Conditions of Use

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website www.rosscycles.co.uk (our site) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.

1 Information about us

1.1 www.rosscycles.co.uk is a site operated by Ross Cycles (we). We are registered in England and Wales under company number 05268011 and with our registered office at Ross Cycles. 145 Coulsdon Road, Caterham On The Hill, Surrey, CR3 5NJ, UK. Our main trading address is Ross Cycles, 145 Coulsdon Road, Caterham On The Hill, Surrey, CR3 5NJ.

2 Information about you

2.1 By accepting these terms and conditions you agree to our use of your personal information in accordance with the terms and conditions of our privacy policy.

2.2 By placing an order through our site, you warrant that:

2.2.1 you are legally capable of entering into binding contracts; and

2.2.2 you are at least 18 years old.

3 How the Contract is formed between you and us

3.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.

3.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.

4 Our status

4.1 We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.

5 Consumer rights

5.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you may receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in paragraph 9 below).

5.2 To cancel a Contract, you must inform us in writing and return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk.

5.3 Details of this statutory right, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your statutory rights.

6 Availability and delivery

6.1 Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.

7 Risk and title

7.1 The Products will be at your risk from the time of delivery.

7.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges, if any.

8 Price and payment

8.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.

8.2 These prices exclude delivery costs, which will be added to the total amount due as set out in our Shipping & Returns section.

8.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

8.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.

8.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing. 8.6 Payment for all Products must be by credit or debit card. We accept payment with Maestro, MasterCard, Delta, Visa and Electron, Switch and Solo.

8.7 Payment is usually debited from your account immediately at the time of purchase. The only exception being if an item is discontinued or out of stock in which case we will offer an alternative product of the same or higher value, for the same price, alternatively we will offer to place your item on backorder, you will also be given the opportunity to cancel your order should you not be satisfied with the alternative solutions. If you confirm you would like the alternative or to backorder then your account will be debited with receipt of your confirmation either by telephone or e-mail.

9 Our refunds policy

9.1 When you return a Product to us (for instance, because you have cancelled the Contract between us, or have notified us in accordance with paragraph 19 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we received your cancellation or the day we confirmed to you via e-mail that you were entitled to a refund for delivery of the defective Product.

9.2 Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges (if any) for sending the item to you and the cost incurred by you in returning the item to us.

9.3 Cooling off period returns: Due to the complexity of bicycle parts you are responsible for purchasing the correct parts for your requirements, including variations such as size and colour. Therefore we cannot be held responsible if you have purchased an incorrect item even if we have advised you about the item. (advice is given under goodwill and may be incorrect) However items returned by you within the seven-day cooling-off period (see paragraph 5.1 above). we will refunded in full only if the item is returned in its original condition and unopened in its' original packaging. If the item has been opened, used, or damaged by you a £10 or 15% (of the value of the item) administration fee, whichever is greater, will be charged. The cost of shipping the item to you will also be refunded. However, you will be responsible for the cost of returning the item to us.

9.4 Exchange of Goods: Due to the complexity of bicyle parts we are only able to exchange goods without charge if we have despatch the wrong goods. If you wish to exchange goods because of personal preference or because you have chosen an item incorrectly. we will under our discretion exchange goods as long as they are unused and in their original unopened packaging. However a £10 or 15% (of the value of the item) whichever is greater, administration fee will be incurred

10 Our liability

10.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality.

10.2 Our liability in connection with any Product purchased through our site (or any other liability arising out of this Contract in contract (including under any indemnity or warranty) in tort (including negligence) by statute or otherwise) is strictly limited to the higher of the purchase price of the Products paid for by you in the 12 months preceding the date of the claim and UK£50.

10.3 This does not include or limit in any way our liability:

10.3.1 for death or personal injury caused by our negligence;

10.3.2 under section 2(3) of the Consumer Protection Act 1987;

10.3.3 for fraud or fraudulent misrepresentation; or

10.3.4 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

10.4 Subject to clause 10.3, Ross Cycles shall not be liable whether in contract (including under any indemnity or warranty), in tort (including negligence), under statute or otherwise for any (a) loss of profit; (b) loss of revenue; (c) loss of anticipated savings; (d) loss or corruption of data; (e) loss of contract or opportunity; (f) loss of goodwill; or (g) indirect or consequential loss of whatever nature including (without limit) any loss of a type described in (a) to (f) above which could be regarded as indirect or consequential and whether or not reasonably foreseeable, reasonably contemplatable, or actually contemplated by the parties at the time of formation of the Contract.

11 Import duty

11.1 If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

11.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws. 12 Written communications

12.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

13 Notices

13.1 All notices given by you to us must be given to Ross Cycles at Ross Cycles. 145 Coulsdon Road, Caterham On The Hill, Surrey, CR3 5NJ. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in paragraph 12. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

14 Transfer of rights and obligations

14.1 The contract between you and us is binding on you and us and on our respective successors and assigns.

14.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

14.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

15 Events outside our control

15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

15.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

15.2.1 strikes, lock-outs or other industrial action.

15.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.

15.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.

15.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

15.2.5 impossibility of the use of public or private telecommunications networks.

15.2.6 the acts, decrees, legislation, regulations or restrictions of any government.

15.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

16 Waiver

16.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

16.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.

16.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 14 above.

17 Severability

17.1 If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

18 Entire agreement

18.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

18.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

18.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.

