Main Terms and Conditions
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OVERVIEW
This website is operated by Kent Cycles. Throughout the site, the terms “we”, “us” and “our” refer to Kent Cycles. Kent Cycles offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you..
ONLINE STORE
SECTION 1 - TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
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.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please review our Refund Policy: [LINK TO REFUND POLICY]
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Kent Cycles, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Kent Cycles and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United Kingdom.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at canterbury@kentcycles.uk.
Our contact information is posted below:
canterbury@kentcycles.uk
Registered Office: 124 Finchley Rd., London, England, NW3 5JS
01227 941308
Registered Limited Company: 12893545
VAT Registration number: 358876141.......................................................................................................................................................
BIKE SHOP - BIKE HIRE - BIKE SALES AND SERVICING.
SECTION 21 - OVERVIEW
Kent Cycles is an independent bicycle shop and hire centre operating from two separate ‘bricks and mortar’ retail premises’ located at: (a) 81b Castle Street, Canterbury CT1 2QD and (b) Goldfinch Gallery, Sea Wall, Whitstable CT5 1BX.
We offer bicycle hire services, bicycle sales, the sale of bicycle parts and accessories plus bicycle servicing and repairs.
All references to “bicycle” and /or “bicycles” are understood to include e-bikes (electrically assisted bicycles).
Our sales are provided in store at our two retail premises and also on a ‘click and collect’, basis through our webstore. Our Servicing and Repair services can also be booked online and are carried out at our two workshops at our bricks and mortar addresses, as above.
Contacting us
• Telephone: 01227 388058
• Email: info@kentcycles.uk
• Write to us at our head office: 124 Finchley Rd., London NW3 5JS.
General
21.1 www.kentcycles.uk and www.kentcyclehire.com are two websites facilitated by Kent Cycle Hire Ltd (“us’) for the provision of the online sale of: bicycles and E-bikes (new and second hand), bicycle parts, bicycle equipment and accessories, bicycle hire, bicycle repairs and Servicing and Bicycle Hire.
21.2 The buyer (“you”) shall mean any person, sole trader, partnership, business, body corporate or other entity detailed in the appropriate section of our sales invoice and/or booking form and shall include all successors, heirs and assigns. Where a person deals entirely as a consumer, their legal rights shall remain unaffected. Any reference to you within these terms and conditions shall be as a consumer buyer unless specified as being a reference to a trade buyer.
21.3 The “Goods” shall mean retail Bicycles (new and used) and all Parts and Accessories. Any and all ancillary items are additional to such, unless specifically detailed within the sales invoice/order form.
21.4 The “Price” shall mean the amount payable to Kent Cycles for Goods and or Hire or Services including VAT unless otherwise stated. Prices quoted may vary during the shelf-life of marketing material (upwards or downwards) and current prices are quoted at the time of order. In respect of orders placed via the Internet, these shall not be accepted by us until confirmed in writing by us to you. Prices include VAT charged at the applicable rate.
21.5 Our Bicycle Servicing services can be booked on line or at our retail premises. We provide categorised levels of Service: Bronze Service, Silver Service, Silver Service Plus and Gold Service as well as individual, stand-alone Adjustments and Services and a Service Plan scheme. References to “Service”, “the Service” “Services”, “the Services”, “Serviced” and ‘Servicing” throughout, refer to these.
21.6 Our Bicycle Hire Services, “Bicycle Hire”, can be booked on line or at our retail premises. We provide daily and weekly hire of Adult Bicycles, Tandems, Children’s Bicycles, Tag-Alongs, Trailers, Dog Trailers, Child Seats, Panniers and Phone Holders. References to “Hire”, “Hire Items”, “Hire Bicycles” and “Hire Accessories” throughout, refer to these.
21.7 These terms and conditions shall apply to all of our quotations, orders (including telephone orders) and contracts for the sale or supply of Bicycle Hire, Goods and Services by Kent Cycles. In respect of any sales of Goods to trade buyers, any other terms or representations, whether implied by statute, made prior to, collateral with or subsequent to the contract or order, are hereby excluded and shall not be binding upon us. In respect of consumer buyers, additional conditions shall only be binding upon us if confirmed in writing by us to you.
