Terms and conditions

1.1 In these Conditions the following expressions have the following meanings unless inconsistent with the context:

“Click and Collect” the process by which you order Goods from the Bike Boom in store;

“Conditions” these terms and conditions; “Contract” any agreement for the sale and purchase of Goods from us to you in accordance with Condition “Cooling Off Period” means as described in Condition 8.1;

“Custom Fit Products” those Goods which by their nature and design must be tailored and adjusted to your specific requirements;

“Delivery Address” the address for delivery of the Goods within the United Kingdom as set out in the Order Acknowledgment or as may have been agreed between you and us in writing from time to time;

“Finance” the process by which you pay for the Goods by entering a credit agreement with the Finance Company;

“Finance Company” a third party who enters into a credit agreement with you in order to provide credit to you to purchase the Goods;

“Bike Boom Dealer” a member of our dealership network including Bike Boom branded stores;

“Goods” all goods supplied by us to you under the Contract; “Home Delivery” the process by which you order Goods from the Site for the Bike Boom Dealer to deliver to you

“Notice of Cancellation” any notice of your intention to cancel the Contract provided by you to us in accordance with Condition 8.

“Order Acknowledgment” written confirmation by us of our acceptance of your order; “Price” the price payable by you for the Goods; “Site” www.bikeboom.co.uk

“we”, “us” or “our” Bike Boom Ltd, registered in England and Wales under number 12795084, whose principal place of business and registered office is Unit 4 Block 3 Chalex Industrial Estate 214 Manor Hall Road, Southwick, Brighton, England, BN42 4NH, hello@bikeboom.co.uk “Working Day” any day from Monday to Friday other than a statutory holiday or public holiday in England; and “you” or “your” the person who has accepted these Conditions.

1.2 References to any statute or statutory provision include, unless the context otherwise requires, a reference to the statute or statutory provision as modified or re-enacted and in force from time to time and any subordinate legislation made from time to time under the relevant statute or statutory provision.

1.3 References to persons include natural persons, firms, partnerships, companies, corporations, associations and organisations (in each case whether or not having separate legal personality).

1.4 Words in the singular include the plural and words in the plural include the singular.

1.5 Any reference to “writing” includes communications by post, facsimile and e-mail but excludes text messages.

1.6 The headings to Conditions do not affect the meaning and interpretation of these Conditions.

1.7 Any phrase introduced by the term “include”, “including”, “in particular” or any similar expression is illustrative and does not limit the sense of the words preceding that term.

2.1 These Conditions shall apply to the sale by us of all Goods purchased by you.

2.2 Each Contract shall be made when we issue an Order Acknowledgement to you by e-mail and not before.

2.3 We shall not be responsible for any promises or claims concerning the Goods which are not made by us, our employees or agents.

2.4 Any error or omission in any information or document issued by us shall be liable to correction provided that such correction does not materially affect the Contract.

2.6 If Goods ordered by you are not available we shall contact you and cancel your order and any sums you have already paid to us in respect of the Goods shall be refunded to you. In the event that we are unable to contact you within 10 Working Days the Contract will be deemed cancelled and any sums you have already paid to us in respect of the Goods shall be refunded to you. Where Goods have been ordered by Finance, your original order will be cancelled and any sums already paid by you will be refunded directly by the Finance Company.

3.1 The Price to be paid by you is that displayed on the Site as at the time when your order is received by us.

3.2 In the event that we discover a genuine error in the Price for the Goods ordered by you as displayed on the Site, unless the Goods have been ordered by Finance, we shall notify you as soon as possible providing you the option of either reconfirming the order at the correct Price or cancelling the order. If we are unable to contact you for the purposes of this Condition 3.2 within 10 Working Days or if you fail to either reconfirm or cancel the order within this period, your order shall be deemed cancelled and where you have already made payment for the Goods this shall be refunded to you in full. Where Goods have been ordered by Finance, your original order will be cancelled and any payment already made by you will be refunded directly by the Finance Company.

3.3 All Prices are quoted inclusive of VAT.

3.4 The Price is exclusive of the costs of delivery, the costs of which shall be charged in addition to the Price and will be as displayed on the Site at the time your order is received by us.

4.1 Payment for the Goods shall be due at the time of order placement and payment can be made by one of the following credit or debit cards: MasterCard, Visa, and American Express, or via PayPal or by using Finance.

