Bike Systems is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
Bike Systems may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 1st November 2013.
WHAT WE COLLECT
We may collect the following information:
• name and job title
• contact information including email address
• demographic information such as postcode, preferences and interests
• other information relevant to customer surveys and/or offers
WHAT WE DO WITH THE INFORMATION WE GATHER
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
• Internal record keeping.
• We may use the information to improve our products and services.
• We may periodically send promotional email about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
• From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail.
• We may use the information to customise the website according to your interests.
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
LINKS TO OTHER WEBSITES
Our website may contain links to enable you to visit other websites of interest easily. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
CONTROLLING YOUR PERSONAL INFORMATION
You may choose to restrict the collection or use of your personal information in the following ways:
• whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
• if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us.
We will not sell, distribute or lease your personal information to third parties.
You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to Bike Systems, Unit 25, Chatterley Whitfield Enterprise Centre, Stoke on Trent, ST6 8UW.
If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.
TERMS AND CONDITIONS OF WEBSITE USAGE
The term “Bike Systems” or “us” or “we” refers to the owner of the website whose registered office is [address]. The term “you” refers to the user or viewer of our website.
• The content of the pages of this website is for your general information and use only. It is subject to change without notice.
• Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
• Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
• This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
• All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
• Unauthorised use of this website may give to a claim for damages and/or be a criminal offence.
• From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
• You may not create a link to this website from another website or document without Bike Systems prior written consent.
• Your use of this website and any dispute arising out of such use of the website is subject to the laws of England and Wales.
TERMS AND CONDITIONS OF SALE FOR BIKE SYSTEM PRODUCTS AND SERVICES.
1. FORMAT OF THE CONTRACT
o i. These terms of sale apply to all goods supplied by the supplier, Bike Systems Unit 25, Chatterley Whitfield Enterprise Centre, Stoke on Trent, Staffordshire, ST6 8UW.
o ii. No contract exists between you and the Supplier for the sale of any goods until the Supplier has received and accepted your order.
o iii. An acceptance of your offer to buy the goods will be sent shortly after your order.
o iv. However, we do have the right to terminate the contract in the event that:-
1. The goods are not shipped within 28 days of receipt of order.
2. Cleared funds are not received.
o v. The contract is subject to your right of cancellation (see below).
o vi. The Supplier may change these terms of sale without notice to you in relation to future sales.
2. DESCRIPTION AND PRICE OF THE GOODS
o 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.
o 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 advise you of the proposed shipping date. If after acceptance or your order the Supplier discovers within [21 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.
o iii. In addition to the price, you may be required to pay a delivery charge for the goods. This will be confirmed to you at the time of ordering.
o 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 at the time of order and time for payment shall be a fundamental term of this agreement, breach of which shall entitle the Supplier to terminate the contract immediately.
o ii. There will be no delivery until cleared funds are received.
o i. The goods you order will be delivered to the address you give when you place your order.
o 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.
o 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.
o 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.
o 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.
o 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.
o i. The goods are at your risk from the time of delivery.
o 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.
o 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.
6. TITLE FOR BUSINESS CUSTOMERS
o 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.
o 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.
7. YOUR RIGHT OF CANCELLATION
o i. You have the right to cancel the contract at any time up to 7 working days after the day on which you receive the goods (see below). Please note that this policy has some limitations and does not apply to business customers.
o ii. To exercise your right of cancellation, you must give written notice to the supplier by hand, fax, post or e-mail, giving details of the goods ordered and (where appropriate) their delivery. Notification by phone is not sufficient. If you prefer to exercise this right by email, please email firstname.lastname@example.org ensuring you quote your name and address and any order reference number.
o iii. In the case of faulty or mis-described goods we shall, after receiving notification in accordance with clause 8.i or 8.ii, deal with the matter in accordance with your legal rights iv. Once you have notified the Supplier that you are canceling 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.
o v. Except in the case of faulty or mis-described 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.
o i. All goods supplied by the Supplier are warranted free from defects for 12 months from the date of dispatch (unless otherwise stated). This warranty does not affect your statutory rights as a consumer.
o 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.
o 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)
o 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.
o 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 .
9. LIMITATION OF LIABILITY
o 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.
o 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.
o 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.
10. DATA PROTECTION
o The Supplier will take all reasonable precautions to keep the details of your order and payment secure but unless the Supplier is negligent, the Supplier will not be liable for unauthorised access to information supplied by you.
o Product images are for illustrative purposes only and may differ from the actual product.
12. CUSTOMER DETAILS AND PAYMENT INFORMATION
o We do not store credit/debit card information nor do we share customers details with any 3rd parties.
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.
22 Chatterley Whitfield Enterprise Centre
T: 0333 777 30 30
T: +44 (0)7917 821 931
©2015 Motorcycle Information System Technologies Ltd. • Registered in England No. 08145628