21.8 We reserve the right to amend technical or clerical errors in any order without notice. In addition, you shall ensure that all details contained within the order are correct and we shall not accept any liability for any error or inaccuracy in any order.
The Contract
21.9 After placing an order or internet order, you will receive an email from us acknowledging that we have received your order for our Goods and/or Services and/or Bicycle Hire. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to Kent Cycles to buy Goods and/or Services and/or Hire. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms the detail and availability of your order. The contract between you and Kent Cycles will only be formed at the time of collection of the Goods or Services or Hire.
21.10 With reference to our “Click and collect” services, the contract is formed when collecting Goods in our shop premises and is subject to normal bricks and mortar consumer law.
Consumer Rights
21.11 You may cancel your purchase from us for any Goods you order at any time up to the point of collection. Unless otherwise specifically notified by us in your order confirmation email, you do not need to give us any reason for cancelling your contract nor will you have to pay any penalty. The circumstances where you may not be eligible for a full refund is where the Goods ordered are of a particularly specialist size or category. In this event we will make clear before ordering and advise of potential penalties incurred for cancellation. These rights exist under the Consumer Contracts Regulations 2014.
21.12 Under the Consumer Rights Act 2015, you have the right to return Goods that are unsatisfactory quality, unfit for purpose or not as described, and get a full refund. This right is limited to 30 days from the date the customer took ownership of the Goods.
21.13 To cancel your contract you must notify us in writing at our shop – Kent Cycles, 81B Castle Street Canterbury, Kent CT12 QD or by email to info@kentcycles.uk
21.14 Once you have notified us that you are cancelling your ‘Goods” contract, any sum debited to Kent Cycles from your debit or credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order.
Bicycle Hire
21.15 The Bicycle let out on hire, including all accessories & attachments supplied herewith (“the Hire Bicycle”) remains the property of Kent Cycle Hire Ltd (“the Owner”) and the Renter will not sell, hire out, lend or otherwise part with possession thereof.
21.16 The Renter acknowledges and agrees that the Hire Bicycle is in good condition in all respects and undertakes not to misuse it and will return it with all accessories in the same condition as when received (ordinary wear and tear excepted) to the place and on the due date and time specified on the hire forms as signed by the Renter.
21.17 The Owner shall be entitled to charge the Renter for all damage caused to the Hire Bicycle during the period of hire. In the event of breakdown other than those of a type which the Renter can reasonably repair with the supplied kit i.e. a puncture or un-seated chain, and other than as a result of the Renter’s misuse of the Hire Bicycle the Owner will use its best endeavors to repair it or procure its repair.
21.18 The period of hire commences at the time of collection and is deemed to continue until the Hire Bicycle is received by the Owner as aforesaid.
21.19 The Owner shall not be liable for any damage caused or loss made whatsoever by breakdown or other defects in the Hire Bicycle or other circumstances beyond the Owners control. The Renter shall indemnify the Owner in respect of all costs, claims, expenses, and demands which it may suffer or incur and which arise directly or indirectly out of the use of the Hire Bicycle during the period of hire. The Owner reserves the right to use the Renter’s deposit in part or in full settlement of any such claim.
21.20 In the event of the Hire Bicycle being lost or stolen the Owner reserves the right to call upon the Renter to indemnify the Owner the replacement value of the Bicycle. However, should the Bicycle subsequently be recovered in a useable condition, the Owner undertakes to refund the Renter’s Indemnity in full within fourteen days.
21.21 The Renter Shall be solely responsible for and shall keep the Owner fully indemnified in respect of all fines, impositions or other penalties occasioned by the use of the Hire Bicycle during the period of hire in respect of violation of any Acts of Parliament, Orders, Regulations or bye laws for the time being in force.
Any conditions or warranties not expressed and which might be implied on the part of the Owner except Statutory Warranties are excluded.
