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These Terms of Business
contain important information and govern your use of the
website (this site) of Biketopbox.com, and any services
contained within the site. By placing an order for goods
you confirm your agreement to our terms and conditions,
including the Privacy Policy, as set out below.
These are the Terms of
Business of NS Import Limited (English company
registration number: 05185976) of Unit 11 Fitzherbert
Spur, Farlington, Portsmouth, Hants, PO6 1TT (VAT: GB
852 0263 51) are referred to as the “Seller” or “we”,
and you are the “Buyer” or “you”.
If you want to ask us
anything about these Terms of Business please contact us
by email at
nextday@email.com
1. Conditions
1.1. An order for goods you place shall be subject to
these terms and conditions.
1.2. All other terms and conditions express or implied
by statute or otherwise are excluded to the fullest
extent permitted by law.
1.3. Nothing in these terms and conditions shall affect
the statutory rights of any consumer.
2. Customer’s right to
cancel
2.1. In accordance with the Distance Selling (Consumer
Protection) Regulations 2000, orders can be cancelled by
you, the Buyer, up to 7 working days after the goods
have been received by you and have any monies refunded
in full. You must notify the Seller either by email or
postal letter if you wish to have your order cancelled
within 7 working days of the goods being delivered to
you. If goods have already been dispatched you will have
to return the goods to us at your own expense. Any
payment for goods made by you will be refunded by us
once the goods have been received at NS Imports Ltd,
Unit 11 Fitzherbert Spur, Farlington PO6 1TT (“our
Premises”) and the goods have been inspected. After 7
working days normal refund policies will apply.
3. Orders
3.1. You may only purchase goods from us if you are aged
16 or over. If you are under sixteen, you may order
Goods in conjunction with, and under the supervision of,
a parent or guardian. You will need an active email
address, a telephone number at which you can be easily
contacted and an address for delivery.
3.2. All orders for goods shall be deemed to be an offer
by you to purchase goods pursuant to these terms and
conditions (“the Order”) which, if accepted by us will
result in a legally binding contract.
3.3. You are responsible for ensuring the accuracy of
the details you provide to us and we will not be obliged
to accept an order unless all the details we request at
the time of the Order have been accurately provided.
3.4. We will acknowledge receipt of your offer to
purchase the goods online, by e-mail (where applicable)
or by telephone.
3.5. Any offer to purchase made by you, the Buyer, will
only be deemed accepted by us once the goods have been
dispatched to you.
3.6. We reserve the right to refuse or reject any order
placed by a buyer without issuing a reason.
3.7. The Buyer acknowledges that the Goods are provided
in component form and are subject to assembly by the
Buyer and all nuts and bolts need to be checked before
use.
4. Price and Payment
4.1. The price of the goods will be the price quoted on
the relevant webpage on the date the Order is received
or by telephone conversation between you and us and
confirmed by us in writing (whether by email or
otherwise), and will include VAT and delivery charges
unless expressly stated otherwise.
4.2. Prices are effective for 28 days from date of our
confirmation of your offer to purchase.
4.3. Goods shall be paid for prior to shipping by
receiving payment through secure online links such as
Pay Pal and Google checkout, or by giving us your
credit/debit card details you authorise us to charge
your card or received bank transfer for the sum to be
paid for the goods.
4.5. We reserve the right, by giving notice to you, at
any time before delivery to increase the price of the
goods to reflect any increase in the cost to us, which
is due to any factor beyond our control (such as without
limitation, any foreign exchange fluctuation,
significant increase in the costs of labour, materials
or other costs of manufacture). In the unlikely event of
there being such an increase in the price of the goods
you shall be entitled to cancel the Order at any time
before delivery.
4.6. By placing an order you consent to payment being
charged to your Pay Pal account or credit card / debit
card (“the Card”) as provided by you.
4.7. We will take payment from the Card at the time the
Order is placed once we have checked your Card details
and stock availability. Goods are subject to
availability. We will contact you if it we encounter
problems taking payment from the Card details you
provided. Taking payment does not mean we have accepted
the Order and, in the event of the Order not being
accepted, a full refund will be given as soon as is
practicably possible where payment has already been
taken (and in any event within 28 days of us advising
you that the Order has not been accepted).
4.8. Title to the goods will pass to you on delivery of
the goods. 5.
Delivery
5.1. The goods will be delivered to you at the address
you provided when ordering the goods.
5.2. You undertake to check the goods are those that you
have ordered and that the order is complete prior to
signing for the goods. In the event that our courier
declines to wait for you to check the goods or at all,
unchecked goods shall not be taken as conclusive
evidence that the goods have not been delivered to you.
5.3. The risk in the goods shall pass to you upon such
delivery taking place.
5.4. Any dates quoted for delivery of the goods are
approximate only and we shall not be liable for any
delay in delivery of the goods however caused.
