Terms and conditions of sale.
These are the terms and conditions of Off the Rock Cycles Ltd. If you access the Website, and/or place an order for goods, you agree to be bound by these terms and conditions. Please read these terms and conditions carefully before accessing and/or ordering any goods from the Website.
Off the Rock Cycles Limited’s registered address:
223 Seaview Road, Wallasey, CH45 4PD
Company Number: 10705407
VAT Number: GB280166804
Off the Rock Cycles Ltd
223 Seaview Road
Wallasey CH45 4PD
1- How to purchase a product
2- Pre-order with a deposit
3- Payment plan / Christmas Club
How to purchase online
Most products are sold from our premises on Seaview Road. However, to purchase online:
1. Select the goods you require from the Website and click ‘Add to basket’
2. Choose the quantity of goods you wish to purchase from Off the Rock Cycles (the default will be one (1) unit).
3. Review your basket and make sure all specifications such as size (see our sizing chart) and colour fit your requirements, then click “Secure Checkout”
4. If you are a new user you can either check out as a guest, or, can enter an email address and create a username and password for an account. You must keep your username and password confidential as they allow access to your account. To continue setting up an account you will need to enter your personal details, billing address (which must correspond with your payment card address) and delivery address
5. Once you have set up an account or decided to check out as a guest, you will be directed to the shipping confirmation and delivery options page where you may enter voucher codes, select the type of delivery, and vary delivery and/or billing addresses.
6. You will then proceed to the secure payment page where you may select the payment type and complete your order. Your payment will be collected from you by Paypal, on behalf of Off the Rock Cycles Ltd. Following submission of your order you will be sent an automated order acknowledgement to the email address provided.
7. After placing your order, you will receive an automated order acknowledgement. Please note that this does not mean that your order has been accepted. All orders are subject to acceptance by Off the Rock Cycles.
8.You will receive an email confirming that Off the Rock Cycles has accepted your order when your order has been processed and is ready for delivery .
9.Payment: You will be charged immediately by Paypal, whether from your own Paypal account or through your bank card.
In the event of us not being able to fulfil your order we will immediately refund the totality of the amount by Paypal. If you paid by card, Paypal will refund your card.
Pre-orders with deposits
Where stock items have been ordered from suppliers by Off the Rock Cycles but haven’t yet arrived, you can pre-order a specific product by putting down a deposit of 20% of the total sale value of that product.
Off the Rock Cycles will reserve the product for you for a duration of 14 days from the date the product was delivered to our premises. We will immediately inform you when the product has arrived. If we don’t hear from you, we will contact you again 10 days after the product has arrived, or the nearest working day.
You will need to pay the balance on collection.
Past 14 days, the product will be put on sale without further warning, and we will refund you the deposit you paid. You can still purchase the product but it will be on sale on a first come first served basis.
Pre-order of personalised or unusual goods
Where Off the Rock Cycles order on your behalf goods that are not normally in stock in the shop, or personalised goods, the same conditions apply as to pre-ordered products except that any deposit paid will not be refundable, to cover sale costs. We will advise you verbally when ordering such goods.
Payment plans / Christmas club accounts
For planned large expenses, Off the Rock Cycles offer customers the possibility to open a saving account.
A deposit of 20% on the total sale value of the product is required. Payment towards the item can be made as often as desired, of any amount. However, Off the Rock Cycles require the item to have been paid within 12 weeks maximum. Failure to do that will forfeit the sale. The product will be put back on sale. We will return the amount paid, minus a restocking fee amounting to 20% of the total sale value of the product.
Your personal data when registering as a customer
A description of the main characteristics of goods can be found on the product pages of the Website.
All specifications are advised by the manufacturer, however these can be subject to change by the manufacturer at any time, without prior warning.
Prices for goods on the Website appear on the product pages and include VAT.
Prices and offers may vary and may only be available for limited periods. All prices and offers are subject to availability and may be withdrawn or amended at our discretion. Prices are the same online or at our shop premises.
The Website contains a large number of goods and it is possible that, despite our best efforts, some of the goods listed on the Website may be incorrectly priced. If we discover an error in the price of the goods you have ordered we will inform you as soon as possible. We will give you the option of reconfirming your order at the correct price or cancelling it.
