The following are the terms and conditions of trading with Poetry in Motion cycles and Yourspokes (“Supplier”) for the supply of Suppliers goods (“Goods”) to any third party (“Buyer”).
1.1 The Buyer may make an order for Goods from the Supplier by using the secure on-line order form on the Suppliers web site or by telephone order.
1.2 The Buyer shall be responsible for ensuring the accuracy of the order. By placing an order for the Goods the Buyer shall be deemed to have accepted these conditions of business.
2. Contract Foundation and Specifications
2.1 No Contract will subsist between the Supplier and Buyer for the sale of any Goods unless and until the Supplier accepts the order by sending an e-mail confirming when orders are placed on the website that the order has been accepted and processed. This Order Acceptance e-mail will be sent subsequent to an Order Confirmation e-mail that is automatically sent by the web site when a Buyer sends an order to the Supplier using the secure web site order page. For telephone orders the contract will subsist as soon as the order is placed and accepted during the telephone call.
2.2 The Supplier cannot guarantee product availability. Should Goods ordered be temporarily unavailable the Buyer shall be notified of the delay in delivery and given the option to cancel the order. If the Buyer does not cancel the Order, the Buyer shall be deemed to have accepted the new delivery date.
2.3 Whilst the Supplier makes every effort to ensure that the Goods descriptions and illustrations contained on the web-site are accurate and current, the Supplier is dependant upon the Goods manufacturer to provide the correct information.
3.1 Prices quoted on the Supplier web-site are shown inclusive of VAT.
3.2 Prices are subject to alteration, however any change in price will be notified to the Buyer prior to the Suppliers acceptance of the order.
4.1 Payment for the Goods is always subject to clearance prior to the Supplier dispatching any Goods.
5. Delivery & Returns
5.1 Delivery of the Goods shall be made within 28 days of the Suppliers acceptance of the Order unless an extended delivery date is agreed between the two parties. Delivery of the Goods shall be effected by the Supplier delivering the Goods to the Buyers delivery address as notified on the Buyers order. If pursuant to this clause 5.1, the parties cannot agree an extended delivery date, the Supplier shall be entitled to cancel the order and will refund the full purchase price (if already paid).
5.2 Subject to clause 5.1 any dates quoted for delivery of the Goods are approximate. The Supplier shall not be liable for any delay in delivery of the Goods and time shall not be of the essence in these Terms and Conditions.
5.3 UK Delivery and carriage is normally Royal Mail. A fate rate of £3.80 is chargeable on all but very small orders. Small order will need to be arranged either by a face to face discussion or via telephone. Delivery costs are subject to change. However the Buyer will be notified prior to delivery of this occurs, and will have the option to cancel the order. Carriage charges are additional to the price of the Goods listed.
5.4 The Buyer shall report to the Supplier, any damage to the Goods during transit to the Buyer within two working days of delivery. This does not affect your statutory rights as a consumer.
5.5 Unused and unopened Goods or Goods that do not meet the Buyers requirement on delivery may be returned to the Supplier for a refund, excluding the original carriage charge, within 14 days of delivery. Buyers will pay all return carriage costs.
5.6 Where the goods are “custom length” you shall have no right to amend or cancel your order, return the goods or seek any refund of the price paid by you from us. This is because when we receive your order, the manufacturing process begins immediately and the goods are manufactured to your exact specification, pursuant to The Consumer Contracts (information, cancellation and additional charges) Regulations 2013. This does not affect your statutory rights.
6. Warranty Returns
6.1 The Supplier offers a 12-month warranty on all Goods, subject to the Goods being returned to the Supplier for evaluation of any warranty claim. The Supplier must receive notification of any such warranty return from the Buyer before any such Goods are returned to the Supplier. In all circumstances, the Buyer will pay the initial carriage costs to return the Goods to the Supplier. The Supplier shall be entitled to repair or replace any such returned Goods found to be defective under the terms of the warranty free of charge to the Buyer. If for any reason this is not possible, a full refund for the value of the Goods will be offered including any carriage charges paid by the Buyer in purchasing the Goods and also in returning the Goods to the Supplier.
6.2 To the fullest extent permitted at law the Supplier will not be liable for damages arising out of or in connection with the use of this web-site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, of or damage to property and claims of third parties. For the avoidance of doubt the supplier does not limit its liability for death or personal injury to the extent that it arises as a result of the negligence of the Supplier.
6.3 For the avoidance of doubt where Goods are sold under a consumer transaction the statutory rights of the Buyer are not affected by these Terms and Conditions.
7.1 Vouchers issued as prizes or bought in-store shall be valid for a period of 3 Months from the date of purchase or competition end.
7.2 Vouchers issued with an expiry date shall be valid until that expiry date, be it sooner or later than 3 months from purchase or competition end.
8.1 The Supplier shall not be under any liability for any failure to perform any of its obligations hereunder due to Force Majeure. Following notification by the Supplier to the Buyer of such cause, the Supplier shall be allowed a reasonable extension of time for the performance of its obligations. For the purposes of this clause 7.1 “Force Majeure” means fire, explosion, flood, lightning, Act of God, act of terrorism, war, rebellion, right, sabotage or official strike or similar official labour dispute or events or circumstances outside the reasonable control of the Supplier.
8.2 If any provision of these Terms and Conditions is declared by any judicial or any other competent authority to be void, voidable, illegal or otherwise unenforceable or indications to that effect are received by either party from any competent authority then that provision shall be limited or eliminated to the minimum extent necessary so these Terms and Conditions shall otherwise remain in full force and effect and enforceable.
8.3 These Terms and Conditions supersede any prior agreement between the parties whether written or oral under such prior agreements.
8.4 These Terms and Conditions shall be governed by and construed in accordance with the laws of England and the English Courts shall have non-exclusive jurisdiction to decide any dispute concerning these Terms and Conditions or the subject matter of these Terms and Conditions.
8.5 No waiver by Supplier 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 provisions.