6. Storage
6.1. If we are unable, through circumstances beyond our
control (including without limitation lack of shipping
instructions from the Buyer), to deliver the goods
within 14 days after notification to you or your agent
that the goods are ready for delivery, we shall be
entitled to arrange storage on behalf of you, whereupon
delivery shall be deemed to have taken place, all risk
in the goods shall pass to you, and delivery to you of
the relevant warehouse receipt shall be deemed to be
delivery of the goods for the purposes of Condition 5.
All charges incurred by us for storage or insurance
shall be paid by you on demand and prior to us providing
access to you to collect of the goods.
7. Damage in transit
7.1. We will replace free of charge any goods proved to
our satisfaction to have been damaged in transit
provided that within 24 hours after delivery both we and
the carriers have received from you notification in
writing of the occurrence of the damage and also, if and
so far as practicable, of its nature and extent.
8. Return of goods,
refunds and Warranty claims
8.1. You, the Buyer, will inspect the goods as soon
after delivery as is reasonably practicable and will
notify us of any shortages, defects in the goods or any
other complaint in respect of them within 5 working days
from the date the goods were delivered. Save in respect
of any shortages or defects if you fail to comply with
this clause we will not be held legally liable in
respect of any other complaint which should have been
brought to the our attention within this period.
8.2. We shall replace defective goods where the defects
appear under proper use within 14 days from the date of
delivery, provided that:
a) notice in writing of a defect complained of shall be
given to us within 24 hours of the Buyer becoming aware
of the defect or the time a reasonable person would have
become aware of it, whichever is earliest;
b) such defects shall be found to our reasonable
satisfaction to have arisen solely from the good’s
faulty design, workmanship or materials;
c) the defective goods shall be returned to our Premises
at your expense if so requested by us;
d) the defective goods are returned with proof of
purchase and a original delivery note;
e) the goods have not been subject to a fall or shock,
after purchase or been mishandled or been modified in
any way;
f) the defective goods have been properly stored,
maintained and treated with care;
8.3. Alternatively to clause 8.2, we shall be entitled
at our absolute discretion to refund the price of the
defective goods in the event that such price shall
already have been paid by you to us.
8.4. You shall not be entitled to return goods to us
without our prior approval in writing. Goods received by
us in the absence of prior approval shall be returned to
you unopened.
8.5. All conditions and warranties implied by statute,
delegated legislation and common law are excluded to the
extent permitted by law.
9. Buyer’s Warranties
9.1. You warrant, guarantee, represent and undertake
that:
a) all details provided by you for the purpose of
purchasing the goods are correct, that the Card used to
purchase the goods is your own and that there are
sufficient funds and/or sufficient unused limit
available to cover the cost of the goods;
b) you are of legal age in the jurisdiction where the
goods are to be operated;
c) you have satisfied yourself that the goods are
suitable for your purposes and that you have not relied
upon any description provided by us when entering into
this Agreement. All descriptions provided by the Seller
are intended as approximations; and
d) in the performance of this Agreement you will comply
with all laws, rules, regulations, decrees and other
ordinances issued by any supra-governmental,
governmental, state or other authority relating to the
subject matter of this Agreement and to the performance
of its obligations hereunder.
e) The defect existed in the Goods at the time of
delivery of the Goods or arose from a manufacturing
fault, faulty materials or workmanship, and did not
result from any modification or alteration of the Goods
by the Buyer, or from normal deterioration, or from
improper or faulty connection, installation, handling,
storage or use of the Goods by you, or any failure by
you to comply with the instructions provided by us;
10. Force Major
10.1 We will use all reasonable endeavours to carry out
our obligations within a reasonable period of time but
we will not be liable to you for any loss, costs or
expenses arising directly or indirectly from any delays
in doing so and we will not be deemed to be in breach of
this Agreement by reason of any delay in performing, or
any failure to perform, any of our obligations in
relation to this Agreement, if the delay or failure was
due to any cause beyond our reasonable control.
10.2 If we are prevented from carrying out our
obligations in the above circumstances, we will notify
you in writing. If we are still prevented from carrying
out our obligations 14 days from the dated such notice
was sent, then either party may give written notice to
the other cancelling the contract. If the Agreement is
cancelled in this way we accept no liability to
compensate you for any loss or damage caused by failure
to perform. 11.
Limitation of liability
11.1. Nothing in these terms and conditions excludes or
limits liability for death or personal injury caused by
our negligence, fraudulent misrepresentation, or any
other liability which may not otherwise be limited or
excluded under applicable law.
11.2. Except where you, the Buyer, are dealing as
consumer (as defined in the Unfair Contract Terms Act
1977 section 12 as amended) we do not give any warranty,
guarantee or indemnity as to quality, fitness for
purpose or otherwise of the goods.
