WEST LONDON CYCLING

West London and Chilterns Cycling … plus loads more

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Terms and Conditions for Goods bought through West London Cycling (The Club)

GENERAL

  1. www.westlondoncycling.com is a website operated by West London Cycling (“The Club”). West London Cycling is a not for profit, free to join cycling club run for the benefit of local cyclists and local cycling, as well as online events for the global cycling community. Whilst most activities are free of charge to participate in, the club is funded by the ‘pay to enter’ events it organises (including sales of merchandise where appropriate).
  2. The buyer (“the Buyer”) shall mean any person, sole trader, partnership, club, business, body corporate or other entity detailed in the appropriate section of the sales invoice/order form and shall include all successors, heirs and assigns. Where a person deals entirely as a consumer, their legal rights shall remain unaffected. Any reference to the Buyer within these terms and conditions shall be as a consumer buyer (‘Buyer’) unless specified as being a reference to a trade buyer.
  3. The “Goods” shall mean the items detailed in the appropriate section of the sales/order form by the buyer and it shall be a core term of the contract between The Club and the Buyer that any and all ancillary items are additional to such contract unless specifically detailed within the sales order form.
  1. The “Price” shall mean the amount payable to The Club for the Goods (The Club is not VAT Registered so VAT is not relevant) unless otherwise stated. The Buyer should note that prices quoted may vary during the shelf-life of brochures and other marketing material (upwards or downwards) and current prices are quoted at the time of order.
  2. These terms and conditions shall apply to all of The Club’s quotations, orders and contracts for the sale or supply of Goods by The Club. In respect of any sales of Goods to trade buyers, any other terms or representations, whether implied by statute, made prior to, collateral with or subsequent to the contract or order, are hereby excluded and shall not be binding upon The Club. In respect of consumer buyers, additional conditions shall only be binding upon The Club if confirmed in writing by The Club to the Buyer..
  3. The Club reserves the right to amend technical or clerical errors in any order without notice. In addition, the Buyer shall ensure that all details contained within the order are correct and we shall not accept any liability for any error or inaccuracy in any order.

THE CONTRACT

  1. After placing an internet order, the Buyer will receive an email from The Club acknowledging that The Club has received the Buyer’s order for the Goods. Please note that this does not mean that the Buyer’s order has been accepted. The Buyer’s order constitutes an offer to The Club to buy Goods. All orders are subject to acceptance by The Club, and The Club will not confirm such acceptance to the Buyer, however, if The Club has not declined the Offer with 7 days by sending the Buyer an email that confirms the non-acceptance or non-availability of the Buyer’s order, ten acceptance may be deemed to have occurred. The contract between the Buyer and The Club will only be formed at the time of the irrevocable order by The Club of goods from Third Parties.
  2. The Club The Clubually expects buyers to collect goods by arrangement or at a particular event. In instances where delivery is arranged through a third party, any non-UK deliveries will be negotiable, particularly in respect of costs, but will not be agreed at an additional cost less than the third party costs incurred by The Club plus any peripheral costs associated in relation to the delivery and reasonably incurred by The Club.

CONSUMER RIGHTS

  1. The Buyer may cancel the Buyer’s purchase from The Club for the Goods the Buyer orders at any time before the point where The Club has irrevocably ordered the goods from Third Party Suppliers. Unless otherwise specifically notified by The Club in the Buyer order response email, the Buyer does not need to give The Club any reason for cancelling the Buyer contract within the time limits noted above in these terms and conditions nor will the Buyer have to pay any penalty. In respect of goods already irrevocably ordered from Third Party Suppliers by The Club, the Buyer cannot return the goods unless they are genuinely faulty (before being used) and need to be returned to a supplier. The Buyer has no right to cancel the order after The Club has irrevocably ordered goods from Third Party Supplier or after receipt of the goods.  Orders of goods are bespoke to the Buyer, and whilst no agency exists, The Club specifically orders goods based on individual orders received by it from Buyers and, therefore, the contract is binding from the point at which The Club irrevocably orders goods from Third Parties.
  2. Under the Consumer Rights Act 2015, the Buyer has the right to return goods that are unsatisfactory quality, unfit for purpose or not as described, and get a full refund. This right is limited to 30 days from the date the Buyer took ownership of the goods and is void if the Buyer has used the goods and, intentionally or otherwise, has caused any defect of any kind. If an item is faulty before being used and needs to be returned, the Buyer does not need to pay postage costs for the return of the faulty item. If a Buyer is asked to return an item that arrived damaged, not as described or faulty, The Club will refund the total cost of the return.
  3. To cancel the Buyer’s contract the Buyer must notify The Club in writing.
  4. Once the Buyer has notified The Club that the Buyer is cancelling the Buyer’s contract, any sum debited to The Club (in respect of goods provided by) from the Buyerr debit or credit card will be re-credited to the Buyerr account as soon as possible and in any event within 30 days of the Buyer’s notification.