21.22 The Renter will ensure that the Hire Bicycle is adequately secured to an immovable object when not in use, will not use the Hire Bicycle under the influence of drink or drugs and WILL IMMEDIATELY NOTIFY THE OWNER IN THE EVENT OF ANY LOSS OR BREAKDOWN OF THE HIRE BICYCLE, OTHER THAN THOSE REASONABLY REPAIRABLE BY THE HIRER. THESE MUST BE REPORTED TO THE OWNER UPON THE RETURN OF THE BICYCLE.
21.23 The Renter will pay to the Owner on demand all charges due under the agreement. The estimated rental charge (calculated as per the Owner’s current lists) plus any charges for additional accessories and attachments, is payable in advance before collection, together with a deposit as advertised. Any refunds due, if any will be made when the Hire Bicycle is returned to the Owner as aforesaid.
21.24 In the event of cancelled forward booking, the rental charge thereof will be payable in full.
21.25 If the Renter shall commit any breach of the terms of this agreement the Owner shall be entitled, but without prejudice, to any other rights or remedies which it may have to terminate the hire of the Hire Bicycle, and recover possession thereof without notice, and to make reasonable charge for such repossession. No rights of the Owner under the agreement will be waived except in writing by a duly authorised member of staff.
21.26 It is understood that a bicycle helmet is provided as part of the rental charge for each hire period. The Owner will not be held responsible for any renter not wearing a helmet or failing to request a helmet at the time of hire.
Bicycle Hire - Damage Charges
21.27 Estimation of Charges for damages other than those which can reasonably be classed as normal wear and tear (Non Exhaustive):
Buckled Wheel £40.00Torn Seat £20.00
Damaged Rear Mech £38.00
Broken Spoke £10.00
Damaged Lever £20.00
Damaged Gear Shifter £20.00
Bent Handlebars £20.00
Tyre abuse £20.00
Bent Chain Rings £15.00
Bent Pedal Arms £38.00
Broken Pedal £20.00
Accessory Loss / damage: retail price.
Bicycle Hire Late Returns
21.28 The Late return of a bicycle will incur an additional charge payable by the hirer upon return for each bike late.
Bikes not returned by the Return time, as stated in the hire agreement, will incur a late return charge of £10.00 per bike for any period after this up to the first hour, and an additional Days hire charge for all bikes over an hour late.
THESE CHARGES WILL ONLY BE WAIVED IN EXCEPTIONAL CIRCUMSTANCES.
Bicycle Hire Disclaimers
ITEMS SUPPLIED MAY DIFFER FROM THOSE ADVERTISED & ARE ALWAYS SUBJECT TO AVAILABILITY.
KENT CYCLE HIRE LTD RESERVES THE RIGHT TO ALTER, TERMINATE OR WITHDRAW ANY ITEMS OR PROMOTIONS ADVERTISED OR SO OFFERED AND THEIR PRICES OR CONDITIONS AT ANY TIME.
IN ALL CASES KENT CYCE HIRE LTD WILL ACT WITHIN REASON TO HONOUR HIRE BOOKINGS AND AGREEMENTS.
Bicycle Servicing and Repairs
21.29 Before commencing any Service, our mechanics will undertake an initial assessment of the condition of your bicycle and may contact you to advise that additional work and/or replacement Parts are required to complete the service. We will not undertake any such additional work without your consent, but if you chose not to follow our recommendations, we cannot guarantee the safety and/or roadworthiness of your bicycle thereafter.
21.30 If you choose not to accept any additional work and/or parts deemed necessary by us to complete your Service, we will not be held liable for any direct, ancillary or associated malfunction in the mechanics of the bicycle that may result thereafter.
21.31 Any advice given by our staff, agents or servants via telephone, the Internet or in store, is based entirely upon information provided by you. Where advice is given by our staff, agents or servants, such advice shall amount to an opinion only and we shall not accept liability for any inaccuracies therein.
