Services Terms and Conditions

Please read all these Terms and Conditions.

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about any aspect of these Terms and Conditions, please phone Vulpine Bikes on 07791 345612.

Application

1.          These terms and conditions will apply to the purchase of the services and goods by you (the Customer or you).

2.          We are Vulpine Bikes, a company registered in England and Wales under number 14911583 whose registered office is at Scott House, Clarke Street, Poulton-le-Fylde, Lancashire, FY6 8JW with email address hello@vulpinebikes.co.uk and telephone number 07791 345612 (the Supplier or us or we).

3.          These are the terms on which we sell all Services to you. By ordering any of the Services, you agree to be bound by these terms and conditions.

Interpretation

4.          Consumer means an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession;

5.          Contract means the legally binding agreement between you and us for the supply of the Services;

6.          Delivery Location means the Supplier's premises or other location where the Services are to be supplied, as set out in the Order;

7.          Goods means any goods that we supply to you with the Services, of the number and description as set out in the Order;

8.          Order means the customer's order for the Services from the Supplier as set out in the customer's order or in the customer's written acceptance of the Supplier's quotation;

9.          Services means the services, including any Goods, of the number and description set out in the Order. By way of confirmation, the Order may be written or verbal.

Services

10.       The description of the Services and any Goods is as set out in our website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in size or colour of any Goods supplied.

11.       In the case of Services and any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.

12.       All Services are subject to availability.

13.       We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

Customer Responsibilities

14.       You must cooperate with us in all matters relating to the Services, provide us and our authorised employees and representatives with access to any premises under your control as required, provide us with all information required to perform the Services and obtain any necessary licences and consents (unless otherwise agreed).

15.       Failure to comply with the above is a customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the contract with immediate effect on written notice to you.

Service Levels

16.       We will use reasonable endeavours to ensure that the Services are available to you at the agreed upon times. However, we do not guarantee that the Services will be available uninterrupted or free from defects.

17.       Our customer support team is available to assist you from 9am to 5pm, Tuesday to Sunday. We aim to respond to all queries within 24 hours during business hours.

18.       We are committed to providing high-quality Services. If you are dissatisfied with the service provided, please contact our customer support team, and we will endeavour to resolve the issue promptly.

19.       We may need to perform scheduled maintenance on our Services. We will notify you in advance of any scheduled maintenance periods during which the Services may be unavailable.

20.       In the event of unscheduled downtime, we will work to restore Services as quickly as possible. We will keep you informed of the status and expected resolution time.

Basis of Sale

21.       The description of the Services and any Goods in our website, catalogues, brochures or other form of advertisement does not constitute a contractual offer to sell the Services or Goods.

22.       When an Order has been made, we can reject it for any reason, although we will try to tell you the reason without delay.

23.       A contract will be formed for the Services ordered, only upon the Supplier sending an email or WhatsApp message to the customer saying that the Order has been accepted or, if earlier, the Supplier's delivery of the Services to the customer.

24.       Any quotation or estimate of Fees (as defined below) is valid for a maximum period of 10 days from its date, unless we expressly withdraw it at an earlier time.

25.       No variation of the contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the customer and the Supplier in writing.

26.       We intend that these Terms and conditions apply only to a contract entered into by you as a consumer where we, the Supplier and you the customer, enter the contract at any of the Supplier's business premises, and where the contract is not a contract (i) for which an offer was made by the 4ustomer in the Supplier's and the customer's simultaneous physical presence away from those premises, or (ii) made immediately after the customer was personally and individually addressed in the Supplier's and the customer's simultaneous physical presence away from those premises. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate to you and which might, in some way, be better for you, e.g. by giving cancellation rights pursuant to consumer protection law. Business premises means immovable retail premises where we carry on business on a permanent basis or, in the case of movable retail premises, on a usual basis.

Fees and Payment

27.       The fees (Fees) for the Services, the price of any Goods (if not included in the Fees) and any additional delivery or other charges is that set out in our price list current at the date of the Order or such other price as we may agree in writing. Prices for Services may be calculated on a fixed fee or on a standard rate basis.

28.       Fees and charges include VAT at the rate applicable at the time of the Order.

29.       Payment for Services must be made within 14 days of invoice. You must pay in cash or by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Services.

Delivery

30.       We will deliver the Services, including any Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement:

a.          in the case of Services, within a reasonable time; and

b.          in the case of Goods, without undue delay and, in any event, not more than 30 calendar days from the day on which the contract is entered into.

31.       In any case, regardless of events beyond our control, if we do not deliver the Services on time, you can require us to reduce the Fees or charges by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount). The amount of the reduction can, where appropriate, be up to the full amount of the Fees or charges.

32.       In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the contract at an end if:

a.          we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the contract was made, or you said to us before the contract was made that delivery on time was essential; or

b.          after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances, and we have not delivered within that period.

33.       If you treat the contract at an end, we will (in addition to other remedies) promptly return all payments made under the contract.

34.       If you were entitled to treat the contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them or allow us to collect them from you and we will pay the costs of this.

35.       If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.

36.       We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and the 4hannels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.

37.       You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.

38.       If you or your nominee fail, through no fault of ours, to take delivery of the Services at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.

39.       The Goods will become your responsibility from the completion of delivery for customer collection. You must, if reasonably practicable, examine the Goods before accepting them.

Risk and Title

40.       Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.