Price quotations are given on the assumption that no variation in the price will be made by the manufacturer/sole importer and that Government levies remain unaltered. In the event of such changes, the price of any orders placed before the variation will remain the same and no further increases will be passed to you.
Off the Rock Cycles Ltd is under no obligation to sell incorrectly priced goods to you at the incorrect price.
We reserve the right to cancel the contract between us if we, or our suppliers, have insufficient stock to deliver the goods you have ordered or if the delivery service provider does not deliver to your area.
Any goods displaying “ex display” on the image are heavily marked down in price to clear. They may have been a display model in one of our stores and as such may show signs of discolouration, slight marks and evidence of prior fitting/use. Faults are NOT of a serious or structural nature and are usually minor marks.
Data protection and privacy
Method of payment
You may pay by Paypal, Mastercard, VISA, VISA Debit, VISA Electron, American Express (AMEX), and Discover. Please ensure if you are using a card that you provide the card holder’s name as it is shown on the card, and the billing address corresponds as it appears on the card statement. Payment will be taken in GB pounds (£), and if applicable, your card will be charged according to the exchange rate at that time.
If you are purchasing a bike as part of the Ride to Work/Cycle to Work scheme, you need to bring the certificate to the shop along with ID.
Gift vouchers can be redeemed for goods or services at our shop premises. Gift vouchers are valid for 24 months after purchase. Any balance remaining after expiration of the validity period will be cancelled.
To help us prevent fraud, orders may require a landline telephone number. Card fraud is illegal, and perpetrators will be prosecuted.
We reserve the right to cancel an order if we suspect that there is a risk of fraud.
We currently do not offer delivery at check out. You need to contact the shop to arrange delivery prior to purchasing goods, when UK delivery charges and courrier firm will be confirmed to you.
Delivery costs are additional to the displayed price and vary depending on the delivery service you select, the country of delivery and the quantity/weight of goods ordered.
If you have already placed an order for local collection, but decided later you wanted the goods delivered, you have the option to cancel the order if you do not wish to pay for delivery costs.
We will use our reasonable endeavours to deliver the goods or services within the times indicated. However, where delivery times and dates are given, they are for general guidance only and we will not be held liable for late delivery of goods caused by circumstances beyond our reasonable control.
Returns and exchanges
Please contact us for return and exchanges. We only accept returns for goods that are in unused condition, and defective good.
If you have a query about returning goods, please contact us.
Warranty and limitation of our liability
If Off the Rock Cycles fails to comply with these terms and conditions, Off the Rock Cycles shall only be liable to you for the purchase price of the goods and any proven losses that you suffer as a result of Off the Rock Cycles ‘s failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.
Off the Rock Cycles will not be liable for losses that result from its failure to comply with these terms and conditions that fall into the following categories:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits;
(d) loss of anticipated savings;
(e) loss of data; or
(f) waste of management or office time.
(g) other indirect loss, consequential loss, damages or expenses.
Nothing in these terms and conditions is intended to exclude or limit Off the Rock Cycles ‘s liability for:
(a) death or personal injury caused by Off the Rock Cycles ‘s negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
(d) defective products under the Consumer Protection Act 1987;
(e) any other matter for which it would be illegal for Off the Rock Cycles to exclude or attempt to exclude its liability.
Whilst Off the Rock Cycles adopts industry standard protections against computer viruses, it is not able to warrant that this website is free from computer viruses or any other malicious or impairing computer program.
Nothing in these terms and conditions is intended to affect your statutory rights.
All warranties and guarantees in respect of goods are provided entirely by the manufacturers/UK importers and are subject to terms contained therein. You are reminded to complete all warranty/guarantee cards/documents upon receipt of the goods where appropriate.
Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
Any advice given by our agents or servants during the order process is based entirely upon information provided by you. Where advice is given after visual inspection by our agents or servants, such advice shall amount to an opinion only and we shall not accept liability for any inaccuracies therein. Goods supplied are supplied only to correspond to the purpose for which goods of that kind are commonly supplied and not for any alternative uses to which they may be put. We shall accept no liability for any failure of Goods due to any such alternative use, amendment or modification.
You confirm that you shall comply with any and all rules relating to installation of the goods and fully accept that we shall not be liable for any loss which results from forced, misdirected, inappropriate or unqualified installation of any goods or not adequately maintained the goods. Furthermore, we shall accept no liability for death or personal injury, unless caused directly by our own negligence.
