Our terms for the supply of products
1. THESE TERMS
1.1 What these terms cover.
These are the terms and conditions on which we supply products (whether these are goods and/or services) to you through our websites at:
and any other website that we supply products though from time to time.
1.2 Why you should read them.
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are.
We are ITS Cycling Limited a company registered in England and Wales. Our company registration number is 08583700 and our registered office is at Unit 8 Huffwood Trading Estate, Partridge Green, Horsham, England, RH13 8AU. Our registered VAT number is 165 9472 70.
2.2 We trade under the following names:
You can contact us by writing to us at email@example.com or Unit 8 Huffwood Trading Estate, Partridge Green, Horsham, England, RH13 8AU or via live chat on the website(s).
2.4 How we may contact you.
If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.5 "Writing" includes emails.
When we use the words "writing" or "written" in these terms, this includes emails.
3.1 How we will accept your order.
Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order.
If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number.
We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order
4. OUR PRODUCTS
4.1 Products may vary slightly from their pictures.
The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, because our products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our website have a degree of tolerance.
4.2 Product packaging may vary.
The packaging of the product may vary from that shown in images on our website.
4.3 Making sure your measurements are accurate.
If we are making the product to measurements you have given us or you are ordering the product based on your measurements you are responsible for ensuring that these measurements are correct. You can find information and tips on how to measure on our websites or by contacting us.
5. YOUR RIGHT TO MAKE CHANGES
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8- Your rights to end the contract).
6. OUR RIGHT TO MAKE CHANGES
6.1 Minor changes to the products.We may change the product:
- to reflect changes in relevant laws and regulatory requirements; and
- to implement minor technical adjustments and improvements. These changes will not affect your use of the product.
6.2 Changes to these terms.
We may change these terms from time to time, but if we do so and these changes affect your order you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
7. PROVIDING THE PRODUCTS
7.1 Delivery costs.
The costs of delivery will be as displayed to you on our website.
7.2 When we will provide the products.
During the order process we will let you know when we will provide the products to you. We will provide you with an estimated delivery date when you order the products and may update the estimated delivery date during the order process.
7.3 We are not responsible for delays outside our control.
If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.4 If you are not at home when the product is delivered.
If no one is available at your address to take delivery and the products cannot be posted through your letterbox, the delivery provider should leave you a note informing you of how to rearrange delivery or collect the products from a local depot. Please contact us if you were expecting a delivery and have not heard from us or a delivery provider.
7.5 If you do not re-arrange delivery.
If, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 2 will apply.
7.6 When you become responsible for the goods.
A product which is goods will be your responsibility from the time the product is delivered to the address you gave us.
7.7 When you own goods.
You will only own a product which is goods once we have received payment in full for it.
7.8 What will happen if you do not give required information to us.
We may need certain information from you so that we can supply the products to you, for example axle size. If so, this will have been stated in the description of the products on our website. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 2 will apply) [or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result]. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.9 Reasons we may suspend the supply of products to you.
We may have to suspend the supply of a product to:
- deal with technical problems or make minor technical changes;
- update the product to reflect changes in relevant laws and regulatory requirements;
- make changes to the product as requested by you or notified by us to you (see clause 6).
7.10 Your rights if we suspend the supply of products.
We will contact you to tell you if we suspend the supply of a product that you have ordered. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
8. YOUR RIGHTS TO END THE CONTRACT
8.1 You can always end your contract with us.
Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
- If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 11;
- If you want to end the contract because of something we have done or have told you we are going to do, see clause 2;
- If you have just changed your mind about the product, see clause 3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and, unless we agree otherwise at our sole discretion, you will have to pay the costs of return of any goods;
- In all other cases (if we are not at fault and there is no right to change your mind), see clause 6.
8.2 Ending the contract because of something we have done or are going to do.
If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
- you do not agree to a change of terms that affects your order (see clause 6.2);
- we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
- there is a risk that supply of the products may be significantly delayed because of events outside our control;
- we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons; or
- you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013).
For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 Our goodwill guarantee.
Please note, though, that these terms reflect the goodwill guarantee offered by us to our customers for the products listed below, which is more generous than your legal rights under the Consumer Contracts Regulations in the ways set out below. This goodwill guarantee does not affect your legal rights in relation to faulty or misdescribed products (see clause 2):
Right under the Consumer Contracts Regulations 2013
How our goodwill guarantee is more generous
14 day period to change your mind from receipt of the goods.
60 day period to change your mind from receipt of the goods under our ‘60 Day Ride & Return’ policies, full details of which are set out in the help pages of our websites.
Please note that there are some exceptions (for example crash damage).
For all goods not listed above, you will have a 14 day period from receipt of the goods to change your mind and receive a refund. For services you have a 14 day period to change your mind from the date you ordered the service, subject to clause 8.5(a) below.
8.5 When you don't have the right to change your mind.
You do not have a right to change your mind in respect of:
- services, once these have been completed, even if the cancellation period is still running; and
- any products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them.
8.6 Ending the contract where we are not at fault and there is no right to change your mind.
Even if we are not at fault and you do not have a right to change your mind (see clause 1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
9.1 Tell us you want to end the contract.
To end the contract with us, please let us know by doing one of the following:
- Email. Email us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address.
- Online. Complete the form where directed to on the relevant website(s) or use live chat on the website(s).
