TERMS AND CONDITIONS
These terms and conditions apply to the use of this website at www.quirkcycles.com. By accessing this website and/or placing an order, you agree to be bound by these terms and conditions.
Using this website indicates that you accept these terms regardless of whether or not you choose to order from us. If you do not accept these terms, do not use this website.
Our main points of contact are as follows:
General email: hello@quirkcycles.com
Telephone number: 07957 359211
The www.quirkcycles.com website is owned and operated by
Quirk Cycles Limited, 86 Wallis Road, London. E9 5LN. United Kingdom.
BY PLACING AN ORDER FOR CUSTOM BESPOKE BICYCLES YOU AGREE TO BE BOUND BY AND ACCEPT THESE TERMS.
1. Introduction
1.1 You will be able to access most areas of this website without registering your details with us. Certain areas of this Website are only open to you if you register.
1.2 We may revise these terms and conditions at any time by updating this posting. From time to time and without notice, Quirk Cycles may change the Terms. Please familiarise yourself with the Terms each time you use the Website and the Online Shop. Any advertising by Quirk Cycles which may display Custom Bespoke Bicycles or Products is for information only and not an offer or obligation by Quirk Cycles to supply any such items.You should check this Website from time to time to review the current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.
1.3 We have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all goods have been described accurately. However, orders will only be processed if there are no material errors in the description of the goods or their prices as advertised on this website. Any weights, dimensions and capacities given about the goods are approximate only.
2. Orders
2.1 You are deemed to place an order with us by ordering via our online checkout process or sending payment to us via other means including bank transfer. As part of the order process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered.
2.2 Our acceptance of an order for Custom Bespoke Bicycles takes place once the payment has been accepted. You agree that your order is an offer to buy the Custom Bespoke Bicycles for the amount listed in your order under these Terms. The amount includes frameset price plus upgrades, components, paint, shipping and any other products or services requested.
2.3 We may refuse to accept an order:
(a) where goods are not available;
(b) where we cannot obtain authorisation for your payment;
(c) if there has been a pricing or product description error; or
(d) if you do not meet any eligibility criteria set out in our terms and conditions.
2.4 To enable us to process your order, you will need to provide us with your e-mail address. We will notify you by e-mail as soon as possible to confirm receipt of your order and to confirm details. For the avoidance of doubt, this correspondence does not constitute a contract between us.
2.5 RETENTION OF TITLE: Title to your Quirk Cycles Order shall remain vested in Quirk Cycles and shall not pass to you [the Buyer] until the purchase price for your Quirk Cycles Order has been paid in full and received by Quirk Cycles.
3. Pricing
3.1 The prices payable for goods that you order are as set out on our website. All prices are inclusive of VAT at the current rates and are correct at the time of entering information.
3.2 Our prices are reviewed periodically. The price charged for a Product will be the price in effect at the time the order is placed and will be set out in the order receipt and order confirmation email. Where it is not possible to accept your order to buy goods of the specification and description at the price indicated, we will advise you by email, and offer to sell you the goods of the specification and description at the price stated in the email and will state in the email the period for which the offer or the price remains valid. Quirk Cycles may change prices at any time without notice.
3.3 Prices for Custom Bespoke Bicycles do not include charges for shipping and handling. Separate charges for shipping will be calculated before delivery.
4. Cancellation and Returns
4.1 Where a product has been specially ordered for you, such as Custom Bespoke Bicycles, unless faulty, we can't offer refunds or exchanges under any circumstances. We're unable to accept cancellations for these orders, unless within 48 hours of the order being placed.
4.2 You have the right to return the product, excluding Custom Bespoke Bicycles, in unused condition up to 14 days post-purchase. You are liable for the shipping costs of returning the item.
4.3 If you find a fault with your Custom Bespoke Bicycles, it is within 14 days of the purchase date, it is unridden and in 'like new' condition, please contact us so we can correct the issue.
4.4 For us to process any returns and subsequent refunds please ensure your item reaches us within 14 days after contacting us. Please note we cannot accept responsibility for items lost in transit so we advise using a recorded method and may request proof of delivery. Refunds may take up to 28 days to process but we will always endeavour to process them as quickly as possible.
4.5 Parcels that are returned to us remain the customer’s responsibility and a refund will not be given until we have safely received the package undamaged.
