Leeds' biggest small bike shop: bikes, spares, repairs.

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1 DEFINITIONS

In this document the following words shall have the following meanings:

• 1.1 “BUYER” means the person who buys goods and/or
  services from the seller;
• 1.2 “CONSUMER” shall have the meaning ascribed
  in section 12 of the Unfair Contract Terms Act 1977;
• 1.3 “GOODS AND/OR SERVICES” means the articles
  that the buyer agrees to buy from the seller;
• 1.4 “LIST PRICE” means the list of prices of
  the goods and/or services at the time of purchase, maintained by the seller
  and amended when/where needed;
• 1.4 “SELLER” means THE BIKES COLLEGE of MUSEUM
  STORE, COPLEY HILL, LEEDS, LS12 1HY, UK;
• 1.5 “TERMS AND CONDITIONS” means the terms and
  conditions of sale set out in this document and any special terms and
  conditions agreed in writing by the seller and buyer prior to purchase. 

2 GENERAL

• 2.1 These Terms and Conditions shall apply to all contracts for
  the sale of goods and/or services by the seller to the buyer and shall
  prevail over any other documentation or communication from the buyer.
• 2.2 All orders for goods and/or services shall be deemed to be
  an offer by the buyer to purchase goods and/or services pursuant to these
  Terms and Conditions and are subject to acceptance by the seller. The seller
  may choose not to accept an order for any reason.
• 2.3 Acceptance of sales order confirmation or pro forma invoice
  of the goods and/or services shall be deemed conclusive evidence of the buyer’s
  acceptance of these Terms and Conditions.
• 2.4 These Terms and Conditions are available on request by email
  from the seller or can be viewed online at www.thebikescollege.org. The seller
  reserves the right to amend the Terms and Conditions when/where needed and
  without notice.
• 2.5 Nothing in these Terms and Conditions shall affect the buyer’s
  statutory rights as a consumer.
  
  

3 PRODUCT INFORMATION

• 3.1 Any description given or applied to the goods and/or
  services is given by way of identification only and the use of such
  description shall not constitute a sale by description. For the avoidance
  of doubt, the buyer hereby affirms that it does not in any way rely on
  any description when entering into the contract.
• 3.2 The terms of product finish when applied to any item
  supplied by the seller may denote colour or finish only and shall not be
  interpreted to mean that the article concerned is constructed exclusively
  in that colour or finish or material.
• 3.3 The seller reserves the right to alter prices or withdraw
  and modify products when needed and without notice. Products illustrated
  in all of the seller’s literature and websites are done so as accurately
  as modern reproduction methods will allow. It is the responsibility of
  the buyer to check the desired colour match before purchasing, using
  colour samples which can be obtained via the website or supplied upon
  request. It is also the responsibility of the buyer to check the
  suitability of the product and/or its size before purchasing. All
  dimensions listed are within an industry specific tolerances and may vary
  from batch to batch.

4 PRICE AND PAYMENT

• 4.1 The price of the goods and/or services shall be that
  stipulated in the seller’s current list price and/or on the seller’s
  website and/or as contained in the seller’s quotation (as applicable) at
  the date of order or as agreed between the parties. The price is in GBP
  pound sterling inclusive of VAT (net/gross breakdown supplied on demand).
  All goods and/or services are sold ex-works and carriage shall be paid
  for by the buyer unless otherwise agreed.
• 4.2 Payment of the total purchase price (including VAT and any
  delivery charges) must be made in full before the dispatch of the goods
  and/or services and/or services.

