Terms and Conditions of Use or Sale
1.1 These Terms and Conditions shall apply to the purchase of the goods detailed overleaf (“Goods”) by you (“Buyer”) from Karbon Kinetics Ltd., Unit 30 Barwell Business Park, Chessington, KT9 2NY a company registered in the United Kingdom under number 4357956 (“Gocycle UK”) and to the payment of this invoice. No other terms and conditions shall apply to the sale of the Goods or to this invoice unless agreed upon in writing between the Buyer and Gocycle UK.
2.1 A “business day” means any day other than a Saturday, Sunday or bank holiday.
2.2 The headings in these Terms and Conditions are for convenience only and shall not affect their interpretation.
2.3 Words imparting the singular number shall include the plural and vice-versa.
3.1 The description of the Goods are as set out in Gocycle UK’s website www.gocycle.com. In accepting the sale the Buyer has acknowledged that it does not rely on any other representations regarding the Goods save for those made in writing by Gocycle UK. No descriptions of the Goods set out in Gocycle UK’s website www.gocycle.com shall be binding on Gocycle UK and are intended as a guide only.
3.2 Gocycle UK reserves the right to make any changes in the specification of the Goods which are required to conform to any applicable safety or other statutory or regulatory requirements or from time to time due to economic or other events.
3.3 The intended use and specification of the Goods relates to an electric bicycle and accessories developed in accordance with the requirements outlined in the City Bicycle Standard EN 14764:2005 and the Electric Bicycle Standard EN 15194 and is intended as a power-assisted bicycle for sensible use by physically competent consumers. Goods have been developed and designed for commuting usage and/or simple riding in fair weather, at speeds relevant to safe and appropriate travel in an urban or suburban environment and in accordance with Gocycle UK's published guidelines, including but not limited to information contained in technical specifications, owner’s manuals, assembly and operation guides, service communications, product setup, and media accessible from www.gocycle.com.
3.4 Gocycle UK makes no representation or claim as to the legality of the importation or re-importation of Goods into any country or region outside of the United Kingdom and expressly disclaims any and all liability from such importation or re-importation or the use of any Goods so acquired.
4.1 Subject to sub-Clause
4.2, the price (“Price”) of the Goods shall be that detailed in the invoice related to the sales transaction.
4.4 The Price is exclusive of fees for packaging and transportation / delivery unless stated otherwise on the invoice.
4.5 The Price is exclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority unless stated otherwise on the invoice.
Gocycle UK has delivered the Goods to the Buyer at the point that Gocycle UK provides the Buyer confirmation of delivery of the Goods by Gocycle UK’s delivery service provider.
8. Inspection of Goods
8.1 The Buyer is under a duty to inspect the Goods on delivery or collection.
8.3 If the Buyer identifies any damage or shortages it must inform Gocycle UK in writing within 2 days of delivery, providing details of the alleged damage or shortage. Gocycle UK shall not be liable if the Buyer fails to provide such notice.
8.5 Subject to the Buyer’s compliance with this Clause 8 and Gocycle UK’s agreement with any alleged damage or shortages, Gocycle UK shall make good any and all damage and shortages within a reasonable time.
8.6 Gocycle UK shall be under no liability for and shall not indemnify the Buyer against any matters arising from damage or shortages.
9.1 Goods may not be returned without the prior written agreement of Gocycle UK.
9.2 Buyer has the right to a “cooling off” period of 14 days from the date of invoice or order confirmation and during the “cooling off” period, provided that the goods remain in an un-opened and in a new and un-used condition, Buyer may return the goods to Gocycle UK for a full refund including shipping costs.
9.3 Buyer has a right to return the goods within 30 days from the date of delivery confirmation in the event that the goods do not meet the Buyer’s expectation. A refund will be provided excluding the cost of shipping provided the goods are confirmed by an appropriate shipping carrier as being collected within 30 days of delivery and subject to inspection of goods by Buyer.
9.4 In the event that goods are defective, Gocycle UK shall have the option of either replacing defective Goods within a reasonable time frame of receipt of them or shall refund to the Buyer the Price for those Goods which are defective.
9.5 Goods returned to Gocycle UK in a condition not fit for resale will be subject to appropriate costs and the Buyer agrees to compensate Gocycle UK for these costs.
9.6 Gocycle UK shall not be liable for defects arising out of normal wear and tear, the Buyer’s failure to follow any instructions given by Gocycle UK, misuse or alteration of the goods, negligence, wilful damage or any other act of the Buyer, its employees, agents or any other third party.
10. Risk and Title
10.1 Risk of damage to or loss of the Goods shall pass to the Buyer either when the Goods are delivered to the Buyer or when Gocycle UK notifies the Buyer that the Goods are ready for collection or Gocycle UK has notified the Buyer that the Goods have been collected by Gocycle UK’s delivery service provider.
10.2 If the Buyer wrongfully fails to take delivery of the Goods, risk shall pass to the Buyer at the time when Gocycle UK has tendered delivery of the Goods.
10.3 Legal and beneficial title in the Goods shall not pass to the Buyer until Gocycle UK has received, in cash or cleared funds, payment in full of the Price.
10.4 Gocycle UK reserves the right to repossess any Goods in which Gocycle UK retains legal and beneficial title if full payment is not received in accordance with Clause 6. In the event of such repossession the Buyer shall deliver the Goods in which legal and beneficial title has not passed to Gocycle UK at its own cost.
10.5 The Buyer’s right to possession of the Goods in which Gocycle UK retains legal and beneficial title shall terminate if the Buyer commits a material breach of its obligations under these Terms and Conditions.
11.1 Save for rights granted under the Sale of Goods Act 1979 and appropriate statutory rights under European consumer law, the warranty on components will commence from first date of registration and last for:
11.2 One year for battery
11.3 Two years for components
11.4 Three years for frame
11.5 Excluded from warranty are wear and consumable items such as tires, brake pads, natural aging and corrosion of surfaces and colours or components and any normal wear and tear.
11.6 Warranty will only apply with evidence of original purchase through an authorised agent and with the original owner of goods. In the case of second hand or used goods not under ownership of original owner, warranty time will be 50% of those stated in 11.2, 11.3, 11.4.
11.7 All warranty claims must be authorised by Gocycle UK.
11.8 In the event of a repair required, Buyer will be responsible for using approved shipping packaging and shipping costs for return to Gocycle UK’s authorised agent or Gocycle UK.
11.9 Gocycle UK will be responsible for shipping costs to return goods to Buyer after repair within the UK and European Union only.
11.10 Buyer will be responsible for all taxes and duties relating to import or export for warranty claims.
14. Force Majeure
Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.
15. No Waiver
No waiver by Gocycle UK of any breach of these Terms and Conditions by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
In the event that one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions (which shall remain valid and enforceable).
16. Law and Jurisdiction
16.1 These Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.
16.2 Any dispute, controversy, proceedings or claim between Gocycle UK and the Buyer relating to these Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.