These Terms and Conditions are applicable every time you make a purchase in our retail shop or access our website and/or order goods from our website. Please note that these Terms and Conditions also incorporate the following sections which you are advised to read. The terms us, we and Exmouth Cycles applies to that of Exmouth Cycles and our website designers listed at the foot of this site.
We are committed to protecting your privacy. Authorized employees of Exmouth Cycles will, on a need to know basis only, use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers.
Customer records are regarded as confidential and therefore will not be divulged to any third party, other than our manufacturer/supplier(s) and if legally required to do so to the appropriate authorities. We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by Exmouth Cycles will only be in connection with the provision of agreed services and products.
Exclusions and Limitations
The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, Exmouth Cycles:
excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or Exmouth Cycles’ literature; and excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised us of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
Exmouth Cycles does not, however, exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
Before proceeding to make an order you will be required to show that you have read and understood the following terms and conditions. We recommend that you print a copy of these Terms and Conditions for your future reference. However, we may revise our Terms and Conditions at any time and will post the changes that we make onto this page in order that you are always aware of what information we collect, how we use it and under what circumstances we will disclose it. You are expected to check this page from time to time to take notice of any changes that we do make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.
Please note: Exmouth Cycles reserves the right to make changes to this Web Site at any time without notice. Prices and specifications may change without prior warning.
1.1 This site is owned and operated by Exmouth Cycles of 1a Victoria Road, Exmouth, Devon, EX8 1DL,a UK based company and complies with UK consumer law including the Distance Selling Regulations.
1.2 All rights in this website are owned by us. Any unauthorised use, copying or modification is prohibited.
2. Ordering Goods
2.1 All orders placed through our website will be subject to our acceptance of the order.
2.2 When you submit an order to us on our website you will receive a 'bounce back' confirmatory email of this order saying that we are processing your order. You will then receive a second email from us acknowledging your order and giving you estimated timescales for delivery. You should check both emails for accuracy and let us know immediately if there are any errors. Neither of these emails constitute acceptance of the order by us. Your order will be accepted by us (and a contract will then be formed between us) when we despatch the goods to you. Title to the goods will pass to you on delivery.
2.3 Product descriptions and photographs have been used from our suppliers for you as the end user and are provided for your viewing only. We are confident that the information is accurate to the product in hand and will help you to understand the product in depth. All sizes where quoted are approximate only and colours may vary due to manufacturing runs and computer screen settings. If you believe as product has any incorrect information or any incorrect image could you please contact us immediately and we will make the necessary amendments.
2.4 All Guarantees in respect of Goods are provided entirely by the manufacturers or UK Importers and are subject to the terms contained in their own Guarantees. You are reminded to complete all warranty cards/documents upon receipt of the Goods where appropriate and Exmouth Cycles accept no responsibility for any failure on your part to do so.
2.5 Should you wish to cancel your order or return any goods, please go to the Returns section for further information.
3. Processing your orders and payment
3.1 If you are paying for your order through your Very account, the relevant payment will be shown on your next statement.
3.2 Whilst it is our intention to keep our website up to date and error free, product description or pricing errors may occur. If we discover such an error after you have submitted an order to us, we will contact you prior to accepting your order with the correct details. You may then either cancel your order or re-confirm it based on the correct information. If we are unable to contact you, we will treat your order as cancelled.
3.3 All prices shown on our website are inclusive of VAT. Delivery charges are clearly highlighted throughout the site. For further information on delivery charges see the Delivery section.
4.1 We can only deliver to addresses within the United Kingdom.
4.2 In normal circumstances, if you place an order after 12 noon. on a Thursday your order will be despatched on Friday for delivery on Monday (unless a Saturday delivery option is selected at the checkout). If you place an order after 12 noon on a Friday your order will be despatched on Monday for delivery on Tuesday. The service is next working day (provided you place your order before 12 noon) excluding a Saturday as a working day.
4.3 Whilst we make every effort to deliver goods on the day we specify, we cannot guarantee delivery on that day or accept liability for deliveries made outside this timescale. This also applies to products sent direct from our manufacturers. We cannot accept liability for out of pocket expenses or other costs incurred due to failed or delayed deliveries. However, if we are aware of the delay an Exmouth Cycles’ representative will contact you as soon as possible to inform you of any issue.
