We are Ryan Downes, trading as Ryanbuildswheels of Unit 6, Minto Road Industrial Estate, Ashley Parade, St Werburghs, BS2 9YW(Ryan we or us))
You, as the customer are referred to as ‘you’ throughout these terms.
This contract sets out your legal rights and responsibilities of both you and us, together with some key information we have to give you by law.
These terms are used for when we enter into a contract away from our business premises, generally via the Internet or by email or perhaps at your home or work premises.
1.1 If you buy wheels or other cycle products from us (goods) you agree to be legally bound by these terms.
1.2 By law under the Consumer Contracts (Information, Cancellation and Additional charges) Regulations 2013, we must give you some key information before a legally binding contract is made. We will give you this information in a clear and understandable way. This information is included within these terms or within the order form for the goods.
1.3 If we have to change any of the important information once a legally binding contract has been made, we can only do so if you agree to it.
2 Ordering goods from us
2.1 A legally binding contract is made as follows:
2.1.1 We give you a quotation but this is not a binding offer to supply goods.
2.1.2 You place an order for goods with us and this is your offer to buy goods from us.
2.1.3 When you place your order, we will acknowledge it. When we acknowledge it, we will say whether we accept or do not accept your order.
2.1.4 Once we have accepted your order in writing (generally by email) a legally binding contract will be in place.
3 Right to cancel this contract
3.1 You have a right to cancel most contracts within 14 days without giving any reason. The cancellation period will expire 14 days after you receive acceptance from us of your order.
3.2 To exercise the right to cancel, you must inform us of your decision by a clear statement in writing (eg a letter sent by post or email). You can use the model cancellation form at the end of these terms, but you do not have to do so.
3.3 However, you have no right to cancel where goods are made to your specification, such as if we supply you with bespoke wheels made to your order.
4 Effects of cancellation
4.1 If you cancel this contract, we will repay your payments received from you, including delivery charges (except for supplementary charges if you choose a type of delivery that is more expensive than the least expensive type of standard delivery).
4.2 We may make a deduction from the reimbursement for loss in value of the goods if they have been damaged by you.
4.3 We will make the reimbursement within 14 days after we receive goods back from you using the same means of payment as you use for the initial transaction.
4.4 If you have received goods, you should send the goods back to us and you will have to bear the direct cost of returning the goods.
4.5 You are only liable for any reduction in value of the goods resulting from handling other than that which is necessary to establish the nature and functioning of the goods.
5.1 If we need to deliver goods to you, we will use a delivery service. Please visit our webpage to see details of delivery before you place your order.
5.2 Delivery of the goods will take place when we deliver them to the address that you gave to us.
5.3 You are responsible for the goods when delivery has taken place. At that stage, the risk in the goods passes to you.
6.1 You must pay for all goods in full before they are sent to you, unless we agree otherwise in writing.
6.2 You may pay by credit card or debit card by the various means as stated on our website.
6.3 The price of the goods is stated in pounds sterling and includes VAT at the applicable rate. The price does not include the cost of delivery (for which details are stated on the website).
7 Nature and quality of the goods
7.1 Under the Consumer Rights Act 2015, you have legal rights (statutory rights) which we will protect. The goods will be of a satisfactory quality, fit for their normal purpose and match their description (or sample where appropriate). We will provide you with goods that comply with your legal rights.
7.2 We try to make sure that all weights and measurements are as accurate as possible but there may be weight tolerances of up to 10% in relation to the weight of built wheels.
7.3 If we cannot supply certain goods (such as a particular type of hub or rim) we may need to substitute them with alternative goods of an equal or better standard. In this case, we will let you know if we intend to do this, if this is possible. You can refuse to accept such a substitute, in which case we will offer you a refund or a replacement, which will be available for as long as we tell you.
8 Faulty goods
8.1 You have statutory rights under the Consumer Rights Act 2015, as set out in clause 7.1 above. If your goods are faulty, within 6 months from delivery, we will repair or replace them at our option. If they can’t be repaired or replaced, we will offer a full refund. This does not affect any other statutory rights you may have.
8.2 If you have a problem with the goods, you can speak to us, visit our website or contact us using our contact details. You may also consult Citizens Advice, their website is www.citizensadvice.org.uk or their telephone number is: 03454 040506.
8.3 This clause covers defects in relation to products we have supplied and our workmanship. However, we cannot control conditions of use and certain goods are made for use for a specific intended limited purpose and are not warranted for use outside of that purpose. See clause 12 (Disclaimer) for full information.
8.4 Please contact us using the contact details at the top of this page, if you want us to repair the goods, replace the goods, a price reduction or a refund.
9 Limit on our responsibility to you
9.1 Except for any legal responsibility that we cannot exclude by law (such as for death or personal injury), we are not legally responsible for any losses that:
- Were not foreseeable to you and to us when the contract was formed
- Were not caused by any breach on our part
9.2 We are not responsible for any business losses or losses to non-consumers.
10.1 We will try to resolve any dispute with you quickly and efficiently.
10.2 If you are unhappy with the goods or our service to you generally, please contact us as soon as possible.
10.3 If we cannot resolve the dispute using our internal complaint handling procedure, we will inform you and suggest an alternative dispute resolution (Mediation) in accordance with the rules of the Centre for Effective Dispute Resolution (CEDR).
10.4 English law applies and the Courts of England and Wales will have sole jurisdiction in relation to any disputes under this contract.
11 Third party rights
11.1 No one other than you or us is a party to this contract and has any right to enforce any of its terms.
12.1 We will honour your statutory rights and give the warranty set out in clause 7 and 8 of the terms. However, please note the terms of this disclaimer as it is describes the circumstances where the warranty does not (or may not) apply.
12.2 Please make sure that all information supplied to us is correct for the goods required. We cannot be responsible for components not fitting correctly if you have given us the wrong information.
12.3 Warranty will not apply where wheels have been altered or trued by people other than us.
12.4 Warranty will not apply to wheels that have been modified, neglected or poorly maintained (including those cleaned by jet washing).
12.5 Warranty does not apply for wheels used for turbo training, racing, polo or stunt riding or for commercial use.
12.6 Warranty does not apply to crash damage resulting from racing.
12.7 Warranty does not apply to normal wear and tear. Under harsh use components can have symptoms of wear in less than 6 months. This includes marking or jamming of alloy freehubs by steel sprockets.
If you wish to cancel the contract, you must do so in writing and this must be delivered by hand, posted, faxed or sent by email to the details on our contact page. Please note you are not entitled to cancel a contract for the supply of bespoke wheels made to your specification (see clause 3.3).