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Format of the Contract
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These terms of sale apply to all goods
supplied by the supplier, John Howard,
trading as BikeBreaker.Org 15 Beckless
Cottages, Beckless Farm, Brook Lane,
Hambledon, Hampshire, PO7 4TF.
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ii. No contract exists between you and the
Supplier for the sale of any goods until the
Supplier has received and accepted your
order.
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iii. An acceptance of your offer to buy the
goods will be sent shortly after your order.
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iv. However, we do have the right to
terminate the contract in the event that the
goods are unavailable, mis-priced or cleared
funds are not received.
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v. The contract is subject to your right of
cancellation (see below).
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vi. The Supplier may change these terms of
sale without notice to you in relation to
future sales.
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Description and price of the goods
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i. The description and price of the goods
you order will be as shown on the Supplier's
website at the time you place your order.
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ii. The goods are subject to availability.
If on receipt of your order the goods you
have ordered are not available in stock we
will not accept your order. If after
acceptance or your order the Supplier
discovers within [14 days] of our acceptance
that the goods are unavailable we may
terminate the contract and refund or
re-credit you for any sum that has been paid
by you or debited from your credit card for
the goods.
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iii. Every effort is made to ensure that
prices shown on the Supplier's website are
accurate at the time you place your order.
If an error is found within 14 days of
accepting your order, the Supplier will
inform you as soon as possible and offer you
the option of reconfirming your order at the
correct price, or cancelling your order. If
the Supplier does not receive an order
confirmation within 14 days of informing you
of the error, the order will be cancelled
automatically. If you cancel the order, or
if the order is cancelled automatically due
to the expiry of the 14 day period, the
Supplier will refund or re-credit you for
any sum that has been paid by you or debited
from your credit card for the goods.
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iv. In addition to the price, you may be
required to pay a delivery charge for the
goods.
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Payment
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i. Payment for the goods and delivery
charges can be made by any method shown on
the Supplier's website at the time you place
your order. Payment shall be due before the
delivery date and time for payment shall be
a fundamental term of this agreement, breach
of which shall entitle the Supplier to
terminate the contract immediately.
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ii. There will be no delivery until cleared
funds are received.
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iii. Payments shall be made by you without
any deduction whatsoever unless you have a
valid court order requiring an amount equal
to such deduction to be paid by the Supplier
to you.
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Delivery
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i. The goods you order will be delivered to
the address you give when you place your
order. We will only deliver goods via the
website to UK addresses.
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ii. If delivery cannot be made to your
address for reasons under the Supplier's
control the Supplier will inform you as soon
as possible.
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iii. If you deliberately fail to take
delivery of the goods (otherwise than by
reason of circumstances under control of the
Supplier) then without prejudice to any
other right or remedy available to the
Supplier , the Supplier may: a. store the
goods until actual delivery and charge you
for reasonable costs (including insurance)
of storage; or b. sell the goods at the best
readily obtainable price and (after
deducting all reasonable storage and selling
expenses) account to you for any excess over
the price you agreed to pay for the goods or
charge you for any shortfall below the price
you agreed to pay for the goods.
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iv. If you fail to take delivery because you
have cancelled your contract under the
Distance Selling Regulations the Supplier
shall refund or re-credit you within 30 days
for any sum that has been paid by you or
debited from your credit card for the goods.
On exercising your right to cancel you shall
be required to return the goods to the
Supplier. Should you fail to return the
goods, the Supplier reserves the right to
deduct any direct costs incurred by the
Supplier in retrieving the goods as a result
of such failure.
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v. Every effort will be made to deliver the
goods as soon as possible after your order
has been accepted. However, the Supplier
will not be liable for any loss or damage
suffered by you through reasonable or
unavoidable delay in delivery. In this case,
the Supplier will inform you as soon as
possible.
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vi. Upon receipt of your order you will be
asked to sign for the goods received in good
condition. If the package does not appear to
be in good condition then please refuse the
delivery. If you are unable to check the
contents of your delivery at the point of
delivery then please sign for the parcel as
"UNCHECKED". Failure to do so may affect any
warranty claims that you make thereafter.
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Risk/Title
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i. The goods are at your risk from the time
of delivery.
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ii. Ownership of the
goods shall not pass to you until the
Supplier has received in full (in cash or
cleared funds) all sums due to it in respect
of:
a. the goods, and
b. all other sums
which are or which become due to the
Supplier from you on any account.
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iii. The Supplier shall be entitled to
recover payment for the goods even though
ownership of any of the goods has not passed
from the Supplier.
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Title for Business Customers
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i.If you are a
business customer until ownership of the
goods has passed to you, you must:
a. store the goods (at
no cost to the Supplier) separately from all
your other goods and goods of any third
party in such a way that they remain readily
identifiable as the Supplier's property;
b. not destroy, deface
or obscure any identifying mark or packaging
on or relating to the goods; maintain the
goods in satisfactory condition and keep
them insured on the Supplier's behalf for
their full price against all risks to the
reasonable satisfaction of the Supplier. On
request you shall produce the policy of
insurance to the Supplier; and
c. hold the proceeds
of the insurance referred to in condition
(b) on trust for the Supplier and not mix
them with any other money, nor pay the
proceeds into an overdrawn bank account.
