Terms
& Conditions
This page
(together with the documents referred to on it) tells you the terms and
conditions on which we supply any of the products to you (Products) listed in
our publications/information sent from us or on our website www.nipponebikes.co.uk
and or www.shop.nipponebikes.co.uk (our site/s). Please read these terms and
conditions carefully before ordering any Products from us. You should
understand that by ordering any of our Products, you agree to be bound by these
terms and conditions.
1. INFORMATION ABOUT US
1.1 We are NIPPON EBIKES LIMITED. We are company
number 13837678 registered in England & Wales. Our registered office is
at Charter House, 161 Newhall
Street, Birmingham, West Midlands, United Kingdom, B3 1SW.
2. YOUR STATUS
By placing an order via telephone or through our
site, you warrant that:
You are legally capable of entering into binding
agreements and/or that you are eligible to act for the company you are ordering
for/signing on behalf of.
3. HOW THE AGREEMENT IS FORMED BETWEEN YOU AND
US
You may place your order via telephone or via
our on-line ecommerce site. Please note that this does not mean that your order
has been accepted. Your order constitutes an offer to us to buy a Product. All
orders are subject to acceptance by us. The agreement between us (Agreement)
will only be formed when we send you the goods.
4. AVAILABILITY AND DELIVERY
Your order will normally be fulfilled within 7-10
working days of the date of the order being placed (except for public holidays)
unless we inform you otherwise, if you have ordered a custom build or there are
exceptional circumstances.
5. RISK AND TITLE
Ownership of the Products will only pass to you
when we receive full payment of all sums due in respect of the Products,
including any applicable delivery charges (see clause 7 below).
6. PRICE AND PAYMENT
6.1 The price of the Products and our delivery
charges will be as quoted, except in cases of obvious error.
6.2 Unless stated, product prices and/or
delivery charges exclude VAT.
6.3 Product prices and delivery charges are
liable to change at any time, but changes will not affect orders already
placed.
6.4 It is always possible that, despite our best
efforts, some of the Products listed may be incorrectly priced. We will
normally verify prices as part of our sales procedures. If a Product’s correct
price is higher than the price stated on our site, we will normally, at our
discretion, either contact you for instructions before dispatching the Product,
or reject your order and notify you of such rejection.
6.5 We are under no obligation to provide the
Product to you at the incorrect (lower) price, even after you have received the
goods, if the pricing error is obvious and unmistakeable and could have
reasonably been recognised by you as an error.
6.6 Payment for all Products must be made before
goods are dispatched. If you choose to pay using Klarna, your first Financing payment will be due one month after the
store processes your order and then monthly thereafter on the same date each
month until your statement is fully paid – Finance is only available to
permanent UK residents aged 18+, subject to status T&Cs apply. https://www.klarna.com/uk/terms-and-conditions/.
Late or missing repayments may have serious consequences for you and cause you
serious money problems.
6.7 For all custom bikes and ‘specials’ you will
be required to sign an order form. This constitutes your commitment to buy
these items and you are wholly responsible for checking all aspects of the
order to ensure there are no mistakes. These items are non-refundable and
cannot be amended or cancelled once this order form has been signed, orders
without a signed order form will not be processed.
7. DELIVERY AND DELIVERY CHARGES
7.1 We aim to despatch the Products from our
showroom or from our third party supplier within 7-10 working days of receiving
your order, subject to the availability of the Product(s) in question.
7.2 We offer free delivery on orders over £1,000
(ex. VAT) but this may be withdrawn at any time and may not apply where the
Product(s) in your order are heavy, of an irregular shape or require a
particular level of care on the part the carrier. All orders placed under the
value of £1,000 (ex VAT) will be charged at our standard rate of £7.00 + VAT.
Where an additional delivery charge is required particularly in the case of
heavy items, we will contact you to inform you and, subsequently, confirm the
total delivery charge prior to order.
8. OUR SHORTAGES/PICKING ERRORS AND RETURNS
POLICY
Shortages/Picking Errors - Please check your
entire order against your delivery note upon receipt. Any missing/incorrect
items MUST be reported within 24 hours of delivery for us to rectify this with
our suppliers at no additional cost to you. Failure to notify us of a
shortage/picking error within this period may result in a further charge for
the item.
Returns - If you return a Product to us because
you consider that the Product is defective, we will examine the returned
Product and we will process the credit due to you. Returns will only be
accepted if returned within 10 working days of delivery, and in a resealable
condition and in its original packaging (unless faulty). Failure to notify us
of a return within this period may result in a re-stocking fee/full charge for
the item.
9. WARRANTY
We warrant to you that any Product purchased
from us will, on delivery, conform in all material respects with its
description, be of satisfactory quality, and be reasonably fit for all the
purposes for which products of that kind are commonly supplied.
10. OUR LIABILITY
10.1 If we fail to comply with these terms and
conditions, we shall only be liable to you for the purchase price of the
Products and not for any matters that occur because of our failure to comply
with the terms and conditions.
11. WRITTEN COMMUNICATIONS
Applicable laws require that some of the
information or communications we send to you should be in writing. When using
our services, you accept that communication with us will be mainly electronic.
For agreement purposes, you agree to this electronic means of communication and
you acknowledge that all agreements, notices, information, and other
communications that we provide to you electronically comply with any legal
requirement that such communications be in writing.
12. EVENTS OUTSIDE OUR CONTROL
12.1 We will not be liable or responsible for
any failure to perform, or delay in performance of, any of our obligations
under the Agreement that is caused by events outside our reasonable control
(Force Majeure Event).
12.2 A Force Majeure Event includes any act,
event, non-happening, omission or accident beyond our reasonable control and
includes in particular (without limitation) the following: strikes, lock-outs
or other industrial action; civil commotion, riot, invasion, terrorist attack
or threat of terrorist attack, war (whether declared or not) or threat or
preparation for war; fire, explosion, storm, flood, earthquake, subsidence,
epidemic or other natural disaster; impossibility of the use of railways,
shipping, aircraft, motor transport or other means of public or private
transport; impossibility of the use of public or private telecommunications
networks; and the acts, decrees, legislation, regulations or restrictions of
any government.
12.3 Our performance under any Agreement is
deemed to be suspended for the period that the Force Majeure Event continues,
and we will have an extension of time for performance for the duration of that
period. We will use our reasonable endeavours to bring the Force Majeure Event
to a close or to find a solution by which our obligations under the Agreement
may be performed despite the Force Majeure Event.
13. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
13.1 We have the right to revise and amend these
terms and conditions from time to time.
13.2 You will be subject to the policies and
terms and conditions in force at the time that you order products from us,
unless any change to those policies or these terms and conditions is required
to be made by law or governmental authority (in which case it will apply to
orders previously placed by you), or if we notify you of the change to those
policies or these terms and conditions. |