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Terms & Conditions

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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Copyright © 2009 NS Imports Ltd. All rights reserved.
Reproduction in whole of any part, form or medium without express written permission is prohibited.