5 DELIVERY SERVICE

• 5.1 Unless otherwise agreed in writing, delivery of the goods
  and/or services shall take place to the address specified by the buyer
  within the timescale specified by the seller.
• 5.2 Standard delivery is conducted using a third party courier, third
  party carrier, or seller’s own vehicle. Delivery times vary according to
  each mode of transportation and are advised prior to sale of goods and/or
  services. The mode of transportation is determined by the size of the goods
  and/or services, and is confirmed on order.
• 5.3 The delivery address specified by the buyer must be safely
  accessible between the hours of 09.00 to 17.00 Monday to Friday unless special
  arrangements are in place as agreed prior to delivery.
• 5.4 The delivery service is completed by one person (the driver) upto
  the address specified at the time of order. It is the responsibility of
  the buyer to ensure vehicle access including suitable parking and the
  handling of the goods beyond the delivery vehicle. A sales representative
  from the seller will contact the buyer to discuss additional delivery
  services required when/where needed. These services are priced on
  application and upon acceptance from the buyer, and such charges will be
  added to the order. 
• 5.5 The delivery period specified by the seller is an estimate
  only and shall not be of the essence of the contract unless special
  arrangements are in place prior to delivery. All deliveries conducted by
  the courier/carrier method will be booked in advance and advised by
  telephone/text/email and the buyer shall make all arrangements necessary
  to take delivery of the goods whenever they are tendered for delivery. If
  the buyer is not available to take a pre booked delivery, additional
  delivery charges might apply.
• 5.6 The seller shall use their reasonable endeavours to meet any
  stated delivery period or booked delivery date. In any event, time of
  delivery period or delivery booking shall not be of the essence and the seller
  shall not be liable for any losses, costs, damages or expenses incurred
  by the buyer or any third party arising directly or indirectly out of any
  failure to meet any estimated delivery period or date.
• 5.7 If the seller is unable to commence delivery of the goods
  and/or services for reasons beyond their control, then the seller shall
  be entitled to place the goods and/or services in storage until such
  times as delivery may be effected and the buyer shall not be liable for
  any expense associated with such storage.
• 5.8 If the seller is unable to complete delivery whilst the goods
  and/or services are in transit for reasons beyond their control, then the
  buyer shall be liable for any wasted delivery expenses incurred by the seller.
  The expense charges are subject to the courier/carrier fees as described
  in their terms of business.
• 5.9 In the event that the seller is unable to deliver the goods
  and/or services within the time specified in Clause 5.2, the seller will
  contact the buyer to amend delivery and the buyer shall be entitled to
  cancel the order and receive a full refund or agree a later delivery
  date.
• 5.10 Some goods and/or services may not be in stock at the time
  the order is placed. In the event that such goods and/or services are
  ordered by the buyer payment for such orders will not be immediately
  collected. The seller will contact the buyer to advise of the back order
  and the buyer shall be entitled to cancel the order.
• 5.11 Title and risk in the goods and/or services shall pass to
  the buyer upon the delivery of the goods and/or services.
  
  

6 ORDER COLLECTION

• 6.1 Orders can be collected by the buyer between the hours of 1200pm
  and 800p, Monday to Saturday (excluding Bank Holidays) from The Bikes
  College, Museum Store, Copley Hill, Leeds, LS12 1HY.
• 6.2 The buyer must notify the seller a minimum of 48 hours
  before collection.
• 6.3 It is the responsibility of the buyer to provide the
  appropriate vehicle to conduct the collection. If the buyer is unable to
  complete the collection of the goods and/or services on the date agreed,
  then the seller shall be entitled to place the goods and/or services in
  storage until such times as collection or delivery may be effected and
  the buyer shall be liable for any expense associated with such storage.
• 6.4 Title and risk in the goods and/or services shall pass to
  the buyer when the goods and/or services are entrusted to it or set aside
  for their collection, whichever happens first.

7 CANCELLATION AND RETURNS

• 7.1 The buyer has the right to cancel an order within 30 calendar days
  without giving any reason subject to the conditions below. The
  cancellation period will expire after 30 calendar days from the day on which
  the buyer acquires, or a third party other than the carrier and indicated
  by the buyer, acquires physical possession of the goods and/or services. Note:
  Made to order/bespoke/custom goods and/or services and/or orders, eg special
  orders, bespoke items, cannot be cancelled or returned. To
  exercise the right to cancel, the buyer must advise the seller of their
  decision to cancel in writing by email or post. When goods and/or
  services have been dispatched, even if they have not yet arrived with the
  buyer, the buyer shall send back the goods and/or services without undue
  delay and they must arrive not later than 7 days from the day on which
  the buyer communicates cancellation of their order. It may be possible
  for the seller to organise for goods and/or services to be collected from
  the buyer. The buyer will have to bear the costs of returning goods
  and/or services or the collection cost, including if the buyer refuses
  delivery of the goods and/or services that have already been dispatched.
  The collection cost is typically £35 to £70 but this will depend on the
  weight/size/nature of the goods and/or services and the location of the
  delivery point. The goods and/or services must be fully packaged in their
  original packaging. 
• 7.2 During delivery the buyer shall inspect the
  packaging for visible signs of transit damage before signing any
  delivery receipt document. In the event of visible signs of transit
  damage the buyer must clearly mark the goods and/or services received as
  ‘damaged’ before signing. The buyer shall then notify the seller
  within 24 hours. To avoid ambiguous situations, the buyer
  must inspect the goods and/or services immediately upon receipt
  and shall notify the seller within 48 hours of delivery if the goods
  and/or services are damaged or defective. goods and/or services that are
  defective or that do not comply with any part of the Contract, must be
  reported to the seller within 48 hours of delivery with appropriate
  pictures of any defects. We do not accept damage claims that may have
  resulted from mishandling of the product, or occured during installation.
  We do not accept damage claims once the product has been moved to a
  different location from the point of delivery, has been assembled, or has
  been installed. Any damage must be reported to us before
  assembly and installation.  

