Terms and Conditions
Clarks cycle systems Ltd.
CONDITIONS OF SALE THE ORDER FORM, ANY ORDER ACKNOWLEDGEMENT WE ISSUE AND THESE CONDITIONS TOGETHER FORM OUR CONTRACT WITH YOU AND ARE BINDING ON YOU. PLEASE READ THEM CAREFULLY, CHECK YOU UNDERSTAND THEM AND THAT THEY ONLY CONTAIN TERMS YOU ARE PREPARED TO AGREE TO. NOTHING IN THIS CONTRACT SHALL EXCLUDE OR LIMIT ANY OF YOUR STATUTORY RIGHTS WHICH MAY NOT BE EXCLUDED OR LIMITED DUE TO YOU ACTING AS A CONSUMER.
1.1 In these conditions the following words have the following meanings unless the context requires otherwise: “Contract” means any contract between You and Us incorporating these conditions, the Order Form and any order acknowledgement issued by Us for the sale of Products and/or the provision of the Services; “Consumer” means any person who purchases Products and/or Services from Us not in the course of business; “Liability” means liability for any and all damages, claims, proceedings, actions, awards, expenses, costs and any other losses and/or liabilities; “Order Form” means any order form for Products and/or Services submitted by you on the Website or by post or which We complete with You over the telephone; “Products” means any products and/or goods to be supplied by Us to You under the Contract; “Services” means the services and/or work to be performed by Us for You under the Contract; “Website” means the website situated at the URL www.clarkscyclesystems.com “We, Us, Our” means Clarks cycle systems Limited whose registered office is at Unit 6 lakeside court, maple drive, Hinckley LE10 3BH; and “You, Your, Yours” means the person whose Order Form is accepted by Us.
2 Basis Of Contract 2.1 These conditions shall govern the agreement between Us and You.
2.2 Nothing in the Contract shall exclude or limit any of Your statutory rights which may not be excluded or limited due to You acting as a Consumer.
2.3 These conditions supersede all previous terms and conditions and shall replace any terms and conditions previously notified to You by Us.
2.4 Our employees, sub-contractors and/or agents are not authorised to make any representations or warranties concerning the Products and/or Services unless confirmed by Us in writing.
3. Orders And Contract
3.1 You are responsible for the accuracy of Your order including, but not limited to, the accuracy of all information You provide in the Order Form.
3.2 You are responsible for providing Us with all and any information necessary for Us to perform the Contract.
3.3 The Contract between Us and You shall come into effect when We accept Your Order Form by issuing an order acknowledgement to You or when We start to deliver the Products and/or the Services if earlier.
3.4 We may refuse to accept any order at any time before the Contract comes into effect.Our reasons for such refusal may include, but are not limited to, if Products are not available or, if We cannot obtain Your bank’s authorisation for Your payment.
4. Delivery and/or Performance
4.1 Dates and times for delivery and/or performance are estimates only and are not guaranteed. They are also subject to any matter beyond Our reasonable control.
4.2 We will use reasonable endeavours to ensure delivery and/or performance on the dates We notify to You.
4.3 We are not required to fulfil orders for Products and/or Services in the sequence in which they are placed.
4.4 Unless We confirm otherwise, the Products will be delivered by Us or Our courier. Further delivery information is available on the Website and in the current version of our mail order catalogue
4.5 If You refuse or fail to take delivery of the Products (unless this is due to Our fault) then:
4.5.1 You must pay any costs reasonably incurred by Us as a result of your refusal or failure;
4.5.2 We shall be entitled to withhold delivery of any other Products and/or performance of any other Services; and 4.5.3 We may treat the Contract as cancelled by You.
5. Price And Payment
5.1 The price of the Products and/or the Services shall be: -
5.1.1 if you place your order on the Website, the price quoted by Us on the Website at the time You submit Your Order Form on the Website;
5.1.2 if you place your order over the telephone, the price quoted by Us over the telephone when we complete Your Order Form with You over the telephone;
5.1.3 f you place your order by post, the price quoted by Us in Our mail order catalogue current at the time We receive Your Order Form.
5.2 Except as otherwise stated, Our prices include delivery. In certain circumstances We may charge for delivery and if We do We will confirm any applicable delivery costs at the time We receive Your Order Form. 5.3 Our prices are inclusive of any applicable VAT.
5.4 While We try and ensure that all prices quoted on the Website and in our mail order catalogue or quoted over the telephone are accurate, errors may occur. If We discover an error in the price of the Products You have ordered We will inform You as soon as possible and give You the option of either reconfirming Your order at the correct price or cancelling it. If We are unable to contact You We will treat the order as cancelled. If You cancel an order due to an error in price and We have already received payment for the Products and/or Services, You will receive a full refund. 5.5 Unless We agree otherwise, payment is due at the time You submit Your Order Form. If We do not accept Your order, We will refund You any payment made by You in respect of such cancelled order.