4.2 Unless due to our fault, if payment for the Goods has not been received in full and in cleared funds within 7 Working Days of order placement we shall be entitled at our option and without liability to you to cancel your order by notice to you in writing.

4.3 Payments for Goods shall only be accepted in sterling. Unless otherwise agreed in writing any payment received from you in any other currency will not be deemed to be payment for the Goods in question.

5.1 The packaging of the Goods shall be entirely at our discretion. We shall have the right to pack all the Goods in such manner and in such quantities as we think fit and we shall not be obliged to comply with any packaging requests or instructions from you.

6.1 Any order that is under £50.00 is subject to a £5.00 delivery charge, payable by you at the time of payment for the Goods in accordance with Clause 4.

6.2 The Goods shall be delivered:

6.2.1 where ordered by Click and Collect, when they have been collected by you from the Delivery Address, which shall in all circumstances be the premises of Bike Boom ltd. We shall notify you by email that the Goods are available for delivery;

6.2.2 where ordered by Home Delivery, when they are delivered to you by Bike Boom ltd at the Delivery Address. We shall notify you by email that the Goods are available for delivery and a Bike Boom employee will contact you to arrange delivery.

6.3 We shall reasonably endeavour to deliver the Goods within 4 to 5 Working Days of the Order Acknowledgement (“the Anticipated Delivery Date”), but we shall not be held responsible for any delays in delivery caused by circumstances beyond our reasonable control. If delivery is delayed for more than 30 days after the Anticipated Delivery Date you shall be entitled to cancel the Contract and recover your reasonable losses from us.

6.4 We shall have the right to deliver Goods in instalments.

6.5 Upon delivery of the Goods you shall be required to present to Bike Boom ltd the following:-

6.5.1 the Order Acknowledgment;

6.5.2 where you have paid for the Goods by PayPal or by Cyclescheme, photographic identification - valid photo passport or photo drivers license only;

6.5.3 where you have paid for the Goods by card, photographic identification - valid photo passport or photo drivers license only; and

6.5.3.1 the original payment card bearing the same name as the name on the order confirmation and on the photographic identification and matching the last 4 card digits and card expiry date

6.5.4 where you have paid for the Goods by Finance:-

6.5.4.1 a copy of the credit agreement entered into between you and Finance Company to purchase the Goods; and

6.5.4.2 a copy of either your valid driver’s licence (both photo identification and paper halves) or a copy of your valid passport; and

6.5.4.3 either a bank statement or utility bill no less than 3 months old as proof of your address e.g. utility bill (this must be the same address as set out in the credit agreement). Bike Boom will take a copy of these to be stored for 90 days.

6.5.5 where you have paid for the Goods by STS Buy a Bike Scheme:-

6.5.5.1 the order acknowledgement; and

6.5.5.2 your unique employee number found on your payslip; and

6.5.5.3 a copy of either your valid driver’s licence (both photo identification and paper halves) or a copy of your valid passport

6.6 If you fail to take delivery of the Goods within a period of 15 Working Days of our written notification that delivery can take place the Goods will no longer be available for delivery. Unless your failure to take delivery of the Goods is due to our fault, we shall be entitled to store the Goods until actual delivery and charge you for the reasonable costs of storage (including insurance) and redelivery. You must call us on +44 (0) 800 0159 890 to arrange re-delivery to Bike Boom and collection from Bike Boom's Delivery Address (in the case of Click and Collect) or delivery by Bike Boom to you at the Delivery Address (in the case of Home Delivery).

6.7 Unless we agree to a longer time period in writing you must advise us of any damage to the Goods which is apparent on delivery or any shortage of the Goods in writing within 14 Working Days following delivery.

6.8 On delivery it is your responsibility to ensure that the total number of packages signed for is the same as the number of packages delivered.

7.1 Risk of damage to or loss of the Goods shall pass to you:

7.1.1 at the time of delivery; or

7.1.2 if you wrongfully fail to take delivery then risk shall pass to you at the time when we have tendered delivery of the Goods, but you shall not be responsible for any damage to the Goods caused by our negligence.

7.2 Ownership of the Goods shall pass to you on delivery.

8.1 Unless the Goods have been personalised or otherwise made to your specification or by the reason of the nature of the Goods cannot be returned (including without limitation Custom Fit Products) you may cancel the Contract at any time after you place your order up to 28 days from the day of delivery of all of the Goods (“Cooling Off Period”). We will confirm to you if the Goods are Custom Fit Products by placing a notice on the Site prior to the Contract being formed.

