Flying Dutchman Bikes Terms & Conditions

TERMS AND CONDITIONS FOR THE SALE OF GOODS

1. Definitions

Buyer: the person who buys or agrees to buy the Goods from the Seller.

Conditions: the terms and conditions of sale as set out in this document and any special terms and conditions agreed in writing by the Seller.

Goods: the articles which the Buyer agrees to buy from the Seller.

Price: the price for the Goods, excluding VAT and any carriage, packaging and insurance costs.

Seller: means Flying Dutchman Bikes LTD with headquarters at 188-192 Eversholt Street, London, NW1 1BJ

2. Conditions:

2.1 These Conditions shall form the basis of the contract between the Seller and the Buyer in relation to the sale of Goods, to the exclusion of all other terms and conditions including the Buyer’s standard conditions of purchase or any other conditions which the Buyer may purport to apply under any purchase order or confirmation of order or any other document.

2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods from the Seller pursuant to these Conditions.

2.3 Transferring to the Seller payment for Goods (including any and all deposits) shall be deemed to be conclusive evidence of the Buyer’s acceptance of these Conditions.

2.4 These Conditions may not be varied except by the written agreement of the Seller.

2.5 These Conditions represent the whole of the agreement between the Seller and the Buyer. They supersede any other conditions previously issued.

2.6 If any clause, or portion of a clause, in these Terms and Conditions is considered invalid under the rule of law, it shall be regarded as stricken while the remainder of these Terms and Conditions shall continue to be in full effect.

3. Price:

The Price shall be the price quoted on the Seller’s confirmation of order. The Price is exclusive of VAT which shall be due at the rate in force on the date of the Seller’s invoice.

4. Payment and Interest:

4.1 Payment of the Price and VAT shall be due prior to the delivery of Goods.

4.2 Interest on overdue invoices shall accrue from the date when payment becomes due calculated on a daily basis until the date of payment at the rate of 10% per annum above the Bank of England base rate from time to time in force. Such interest shall accrue after as well as before any judgement.

4.3 The Buyer shall pay all accounts in full and not exercise any rights of set-off or counter-claim against invoices submitted by the Seller.

5. Goods:

The quantity and description of the Goods shall be as set out in the Seller’s confirmation of order.

6. Warranties:

The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller in the confirmation of order. Except where the Buyer is dealing as a consumer (as defined in section 12 of the Unfair Contract Terms Act 1977), all other warranties, conditions or terms relating to fitness for purpose, quality or condition of the Goods are excluded.

7. In Cases Relating to the Delivery of the Goods:

7.1 Delivery of the Goods shall be made to the address provided by the Buyer. The Buyer shall make all arrangements necessary to take delivery of the Goods on the day notified by the Seller for delivery.

7.2 The Seller undertakes to use its reasonable endeavours to dispatch the Goods on an agreed delivery date, but does not guarantee to do so. Time of delivery shall not be of the essence of the contract.

7.3 The Seller shall not be liable to the Buyer for any loss or damage whether arising directly or indirectly from the late delivery or short delivery of the Goods. If short delivery does take place, the Buyer undertakes not to reject the Goods but to accept the Goods delivered as part performance of the contract.

7.4 If the Buyer fails to take delivery of the Goods on the agreed delivery date or, if no specific delivery date has been agreed, when the Goods are ready for dispatch, the Seller shall be entitled to store and insure the Goods and to charge the Buyer the reasonable costs of so doing.

7.5 The Seller shall not be liable to the Buyer for any loss or damage sustained to the Goods after the Goods have left the shop premises. This includes, but is not limited to, damage sustained while the Goods are in transit from the shop premises to the Buyer.

8. Acceptance of the Goods:

8.1 The Buyer shall be deemed to have accepted the Goods once the initial deposit has been paid to the Seller.

8.2 Where the Buyer has accepted, or has been deemed to have accepted, the Goods the Buyer shall not be entitled to reject Goods which are supplied in accordance with the contract.

8.3 Where the Buyer wishes to reject Goods which are supplied in accordance with the contract, the Seller is entitled to retain the Buyer’s full deposit or 35% of the total invoice value (whichever is greater) in order to cover associated costs.

9. Title and risk:

9.1 Risk and liability shall pass from the Seller to the Buyer once the Goods have left the shop premises.

9.2 Notwithstanding the earlier passing of risk, title in the Goods shall remain with the Seller and shall not pass to the Buyer until the amount due under the invoice for them (including interest and costs) has been paid in full.

9.3 Until title passes the Buyer shall hold the Goods as bailee for the Seller and shall store or mark them so that they can at all times be identified as the property of the Seller.

9.4 The Seller may at any time before title passes and without any liability to the Buyer:

9.4.1 Repossess and dismantle and use or sell all or any of the Goods and by doing so terminate the Buyer’s right to use, sell or otherwise deal in them; and

9.4.2 for that purpose (or determining what if any Goods are held by the Buyer and inspecting them) enter any premises of or occupied by the Buyer.

9.5 The Seller may maintain an action for the price of any Goods not withstanding that title in them has not passed to the Buyer.

10. Carriage of Goods:

10.1 Carriage will be chargeable to the Buyer on all sales that require delivery, unless the Seller has agreed to meet this cost.

11.1 A correctly fitting bicycle helmet must be worn for a bicycle to be loaned. The borrower must wear appropriate safety and protective clothing while using the loaned bicycle.

11.2 The borrower undertakes to use the borrowed bike properly and carefully. If the bicycle is loaned for an extended period, the bike must always be locked to immovable objects using a diamond-rated bicyle lock. It is not permitted to transfer the bike to third parties during a loan period.

11.3 After the loan duration has expired, the borrower must return the bike to the lender in the condition agreed in the contract.

11.4 The borrower may not make any technical modifications to the bike. The borrower may not optically change the bike, especially not with paint, stickers, or adhesive films.

11.5 When returning the bike, the borrower must report to the lender any defects or damage that have occurred.

11.6 The borrower assures that the bike will not be operated under the influence of alcohol or other intoxicating substances.

11.7 The borrower is responsible for any damages that result from negligence or improper use. The borrower is liable for the costs of the repair or replacement in the event of loss, theft or damage to the bicycle, unless it is proven that the damage is due to deliberate or grossly negligent operational faults of the bike caused by the lender.

11.8.1 The bike is ridden at the borrower’s own risk. The lender assumes no liability for damage to property or personal injury. The lender assumes no liability for unforeseen damage (defective tyres, torn brake hose or the like), except in cases of intent or gross negligence.

11.8.2 In the event of theft or accident, the lender is entitled to pass on the information provided above about the borrower to third parties (police, etc.).

11.9. If damage is determined when the bike is returned that has not been listed in this contract, it will be assumed that the borrower is responsible for the damage, unless the borrower proves that the damage already existed when he/she took over the bike.

12. Final provisions:

12.1 There are no verbal ancillary amendments to this agreement.

12.2 Changes to this agreement must be made in writing. This also applies to changes to this written form clause.

12.3 In the event that any individual provisions of this agreement are or become fully or partially invalid or infeasible, or in the event that this agreement contains loopholes, this shall not affect the effectiveness of the other provisions of this agreement. In place of the ineffective, impracticable or missing provision, such an effective and enforceable provision shall be agreed between the parties as they would have agreed upon in consideration of the economic purpose of this agreement if they had known of the ineffectiveness, impracticability or absence of the respective provision when concluding this agreement. The parties must confirm such a provision in the form requested, but at least in writing.