41.       You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.

Withdrawal and Cancellation

42.       You can withdraw the Order by telling us before the contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.

43.       You can cancel the contract except for any Goods which are made to your special requirements by telling us no later than 14 calendar days from the day the contract was entered into. If you simply wish to change your mind and without giving us a reason, and without liability, except in that case, you must return to any of our business premises the Goods in undamaged condition at your own expense. Then we must without delay refund to you the price for those Goods and Services which have been paid for in advance, but we can retain any separate delivery charge. This does not affect your rights when the reason for the cancellation is any defective Goods or Services.

Conformity and Guarantee

44.       We have a legal duty to supply the Goods in conformity with the contract and will not have conformed if it does not meet the following obligation.

45.       Upon delivery, the Goods will:

a.          be of satisfactory quality;

b.          be reasonably fit for any particular purpose for which you buy the Goods which, before the contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the contract; and

c.          conform to their description.

46.       It is not a failure to conform if the failure has its origin in your materials.

47.       We will supply the Services with reasonable skill and care.

48.       We will immediately, or within a reasonable time, give you the benefit of the free guarantee given by the manufacturer of the Goods. Details of the guarantee, including the name and address of the manufacturer, the duration and territorial scope of the guarantee, are set out in the manufacturer's guarantee provided with the Goods. This guarantee will take effect at the time the Goods are delivered and will not reduce your legal rights.

49.       In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Services, is a term of the contract (which we must comply with) if you take it into account when deciding to enter this contract, or when making any decision about the Services after entering into this contract. Anything you take into account is subject to anything that qualified it and was said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this contract or later).

Duration, Termination and Suspension

50.       The contract continues as long as it takes us to perform the Services.

51.       Either you or we may terminate the contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:

a.          commits a serious breach, or series of breaches resulting in a serious breach, of the contract and the breach either cannot be fixed or is not fixed within 3O days of the written notice; or

b.          is subject to any step towards its bankruptcy or liquidation.

52.       On termination of the contract for any reason, any of our respective remaining rights and liabilities will not be affected.

Intellectual Property Rights

53.       All intellectual property rights in the Goods and Services, including but not limited to designs, software, graphics, and technology, are owned by or licensed to us. You do not acquire any ownership rights by using the Services.

54.       We grant you a limited, non-exclusive, non-transferable licence to use the Services for personal, non-commercial purposes. This licence is subject to compliance with these terms and conditions.

55.       You may not copy, reproduce, modify, distribute, transmit, display, perform, publish, or create derivative works from any part of the Services without our prior written consent.

56.       Any feedback, suggestions, or ideas you provide regarding the Services are non-confidential and become our sole property. We may use such feedback for any purpose without compensation to you.

57.       The Services may include content provided by third parties. All rights to such content are retained by the original owners, and you may need to comply with additional terms and conditions provided by those third parties.

Privacy

58.       Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.

59.       These Terms and conditions should be read alongside, and are in addition to our policies, including our Privacy Policy and Cookies Policy which can be found in the 'Policies' page of our website.

60.       For the purposes of these Terms and conditions:

a.          'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.

b.          'GDPR' means the UK General Data Protection Regulation.

c.          'Data controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.

61.       We are a Data controller of the Personal Data we Process in providing the Services and Goods to you.

62.       Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process that Personal Data in the course of providing the Services and Goods to you, we will comply with our obligations imposed by the Data Protection Laws:

a.          before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;

b.          we will only Process Personal Data for the purposes identified;

c.          we will respect your rights in relation to your Personal Data; and

d.          we will implement technical and organisational measures to ensure your Personal Data is secure.

63.       For any enquiries or complaints regarding data privacy, you can email: hello@vulpinebikes.co.uk.

Successors and Our Sub-contractors

64.       Either party can transfer the benefit of this contract to someone else and will remain liable to the other for its obligations under the contract. The Supplier will be liable for the acts of any subcontractors who it chooses to help perform its duties.

Circumstances Beyond the Control of Either Party

65.       We will not be liable for any failure or delay in providing the Services if such failure or delay is caused by circumstances beyond our reasonable control. These circumstances include, but are not limited to, acts of God, natural disasters, war, civil unrest, terrorism, labour disputes, governmental actions, pandemics, and interruptions in power or communications.

66.       If a force majeure event occurs, we will notify you as soon as reasonably possible. We will also inform you of the steps we are taking to mitigate the impact of the event on the availability of the Services.

67.       During the period in which a force majeure event is occurring, our obligations under these terms and conditions will be suspended to the extent that they are affected by the event. We will resume the performance of our obligations as soon as reasonably possible after the event has ended.

68.       If a force majeure event continues for a period of 30 days or more, either party may terminate the agreement by giving written notice to the other party. Any pre-paid fees for the Services not provided due to the force majeure event will be refunded on a pro-rata basis.

Excluding Liability

69.       We do not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the contract was made, or (ii) loss (e.g. loss of profit) to your business, trade, craft or profession which would not be suffered by a consumer - because we believe you are not buying the Services and Goods wholly or mainly for your business, trade, craft or profession.

Governing Law, Jurisdiction and Complaints

70.       The Contract (including any non-contractual matters) is governed by the law of England and Wales.

71.       Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the customer lives in Scotland or Northern Ireland, in the courts of Scotland or Northern Ireland respectively.

72.       We try to avoid any dispute, so we deal with complaints as follows: If a customer is unsatisfied with the services, we have provided they should contact us within 10 days of delivery so we can discuss potential solutions.