Terms & Conditions of Sale
General
The Seller is OnBike Limited also referred to here as OnBike and OnBike.co.uk. The Buyer is any person or company who buys or has agreed to buy Goods from the Seller. ‘We’, ‘Us’ and ‘Our’ means the Seller, ‘You’ and ‘Your’ means the Buyer. Goods means any goods supplied by us in accordance with these Terms & Conditions of Sale.
Terms & Conditions supersede any of our previous Terms & Conditions. Any variations of these Terms & Conditions must be confirmed in writing by us and will not otherwise be valid. Any waiver of these Terms & Conditions that we may grant shall merely act as a waiver on that occasion, and shall not affect our right to enforce these Terms & Conditions on any further occasion. No Terms & Conditions stipulated by the Buyer shall have effect unless otherwise agreed in writing by us.
On Premises Purchasing/Contracts
All on premises purchasing (and therefore contracts) are final. We only accept returns or cancellations where goods are not of satisfactory quality, do not match a sample or do not match a model seen or examined as defined by the Act. You are encouraged to fully inspect goods prior to completing the contract and before leaving the premises as refunds will not be given.
Changes
We reserve the right to change details, products, product specifications and prices on any part of this site, including these terms and conditions, at any time and without notice. We will, however, honour any bona fide order made before such changes. If we decide to change our Terms and Conditions, we will post those changes on this page.
Law
This contract is governed by the Law of England.
Conditions of Website Use
No contract will exist between the Buyer and OnBike Limited of any goods unless and until we accept your order confirming that goods have been dispatched. That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time that we send the e-mail to you (whether or not you receive that e-mail).
For the avoidance of doubt, any such contract will be deemed to have been concluded in the UK. Further, any such contract will be interpreted, construed and enforced in all respects in accordance with the laws of England and the Buyer and OnBike Limited irrevocably submit to the non-exclusive jurisdiction of the English Courts. Except as specifically stated on this Web site, to the fullest extent permitted at law, neither OnBike Limited nor any of its affiliates, directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this Web site or the information, content, materials or goods included on this site.
This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
For the avoidance of doubt, OnBike Limited does not limit its liability for death or personal injury to the extent only that it arises as a result of the negligence of OnBike Limited, its affiliates, directors, employees or other representatives.
The OnBike.co.uk web site is owned and operated by ONBIKE LIMITED (Company No. 06759982), a company registered in England and Wales whose registered office is at 52-53 Upper Tything, Worcester, Worcestershire WR1 1JY.
Trademarks
OnBike.co.uk Limited, OnBike.co.uk Ltd, OnBike.co.uk, OnBike and the OnBike logo are trademarks of OnBike Limited. Other product and company names mentioned on this Web site may be the trademarks or registered trademarks of their respective owners.
Copyright
All Web site design, text, graphics, the selection and arrangement thereof and all software compilations, embedded source code, software (including applets) and all other material on this Web site are copyright of OnBike Limited and its affiliates or their content and technology providers. All Rights Reserved.
Any use of materials on this Web site, including reproduction for purposes other than those noted in these Terms and Conditions, modification, distribution, or re-publication, without the prior written permission of OnBike Limited is strictly prohibited.
Your Rights
OnBike Limited is a UK based company and complies with UK consumer law including the Consumer Contracts Regulations 2013. This means that shopping with us is safe. Our Terms and Conditions do not affect your statutory rights.
Pricing
At OnBike we strive to keep our overheads low and pass the savings to you. We closely monitor other retailers in order to maintain our competitive pricing. We try to ensure that the prices on our web site are correct.
If an error is discovered in the price of the goods that you have ordered we will contact you to let you know the correct price and ask you whether you still wish us to fulfil your order at this price. We shall be under no obligation to fulfil an order for a product which was advertised at an incorrect price. We shall give you the option of confirming the order at the correct price or if you so choose, to cancel the order altogether.