• 7.3 Where a claim of defect or damage is made then it shall be
  the responsibility of the seller to either collect the faulty goods and/or
  services and give the buyer replacement for goods and/or services, or the
  buyer will do its best to repair or replace the faulty part. If neither
  of the above is possible, the damaged/defective goods and/or services will
  be collected and a full refund for the damaged goods and/or services only
  (including delivery costs, if applicable) will be made. The seller will
  not be held responsible for any loss or costs caused to the customer.
  Should the reported fault on a returned item be related to incorrect
  installation of an item, or failure to adhere to assembly instructions,
  the seller reserves the right to charge a restocking fee for the goods
  and/or services. 
• 7.4 Goods and/or services to be returned must be fully re-packaged and
  sealed in the original packaging format clearly showing the order number
  obtained from the seller. Please ensure that the persons unwrapping the goods
  and/or services are very careful and keep the inner and outer wrapping of
  the original packaging intact. 
• 7.5 Goods and/or services to be returned must be available for
  the seller to collect between the hours of 09.00 to 17.00 Monday to
  Friday at the address of the original delivery.
• 7.6 Where returned goods and/or services are found to be damaged
  due to the buyer’s fault the buyer will be liable for the cost of
  remedying such damage.

8 WARRANTY

The seller warrants that the goods and/or services will at the time of delivery
correspond to the description given by the seller. The statutory and/or
manufacturer warranty applies to all third party goods and/or services.

9 GUARANTEES

In addition to the buyer’s statutory rights, the seller guarantees all goods and/or services against faulty workmanship and materials for a period of 12 months

from the date of delivery unless otherwise stated and/or agreed.

10 LIMITATION OF LIABILITY

• 10.1 Nothing in these Terms and Conditions shall exclude or limit
  the liability of the seller for death or personal injury, however the seller
  shall not be liable for any direct loss or damage suffered by the buyer
  howsoever caused, as a result of any negligence, breach of contract or
  otherwise in excess of the price of the goods and/or services.
• 10.2 The seller shall not be liable under any circumstances to
  the buyer or any third party for any indirect or consequential loss of
  profit, consequential or other economic loss suffered by the buyer
  howsoever caused, as a result of any negligence, breach of contract,
  misrepresentation or otherwise.

11 FORCE MAJEURE

Neither party shall be liable for any delay or failure to perform any of their
obligations if the delay or failure results from events or circumstances
outside its reasonable control, including but not limited to acts of God,
strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or
shortage or unavailability of raw materials from a natural source of supply,
and the parties shall be entitled to a reasonable extension of their
obligations.

12 SEVERANCE

If any term or provision of these Terms and Conditions is held invalid, illegal or
unenforceable for any reason by any court of competent jurisdiction such
provision shall be severed and the remainder of the provisions hereof shall
continue in full force and effect as if these Terms and Conditions had been
agreed with the invalid, illegal or unenforceable provision eliminated.

13 INTELLECTUAL PROPERTY AND RIGHT TO USE IT

The buyer acknowledges and agrees that all copyright, trademarks and all other
intellectual property rights in all the seller’s literature and websites shall
remain at all times vested in the seller. The buyer is permitted to use this
material only as expressly authorised by the seller.

The buyer acknowledges and agrees that the material and content contained within
the website is made available for personal non-commercial use only and the buyer
may (if necessary to make a purchase on the website) download such material and
content.

Any other use of the material and content of the website is strictly prohibited.
The buyer agrees not to (and agrees not to assist or facilitate any third party
to) copy, reproduce, transmit, publish, display, distribute, commercially
exploit or create derivative works of such material and content.

14 WEBSITE USE AND LINKS

• 14.1 Access to and use of the sellers websites are subject to
  these Terms and Conditions. The buyer agrees that use of these website
  services is entirely at the risk of the buyer.
• 14.2 By using the sellers websites the buyer agrees not to
  attempt to undermine the website’s functionality and integrity
• 14.3 The sellers websites may include links to third party
  websites that are controlled and maintained by others. Any link to other
  websites is not an endorsement of such websites and the buyer acknowledges
  and agrees that the seller is not responsible for the content or availability of any such sites.