21.32 You will be charged the full cost of your chosen Service at the time of booking. After our initial assessment, if we determine that extra work and/or parts are required, which are not included in the Service that you have booked, you will be notified and advised of the most economical way to proceed, whether by incorporating the extra work and/or parts into your existing Service or by upgrading to a different level of Service.
21.33 Upon completion of your Service, if we determine that the actual cost is less than the sum you have paid in advance, we will refund the difference to you.
21.34 We will always endeavour to complete your bicycle service at the date and time specified on your booking. However this may not always be possible and we may need to keep your bike in the workshop for longer than anticipated. Under these circumstances, we will use best endeavours to return your bicycle to you as soon as is reasonably possible.
21.35 Kent Cycles will not be liable for any loss of income, or any economic loss whatsoever, resulting from a delay in the return of your bicycle after your booked service.
21.36 Cancellation of Services: we require no less than 24 hours notification if you intend to cancel or reschedule a Service booking. If you fail to deliver your bicycle on time for a scheduled Service booking, Kent Cycles shall be entitled to retain 50% of the relevant advance payment and Kent Cycles shall refund the remaining 50% of the relevant advance payment to you.
Service Plan Bookings
21.37 By Registering for one of our Service Plans, you agree to pay a monthly subscription fee to cover all labour charges for bicycle Services for a minimum, twelve month period, beginning at the registration date.
21.38 Your subscription will automatically renew at the end of each twelve month period unless you provide written notice of cancelation.
21.39 It is understood that any Parts and/or Accessories required to fulfil a Service under the Service Plan are not included in the Service Plan subscription fee.
21.40 Any Parts and/or Accessories required to fulfil a Service under the Service Plan will be supplied by us at our stated retail prices in accordance with the conditions laid out for Service bookings (13,14)..
21.41 If we are unable to supply a specific Part or Accessory and you are able to supply it yourself, there will fit it at no extra charge.
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21.42 If you choose to supply your own Parts or Accessories for any Service Plan Service, we will charge 50% of our stated labour charge for fitting the same.
Service Plan Cancellation
21.43 You will provide at least one month’s written notice of your intention to cancel your Service Plan.
21.44 If you choose to cancel your Service Plan before the end of the first, or any subsequent, twelve month subscription period, (the “Subscription Period”), Kent Cycles will retain the sum of all subscription fees (the “Subscription Sum”) paid up to the termination date and, in addition, Kent Cycles will calculate the full labour costs for any and all Services provided within the Subscription Period (the “Service Fees”). Accordingly, upon cancellation, The Subscription Sum will be deducted from the Service Fees, and you will be charged the remainder (the “Termination Fee”).
21.45 Upon Cancellation, it is understood that The Subscription Sum and all and any previous subscription fees paid to Kent Cycles will be retained by us and it is further understood that the said fees are to be retained by Kent Cycles, without exception, even if no Services have been provided to the customer within the Subscription Period.
Cancellation by Kent Cycles
21.46 We reserve the right to cancel the contract between us if:
(a) we have insufficient stock to deliver Goods you have ordered;
(b) one or more of the Goods or Services or Hire Items you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers; or
(c) we have reason to suspect that there is a risk of a fraudulent transaction.
If we do cancel your contract, we will notify you by email and will re-credit to your account any sum deducted by us (in respect of Goods provided by us) from your debit or credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.(d) if, for any reason, Kent Cycles ceases to trade at 81b Castle Street Canterbury Kent CT1 2QD, under which circumstances, after providing written confirmation of the date of closure, we will end the contract and any or all further payments on that date, provided that the sum of services already received by the customer within the twelve month contractual period is equal to or greater than the subscription sum paid. If, however, the sum of services already received by the customer within the twelve month contractual period is less than the subscription sum paid we will use all best endeavours to fulfil our contractual obligations within the current twelve month period and end the contract and payments at the end of the said period.
Guarantees
21.47 All guarantees in respect of Goods are provided entirely by the manufacturers/UK importers and are subject to terms contained therein. You are reminded to complete all warranty cards/documents upon receipt of the Goods where appropriate.
