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Terms

Table of Contents

- Glossary of Terms
- Access
- Registration
- Indemnity
- Our Rights
- Third Party Links
- Cookies
- Purchase of Products
-- Order Process
-- Consumer Contracts Regulations 2013
- Description of Products
- Gift Vouchers
- Promotional Discounts
- Intellectual Property
- Right to Use
- Compliance with Laws
- Limitation of Liability
- Severance
- Waiver
- Survival
- Entire Agreement
- Law
- Contact
- Complaints
- Company Details

Glossary of Terms
In these 'Terms and Conditions' the following terms shall have the following meanings:

'We, Us, Our, Scotby Cycles'
Scotby Cycles Ltd, Church Street, Caldewgate, Carlisle, CA2 5TL. Company Reg. No: 04471127

'Scotby Cycles Online'
Refers specifically to Scotby Cycles Ltd trade via this website

'You, Your'
The Customer/Consumer.

'Website'
Our website

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Access
You are provided with access to this website in accordance with these conditions and any orders placed by you must be placed strictly in accordance with these conditions.

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Registration
The Personal Information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and you agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

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Indemnity
You agree fully to indemnify, defend and hold us, and our directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the conditions by you or any other liabilities arising out of your use of this website, or the use by any other person accessing the website using your shopping account and/or your personal information.

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Our Rights
We reserve the right to: modify or withdraw, temporarily or permanently, this website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the website; and/or change the conditions from time to time, and your continued use of the website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the conditions have been changed. If you do not agree to any change to the conditions then you must immediately stop using the website.

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Cookies
Cookies are tiny text files, which are stored on your web browsers cache. Our website uses these files to remember the items that are in your basket and other aspects that make this website easier for you to use. Cookies are used on all shopping websites and are an essential part of any website, by using the website you agree to us setting those cookies.

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Purchase of Products

Orders
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the website.

The contract will be concluded in English.

The technical steps required to create the contract between you and us are as follows:

  1. You place the order for your products on the website by pressing the confirm order button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the website.
  2. We will send to you an order acknowledgement email detailing the products you have ordered. This is not an order confirmation or order acceptance from us here at Scotby Cycles.
  3. As your product is shipped from our store we will send you a despatch confirmation email.
  4. Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the products ordered unless we have notified you that we do not accept your order, or you have cancelled it and that we have aknowleged your cancelation request.

Non-acceptance of an order may be a result of one of the following:

  • The product you ordered being unavailable from stock.
  • Our inability to obtain authorisation for your payment.
  • The identification of a pricing or product description error.
  • You not meeting the eligibility to order criteria set out in these Terms & conditions.

If you do require any information regarding orders you have placed with us here at Scotby Cycles please contact us either via writing or email.

Scotby Cycles Ltd
Church Street
Carlisle
CA2 5TL

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Consumer Contracts Regulations 2013

This legislation offers you the following cancellation rights when you buy online or by phone.

Find out more about our returns policy which is incorporated into these conditions.

  • You are entitled to cancel your contract if you so wish, provided that you exercise your right no longer than 60 days after the day on which you receive the goods or services.
  • Your right to return products does not apply to goods made to your specification, that have been clearly personalised.
  • If you wish to exercise your right of cancellation, you are obliged to retain possession of the goods and take reasonable care of them.
  • To exercise the right to cancel, you must inform us of your decision to cancel your contract by a clear statement using our returns form which was enclosed with your original order and is available to download from our returns page - include your order reference and if different to the details we have on hand from time of ordering the attach details of your name, geographical address, details of the order you wish to cancel, your phone number and email address.

You can cancel by email: returns@scotbycycles , or call 01228 546931, or write to:.

ONLINE RETURNS
Scotby Cycles Ltd
Church Street
Carlisle
CA2 5TL

If you decide to cancel, you should return the goods to us at your cost within 60 days of receipt and we will reimburse to you (by the method used to pay for the original transaction) the amount in relation to goods to which cancellation rights apply. This includes the cost of delivery (except for the supplementary costs arising if you choose a type of delivery other than our standard and least expensive method of delivery).

We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement no later than 14 days after the day we receive back from you any goods supplied.

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Description of Products
Each Product purchased is sold subject to its product description which sets out additional Specific conditions related to that product including, without limitation, terms and conditions concerning estimated delivery dates and times, warranties, after-sales service and guarantees.

We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the website as up to date as possible, the information including product descriptions appearing on this website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a product until your order is accepted in accordance with our order acceptance policy.

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Gift Vouchers
Find out more about our gift voucher policy which is incorporated into these conditions.

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Promotional Discounts
Coupons, discounts and promotional discount codes offered by Scotby Cycles are valid only for use as part of a purchase made via our website, unless otherwise stated. Such promotional discounts are not valid for use as part of a purchase made in store, or for telephone orders.

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Intellectual Property
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.

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Right to Use
You acknowledge and agree that the material and content contained within the website is made available for your personal non-commercial use only and that you may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

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Compliance with Laws
The website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the website and any transactions conducted on or through the website.

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Limitation of Liability
While we will use reasonable endeavours to verify the accuracy of any information we place on the website, we make no warranties, whether express or implied in relation to its accuracy. The website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the website, or any transaction that may be conducted on or through the website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

We make no warranty that the website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website.

To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products. This does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.

We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the conditions for:

  • any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
  • any loss of goodwill or reputation; or
  • any special or indirect losses

suffered or incurred by that party arising out of or in connection with the provisions of any matter under the conditions.

Nothing in the conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

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Severance
If any part of the conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the conditions and shall not affect the validity and enforceability of any of the remaining provisions of the conditions.

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Waiver
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

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Survival
Each provision of the conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

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Entire Agreement
These conditions govern our relationship with you. Any changes to these conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what Scotby Cycles and you are expected to do. You confirm that, in agreeing to accept the conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these conditions and you agree that you shall have no remedy in respect of any representation. Your statutory rights are not affected by these terms and conditions. Nothing in this clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the conditions.

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Contact
For any queries regarding our service, please contact us via email (sales@scotbycycles.co.uk), phone (+44 1228 546 931) or post (see below) via this link for our contact form.

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Complaints
If for any reason you feel the need to raise a concern regarding our quality of service or any aspect of our business please feel free to do so, you can contact us via any of the methods detailed above or below this paragraph. We do welcome such feedback from our customers and any concerns you have will be honestly considered.

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Company Details

Scotby Cycles Ltd
Registered Office: Church Street, Caldewgate, Carlisle, CA2 5TL
Registered in England. Company Registration Number: 04471127
VAT No: 410 496 571

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