Terms & Conditions
Austin Cycles Ltd is a company registered in England and Wales under company number 10786157 and its registered office is at 7 Union Street, Newton Abbot, Devon TQ12 2JX, United Kingdom. We sell and supply bicycles and bicycle equipment, clothing and accessories in the course of our trade and business.
The buyer ("you") shall mean any person, sole trader, partnership, 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 you within these terms and conditions shall be as a consumer buyer unless specified as being a reference to a trade buyer.
The "Goods" shall mean the items detailed in the appropriate section of the sales/order form and it shall be a core term of the contract between us that any and all ancillary items are additional to such contract unless specifically detailed within the sales invoice/order form.
All our bicycles are special order, meaning they are built to the buyers specification, and payment is taken in full at the time of order, unless otherwise agreed between the Buyer and Austin Cycles Ltd. In addition, Austin Cycles accessories are bespoke items, manufactured to operate only with other Austin Cycles products. Due to the special order nature of the Goods which have been specifically made and ordered for the Buyer, the Goods are not returnable unless defective upon delivery.
The "Price" shall mean the amount payable to Austin Cycles Ltd for the Goods plus VAT, and the amount paid to the delivery service provider for the supply of delivery services unless otherwise stated. You should note that prices quoted may vary during the currency of brochures (upwards or downwards) and current prices are quoted at the time of order.
For orders placed by customers residing within the EU, prices include VAT charged at the rate applicable from time to time. VAT does not apply to orders that are to be shipped outside the EU or to the Channel Islands. All Goods, however, delivered to Jersey above a certain value (including delivery costs levied by a third party delivery service provider), will be subject to a 'Goods and Service Tax' ("GST") depending on the value of the Goods. It is your responsibility to pay this GST. If the GST is not paid, the delivery service providers will be unable to deliver the Goods. Please note that local tax and customs duty may apply. For full details please consult your local Customs office.
These terms and conditions shall apply to all of our quotations, orders (including telephone orders) and contracts for the sale or supply of Goods by Austin Cycles Ltd. 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 us. In respect of consumer buyers, additional conditions shall only be binding upon us if confirmed in writing by us to you.
We reserve the right to amend technical or clerical errors in any order without notice. In addition, you 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.
All guarantees in respect of Goods are provided entirely by the manufacturers/UK importers and are subject to terms contained therein. Unless stated otherwise, Austin Cycles Ltd carbon framesets are guaranteed for a period of two years from purchase and carbon wheel sets for a period of 12 months. This presumes far usage of the framsets and wheels; over-tightening of bolts or seat clamps, which cause a failure of these items are specifically excluded from any warranty. The respective manufacturer warrants all other non-Austin Cycles Ltd branded components.
Title to the Goods shall pass to you when the Goods ordered are collected on your behalf by the delivery service provider and leave our workshop. In the event that sums owing in respect of other Goods ordered within a single order remain due, we shall apportion the sums owing for such Goods without prejudice to our right to retain title in respect of all Goods ordered.
Austin Cycles Ltd do not supply delivery services in respect of Goods sold to non-UK resident customers. If you require your Goods to be delivered to you, we will arrange delivery on your behalf with third party delivery service providers. Any amounts we receive from you in respect of delivery charges will be passed on to the third party delivery service providers used. If you want to you use your own delivery contractor you must notify us at the time of placing your order. If requested to arrange delivery of your Goods, we will arrange for the Goods ordered by you to be delivered to the address you specify for delivery at the time you make your order.
For orders placed by and delivered to customers resident in the EU, but outside the UK, we will arrange delivery of your Goods on your behalf with third party delivery service providers. Any amounts we receive from you in respect of delivery charges will be collected on behalf of the delivery service provider and remitted to them.
For orders placed by and delivered to customers resident in the UK, we will arrange standard delivery of your Goods on your behalf by ourselves or with third a party delivery service provider.
Once Goods have been delivered to you or your agent, they will be held at your own risk and we will not be liable for their loss or destruction.
You must notify us in writing of any shortage, mis-delivery or other discrepancy in any Goods ordered immediately, or at the latest within five working days of such shortage, mis-delivery or other discrepancy, thereafter you shall be liable for any such shortage, mis-delivery or other discrepancy. Where we have arranged delivery on your behalf with a third party delivery service provider, any claims for loss or damage in transit should be made directly to the delivery service provider. We will assist you in making any such claim, or alternatively we can deal with such claim on your behalf, at your reasonable cost. You should retain all packaging in the event of a claim or return within the terms of these terms and conditions.
If your delivery address is outside of the EU, you may be required to pay import duties and taxes when your order reaches your country. These and any additional charges for customs clearance are your responsibility.
If the Goods we deliver are not what you ordered or are damaged or defective, we shall have no liability to you unless you notify us in writing at our head office (as set out above) or via email of the problem within ten working days of the delivery of the Goods in question.
If any Goods are alleged to be damaged or defective, you must return such Goods to us for inspection and report (without any obligation on us to replace the said Goods prior to such inspection). You further confirm that it shall be reasonable for us to inspect, repair or replace (at our option) such defective Goods and allow manufacturers to undertake inspections so as to allow production methods to be modified. You further accept that it is reasonable to inform us of any interruption, defect or other failure prior to contacting independent third parties or incurring expense and to allow us to remedy the defect, failure or interruption.
If you notify a problem to us, our only obligation will be, at our option:
- To replace or repair any Goods that are damaged or defective; or
- To refund to you the amount paid by you for the Goods in question in whatever way we choose.
Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under these terms and conditions and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the Goods in question.
You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase Goods from our site. We make no representation and accept no liability in respect of the export or import of the Goods you purchase.
Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
INSTALLATION AND USE OF GOODS
Any advice given by our agents or servants during telephone/mail/online orders is based entirely upon information provided by you. Where advice is given after visual inspection 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.
You confirm that you shall comply with any and all rules relating to installation of the Goods and fully accept that we shall not be liable for any loss that results from forced, misdirected, inappropriate or unqualified installation 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.
Any Goods, or parts of them, that are modified or adapted by you or any third party shall no longer be warranted by the manufacturer nor shall we be liable for any failures resulting from any such modification or adaptation.
Any Goods specified as and supplied as 'Competition Goods' are supplied for specialist use and are subject to extreme wear and stress whilst in use. The life expectancy and durability of such Goods are greatly reduced and you should note that any claim for failure or wear shall be limited to that of the manufacturers' guarantees. You agree 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 you should take advice from experts prior to purchase of such parts. You should also be aware that manufacturers may limit their guarantees when parts are installed for competition use.
Please note that all telephone or online order payments are taken in full at the time of order, regardless of stock. The total price paid represents an amount to us for the supply of Goods, and an amount collected by us on behalf of the delivery service provider for the supply of delivery services.
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 you.
All our bicycles are special order, meaning they are built to the buyers specification, and payment is taken in full at the time of order, unless otherwise agreed between the Buyer and Austin Cycles Ltd. Due to the special order nature of the Goods which have been specifically made and ordered for the Buyer, the Goods are not returnable unless defective upon delivery.
EVENTS BEYOND OUR CONTROL
We shall accept no liability in respect of any failure to deliver Goods you have 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, manufacturer delays, 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. A delay to the delivery of Goods, caused by events beyond our control, shall not give or infer you any right to cancel an order.
THIRD PARTY RIGHTS
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).
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 there from.
All specifications are advised by the manufacturer, however these can be subject to change by the manufacturer at any time, without prior warning