If you cancel and have already paid for the goods in the circumstances described in this clause, we shall refund the full amount in accordance with these Terms. If we are unable to contact you we will treat the order as cancelled.
We will do our best to correct any pricing errors as quickly as practicable after being notified of them.
Product Availability / Out Of Stock Items
We will contact you in the event of a problem with availability of any goods. You may then wish to cancel the order or wait until the item becomes available.
Marked Down Products
From time to time we may sell marked down products for any reason. These products will be sold as described and you will need to read the description for the warranty terms and condition. Our returns policy still applies unless otherwise stated.
Orders & Specifications
The buyer shall be responsible to us for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by them and for supplying any necessary information to us relating to the goods within a sufficient time to enable us to perform the contract in accordance with those terms.
The quality, description and quantity of and any specification for the goods shall be those set out by us (if accepted by the buyer) or the buyers order (if accepted by us)
For any goods manufactured, the buyer shall indemnify us against all claims, loss, damages and expenses incurred or for any infringement of patent, copyright, design, trademark or other intellectual property rights for which we may become liable by following the requirements or specification supplied
We reserve the right to make any changes to the specification of any goods, which are required to conform to any statutory or safety requirements. Manufacturer’s specifications may change at any time.
We try to ensure that details of goods and technical content provided on our web site are correct. We do not accept liability for any errors and omissions in this respect and reserve the right to change information, specifications and descriptions of listed goods, products and services. We will do our best to correct errors and omissions as quickly as practicable after being notified of them.
Payment
For offline orders we accept Visa and Mastercard Credit and Debit cards (£) Sterling Postal Orders, Personal Cheques (made payable to: OnBike Ltd), (£) Sterling Bank Drafts and (£) Sterling Bank Transfers. All payments must be cleared before goods are dispatched. We recommend that you do not send cash through the post.
Deposits
All deposits are non-refundable.
Delivery
Unless you have chosen a premium guaranteed delivery service, the period stated within which you will receive your order is approximate. Goods will be sent to the address given by you in your order and stated in the Order Confirmation. Please note that your goods may be sent to you in instalments. You may cancel your entire order with us if subsequent instalments forming part of your order are not delivered by us. Free delivery applies to UK mainland deliveries only.
Please note that our couriers own terms state up to 48hours for next working day delivery. Charges for premium guaranteed delivery services are per consignment to the same address as part of the same order. All deliveries must be signed for. After repeated failed delivery attempts our couriers may request that you collect the goods from their depot or distribution centre; you are responsible for the collection, all charges for collection and the care of the goods. Goods not collected by you will be returned to us and we will treat the order as cancelled.
Often, small items under 5kg will be sent by Royal Mail and may not need to be signed for, if they can be posted or left in a safe place. Shipping costs to locations outside of mainland UK will be supplied on request. If your delivery address is outside of mainland UK, you may be subject to import duties and taxes, which are levied once a shipment reaches your country. Any such additional charges for customs clearance must be borne by you.
You should note that customs policies vary widely from country to country; we advise each customer to contact their local customs office for further information. Please note that when shipping products internationally, you should be aware that cross-border shipments are subject to opening and inspection by customs authorities.
For additional delivery details please see our Delivery page.
Force Majeure
OnBike Limited will not be liable to the Buyer or deemed to be in breach of contract because of any delay or non-performance directly or indirectly due to any cause beyond our reasonable control including without limitation lack of adequate instructions from the Buyer, Governmental regulations or requirements, Acts of God, unavailability of materials, work stoppages, strikes, slowdowns, boycotts or other industrial action and in such case may wholly or partially suspend shipment of Goods.
Risk
(a) Risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery of the Goods. (b) Delivery of the Goods shall be deemed to take place at the time the same are dispatched addressed to the Buyer, placed in the hands of our delivery agent.