Title
21.48 Title to any “Click and collect” Goods purchased through our website shall pass to you when the Goods ordered are collected by yourself or by a person acting on your behalf. Any person acting for you at point of collection must have proof of purchase and identity. Kent Cycles cannot be held responsible for fraudulent use of your personal information by another party.
Liability
21.49 If the Goods we supply are not what you ordered or are damaged or defective, we shall make full and best effort to correct the situation before you depart our shop and take Title of the goods.
21.50 If you experience any problems with any Goods after the Contract is formed (at the moment of purchase and collection), you are protected by the full range of English Consumer Law and our Terms and Conditions do not cancel those Consumer Rights.
Use of Goods
21.51 Any advice given by our staff, agents or servants during telephone/Internet orders is based entirely upon information provided by you. Where advice is given by our staff, agents or servants, such advice shall amount to an opinion only and we shall not accept liability for any inaccuracies therein. Goods supplied are supplied only to correspond to the purpose for which Goods of that kind are commonly supplied and not for any alternative uses to which they may be put. We shall accept no liability for any failure of Goods due to any such alternative use, amendment or modification.
21.52 You confirm that you shall comply with any and all rules relating to use of the Goods and fully accept that we shall not be liable for any loss which results from forced, misdirected, inappropriate or unqualified installation of any Goods or inadequate maintenance of the Goods. Furthermore, we shall accept no liability for death or personal injury, unless caused directly by our own negligence.
21.53 Any Goods, or parts of them, that are modified or adapted by you or any third party shall no longer be warranted by the manufacturer nor shall we be liable for any failures resulting from any such modification or adaptation.
Payment Terms
21.54 Please note that all website payments are taken in full at the time of order, regardless of stock. The total price paid represents an amount to us for the supply of Goods or Services or Hire. Orders for in-store collection of Goods require full payment at the time of collection.
21.55 Quotations for Goods are given on the assumption that no variation in the Price will be made by the manufacturer/sole importer and that Government levies remain unaltered. In the event of such changes, the Price of any orders placed before the variation will remain the same and no further increases will be passed to you.
Events beyond our control
21.56 We shall accept no liability in respect of any failure to supply Goods or Services you have ordered or any delay in doing so or for any damage or defect to Goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident, acts of God, war or actions by third parties.
Third Party Rights
21.57 Notwithstanding any other provisions of these terms and conditions, nothing in these terms and conditions shall confer, nor is it intended to confer, a benefit on any third party (for the purposes of the Contract (Rights of Third Parties) Act 1999 or for any other purpose).
Jurisdiction
21.58 These terms and conditions shall be governed by and interpreted in accordance with English Law and industry custom and practice, and the English courts shall have exclusive jurisdiction in respect of any claims or disputes (whether contractual or non-contractual) arising therefrom.
Entire agreement
21.59 These terms and conditions, together with our current website prices, contact details and privacy policy, set out the whole of our agreement relating to the supply of Goods, Hire and Services to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any Goods, Hire, or Services offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
Accuracy
1. All orders you place on our website will be subject to our acceptance in accordance with these terms and conditions.
2. The ‘confirmation’ stage sets out the final details of your order. Following this, we will send you an email acknowledging the Goods and/or Services and/or Hire you have ordered. Please note this email is not an order confirmation or order acceptance from Kent Cycles.
3. Acceptance of your order and the completion of the contract between you and us will take place on collection of the Goods and/or Hire Items ordered or the return of your serviced bicycle, unless we have notified you that we do not accept your order or you have cancelled it.
4. Please note the Price you pay for Goods, Hire and Services supplied by Kent Cycles, is the price displayed on this website at the time we receive your order, apart from the following exception:
Whilst we try and ensure all prices on our website are accurate, errors may occur. Should we discover an error in the Price of Goods, Hire Items or Services you have ordered we will inform you as soon as possible. At this time we would give you the option of reconfirming your order at the correct price or cancelling it with monies paid refunded. If we are unable to contact you, we will treat the order as cancelled.
All specifications are advised by the manufacturer, however these can be subject to change by the manufacturer at any time, without prior warning.