- By post. Simply write to us at ITS Cycling Limited, Unit 8 Huffwood Trading Estate, Partridge Green, Horsham, England, RH13 8AU, including details of what you bought, when you ordered or received it and your name and address.
9.2 Returning products after ending the contract.
If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us at ITS Cycling Limited, Unit 8 Huffwood Trading Estate, Partridge Green, Horsham, England, RH13 8AU or allow us to collect them as set out in these terms.
9.3 When we will pay the costs of and arrange the return.
We will pay the costs of and arrange the return:
- if the products are faulty or misdescribed; or
- if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong,
in which case please email us at email@example.com or contact us via live chat on the website(s) for a return label and/or to arrange collection.
In all other circumstances (including where you are exercising your right to change your mind), unless we agree otherwise at our sole discretion, you must pay the costs of return and arrange the return yourself. If you are responsible for the costs of and arranging the return, we reserve the right, at our sole discretion, to charge you the direct cost to us of arranging any required collection. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
9.4 How we will refund you.
We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.5 Deductions from refunds if you are exercising your right to change your mind.
If you are exercising your right to change your mind:
- We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
- Unless we agree otherwise at our sole discretion, the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then, unless we agree otherwise at our sole discretion, we will only refund what you would have paid for the cheaper delivery option.
- Where you are responsible for the costs of and arranging the return under clause 9.3 above, we may reduce your refund of the price (excluding delivery costs) by the direct cost to us of arranging any required collection.
- Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
9.6 When your refund will be made.
We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
- If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.
- In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
- you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example axel information; or
- you do not, within a reasonable time, allow us to deliver the products to you.
11. IF THERE IS A PROBLEM WITH THE PRODUCT
11.1 How to tell us about problems.
If you have any questions or complaints about the product, please contact us. You can email us at firstname.lastname@example.org or contact us via live chat on the website(s) or write to us at ITS Cycling Limited, Unit 8 Huffwood Trading Estate, Partridge Green, Horsham, England, RH13 8AU.
11.2 Summary of your legal rights.
We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.
11.3 Your obligation to return rejected products if there is a problem or fault.
If you wish to exercise your legal rights to reject products if there is a problem or fault you must either post them back to us at ITS Cycling Limited, Unit 8 Huffwood Trading Estate, Partridge Green, Horsham, England, RH13 8AU or allow us to collect them from you. We will pay the costs of such postage or collection. Please email us at email@example.com or contact us via live chat on the website(s) for a return label and/or to arrange collection.
12. PRODUCT WARRANTIES AND RELATED POLICIES AND SERVICES
12.1 Product warranties.
We provide specific warranties in respect of certain of our products, full details of which are set out in the help pages of our websites. Please note that these specific warranties do not affect your legal rights (i.e. your statutory rights).
12.2 Crash replacement policies.
We offer specific crash replacement policies for certain of our products, full details of which are set out in the help pages of our websites.
12.3 H_Care service.
For an additional fee, as indicated on checkout, we offer the H_Care service, (which is a lifetime crash replacement/crash replacement repair service), for certain of our products, full details of which are set out in the help pages of our websites.
3 PRICE AND PAYMENT
13.1 Where to find the price for the product.
The price of the product will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 13.3 for what happens if we discover an error in the price of the product you order.
13.2 We will pass on changes in the rate of any applicable sales tax (such as VAT).
If the rate of applicable sales tax (such as VAT) changes between your order date and the date we supply the product, we will adjust the rate of applicable sales tax (such as VAT) that you pay, unless you have already paid for the product in full before the change in the rate of applicable sales tax (such as VAT) takes effect.
13.3 What happens if we got the price wrong.
It is always possible that, despite our reasonable care, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
13.4 When you must pay and how you must pay.
We accept payment by the methods listed on the relevant website’s online payment or checkout page. When you must pay depends on what product you are buying. Where indicated for particular products, you may pay a deposit when you order them, in which case you must pay the full balance due before we dispatch them. Where the deposit option is not available you must pay for the products in full when you order them.
13.5 What to do if you think an invoice or bill is wrong.
If you think an invoice or bill is wrong please contact us promptly to let us know.
14 OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
14.1 We are responsible to you for foreseeable loss and damage caused by us.
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
14.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
This includes liability for death or personal injury caused by our negligence and for fraud or fraudulent misrepresentation.
14.3 When we are liable for damage to your property.
If we are providing services in respect of any of your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
14.4 We are not liable for business losses.
Unless we expressly advise you otherwise, we only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15. HOW WE MAY USE YOUR PERSONAL INFORMATION
15.1 How we may use your personal information.
16 OTHER IMPORTANT ITEMS
16.1 We may transfer this agreement to someone else.
We may transfer our rights and obligations under these terms to another organisation. We will tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
16.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee(s)).
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, you may transfer our guarantees at clause 4 and clause 11.3 to a person who has acquired the product or, where the product is services, any item or property in respect of which we have provided the services. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property.
16.3 Nobody else has any rights under this contract (except someone you pass your guarantee(s) on to).
This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 16.2 in respect of our guarantee(s). Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
16.4 If a court finds part of this contract illegal, the rest will continue in force.
Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
16.5 Even if we delay in enforcing this contract, we can still enforce it later.
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
16.6 Which laws apply to this contract and where you may bring legal proceedings.
These terms are governed by English law. You and us can bring legal proceedings in respect of the products in the English courts.