Here at Pashley Cycles, we work hard to ensure total satisfaction and look after our customers. We like to be open about what you can expect from us and, likewise, our expectations of you, because this allows us to deliver what we promise. Because of this, we have set out below our Terms and Conditions. Please read them carefully. We suggest that you also print a copy of these Terms and Conditions for future reference, or save them on your computer.
Although all the Terms and Conditions are related to the supply of goods ordered from our site, we have added some sub-headings to try and make them more easily understandable for you. If you have any queries about the ‘legal’ side of things, or you want any help, please do call us on 01789 292263 or email at firstname.lastname@example.org. We are always pleased to talk to our customers.
WEBSITE TERMS AND CONDITIONS OF SUPPLY
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the goods ("Goods") listed on our UK Click & Collect website ("the Site") to you. Please read these terms and conditions carefully before ordering any Goods or Services from the Site. Your attention is particularly drawn to the provisions of clause 9. You should understand that by ordering any of the Goods, you agree to be bound by these terms and conditions. These terms may occasionally be amended by us in accordance with clause 20.1, so it is best to read them each time you make a purchase.
By clicking on the button to say “I have read and agree with the Terms & Conditions”, you are confirming that you have read and agree to these Terms and Conditions when placing your order to show that you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Goods from the Site.
1. Information About Pashley
The Site is a website operated by Pashley Holdings Limited (“Pashley”). Pashley is a limited company registered in England and Wales under company number 02974132 and with its registered office and main trading address at Masons Road, Stratford upon Avon, Warwickshire, CV37 9NL. Pashley’s VAT number is 661551442.
2. Service Availability
2.1 The Site is only intended for use by people resident in the UK and Channel Islands (“Serviced Countries”). Pashley does not currently accept orders from individuals outside those countries.
2.2 This Site is provided for us by Shopify Inc and you must use the Site only in accordance with their Terms of Service.
2.3 You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
3. Your Status
By placing an order through the Site, you warrant that:
3.1.1 You are legally capable of entering into binding contracts; and
3.1.2 You are at least 18 years old;
3.1.3 You are resident in one of the Serviced Countries; and
3.1.4 You are accessing the Site from one of the Serviced Countries.
4. How the Contract is formed between You and Pashley
4.1 After placing an order, you will receive an e-mail from Pashley acknowledging that Pashley has received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to Pashley to purchase Goods. All orders are subject to acceptance by Pashley, and Pashley will confirm such acceptance to you by sending you an e-mail that confirms that the Goods have been despatched (the "Confirmation E-Mail"). The contract between you and Pashley (the "Contract") will only be formed when Pashley sends you the Confirmation E-Mail, at which point and on which date the Contract between you and Pashley shall come into existence.
4.2 The Contract will relate only to those Goods whose supply Pashley has confirmed in the Confirmation E-Mail. Pashley will not be obliged to supply any other Goods which may have been part of your order until the supply of such Goods has been confirmed in a separate Confirmation E-Mail.
Pashley may provide links on the Site to the websites of other parties, whether affiliated with Pashley or not. Pashley does not give any undertaking, that products or services you purchase from third party sellers through the Site, or from parties to whose website Pashley has provided a link on the Site, will be of satisfactory quality, and any such warranties are DISCLAIMED by Pashley absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. Pashley will notify you when a third party is involved in a transaction, and Pashley may disclose your customer information related to that transaction to the third party seller.
Our cycles are hand-built in the UK, and it is our desire to give you the best service possible. The Site gives advisory delivery dates which are updated periodically. Whilst we advise these dates in good faith, from time to time it may be that we cannot meet them, for example if there is a surge in demand. In such circumstances we shall advise you as soon as we are able and advise revised delivery dates.
7. Risk and Title
7.1 The Goods will be at your risk from the time you collect them.
7.2 Ownership of the Goods will only pass to you following collection and when Pashley receives full payment of all sums due in respect of the Goods including delivery charges.
8. Price and Payment
8.1 The price of the Goods will be as quoted on the Site from time to time, except in cases of obvious error, in which Pashley reserve the right to decline your Order placed at a lower price, but consider, with your agreement, accepting it at the correct price.
8.2 All prices given to you include VAT, but exclude delivery costs, which are advised on the Site. 8.3 Prices are liable to change at any time, but changes will not affect orders in respect of which Pashley has already sent you a Confirmation E-Mail.
8.5 Pashley is under no obligation to provide the Goods to you at the incorrect (lower) price, even after Pashley has sent you a Confirmation E-Mail, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
9. Liability of Pashley
9.1 Pashley warrants to you that any Goods purchased from Pashley through the Site will be of satisfactory quality and reasonably fit for all purposes for which products of the kind are normally supplied.
9.2 The liability of Pashley for losses you suffer as a result of Pashley breaking this agreement is strictly limited to the purchase price of the Goods you purchased.
9.3 This does not include or limit in any way the liability of Pashley:
9.3.1 For death or personal injury caused by the negligence of Pashley;
9.3.2 Under section 2(3) of the Consumer Protection Act 1987;
9.3.3 For fraud or fraudulent misrepresentation; or
9.3.4 For any deliberate breaches of these terms and conditions by Pashley that would entitle you to terminate the Contract between you and Pashley.