15 GOVERNING LAW AND JURISDICTION

These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.

RETURNS AND CANCELLATIONS

Under the Consumer Rights Act of 2015 you have an early right to reject goods that are unsatisfactory condition, unfit of purpose or not as described, and get a full refund.

Returned goods/items are to be processed as unwanted and/or faulty:

• The unwanted goods/items are to be returned in their original packaging and in as purchased condition for the full refund within 14 calendar days from the date of purchase or delivery (whichever is later). The unwanted goods must be returned in a re-saleable condition and must include any accessories/gifts/bonuses. Should the unwanted goods/items be damaged and/or incomplete you will not be eligible for a refund. Should the unwanted goods/items be returned after the 14 calendar days you will not be eligible for a refund.

• The faulty goods/items are to be returned for a full refund within 30 calendar days from the date of purchase or delivery (whichever is later). Should the faulty goods/items show signs of malicious damage you might not be eligible for a refund. Should the faulty goods/items be returned after the 30 calendar days you will not be eligible for a refund. After the 30 days you cannot demand a full refund for faulty goods/items in the first instance, but you still are entitled to a repair or replacement.

REFUNDS

Once your returned item is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.

If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within 14 calendar days. If you paid for standard delivery of the goods, the cost of standard delivery will also be refunded.

There are certain situations where only partial refunds are granted (if applicable):

• Books or other paper products with obvious signs of use;
• Any item not in its original condition, which is damaged or missing parts for reasons not due to our error; and
• Any item that is returned more than 30 days after delivery.

Original proof of purchase receipt will be required for a full refund; should the original receipt be unavailable alternative proof of purchase might be used to issue a credit note to be used in TBC shop only. The funds can be returned only to the original payment method or as TBC credit note only. In case of enquiries please contact hello@thebikescollege.org

TBC reserves their right to refuse refunds/or returns with no original receipt; no proof of purchase refunds and/or return will be processed subject to TBC’s discretion.

LATE OR MISSING REFUNDS (IF APPLICABLE)

If you haven’t received a refund yet, first check your bank account again.

Then contact your credit card company, it may take some time before your refund is processed by your payment provider.

Next contact your bank. There is often some processing time before a refund is posted.

If you still have not received your refund after 14 calendar days, please contact us at hello@thebikescollege.org

SALES ITEMS

TBC does not offer sales goods/items refunds unless they are faulty. Please see the faulty goods/items return protocol for further details.

EXCHANGE (IF APPLICABLE)

We only replace items if they are defective or damaged. If you need to exchange an item for

the same item, please send us an email to: hello@thebikescollege.org and post your goods/items to:

THE BIKES COLLEGE, FAO RETURNS, MUSEUM STORE, COPLEY HILL, LEEDS, LS121HY, UK.

GIFTS

If the item was marked as a gift when purchased and shipped directly to you, you’ll receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be mailed/emailed to you.

If the item wasn’t marked as a gift when purchased, or the gift giver had the order shipped to their address, TBC will send a refund to the gift giver and they will find out about your return.

SHIPPING

To return your product, please mail your product to: THE BIKES COLLEGE, FAO RETURNS, MUSEUM STORE, COPLEY HILL, LEEDS, LS121HY, UK with your details and reason for returning. You will be responsible for paying for your own shipping costs for returning your item unless the item is faulty. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund. Depending on where you live, the time it may take for your exchanged product to reach you, may vary. If you are shipping an item over £50, you should consider using a trackable shipping service or purchasing shipping insurance as we cannot guarantee that we will receive your returned item.

RIGHT TO CANCEL

In addition to our Returns Policy, under the Consumer Contracts Regulations of 2014, you have the right to cancel your order up to 14 days from the day you receive your goods if you are an online, mail or telephone order customer. You then have a further 14 days from the date you notify the retailer of your cancellation to return the goods. The refund will include any standard delivery charges paid. You will be responsible for the cost of returning a cancelled order to us. We will refund to you the price paid for the items and (unless you did not pay for delivery) the delivery charges that you paid up to a maximum amount of the cost of our standard delivery option. You will be refunded to your original method of payment within 14 calendar days of our receipt of the cancelled items or, if earlier, within 14 days from the day we receive proof of return from you. If we do not receive the cancelled items back, we may arrange to collect them from you at your cost.

To exercise your right to cancel refer to the above returns and cancellations protocol.

A person is considered unable to make a specific decision if they cannot understand information about the decision to be made, cannot retain that information in their mind, cannot use or weigh that information as part of the decision-making process, or cannot communicate their decision.