CANCELLATION BY THE CLUB

  1. The Club reserves the right to cancel the contract between The Club and the Buyer if:

(a) The Club has insufficient stock to deliver the Goods the Buyer has ordered; in particular where the supply of Goods by Third Party Suppliers has fallen short or failed for any reason.

(b) one or more of the Goods the Buyer ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by The Club from our suppliers; or

(c) The Club has reason to suspect that there is a risk of a fraudulent transaction.

If The Club does cancel the Buyer’s contract, The Club will notify the Buyer by email and will re-credit to the Buyer’s account any sum deducted by The Club (in respect of Goods provided by The Club from the Buyer’s debit or credit card as soon as possible but in any event within 30 days of the notification The Club will not be obliged to offer any additional compensation for disappointment suffered.

GUARANTEES

  1. All guarantees in respect of Goods are provided entirely by the manufacturers/UK importers and are subject to terms contained therein. The Buyer are reminded to complete all warranty cards/documents upon receipt of the Goods where appropriate.

TITLE

  1. Title to the Goods shall pass to the Buyer when the Goods ordered are irrevocably ordered by The Club from Third Party Suppliers or, if earlier, collected by the Buyer or by a person acting on the Buyer’s behalf. Any person acting for the Buyer at point of collection must have proof of purchase and identity. The Club cannot be held responsible for fraudulent use of the Buyer’s personal information by another party.

LIABILITY

  1. If the Goods The Club delivers are not what the Buyer ordered or are damaged or defective, The Club shall make full and best effort to correct the situation before the Buyer receives the goods.
  2. If the Buyer experiences any problems with the Goods after the Contract is formed, the Buyer is protected by the full range of English Consumer Law and our Terms and Conditions do not cancel those Consumer Rights.

THE USE OF GOODS

  1. Any advice given by The Club’s agents or servants during telephone/Internet orders is based entirely upon information provided by the Buyer and Third Party Suppliers. Where advice is given by our agents or servants, such advice shall amount to an opinion only and we shall not accept liability for any inaccuracies therein. Goods supplied are supplied only to correspond to the purpose for which Goods of that kind are commonly supplied and not for any alternative uses to which they may be put. We shall accept no liability for any failure of Goods due to any such alternative use, amendment or modification.
  2. The Buyer confirms that the Buyer shall comply with any and all rules relating to use of the Goods and fully accepts that The Club shall not be liable for any loss which results from forced, misdirected, inappropriate or unqualified installation and use of any Goods or not adequately maintained the Goods. Furthermore, we shall accept no liability for death or personal injury, unless caused directly by our own negligence.
  3. Any Goods, or parts of them, that are modified or adapted by the Buyer or any third party shall no longer be warranted by the manufacturer nor shall The Club be liable for any failures resulting from any such modification or adaptation.

COMPETITION GOODS

  1. Any Goods specified as and supplied as ‘Competition Goods’ are supplied for specialist The Clube and are subject to extreme wear and stress whilst in use. The life expectancy and durability of such Goods are greatly reduced and the Buyer should note that any claim for failure or wear shall be limited to that of the manufacturers’ guarantees. The Buyer agrees that such use shall be a relevant circumstance for the purposes of the Sale of Goods Act 1979 (as amended). In addition, any parts connected to Competition Goods may be placed under stress and the Buyer should take advice from experts prior to purchase of such parts. The Buyer should also be aware that manufacturers may limit their guarantees when parts are installed for competition use.