Test Rides
All test rides undertaken are done so at the rider’s own risk, and as a result, the rider is personally responsible for their actions whilst in charge of the cycle: OnBike accepts no liability whatsoever for any damage caused to persons, property or third parties during a test ride.
Cycle to Work
Deposits may be requested by OnBike for ebikes that will be supplied under a cycle to work scheme. This is a formal commitment on the customer’s part that they are entering an agreement with OnBike to make a purchase. On production of the cycle to work scheme voucher this sum will be refunded to the customer in full.
In the event that the customer withdraws their application to a cycle to work scheme or is unable to proceed for any reason with the purchase, then our policy of non-refundable deposit will apply.
Ownership
At our discretion, ownership of the Goods may not pass from us to the Buyer until the Buyer has made a payment in full thereof (and any other monies owing to the Seller).
If payment is not made in accordance with these Terms & Conditions of Sale, we shall have the right (without prejudice to the obligation of the Buyer to purchase the Goods, and to any other remedy that may be available to us) to retake possession of Goods not fully paid for.
Cancelling an Order Placed via Internet, Mail or Telephone
OnBike Limited complies fully with the Consumer Contracts Regulations 2013 which are designed to protect you when buying items via the Internet, Mail Order and Telephone. This gives you the right to cancel an order for any reason within 14 days of receipt. You may exercise your right by returning the goods to us within this cancellation period for a refund provided they are unused (unfitted where applicable) and in original condition (including all contents and packaging).
RIGHT TO CANCEL
Under the The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you have the right to cancel distance and off-premises contracts within 14 days without giving a reason.
The cancellation period will expire 14 days from the date on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right to cancel, you must inform us, OnBike Electric Bikes, 52-53 Upper Tything, Worcester WR1 1JY, 01905 611774 info@onbike.co.uk of your decision to cancel the contract by a clear statement (e.g. a letter sent by post or e-mail). You may use the below ‘model cancellation form’ but it is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. We recommend that you send this by email however if you choose to do this by post then we recommend that you use a signed for service.
EFFECTS OF CANCELLATION
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you choose a type of delivery other than the least expensive type of delivery offered by us).
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 without undue delay, and not later than:-
(a) 14 days after the day we receive back from you any goods supplied, or
(b) (if earlier) 14 days after the day you provide evidence that you have returned the goods, or
(c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from the contract to us. The deadline is met if you send the goods back before the period of 14 days has expired.
You will have to bear the direct cost of returning the goods.
In addition, we strongly recommend you insure the item(s) being returned as we take no liability for any damage that occurs in transit. In the event of damage occurring in this way, we will make an appropriate deduction in value of the refund to reflect this.
You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods. The retail sales value of a used item is generally 60% of the new, unused value. THIS APPLIES EVEN IF A BIKE HAS BEEN RIDDEN ONLY ONCE. Please therefore ensure that the item has not been used at all unless you are likely to receive only 60% of what you paid for it when new.
Products requiring assembly must not have been assembled and all original protective packaging must not have been tampered with.
We are unable to accept returns of helmets, clothing or headwear for hygiene reasons, unless they have a manufacturing fault or we have sent them to you by mistake.
If you wish to cancel an order please email us immediately at info@onbike.co.uk or call us on 01905 611774. All returns must follow our simple returns process to ensure that we efficiently process your return. A returns form (below) is also available for use:
MODEL CANCELLATION FORM
To: OnBike Electric Bikes, 52-53 Upper Tything, Worcester WR1 1JY, 01905 611774 info@onbike.co.uk
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods,
Goods ordered on [date] / Goods received on [date],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
[*] Delete as appropriate.Complaints
Because we know that our business depends on the service we provide to our customers we welcome your feedback on any way that we can improve.
You can email us at any time at info@onbike.co.uk and we’ll do our best to reply within 24 hours. You can also call us on 01905 611774 (24 hour answering machine available). You can write to: The Managing Director, OnBike Limited, 52-53 Upper Tything, Worcester, Worcestershire WR1 1JY.