4.6 Once we have received the item and inspected it to ensure it is in as new condition, we will provide a full refund. Should the returned item not be in as new saleable condition, we will contact you immediately. Quirk Cycles retains the right to inspect any returns and deduct monies for wear and tear or damage, including where the item has been either checked or used.
4.7 The rights to return the goods to us as referred to above will not apply in the following circumstances:
In the event that the product has been used.
The packaging of the product has been damaged.
The product is damaged in any way.
The product is not in full resalable condition.
Goods Faulty on Arrival, Incorrect or Damaged in Transit.
5. Availability, Delivery and Delays
5.1 Quirk Cycles does not guarantee availability of any items available to order and reserves the right, without liability or earlier notice, to change, discontinue or stop making any items.
5.2 We will provide you with the information on the latest expected delivery date which will be specifically agreed with you. In case you unreasonably defer delivery or delay the receipt of delivery after we have notified you that we have tried to deliver the ordered items to you, or if you have provided us with an incorrect delivery address which results in an unsuccessful delivery, the delivery package will be returned to us. Subsequent attempts to deliver will incur extra delivery charges.
5.3 In the case of Products that remain undelivered and are returned to us undelivered, we consider that you have exercised your right to cancel the contract.
5.4 In the case of Custom Bespoke Bicycles Quirk Cycles shall not be held responsible for delay or failure to perform if the delay or failure is caused by any circumstances beyond its reasonable control including but not limited to acts of war or terror, strikes, national or local states of emergency, failure of transportation facilities, power or utility outages, earthquakes, or other natural disasters or interruptions to material supply chains.
5.5 International customers are solely responsible for the payment of any relevant import taxes, duties and fees at either the exit customs authority or upon entry to another jurisdiction. Quirk Cycles will not accept any responsibility or liability for excess taxation charges levied through any method of delivery, collection or transportation. Quirk Cycles are not authorised to advise on any import/export taxation arrangements or issues.
6. Warranty
6.1 Quirk Cycles provides a specific 6 year warranty limited to the original purchaser on Custom Bespoke Bicycles. This is not transferable and covers material and workmanship defects, not including paint. Quirk Cycles will not be held liable for age wear and tear, any accidental damage or failure resulting form use other than that of the initial intended use. Any claim on Custom Bespoke Bicycles is treated individually by direct communication between Quirk Cycles and the customer.
6.2 Any third party components supplied are covered by their respective manufacturer warranty periods.
7. Payments
7.1 We will not ship orders to you without cleared payment. Quirk Cycles reserves the right to unilaterally cancel any order that appears fraudulent. All Custom Bespoke Bicycles may not require full payment at the time of order placement. If this is the case, payment will be collected in instalments at different phases of the order process. Payments specified as “Deposits” are refundable if a claim for refund is received within 48 hours of authorising the payment. Payments specified as “Parts Payments”, “Interim Payments” and “Final Payments” are not refundable under any circumstances.
8. Custom Bespoke Bicycle
8.1 Each Custom Bespoke Bicycle is manufactured specifically to your specifications and as a result, your orders cannot be modified, cancelled or returned. On the order review page, you will have a chance to review your Custom Bespoke Bicycle submission and make changes before you purchase. This is very important because a Custom Bespoke Bicycle cannot be returned and your purchase of any Custom Bespoke Bicycle is non-refundable. PLEASE MAKE SURE ALL INFORMATION IS CORRECT before you proceed to purchase your Custom Product. If in any doubt please contact Quirk Cycles before placing your order.
9. Your Liability
9.1 These Terms set out the full extent of our obligations and liabilities in respect of the sale of Custom Bespoke Bicycles. Except for the express limited warranty for the Product purchased, Quirk Cycles disclaims any and all implied warranties, including the warranty of merchantability, warranty of non-infringement, and the warranty of fitness for a particular purpose.
9.2 You waive any and all claims relating to the Custom Bespoke Bicycles with respect to any special, incidental, or consequential damages. Quirk Cycles further disclaims any implied or express warranty of, and assumes no responsibility for, defects in workmanship caused by third parties or modifications made to the Custom Bespoke Bicycles by anyone other than Quirk Cycles. Quirk Cycles further disclaims all liability and damages of any kind related to use of Custom Bespoke Bicycles in any manner which is not consistent with the its intended use.