A person with mental health problems who is in debt is particularly vulnerable due to their (potential):

• Lack of money management skills,
• A reliance on benefit income,
• Fluctuations in income or inability to work,
• Unmet housing, care and/or treatment needs,
• Poor communication skills,
• A relationship breakdown,

and/or others.

Assessing a person’s mental health is complex but needs to be recognised in early contact and addressed appropriately. If TBC believe a person may be vulnerable, TBC will ask 3 key questions:

1. Does their mental health affect your financial situations?
2. Does it affect their ability to deal with or communicate with us?
3. Does anyone help them to manage their finances (i.e. a family member)?

Signs TBC looks out for when identifying vulnerability in customers:

• Do they ask us to speak up or speak more slowly?
• Do they understand what we are saying, or do they miss important bits?
• Do they appear confused about what is being offered?
• Do they ask any unrelated questions?
• Do they keep wandering off the point in the discussion and talk about irrelevant things or things that don’t make sense?
• Do they keep repeating themselves?
• Do they take a long time to answer questions or say that someone else deals with these things for them?
• Do they have a language barrier?
• Do they say they don’t understand their bank statements, a previous phone conversation or recent written correspondence?

Steps we take if TBC believes a customer may be vulnerable:

• We speak slowly, clearly and explain fully,
• We are patient and empathise where appropriate,
• We don’t rush as it may sometimes take the customer time to get relevant information together such as account details,
• We keep on the subject under discussion,
• We do not make assumptions about a customer’s needs,
• We clarify understanding at every point and always ask if there is anything else he would like us to explain,
• We ask the consumer to explain to us what he understands the agreement to be,
• We offer alternative types of communication – phone, post, email, in person, etc.,
• We do not make assumptions that the person we are dealing with is sighted as he may be unable to read or understand serial numbers or account numbers,
• We do not make assumptions that the customer we are talking to can hear everything we say as he may have a hearing impairment,
• We always remember that the customer we are speaking to may sometimes be forgetful or overly trusting and believe that a sales representative is always acting in his best interest,
• We understand that some customers may be lonely and welcome the opportunity just to talk to someone,
• We give the customer time to explain his circumstances fully and don’t interrupt or appear impatient,
• We also listen for what is NOT being said, for example, lack of questions about price, lack of commitment, timing of responses, extended silences,
• We always ask if there is a better time to discuss matters as some customers may perform better at different times of the day,
• We ask if there is anyone else the customer may need to talk to before making the decision.
  

Prior to forming the contract:

• We ensure that the consumer demonstrates that they understand the decision they need to make, why they need to make it and that they understand the consequences of making, or not making that decision.
• We ask if they need to discuss the matter with anyone else, or if they would like TBC to explain anything else, or if there is anything else TBC can to help further,
• We are always prepared to repeat anything to clarify understanding,
• We do not assume that the customer fully understands all the implications of the agreement and explicitly and clearly confirm all the key features
• We suggest that they talk it through with an independent third party and offer to re-contact them; if appropriate we suggest that a third party could be present to assist them.

Post Contract:

• If TBC identifies additional communication needs, TBC stores that information so future contacts are handled appropriately with their permission,
• TBC records that TBC is satisfied that the customer completely understood everything as discussed,
• TBC allows customers to make a personal declaration about their capabilities or communication needs and TBC stores this information with their permission,
• Any records that are held are with the full knowledge and consent of the customer and are deleted when the relationship no longer exists in accordance with GDPR.

 If we identify a customer who may need specialist advice which we are unable to offer; we will refer them to, or we will seek guidance from an appropriate organisation such as:

• Stepchange,
• Money Advice Trust,
• CAB,
• Samaritans,
• Age UK,
• Alzheimers Society,
• Mind,

and/or others.

Sources of guidance we refer to:

• Equality Act 2010,
• Mental Capacity Act 2005,
• CONC 2.10 Contact with customers,
• Mental Capacity Guidance,
• Irresponsible Lending Guidance,
• MALG Consumers with mental health problems & debt,
• MALG 12 steps to treating vulnerable consumers fairly,

and/or others.

If you are not entirely happy with your recent experience, please raise a complaint by contacting our Customer Support Team on hello@thebikescollege.org  and/or on 01133455180. We aim to resolve your complaint as quickly as possible and if we are able to resolve your complaint within 7 calendar days, we will send you a final response detailing our resolution. If we are unable to provide you with a final response within 7 calendar days, we will send you a letter/email explaining the reason for delay and when we expect to issue you with a final response.