19 Our right to vary these terms and conditions

19.1 We have the right to revise and amend these terms and conditions from time to time.

19.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

Terms and Coniditions of Ross Cycles Points

1. Ross Cycles Points are redeemable only on www.rosscycles.co.uk against subsequent purchases.

1.1 The value of one point on our website is £0.01, there are no cash alternatives.

1.2 The ammount of points to each action is variable and up to the discreation of Ross Cycles Ltd.

1.3 Unless otherwise stated and as standard, one friend refferal is worth 100 points, you can refer as many freinds as you like, one new registration is worth 10 points, on all purchases £1 is worth 1 point (Points are not earned on postage and packging)

1.4 Ross Cycles resevers to right to to refuse point redemtion at any time. Ross Cycles will remove points from an account if suspecious acitivity or fraudulen point collection is detected.

1.5 Ross Cycles reserves the right to suspend or terminate the points collection system at anytime, notice will be given via e-mail, points collected will to be honoured if this happens.

1 Terms of website use

1.1 This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website www.rosscycles.co.uk (our site), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the sites. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

2 Information about us

2.1 www.rosscycles.co.uk is a site operated by Ross Cycles (trading as Ross Cycles) (“We”). We are registered in England and Wales under company number 01238310 and have our registered office at Ross Cycles. 145 Coulsdon Road, Caterham On The Hill, Caterham, Surrey, CR3 5NJ, UK. Our main trading address is Ross Cycles. 145 Coulsdon Road, Caterham On The Hill, Caterham, Surrey, CR3 5NJ.

3 Accessing our site

3.1 Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

3.2 From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.

3.3 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

3.4 When using our site, you must comply with the provisions of our acceptable use policy set out below in clause 4.

3.5 You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.

4 Acceptable use

4.1 You may use our site only for lawful purposes. You may not use our site:

4.1.1 in any way that breaches any applicable local, national or international law or regulation;

4.1.2 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

4.1.3 for the purpose of harming or attempting to harm minors in any way;

4.1.4 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or

4.1.5 to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

4.2 You also agree:

4.2.1 not to reproduce, duplicate, copy or re-sell any part of our site in contravention of these terms of website use.

4.2.2 not to access without authority, interfere with, damage or disrupt:

(a) any part of our site; (b) any equipment or network on which our site is stored; (c) any software used in the provision of our site; or (d) any equipment or network or software owned or used by any third party.

5 Intellectual property rights

5.1 We are the owners of some of the intellectual property rights on our site or material published on it. Some information is provided by 3^rd parties, suppliers or manufacturers who are credited by trademark where appropriate. Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved.

5.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.

5.3 You may not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you may not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

5.4 Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

5.5 You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

5.6 If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

6 Reliance on information posted

6.1 Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

7 Our site changes regularly

7.1 We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

8 Our liability

8.1 The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

8.1.1 all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

8.2 Nothing in this Agreement shall exclude or limit the liability of either party:

8.2.1 for death or personal injury resulting from the negligence of that party or its directors, officers, employees, contractors or agents;

8.2.2 in respect of fraud or of any statements made fraudulently by that party or its directors, officers, employees, contractors or agents; or

8.2.3 for product liability claims arising under Part 1 of The Consumer Protection Act 1987.

8.3 Subject to clause 8.2, Ross Cycles shall not be liable whether in contract (including under any indemnity or warranty), in tort (including negligence), under statute or otherwise for any (a) loss of profit; (b) loss of revenue; (c) loss of anticipated savings; (d) loss or corruption of data; (e) loss of contract or opportunity; (f) loss of goodwill; or (g) indirect or consequential loss of whatever nature including (without limit) any loss of a type described in (a) to (f) above which could be regarded as indirect or consequential and whether or not reasonably foreseeable, reasonably contemplatable, or actually contemplated by the parties at the time of formation of the Contract.

8.4 In the event that Ross Cycles shall be liable to you in contract (including under an indemnity or warranty) in tort (including negligence) under statute or otherwise, Ross Cycles’s liability shall be limited to the higher of the purchase price of any Products paid for by you in the 12 months preceding the date of the claim and UK£50.

9 Information about you and your visits to our site

9.1 We process information about you in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

10 Transactions concluded through our site

10.1 Contracts for the supply of goods formed through our site or as a result of visits made by you are governed by our terms and conditions of supply.

11 Viruses, hacking and other offences

11.1 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

11.2 By breaching clause 11.1, you may commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

11.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

12 Linking to our site

12.1 You may not link to our home page, unless you obtain our written consent in advance from enquiries@rosscycles.co.uk and provided that (if such linking is authorised by Ross Cycles) you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

12.2 You must not establish a link from any website that is not owned by you.

12.3 Our site must not be framed on any other site, nor may you create a link to any

part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects the applicable law in the UK and in any other country in which it is hosted.

12.4 If you wish to make any use of material on our site other than that set out above, please address your request to enquiries@rosscycles.co.uk.

13 Links from our site

13.1 Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

14 Jurisdiction and applicable law

14.1 These terms of use are governed by English law.

14.2 The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

15 Trade marks

15.1 All trademarks displayed on our site are the property of Ross Cycles.

16 Variations

16.1 We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

17 Your concerns

17.1 If you have any concerns about material which appears on our site, please contact enquiries@rosscycles.co.uk. Thank you for visiting our site.