PAYMENT TERMS

  1. Please note that all payments are taken in full at the time of order, regardless of stock. The total price paid represents an amount to The Club for the supply of Goods.
  2. Quotations are given on the assumption that no variation in the Price will be made by the manufacturer/sole importer and that Government levies remain unaltered. In the event of such changes, the Price of any orders placed before the variation will remain the same and no further increases will be passed to the Buyer.

EVENTS BEYOND OUR CONTROL

  1. We shall accept no liability in respect of any failure to supply Goods the Buyer has ordered or any delay in doing so or for any damage or defect to Goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident, acts of God, war or actions by third parties.

THIRD PARTY RIGHTS

  1. Notwithstanding any other provisions of these terms and conditions, nothing in these terms and conditions shall confer, nor is it intended to confer, a benefit on any third party (for the purposes of the Contract (Rights of Third Parties) Act 1999 or for any other purpose).

JURISDICTION

  1. These terms and conditions shall be governed by and interpreted in accordance with English Law and industry custom and practice, and the English courts shall have exclusive jurisdiction in respect of any claims or disputes (whether contractual or non-contractual) arising therefrom.

ENTIRE AGREEMENT

  1. These terms and conditions, together with The Club’s current website prices, contact details and privacy policy, set out the whole of our agreement relating to the supply of the Goods to the Buyer by The Club. Nothing said by any sales person on The Club’s behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any Goods offered for sale by The Club. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

PRIVACY POLICY

PLEASE NOTE:

We value the Buyer’s privacy and therefore do not disclose information to third parties. Cookies are not used on this shopping site. In the event that this should ever change then the will be used only to keep track of the contents of the Buyer’s shopping cart once the Buyer has selected an item, and to store delivery addresses when the Buyer registers. Again, in the event of any change of policy, the Buyer may refuse to accept cookies by activating a setting on the Buyer’s browser, however, by selecting this setting the Buyer may be unable to access certain parts of the site. Unless the Buyer has adjusted the Buyer’s browser setting so that it will refuse cookies, the system will issue cookies when the Buyer logs on to our site.

When the Buyer pay for Goods the Buyer’s details are passed through The Club’s payment service provider system purely for payment processing and anti-fraud purposes, for the Buyer’s protection. The Club does not retain the Buyer card details.

The Club is committed to protecting the Buyer’s privacy. We will only use the information that we collect about the Buyer lawfully in accordance with Data Protection Law. We will collect any information given at the time of the ordering process only to enable The Club to input and process the Buyer’s order.

The Club retains it’s right to market future Events, Goods, and any other cycling related matters which may be construed as something expected to be of interest to the Buyer and related to Cycling Activities. This will include email and other electronic marketing and will be in line with reasonable use, as allowed by GDPR legislation. The Buyer may contact The Club and request to be removed from such marketing.

If the Buyer wishes to contact The Club regarding our privacy policy please contact The Club.

ACCURACY

  1. All orders the Buyer places on The Club’s website will be subject to The Club’s acceptance in accordance with these terms and conditions.
  2. Acceptance of the Buyer’s order and the completion of contract between the Buyer and The Club will take place when the irrevocable order for the Goods has been made by The Club to Third Party Suppliers, unless The Club has notified the Buyer that it does not accept the Buyer’s order or the Buyer have cancelled it within the time limits imposed within these Terms and Conditions.
  3. Please note the Price the Buyer pays for Goods supplied by The Club, is the price displayed on The Club’s website at the time The Club receives the Buyer’s order, apart from the following exception:

Whilst we try and ensure all prices on our website are accurate, errors may occur. Should The Club discover an error in the Price of Goods the Buyer have ordered The Club will inform the Buyer as soon as possible. At this time The Club would give the Buyer the option of reconfirming the Buyer’s order at the correct price or cancelling it with monies paid refunded. If The Club is unable to contact the Buyer, The Club will treat the order as cancelled.