Any goods, or parts of them, that are modified or adapted by you or any third party shall no longer be warranted by the manufacturer nor shall we be liable for any failures resulting from any such modification or adaptation.
Events outside our control
Off the Rock Cycles will not be liable or responsible for any failure to perform, or delay in performance of any of its obligations to you that is caused by events outside Off the Rock Cycles ‘s reasonable control (a “Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Off the Rock Cycles ‘s reasonable control and includes (without limitation) the following:
(a) Strikes, lock-outs or other industrial action;
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) Impossibility of the use of public or private telecommunications networks; or
(f) The acts, decrees, legislation, regulations or restrictions of any government.
In the event of a Force Majeure Event, Off the Rock Cycles ‘s performance is deemed to be suspended for the period that the Force Majeure Event continues, and Off the Rock Cycles will have an extension of time for performance for the duration of that period. Off the Rock Cycles will use its reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which its obligations to you may be performed despite the Force Majeure Event.
Applicable laws require that some of the information or communications Off the Rock Cycles sends to you should be in writing. By accessing the Website, you accept that communication with Off the Rock Cycles will be primarily electronic through e-mail or notices posted on the Website. For contractual purposes, by accessing the Website you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that Off the Rock Cycles provides to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
Intellectual property rights
Unless otherwise specified the intellectual property rights in the contents of all the pages in this website, are owned or licensed to Off the Rock Cycles Limited, or a member of the group of companies to which Off the Rock Cycles Limited belongs or are used with permission from the owner.
The contents of this website may not be copied, reproduced, modified, downloaded or used in any form without our prior written permission.
Off the Rock Cycles takes all feedback very seriously and aims to deal with complaints as quickly and effectively as possible.
For complaints relating to orders placed through the Website please email us. To assist Off the Rock Cycles Limited in dealing with your complaint, please detail all aspects of the complaint, your order number and your contact details.
Our right to vary these terms and conditions
Off the Rock Cycles reserves the right to revise and amend these terms and conditions from time to time. You will be subject to the terms and conditions that are in force at the time that you order goods from Off the Rock Cycles unless:
• any change to these terms and conditions is required to be made by law or governmental authority, in which case the changes may apply to orders previously placed by you; or
• Off the Rock Cycles notifies you of any changes to these terms and conditions before it accepts your order, in which case Off the Rock Cycles has the right to assume that you have accepted the change to the terms and conditions unless you notify Off the Rock Cycles to the contrary within seven (7) working days of receipt by you of the goods.
Physical activities can be hazardous. The selection and use of suitable equipment requires skill, and you should ensure you are appropriately equipped and trained. In the interests of your safety and the safety of others, you should also ensure that you are properly trained in the techniques you will need to employ in pursuit of your chosen activity. Off the Rock Cycles recommends that you seek and take the advice of a suitably qualified person before purchasing your equipment. Once purchased, the equipment should only be used in accordance with the manufacturers’ instructions and should likewise be inspected before use and properly maintained. Nothing in this notice affects your statutory rights.
The Waste Electrical and Electronic Equipment (WEEE) Directive aims to make producers pay for the collection, treatment and recovery of waste electrical equipment. The Directive also means that suppliers of equipment like high street shops and internet retailers must allow consumers to return their waste equipment free of charge.
Goods are marked with the crossed out wheeled bin symbol to show that they were produced after 13 August 2005 and should be disposed of separately from normal household waste so that they can be recycled.
Distributors of new Electric and Electronic Equipment (EEE) have a part to play in reducing the amount of WEEE going into landfill sites.
Off the Rock Cycles is obliged under this Directive to offer its customers free take-back of their WEEE on a like-for-like basis when you buy from Off the Rock Cycles a new Electrical or Electronic product.
For example, if a customer bought a new battery/stopwatch/pedometer from Off the Rock Cycles, Off the Rock Cycles would accept their old battery/stopwatch/pedometer and prevent it going into a landfill site by disposing of it safely. Customers must return their WEEE item to Off the Rock Cycles within 28 days of purchasing their new item.
Governing law and jurisdiction
These terms and conditions shall be subject to English law.
The courts of England and Wales shall have exclusive jurisdiction over all claims or disputes (whether contractual or non-contractual) arising in relation to, out of or in connection with these terms and conditions including orders for goods.
These terms are applicable from 19 September 2020.