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ii. If you are a
business customer your right to possession
of the goods shall terminate immediately if:
b. you have a
bankruptcy order made against you or make an
arrangement or composition with your
creditors, or otherwise take the benefit of
any statutory provision for the time being
in force for the relief of insolvent
debtors, or (being a body corporate) convene
a meeting of creditors (whether formal or
informal), or enter into liquidation
(whether voluntary or compulsory) except a
solvent voluntary liquidation for the
purpose only of reconstruction or
amalgamation, or have a receiver and/or
manager, administrator or administrative
receiver appointed of its undertaking or any
part thereof, or a resolution is passed or a
petition presented to any court for your
winding up or for the grant-ing of an
administration order in respect of you, or
any proceedings are commenced relating to
your insolvency or possible insolvency; or
c. you suffer or allow
any execution, whether legal or equitable,
to be levied on your property or obtained
against you or you are unable to pay your
debts within the meaning of section 123 of
the Insolvency Act 1986 or you cease to
trade; or
d. you encumber or in
any way charge any of the goods.
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Your right of cancellation
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i. You have the right to cancel the contract
at any time up to 7 days after you receive
the goods (see below). Please note that this
policy has some limitations and does not
apply to business customers.
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ii. To exercise your right of cancellation,
you must give written notice to the Supplier
by hand, post or e-mail, giving details of
the goods ordered and (where appropriate)
their delivery. Notification by phone is not
sufficient.
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iii. Except in the case of faulty or mis-described
goods, if you exercise your right of
cancellation after the goods have been
delivered to you, you will be responsible
for returning the goods to the Supplier at
your own cost. The goods must be returned to
the address shown within the Contact Us
section of the website. You must take
reasonable care to ensure the goods are not
damaged in the meantime or in transit. In
the case of faulty or misdescribed goods we
shall, after receiving notification in
accordance with clause 8.i or 8.ii, send you
the parts required to repair the item. For
significant problems we will collect the
goods from you or ask you to return the
goods yourself and possibly refund you the
reasonable postage costs.
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iv. Once you have notified the Supplier that
you are cancelling the contract, the
Supplier will refund or re-credit you within
30 days for any sum that has been paid by
you or debited from your credit card for the
goods.
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v. Except in the case of faulty or
misdescribed goods, if you do not return the
goods as required, the Supplier may charge
you a sum not exceeding the direct costs of
recovering the goods.
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vi. You do not have the right to cancel the
contract if the order is for computer
software, CD or DVD Media which has been
unsealed by you, or for consumable goods
which, by their nature, cannot be returned,
save where a fault is discovered which could
not have been discovered otherwise than by
unsealing the goods.
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vii. Goods which have been incorrectly
ordered by the consumer may be returned
within 7 days subject to a 15% restocking
fee. This does NOT include goods stated in
section (vi) - Your right of cancellation.
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Warranty
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i. All goods supplied by the Supplier are
warranted free from defects for 1 month from
the date of supply (unless otherwise
stated). This warranty does not affect your
statutory rights as a consumer.
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ii. This warranty does not apply to any
defect in the goods arising from fair wear
and tear, willful damage, accident,
negligence by you or any third party, use
otherwise than as recommended by the
Supplier, failure to follow the Supplier's
instructions, or any alteration or repair
carried out without the Supplier's approval.
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iii. If the goods supplied to you are
damaged on delivery, you should notify the
Supplier in writing via e-mail within 7
working days. (Please note that this is
48hrs for our business customers)
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iv. If the goods supplied to you develop a
defect while under warranty or you have any
other complaint about the goods, you should
notify the Supplier in writing via e-mail,
as soon as possible, but in any event within
14 days of the date you discovered or ought
to have discovered the damage, defect or
complaint.
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v. If you wish to return the goods for
inspection, repair of cancellation then you
will be responsible for returning the goods
to the Supplier at your own cost .
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Limitation of Liability
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i. Subject to (ii)
below, if you are a consumer the Supplier
shall not be liable to you for any loss or
damage in circumstances where:
a. there is no breach
of a legal duty owed to you by the Supplier
or by its employees or agents;
b. such loss or damage
is not a reasonably foreseeable result of
any such breach;
c. any increase in
loss or damage resulting from breach by you
of any term of this contract.
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ii. Nothing in these conditions excludes or
limits the liability of the Supplier for
death or personal injury caused by the
Supplier's negligence or fraudulent
misrepresentation.
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iii. If you are a business customer the
Supplier shall not be liable to you for any
indirect or consequential loss or damage
(whether for loss of profit, loss of
business, depletion of goodwill or
otherwise), costs, expenses or other claims
for consequential compensation whatsoever
(howsoever caused) which arise out of or in
connection with this agreement.
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Data Protection
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Images
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Product images are
for illustrative purposes only and may
differ from the actual product.
These terms of sale
and the supply of the goods will be subject
to English law and the English courts will
have jurisdiction in respect of any dispute
arising from the contract, save that
consumers resident in Scotland shall have
the right to insist upon these terms being
construed in accordance with the laws of
Scotland and to submit to the jurisdiction
of Scottish courts.
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