5.6 You must pay all sums due to Us in full by either debit or credit card. By ordering Products and/or Services You are giving Us Your consent to pass details on to Our appointed secure payment provider for the purposes of processing Your payment.
6.1 You may cancel Your order for Products at any time within the 7 working days following the day on which You receive such Products.
6.2 You may cancel Your order for Services at any time within the 7 working days following the day on which You placed Your order unless the Services start with your agreement before the expiry of this period in which case Your right to cancel your order for Services under this clause will end when the Services start.
6.3 If You want to cancel any Contract in accordance with this clause, You must notify Us in writing within the relevant timescale set out in this clause. If any Products have already been sent by Us to You, You must promptly arrange for and pay for the return of such Products to Us. If You fail to return the Products to Us or if You return the Products at Our cost We shall charge You for Our direct costs in recovering the Products from You.
6.4 Risk in the Products shall remain with You until We receive the Products from You. This means You will be responsible for care of the Products and You must bear the cost of any loss of and/or damage to the Products before We receive them from You and so We suggest that You return Products to Us by courier or registered delivery.
6.5 If you cancel any Contract in accordance with this clause, You will receive a full refund of the price You paid for the relevant Products and/or Services and any applicable delivery charges You paid for. We will process the refund due to You as soon as possible and, in any case, within 30 calendar days of the day on which You gave us notice of cancellation in accordance with this clause.
6.6 We shall not be obliged to agree to any cancellation requests submitted other than in accordance with these conditions. If We do agree to any cancellation request submitted other than in accordance with these conditions You agree to pay to us Our reasonable costs and expenses incurred as a direct result of Your cancellation.
7.1 The quantity, quality, description and/or specification for the Products and/or the Services shall be that set out on the Website or in Our mail order catalogue current at the time of order placement and (in any case) in any order acknowledgement issued by Us.
7.2 You are responsible for checking the order acknowledgement is accurate and adequate for the Products and/or Services to be supplied.
7.3 Details and/or specifications in brochures and price lists produced by Us are intended as a guide only and only give a general approximation of the Products and/or Services.
7.4 We reserve the right to make changes to the specification of the Products and/or Services as required from time to time by law, applicable safety requirements or manufacturing requirements provided that they do not have a material adverse effect on the quality and/or performance of the Products and/or the Services.
7.5 If We do make changes to the specification of the Products and/or Services which have a material adverse effect then You shall have the right to cancel the Contract without Liability.
8.1 We may provide a specific warranty with the Products. If a specific warranty applies to the Products this will be stated on Our Website or in Our mail order catalogue. We shall have no Liability to You under such warranty in respect of any excluded defects referred to on Our Website or in Our mail order catalogue.
8.2 We warrant that the Services will be carried out with reasonable care and skill.
8.3 If You believe the Products and/or Services to be defective You should contact Us as soon as possible and provide Us with a photograph and description of the defect by post or e-mail to the relevant address set out in clause 12 below. 8.4 If it appears to Us that the Products and/or Services may be defective We may then ask you to return the Products to us and/or arrange to collect them from You.
8.5 You agree to follow our reasonable instructions in respect of the return and/or collection of the Products.
8.6If You fail to make the Products available for collection in accordance with our instructions and the collection is aborted as a result We may require You to pay Us Our reasonable costs and expenses which We incur in respect of the failed collection before We will make a further attempt to collect the Products. 8.7 If any Products and/or Services prove to be defective under any of Our warranties then We shall, at Our sole option, either repair or replace or re-perform or refund the price of such Products and/or Services. We will also refund Your reasonable postage costs if You have returned defective Products to Us at Your own expense in accordance with Our instructions. 8.8 If the Products are not defective We shall be entitled to charge You for any costs and/or expenses incurred by Us in collecting the Products and any work carried out by Us in relation to those Products.
9.1 Risk in the Products shall pass to You at the time of delivery. This means that from the time of delivery You will be responsible for care of the Products and You must bear the cost of any loss of and/or damage to the Products.
9.2 Delivery shall be deemed to occur at the time when the Products arrive at the place of delivery set out in the Order Form.
