Terms and Conditions

GDPR Privacy Policy of Flying Dutchman Bikes LTD

 

Last updated: April 17, 2019

Definitions

  • Flying Dutchman Bikes
    Flying Dutchman Bikes means Flying Dutchman Bikes LTD, with headquarters at
    188-192 Eversholt Street
    Camden
    London
    United Kingdom
    Company Number: 10644059
  • GDPR
    General Data Protection Regulation Act.
  • Data Controller
    Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed.
  • Data Processor
    Data Processor means any natural or legal person who processes the data on behalf of the Data Controller.
  • Data Subject
    Data Subject is any living individual who is using our Service and is the subject of Personal Data.

1. Principles for processing personal data

Our principles for processing personal data are:

  • Fairness and lawfulness. When we process personal data, the individual rights of the Data Subjects must be protected. All personal data must be collected and processed in a legal and fair manner.
  • Restricted to a specific purpose. The personal data of Data Subject must be processed only for specific purposes.
  • Transparency. The Data Subject must be informed of how his/her data is being collected, processed and used.

2. What personal data we collect and process

Flying Dutchman Bikes LTD collects several different types of personal data for various purposes. Personal Data may include, but is not limited to:

  • Email address
  • First name and last name
  • Phone number
  • Address, State, Province, Postal code, City

3. How we use the personal data

Flying Dutchman Bikes LTD uses the collected personal data for various purposes:

  • To provide you with services
  • To notify you about changes to our services and/or products
  • To provide customer support
  • To gather analysis or valuable information so that we can improve our services
  • To detect, prevent and address technical issues

4. Legal basis for collecting and processing personal data

Flying Dutchman Bikes LTD legal basis for collecting and using the personal data described in this Data Protection Policy depends on the personal data we collect and the specific context in which we collect the information:

  • Flying Dutchman Bikes LTD needs to perform a contract with you
  • You have given Flying Dutchman Bikes LTD permission to do so
  • Processing your personal data is in Flying Dutchman Bikes LTD legitimate interests
  • Flying Dutchman Bikes LTD needs to comply with the law

5. Retention of personal data

Flying Dutchman Bikes LTD will retain your personal information only for as long as is necessary for the purposes set out in this Data Protection Policy.

Flying Dutchman Bikes LTD will retain and use your information to the extent necessary to comply with our legal obligations, resolve disputes, and enforce our policies.

6. Data protection rights

If you are a resident of the European Economic Area (EEA), you have certain data protection rights. If you wish to be informed what personal data we hold about you and if you want it to be removed from our systems, please contact us.

In certain circumstances, you have the following data protection rights:

  • The right to access, update or to delete the information we have on you
  • The right of rectification
  • The right to object
  • The right of restriction
  • The right to data portability
  • The right to withdraw consent

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 Harry and Kristina of Flying Dutchman Bikes 188-192 Eversholt Street, London, NW1 1BJ

 

  1. 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.

 

  1. 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.

  1. 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.

 

  1. Goods

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

  1. 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.

 

  1. 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.

 

  1. 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 in order to cover associated costs.

 

  1. 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 notwithstanding that title in them has not passed to the Buyer.

 

  1. 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.

10.2 The Seller does not accept any liability for damage to Goods sustained in transit. Liability for Goods transfers from the Seller to the Buyer once the Goods leave the shop premises. This is a case of caveat emptor.

11. Returns

11.1 Under the Consumer Rights Act you have an early right to reject goods that are unsatisfactory qualityunfit for purpose or not as described, and get a full refund. This right is limited to 30 days from the date you took ownership of the goods (this could be the date of purchase or the date the goods were delivered to you – whichever is later). After the initial 30 days, you can’t demand a full refund in the first instance, but you still have the right to a repair or replacement.

11.2   The Seller cannot accept returns on custom-ordered Goods. Custom-ordered Goods include any and all bicycles, parts, and/or equipment that has to be ordered in to the shop specifically to meet Buyers’ requirements or demands (e.g. bikes or components not typically stocked and specially ordered in specific colours, sizes, or designs).

11.3    Under exceptional circumstances, and only at the Seller’s discretion, some Goods can be returned on the condition that a 35% restocking fee is covered by the Buyer. Unlimited additional charges to the Buyer may also be incurred dependent on the condition of the Goods returned. It is the Seller’s prerogative to determine the sum of any additional costs over and above the 35% restocking fee. The Buyer is responsible for returning the Goods to the Seller, and for ensuring they are returned in a saleable condition, including a Sales Receipt and original packaging. Refunds can only be processed upon Seller’s receipt of the returned Goods, and only after the returned Goods are inspected and assessed for wear and/or damages.

See: http://www.fsb.org.uk/legal-download

Cookies Policy

Last updated: 17/04/2019

Flying Dutchman Bikes LTD (“us”, “we”, or “our”) uses cookies on www.flyingdutchman.bike (the “Service”). By using the Service, you consent to the use of cookies.

Our Cookies Policy explains what cookies are, how we use cookies, how third-parties we may partner with may use cookies on the Service, your choices regarding cookies and further information about cookies.

What are cookies

Cookies are small pieces of text sent by your web browser by a website you visit. A cookie file is stored in your web browser and allows the Service or a third-party to recognize you and make your next visit easier and the Service more useful to you.

Cookies can be “persistent” or “session” cookies.

How Flying Dutchman Bikes LTD uses cookies

When you use and access the Service, we may place a number of cookies files in your web browser.

We use cookies for the following purposes: to enable certain functions of the Service, to provide analytics, to store your preferences, to enable advertisements delivery, including behavioural advertising.

We use both session and persistent cookies on the Service and we use different types of cookies to run the Service:

– Essential cookies. We may use essential cookies to authenticate users and prevent fraudulent use of user accounts.

Third-party cookies

In addition to our own cookies, we may also use various third-parties cookies to report usage statistics of the Service, deliver advertisements on and through the Service, and so on.

 

 

What are your choices regarding cookies

If you’d like to delete cookies or instruct your web browser to delete or refuse cookies, please visit the help pages of your web browser.

Please note, however, that if you delete cookies or refuse to accept them, you might not be able to use all of the features we offer, you may not be able to store your preferences, and some of our pages might not display properly.

Where can your find more information about cookies

You can learn more about cookies and the following third-party websites:

Privacy Policy

Last updated: 17/04/2019

Flying Dutchman Bikes LTD (“us”, “we”, or “our”) operates www.flyingdutchman.bike (the “Site”). This page informs you of our policies regarding the collection, use and disclosure of Personal Information we receive from users of the Site.

We use your Personal Information only for providing and improving the Site. By using the Site, you agree to the collection and use of information in accordance with this policy.

Information Collection And Use

While using our Site, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to your name (“Personal Information”).

Log Data

Like many site operators, we collect information that your browser sends whenever you visit our Site (“Log Data”).

This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our Site that you visit, the time and date of your visit, the time spent on those pages and other statistics.

In addition, we may use third party services such as Google Analytics that collect, monitor and analyse this …

Communications

We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that is relevant.

Cookies

Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer’s hard drive.

Like many sites, we use “cookies” to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Site.

Security

The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

Changes To This Privacy Policy

This Privacy Policy is effective as of 17/04/2019 and will remain in effect except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted on this page.

We reserve the right to update or change our Privacy Policy at any time and you should check this Privacy Policy periodically. Your continued use of the Service after we post any modifications to the Privacy Policy on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Privacy Policy.

If we make any material changes to this Privacy Policy, we will notify you either through the email address you have provided us, or by placing a prominent notice on our website.

Contact Us

If you have any questions about this Privacy Policy, please contact us.