11.3. If and to the extent that s 6 and/or s 7(3A) of
the Unfair Contract Terms Act 1977 applies to the Order,
no provision of these terms and conditions shall operate
or be construed to operate so as to exclude or restrict
our liability for breach of the applicable warranties as
to title and quiet possession implied into the terms and
conditions of the Order by s 12(3) of the Sale of Goods
Act 1979.
11.4. Our liability under this clause shall be to the
exclusion of all other liability to you, the Buyer,
except for the exclusive remedies set out at clause 8
above, whether in contract, tort (including, without
limitation, negligence), or misrepresentation (other
than fraudulent misrepresentation) or otherwise without
limitation for defects in the goods or for any loss or
damage to or caused by the goods, and all other
conditions, warranties, stipulations or other statements
whatsoever concerning the goods, whether express or
implied, by statute, at common law or otherwise
howsoever, are hereby excluded; in particular (but
without limitation of the foregoing) the Seller grants
no warranties regarding the fitness for purpose,
performance, use, nature or quality of the goods,
whether express or implied, by statute, at common law or
otherwise howsoever.
11.5. Notwithstanding the above, subject to clause 11.1,
NS Imports Ltd aggregate liability (whether in contract,
tort or otherwise) for loss or damage shall in any event
be limited to the price of the goods specified in the
Order in respect of one incident or any series of or
related incidents attributable to the relevant Order.
11.6. The Buyer acknowledges that we have priced our
products based on these limitations of liability.
12. Intellectual
Property
12.1. The copyright in the material contained in our
advertisements and promotional material and any
trademarks and brands included in that material belongs
to NS Import Limited or its third-party licensors.
13. Information supplied
by the Seller
13.1. We will attempt to ensure that the information
available in our advertising and other materials is at
any time is accurate. We will use all reasonable
endeavours to correct errors and omissions as quickly as
practicable after becoming aware or being notified of
these. However, we will not be held liable for any
errors or omissions.
13.2 All drawings, descriptive matter and specifications
of the goods on the website are for the sole purpose of
giving an approximate description of the goods. The
goods may differ slightly from the images shown.
14. Privacy Policy
14.1 We collect personal data for the purposes of
preparing and delivering orders to you.
14.2 We will not pass on any sensitive information
obtained from you including email addresses, home and
work addresses, phone numbers and payment details to any
third parties who are not absolutely necessary to the
task of processing an order or enquiry except if you
specifically ask for you details to be passed on.
15. General
15.1 If any provision of these terms and conditions is
held by any competent authority to be invalid or
unenforceable in whole or in part, the validity of the
other provisions of this Agreement and the remainder of
the provision in question will not be affected.
15.2 English law will apply to this contract, and the
parties agree to submit to the exclusive jurisdiction of
the English courts.
15.3 The parties shall not be entitled to assign any
right or obligation arising from this Agreement or the
relationship between the parties.
15.4 The headings in this agreement are for convenience
only and will not affect their interpretation.
15.5 These Terms of Business, including the documents or
other sources referred to herein supersede all prior
representations understandings and agreements between
you and NS Imports Limited and sets forth the entire
agreement and understanding between you and NS Imports
Limited. Each party warrants to the other that it has
not relied on any representation, arrangement,
understanding or agreement (whether written or oral) not
expressly set out or referred to in this Agreement.
Variations to this agreement must.
15.6 All notices and other communications hereunder
shall be in writing and shall be deemed to have been
duly given on the third business day following receipt.
15.7 The parties shall not be entitled to make any
public statement in respect to the goods in the absence
of the prior approval of the other party in writing.
15.8 Notwithstanding that the whole or any part of any
provision of this Agreement may prove to be illegal or
unenforceable the other provisions of this Agreement and
the remainder of the provision in question shall remain
in full force and effect.
15.9 A person who is not a party to this contract has no
right under the Contracts (Rights of Third Parties) Act
1999 to enforce any terms under this User Agreement but
this does not affect any right or remedy of a third
party specified in this Agreement or which exists or is
available apart from that Act.
16. Queries and
Complaints
16.1 We aim to respond to e-mail, faxed and written
queries within 2 days. We are usually available to
answer telephone queries seven days a week between
9.00am and 7.00pm. Mail should be sent to Unit 11
Fitzherbert Spur, Farlington, Portsmouth, Hants, PO6
1TT.
16.2 In respect of complaints, we will consider the
nature of the complaint and will contact the complainant
within 21 days of the complaint giving the result of the
enquiries and what it proposes should be done.
17. Trademarks and
Copyright
17.1 The trademarks, names, logos and service marks
(collectively "trademarks") displayed on this website
are registered and unregistered trademarks of the
Website Owner. Nothing contained on this website should
be construed as granting any licence or right to use any
trademark without the prior written permission of the
Website Owner.
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