9.3 These Terms give you specific legal rights; you may have other rights depending upon where you live.
10. Invalidity
10.1 If any provision or provisions of these Terms shall be held to be invalid, illegal or unenforceable, that provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in anyway be affected or impaired.
11. Liability
11.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
11.2 Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
11.3 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
11.4 You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.
12. Governing Law
12.1 These Terms shall be governed and construed in accordance with laws of England andWales
13. Your personal information
13.1 We will only use your personal information as set out in our privacy policy.
14. Third Party Rights
14.1 Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
15. Disclaimer
15.1 While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
15.2 The material on this Website is provided "as is" without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.
16. Miscellaneous
16.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions
16.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
16.3 Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.
PRIVACY STATEMENT
Quirk Cycles are committed to respecting and protecting the privacy of anyone using our site and the confidentiality of any information that you provide us with. The purpose of this statement is to set out how we use any personal information that we may obtain from you.
Data Protection Act 1998 (‘the Act’)
We are registered under the Data Protection Act and comply with the Act in all our dealings with your personal data.
Use and collection of personal information
In general you can visit our website without telling us who you are and without revealing any information about yourself. If, however, you use our site you will need to register and you will be asked to provide certain information such as your contact details. We will store this data and hold it on computer or otherwise.
We may use information that you provide:
To register you with our website and to administer it.
For assessment and analysis, e.g. marketing, customer and product analysis, to enable us to review, develop and improve our services.
If you do not want us to use data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data.
We may disclose your personal information to third parties:
In the event we sell or buy any business or assets, in which case we might disclose your personal data to the prospective buyer or seller.
If we are under a legal duty to disclose or share your personal data in order to comply with or meet any legal obligation.
Cookies
We collect information directly from you in a number of ways. One way is through our use of ‘cookies’. Most websites use cookies in order to make them work, or to work more efficiently, as well as to provide information to the owners of the website. They help us to understand how our customers and potential customers use our website so we can develop and improve the design, layout, content and function of the site. Cookies are small text files that are placed on your computer’s hard drive by websites that you visit. They save and retrieve pieces of information about your visit to the website – for example, how you entered the site, how you navigated through the site and what information and documentation was of interest to you. This means that when you go back to a website, it can give you tailored options based on the information it has stored about you on your last visit.
Some of our cookies are used to simply collect information about how visitors use our website and these types of cookies collect the information in an anonymous form.
Where there is a login process relating to buying products or services from us we also use cookies to store personal registration information so that you do not have to provide it to us again on subsequent visits.
The rules about cookies on websites have recently changed. If you are uncomfortable with the use of cookies, you can disable cookies on your computer by changing the settings in the preferences or options menu in your browser. You can set your browser to reject or block cookies or to tell you when a website tries to put a cookie on your computer. You can also delete any cookies that are already stored on your computer’s hard drive. However, please be aware that if you do delete and block all cookies from our website, parts of the site will not then work. This is because some of the cookies we use are essential for parts of our website to operate. Likewise, you may not be able to use some products and services on other websites without cookies.
To find out more about cookies, including seeing what cookies have been set and how to manage and delete them, visit www.allaboutcookies.org.
If you do not wish to accept cookies from our website, please leave this site immediately and then delete and block all cookies from this site. Alternatively, you may opt out of receiving information from us by e-mail or telephone. Our phone number is 07957 359211, or you can e-mail us on hello@quirkcycles.com.
Security
We endeavour to take all reasonable steps to protect your personal information. However, we cannot guarantee the security of any data that you disclose online and we will not be responsible for any breach of security unless this is due to our negligence or wilful default.
Your rights
You have the right to ask us not to process your personal data for marketing purposes. We will aim to inform you before collecting your data if we intend to use your data for such purposes or we intend to disclose your information to any third party for such purpose. You can exercise your right to prevent this happening by checking certain boxes on the forms we use to collect your data.
General
You have the right to see personal data (as defined under the Data Protection Act) that we keep about you upon receipt of a written request and payment of a fee of £10. Any request should be sent to:
Quirk Cycles, 86 Wallis Road, London. E9 5LN. UK