9.3.5 For any matter for which it would be illegal for Pashley to exclude, or attempt to exclude, its liability.
9.4 Pashley is not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:
9.4.1 loss of income or revenue;
9.4.2 loss of business;
9.4.3 loss of profits or contracts;
9.4.4 loss of anticipated savings;
9.4.5 loss of data; or
9.4.6 waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise;
provided that this clause 9.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 9.1 or clause 9.2 or any other claims for direct financial loss that are not excluded by any of clauses 9.4.1 to 9.4.6 inclusive.
10. Import Duty
10.1 If you order Goods from the 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 Pashley has no control over these charges and cannot predict their amount. Please contact your local Customs Office for further information before placing your order.
10.2 Please also note that you must comply with all applicable laws and regulations of the country for which the Goods are destined. Pashley will not be liable for any breach by you of any such laws.
11. Consumer Rights – Returns
11.1 Unless your Order is a special order for non-standard goods, then You may cancel a contract prior to the goods being dispatched from Pashley and receive a full refund, in accordance with Pashley’s refunds policy (set out in clause 12 below). Returns of special orders will be considered at Pashley’s discretion.
11.2 You may return the Goods for a refund once collected by you (as set out in clause 12 below) within 14 days of collection, provided they are unused and absolutely in the original condition. However, please note that all delivery charges incurred on returns made will be your responsibility.
11.3 To return Goods or cancel a contract in accordance with Clause 11.2, please see the advisory process on the Site. You must return the Goods to us in the same condition in which you received them, with all original tags intact, and at your own cost and risk. You have a legal obligation to take reasonable care of the Goods while they are in your possession.
11.3 Please inspect goods prior to inspection, as once collected, goods cannot be returned as damaged for causes that would have been apparent at collection. In other cases of damage or non-performance of the product, we will work with you to resolve the problem in the first instance, and replace the product if the damage or non performance issue cannot be resolved.
11.4 Nothing in this clause is meant in any way to diminish your statutory rights.
12. Refunds Policy
12.1 When you cancel a Contract in accordance with clause 11 and Pashley accept the cancellation:
12.1.1 if you cancel it prior to dispatch, Pashley will endeavour to refund your payment as soon as reasonably practical.
12.1.2 if you cancel it following dispatch, with the 14 day period referred to in Clause 11 and return it in the required condition, then Pashley will refund you the price paid less the cost of return as soon as reasonably practical following its receipt back with Pashley for a return inspection. If the product is not in the original condition and requires rectification of any fault not caused by Pashley, then Pashley will at its discretion agree fair rectification charges prior to making any refund.
12.2 Pashley will usually refund any money received from you using the same method originally used by you to pay for your purchase.
13. Written Communications
Applicable laws require that some of the information or communications Pashley sends to you should be in writing. When using the Site, you accept that communication with Pashley will be mainly electronic. Pashley will contact you by e-mail or provide you with information by posting notices on the Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that Pashley provides to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to Pashley must be given to Customer Services at email@example.com. Pashley may give notice to you at either the e-mail or postal address you provide to Pashley when placing an order, or in any of the ways specified in clause 13 above. Notice will be deemed received and properly served immediately when posted on the Site, one business day after an e-mail is sent, or two business 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. For the purposes of this clause ‘business day’ shall mean a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.
15. Transfer of Rights and Obligations
15.1 The Contract between you and Pashley is binding on you and Pashley and on the respective successors and assigns of you and Pashley.
15.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without the prior written consent of Pashley.
15.3 Pashley may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of its rights or obligations arising under it, at any time during the term of the Contract.
16. Events Outside The Control of Pashley
16.1 Pashley will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under the Contract that is caused by events outside the reasonable control of Pashley ("Force Majeure Event").
16.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond the reasonable control of Pashley and includes in particular (without limitation) the following:
16.2.1 Strikes, lock-outs or other industrial action.
16.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
16.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
16.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
16.2.5 Impossibility of the use of public or private telecommunications networks.
16.2.6 The acts, decrees, legislation, regulations or restrictions of any government.
16.3 The performance by Pashley under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and Pashley will have an extension of time for performance for the duration of that period. Pashley will use its reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which Pashley’s obligations under the Contract may be performed despite the Force Majeure Event.
17.1 If Pashley fails, 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 Pashley fails to exercise any of the rights or remedies to which it is 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.
17.2 A waiver by Pashley of any default shall not constitute a waiver of any subsequent default.
17.3 No waiver by Pashley 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 clause 14 above.
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.
19. Entire Agreement
19.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between you and Pashley and supersede any previous arrangement, understanding or agreement between you and Pashley, relating to the subject matter of any Contract.
19.2 You and Pashley each acknowledge that, in entering into a Contract, (and the documents referred to in it), neither you nor Pashley relies on any statement, representation, assurance or warranty (Representation) of any person (whether a party to that Contract or not) other than as expressly set out in these terms and conditions.
19.3 You and Pashley each agree that the only rights and remedies available to either you or Pashley arising out of or in connection with a Representation shall be for breach of Contract as provided in these terms and conditions.
19.4 Nothing in this clause shall limit or exclude any liability for fraud.
20. Right of Pashley to Vary these Terms and Conditions
20.1 Pashley has the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting the business of Pashley, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in the capabilities of the systems used by Pashley.
20.2 You will be subject to the policies and terms and conditions in force at the time that you order Goods from Pashley, 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 Pashley notifies you of the change to those policies or these terms and conditions before it sends you the Confirmation E-Mail (in which case Pashley has the right to assume that you have accepted the change to the terms and conditions, unless you notify Pashley to the contrary within the seven working days of receipt by you of the Goods).
21. Law and Jurisdiction
Contracts for the purchase of Goods through the Site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.