KENT CYCLES

Kent Cycles (trading as Kent Cycle Hire Ltd.) is incorporated and registered in England and Wales as a Limited Company, with Company Number: 1289354 and Registered office: 124 Finchley Rd., London, England, NW3 5JS.

References to “Kent Cycles”, “Kent Cycle Hire”, “we”, “our” and “us”
throughout the Terms and Conditions refer to this Company. References to the “Customer” , “Customers”, “you”, “your” and “yours” refer to the customer.

Our VAT registration number is: 358876141.

Kent Cycles is an independent bicycle shop 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

Emial: info@kentcycles.uk

Write to us at our registered office: 124 Finchley Road, London NW3 5JS

General

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.

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.

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.

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.

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.

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.
 

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.

8. We reserve the right to amend technical or clerical errors in any orde 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

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.

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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

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.

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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.

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

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

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.

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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.

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.

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.

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.

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. 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.

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.

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.

24. In the event of cancelled forward booking, the rental charge thereof will be payable in full.

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.

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

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27.  Estimation of Charges for damages other than those which can reasonably be classed as normal wear and tear (Non Exhaustive):

Buckled Wheel £40.00 - Torn 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

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28. The Late return of a bicycle will incur an additional charge payable by the hirer upon return for each bike late.

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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.

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THESE CHARGES WILL ONLY BE WAIVED IN EXCEPTIONAL CIRCUMSTANCES.

Bicycle Hire Disclaimers

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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

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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.

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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. 

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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 orservants, such advice shall amount to an opinion only and we shall not accept liability for any inaccuracies therein. 

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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.

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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.

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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

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. 

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

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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.

38. Your subscription will automatically renew at the end of each twelve month period unless you provide written notice of cancelation.

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.

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).

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Service Plan Cancellation

 
41. You will provide at least one month’s written notice of your intention to cancel your Service Plan.

42. 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”).

43. 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

 
44. 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.

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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.

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Guarantees

45. 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

46. 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.

Goods Liability

47. 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.

48. 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.

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Use of Goods

49. 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.

50. 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.

51. 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.

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Payment Terms

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52. 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.

53. 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

54. 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

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55. 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

56. 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

57. 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.

PRIVACY POLICY

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We value your privacy and therefore do not disclose information to third parties.
Cookies are used on our site only to keep track of the contents of your shopping cart once you have selected an item. You may refuse to accept cookies by activating the setting on your browser, however, by selecting this setting you may be unable to access certain parts of our site.

Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our site. When you pay for Goods and/or Hire and/or Services your details are passed through our payment service provider system purely for payment processing and anti-fraud purposes, for your protection. Kent Cycles does not retain you card details.

We are committed to protecting your privacy. We will only use the information that we
collect about you lawfully in accordance with Data Protection Law. We will collect any information given at the time of the ordering process only to enable us to input and process your order. If you wish to contact us regarding our privacy policy please contact us.

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 to 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.