4.4 All items are subject to stock availability.
4.5 When we deliver your items to you maybe asked to sign for the goods to acknowledge that you have received them. However, if you request that the package is to be left somewhere without a signature, this will only be done at the discretion of the driver and you will be fully responsible for the delivered item from the time that the driver leaves it. We can deliver to a different address then your billing address with the United Kingdom and you can arrange this by adding your preferred delivery address at the checkout.
4.6 If you need an order delivered on the next working day but it is after 12 noon, please e-mail or call us and Exmouth Cycles will endeavour to despatch your order up until our courier collects at about 4 p.m.
5.1 All items offered are subject to availability and we reserve the right to refuse any order. Online prices may be different from the in-store prices and our shops may not carry the same stock and offers as are available online.
5.2 Returns will only be accepted in un-opened packaging and you must return them within 7 days of receipt, with all of the tags still on them as they were purchased and you will be responsible for the cost of returning the unwanted item to us.
6.1 The use of our site and any contracts formed are governed by English law. Overseas orders will not be accepted.
6.2 All products are sold on the basis that they are for personal, domestic use only.
6.3 Exmouth Cycles and its owners will not be responsible for any injury or damage caused as a result of using any equipment purchased from Exmouth Cycles. Goods purchased from Exmouth Cycles are used at your own risk. Please be careful.
6.3 We shall not be responsible to you whether in contract, tort (including negligence) or otherwise for incidental, special, indirect or consequential loss or damage, any loss of profit (direct or indirect), loss of sales, loss of goodwill or reputation, loss of business, third party claims, pure economic loss arising out of or in connection of the performance or non performance of our obligations under these terms and conditions including such damage as may be reasonably foreseeable at the date you order the goods.
6.4 Nothing in these terms and conditions shall exclude or restrict our liability for death or personal injury caused by our negligence.
6.5 Our liability for any claim for loss or damage shall be limited to the sum paid by you for the goods.
6.6 A person who is not a party to these terms and conditions shall have no right to enforce any term under the Contracts (Rights of Third Parties) Act 1999.
6.7 If any provision of these terms and conditions is found to be invalid or unenforceable by a court the invalidity or unenforceability of such provision shall not affect the other provisions of these terms and conditions.
6.8 We may assign or transfer any of our rights or sub contract any of our obligations under these terms and conditions to any third party.
6.9 You may not assign or transfer any of your rights or sub contract any of your obligations under these terms and conditions except with our specific permission in writing.
6.10 We reserve the right to change these terms and conditions from time to time and any such changes will be communicated on our website.
6.11 There are links on our website to third party websites which we believe may be of interest to you. We do not have any control over the content of these websites nor can we be liable in respect of anything contained on these websites.
6.12 These terms and conditions govern the entire trading relationship between you and ourselves and will remain in force for the duration of our trading relationship.
6.13 All intellectual property rights (including use of trade marks) shall be solely owned by us. You are permitted only to use material on this website as expressly authorised by us or our licensors.
6.14 Any unauthorised use of material on this site is strictly prohibited.
6.15 We will use reasonable endeavours to verify the accuracy of any product or pricing information which we place on the site but we make no warranties (whether express or implied) in relation to the accuracy of such information).
6.16 We may close your account or terminate our trading relationship by giving you notice of at least seven (7) days. This does not affect your obligation to repay any amounts you owe to us.
6.17 These Terms and Conditions supersede all previous Terms and Conditions, representations, undertakings and agreements. (Updated October 2005).
7.1 We are the operators of this website, and the contents of it are either our property (or that of our affiliated companies) or are used under licence from our suppliers. We are the owners of the compilation of information in this website.
7.2 Our rights, and those of our affiliates and suppliers, are protected by UK, European, and International intellectual property laws, including those for the protection of copyrights, trademarks, and database rights. Misuse of this website may incur civil liability or attract criminal sanctions.
7.3 We grant you a limited, non-exclusive and revocable licence to access our website for the purposes of browsing our product offer(s), ordering goods or services from us, or obtaining contact information for us.
7.4 Your licence to access our website does not extend to any commercial use of our website, or to any use of our website whatsoever which is for the benefit of any commercial entity other than us .
7.5 You are permitted to link to our homepage, provided that the link is not misleading, false, derogatory, or otherwise prejudicial to our (or our affiliates) suppliers interests, but you are expressly not permitted to use any of our logos or graphics either as or in connection with such a link.
8. Links from this website
We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
9. Order Acceptance
Your order will be accepted by us, and a contract will then be formed between us, when we dispatch the goods to you.