8.2 If you wish to cancel the Contract you must:

8.2.1 complete an online Model Cancellation Form;

8.2.2 keep the Goods in your possession and take reasonable care of them before you return them to us; and

8.2.3 either;

8.2.3.1 return the Goods to us at your own cost;

8.2.3.2 under Click and Collect return the Goods to the Delivery Address

8.2.3.3 under Home Delivery return the Goods to Bike Boom whilst at the Delivery Address delivering the Goods or return the Goods to Bike Boom in-store.

8.3 If you cancel the Contract under Condition 8.1 during the Cooling Off Period, we will, subject to Conditions 8.4 and 8.5, refund the Price, within 14 days from the date:-

8.3.1 we receive the Goods back from you in accordance with Clause 8.2.3.1; or

8.3.2 under Click and Collect you return the Goods to the Delivery Address in accordance with Clause 8.2.3.2; or

8.3.3 under Home Delivery you return the Goods to Bike Boom whilst at the Delivery Address delivering the Goods or return the Goods to Bike Boom in-store in accordance with Clause 8.2.3.3.

8.4 Where you fail to return the Goods to us or the Delivery Address or where you return the Goods at our expense we shall, where appropriate, be entitled to make our own arrangements for collection of the Goods and shall in either case be entitled to either deduct the direct costs of collection or return from any refund due to you under Condition 8.6 or recover such costs from you as a debt from you to us

8.5 Where :

9.2.1 you tell us about any fault or damage as soon as is reasonably possible (you can call us on +44 (0) 800 0159 110 or complete a Model Cancellation Form here); and

9.2.2 you give us or Bike Boom a reasonable opportunity to inspect the Goods in the same condition as they were after discovery of the defect and at our option either return the Goods to us at your cost, or alternatively allow us or Bike Boom to collect the Goods, for examination to take place at our premises or the premises of Bike Boom. The reasonable cost of packaging and carriage of Goods returned by you will be reimbursed by us if the Goods are found to be damaged or defective and you shall be liable to pay us for any reasonable costs incurred by us collecting Goods found not to be defective.

9.3 Where you have a valid claim in respect of the Goods we shall be entitled to

9.3.1 replace the Goods (or the part in question) found to be defective at our cost

9.3.2 at our option refund to you the Price (or a proportionate part of the Price) of the relevant part of the Goods found not to conform to warranty

9.4 For the purposes of Condition 9.2.1 we ask you to examine the Goods as soon as is reasonably possible after delivery.

9.5 Subject as expressly provided in these Conditions, all warranties conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law. This Condition 9.5 shall not affect your statutory rights as a consumer.

10.1 Nothing in these Conditions excludes or limits our liability for death or personal injury caused by negligence, fraudulent misrepresentations or breach of any terms supplied by Statute.

10.2 Subject to Condition 10.1 we shall not be liable for any losses under the Contract which:

10.2.1 were not foreseeable to us at the time when the Contract was made;

10.2.2 relate to any business undertaken by you; and/or

10.2.3 were not caused by any breach of the Contract by us, our agents or employees.

11.1 We shall be not liable to you or deemed to be in breach of this Contract by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the Contract, if the delay or failure was due to any cause beyond our reasonable control such as (but without limitation) any strike, lock-out or other form of industrial action, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or government order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of supplier or sub-contractors or inability to obtain materials required for performance of the Contract.

12.1 We may assign the Contract or any part of it to any person.

12.2 You shall not be entitled to assign the Contract or any part of it without our prior written consent which we shall not refuse to give without good reason.

13.1 A person who is not a party to the Contract will not have any rights under or in connection with it by virtue of the Contracts (Rights of Third Parties) Act 1999.

14.1 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions shall remain in full force and effect.

15.1 If either you or us fail or delay or compromise in exercising a right or remedy under the Contract, the right or remedy is not to be treated as having been waived, restricted or varied and any agreement by either you or us to refrain from exercising a right in one particular instance will not prevent you or us from exercising it in full in the future.

16.1 All rights and remedies available to either you or us under the terms of the Contract or under the general law are to be cumulative, and no exercise by either you or us of any such right or remedy is to restrict or prejudice the exercise of any other right or remedy granted by the Contract or otherwise available to you or us.

17.1 The Contract shall be governed by the laws of England and any court proceedings in relation to the Contract are to be brought in the English Courts.