10.1 If You: 1
10.1.1 breach the terms of this Contract and, if the breach is capable of remedy, do not remedy the breach within 14 days of receiving notice from Us requiring the breach to be remedied;
10.1.2 persistently breach any one or more terms of this Contract;
10.1.3 provide incomplete, materially inaccurate or misleading facts and/or information in connection with the Contract; 10.1.4 propose to compound with Your creditors or have a bankruptcy petition presented against You;
10.1.5 appear to Us due to the Your credit rating to be financially inadequate to meet Your obligations under the Contract; and/or
10.1.6 appear reasonably to Us to be about to suffer any of the above events then We shall have the right, without prejudice to any other remedies, to exercise any or all of the rights set out in clause
10.2. 10.2 If any of the events set out in clause 10 occurs in relation to You then:
10.2.1 We may withhold delivery of any undelivered Products and stop any Products in transit;
10.2.2 We may withhold the performance of any Services and cease any Services in progress; and/or
10.2.3 all monies owed by You to Us under the Contract and any other contract between You and Us shall immediately become due and payable.
11.1 WE SHALL HAVE NO LIABILITY FOR INADEQUATE PACKING OR UNSECURE TRANSMISSION OF ANY PRODUCT FROM YOU TO US.
11.2 NEITHER YOU NOR WE SHALL HAVE ANY LIABILITY TO EACH OTHER FOR ANY MATTERS WHICH NEITHER YOU NOR WE COULD FORESEE AT THE DATE OF THE CONTRACT.
11.3 WE SHALL HAVE NO LIABILITY FOR ANY MATTERS WHICH WERE NOT CAUSED BY OUR BREACH OF THE CONTRACT. YOU SHALL HAVE NO LIABILITY TO US FOR ANY MATTERS WHICH WERE NOT CAUSED BY YOUR BREACH OF THE CONTRACT. 11.4 IF YOU ARE A CONSUMER WE SHALL HAVE NO LIABILITY TO YOU FOR ANY LIABILITIES YOU SUFFER WHICH RELATE SOLELY TO ANY BUSINESS UNDERTAKEN BY YOU.
11.5 NOTHING IN THIS CONTRACT SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR DEATH OR PERSONAL INJURY DUE TO OUR NEGLIGENCE OR ANY LIABILITY WHICH IS DUE TO OUR FRAUD OR ANY OTHER LIABILITY WHICH WE ARE NOT PERMITTED TO EXCLUDE OR LIMIT AS A MATTER OF LAW.
11.6 NOTHING IN THIS CONTRACT SHALL EXCLUDE OR LIMIT ANY OF YOUR STATUTORY RIGHTS WHICH MAY NOT BE EXCLUDED OR LIMITED DUE TO YOU ACTING AS A CONSUMER. ANY PROVISION WHICH WOULD BE VOID UNDER ANY CONSUMER PROTECTION LEGISLATION OR OTHER LEGISLATION SHALL TO THAT EXTENT, HAVE NO FORCE OR EFFECT. 11.7 THE LIMITATIONS IN THIS CONTRACT ARE NECESSARY IN ORDER TO ALLOW US TO PROVIDE THE PRODUCTS AND/OR THE SERVICES AT THEIR CURRENT PRICES.
11.8 IF YOU REQUIRE GREATER PROTECTION THEN WE WILL AGREE TO MODIFY THE LIMITATIONS AND EXTEND OUR GUARANTEES IN RETURN FOR THE PAYMENT OF A HIGHER PRICE FOR THE PRODUCTS AND/OR SERVICES.
12.1 Please contact Us:
12.1.1 by post at CLARKS CYCLE SYSTEMS LTD Unit 6 Lakeside Court, Maple Drive, Hinckley LE10 3BH
12.1.2 by telephone on 01455 254800
12.1.3 by e-mail at Info@clarkscyclesystems.com; or
12.1.4 via the website situated at the www.clarkscyclesystems.com with any queries in relation to the Contract, the Products and/or the Services.
12.4 No waiver by Us of any breach of the Contract shall be considered as a waiver of any subsequent breach of the same provision or any other provision.
12.5 If any provision of the Contract is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the Contract and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.
12.6 Neither party shall have any Liability to the other for any delay in performance of this Contract (other than in relation to payment) to the extent that such delay is due to any events outside the affected party’s reasonable control including but not limited to acts of God, war, flood, fire, labour disputes, subcontractor delays, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events. If a party is affected by any such event then time for performance shall be extended for a period equal to the period that such event or events delayed such performance.
12.7 You shall not assign Your interest in the Contract (or any part) without Our written consent.
12.8 All third party rights are excluded and no third party shall have any right to enforce the Contract. This shall not apply to members of Our group from time to time who shall, subject to Our consent, have the right to enforce the Contract as if they were Us. Any rights of a third party to enforce the Contract may be varied and/or extinguished by agreement between the parties to the Contract without the consent of any such third party.
12.9 Each Contract is governed by and interpreted in accordance with English law and the parties agree to submit to the non-exclusive jurisdiction of the English courts.
For any questions about our Terms and Conditions please contact us at:
Telephone: +44 (0)1455 254800