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Terms & Conditions
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Format of the
Contract
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These
terms of sale apply to all goods
supplied by the supplier, Major Leaf
Ltd, trading as Southern Bike Spares.
The registered office is at David
Bailey, 28 Landport Terrace, Portsmouth,
PO1 2RG. Trading address, Unit 1, 3
Shawcross Industrial Park, Ackworth
Road, Hilsea, Portsmouth, Hampshire, PO3
5JP.
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ii. No
contract exists between you and the
Supplier for the sale of any goods until
the Supplier has received and accepted
your order.
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iii. An
acceptance of your offer to buy the
goods will be sent shortly after your
order.
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iv.
However, we do have the right to
terminate the contract in the event that
the goods are unavailable, mis-priced or
cleared funds are not received.
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v. The
contract is subject to your right of
cancellation (see below).
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vi. The
Supplier may change these terms of sale
without notice to you in relation to
future sales.
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Description
and price of the goods
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i. The
description and price of the goods you
order will be as shown on the Supplier's
website at the time you place your
order.
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ii. The
goods are subject to availability. If on
receipt of your order the goods you have
ordered are not available in stock we
will not accept your order. If after
acceptance or your order the Supplier
discovers within [14 days] of our
acceptance that the goods are
unavailable we may terminate the
contract and refund or re-credit you for
any sum that has been paid by you or
debited from your credit card for the
goods.
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iii. Every
effort is made to ensure that prices
shown on the Supplier's website are
accurate at the time you place your
order. If an error is found within 14
days of accepting your order, the
Supplier will inform you as soon as
possible and offer you the option of
reconfirming your order at the correct
price, or cancelling your order. If the
Supplier does not receive an order
confirmation within 14 days of informing
you of the error, the order will be
cancelled automatically. If you cancel
the order, or if the order is cancelled
automatically due to the expiry of the
14 day period, the Supplier will refund
or re-credit you for any sum that has
been paid by you or debited from your
credit card for the goods.
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iv. In
addition to the price, you may be
required to pay a delivery charge for
the goods.
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Payment
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i. Payment
for the goods and delivery charges can
be made by any method shown on the
Supplier's website at the time you place
your order. Payment shall be due before
the delivery date and time for payment
shall be a fundamental term of this
agreement, breach of which shall entitle
the Supplier to terminate the contract
immediately.
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ii. There
will be no delivery until cleared funds
are received.
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iii.
Payments shall be made by you without
any deduction whatsoever unless you have
a valid court order requiring an amount
equal to such deduction to be paid by
the Supplier to you.
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Delivery
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i. The
goods you order will be delivered to the
address you give when you place your
order. We will only deliver goods via
the website to UK addresses.
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ii. If
delivery cannot be made to your address
for reasons under the Supplier's control
the Supplier will inform you as soon as
possible.
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iii. If
you deliberately fail to take delivery
of the goods (otherwise than by reason
of circumstances under control of the
Supplier) then without prejudice to any
other right or remedy available to the
Supplier , the Supplier may: a. store
the goods until actual delivery and
charge you for reasonable costs
(including insurance) of storage; or b.
sell the goods at the best readily
obtainable price and (after deducting
all reasonable storage and selling
expenses) account to you for any excess
over the price you agreed to pay for the
goods or charge you for any shortfall
below the price you agreed to pay for
the goods.
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iv. If you
fail to take delivery because you have
cancelled your contract under the
Distance Selling Regulations the
Supplier shall refund or re-credit you
within 30 days for any sum that has been
paid by you or debited from your credit
card for the goods. On exercising your
right to cancel you shall be required to
return the goods to the Supplier. Should
you fail to return the goods, the
Supplier reserves the right to deduct
any direct costs incurred by the
Supplier in retrieving the goods as a
result of such failure.
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v. Every
effort will be made to deliver the goods
as soon as possible after your order has
been accepted. However, the Supplier
will not be liable for any loss or
damage suffered by you through
reasonable or unavoidable delay in
delivery. In this case, the Supplier
will inform you as soon as possible.
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vi. Upon
receipt of your order you will be asked
to sign for the goods received in good
condition. If the package does not
appear to be in good condition then
please refuse the delivery. If you are
unable to check the contents of your
delivery at the point of delivery then
please sign for the parcel as
"UNCHECKED". Failure to do so may affect
any warranty claims that you make
thereafter.
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Risk/Title
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i. The
goods are at your risk from the time of
delivery.
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ii.
Ownership of the goods shall not pass to
you until the Supplier has received in
full (in cash or cleared funds) all sums
due to it in respect of:
a. the goods, and
b. all other sums which are or which
become due to the Supplier from you on
any account.
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iii. The
Supplier shall be entitled to recover
payment for the goods even though
ownership of any of the goods has not
passed from the Supplier.
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Title for
Business Customers
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i.If you
are a business customer until ownership
of the goods has passed to you, you
must:
a. store the goods (at no cost to the
Supplier) separately from all your other
goods and goods of any third party in
such a way that they remain readily
identifiable as the Supplier's property;
b. not destroy, deface or obscure any
identifying mark or packaging on or
relating to the goods; maintain the
goods in satisfactory condition and keep
them insured on the Supplier's behalf
for their full price against all risks
to the reasonable satisfaction of the
Supplier. On request you shall produce
the policy of insurance to the Supplier;
and
c. hold the proceeds of the insurance
referred to in condition (b) on trust
for the Supplier and not mix them with
any other money, nor pay the proceeds
into an overdrawn bank account.
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ii. If you
are a business customer your right to
possession of the goods shall terminate
immediately if:
b. you have a bankruptcy order made
against you or make an arrangement or
composition with your creditors, or
otherwise take the benefit of any
statutory provision for the time being
in force for the relief of insolvent
debtors, or (being a body corporate)
convene a meeting of creditors (whether
formal or informal), or enter into
liquidation (whether voluntary or
compulsory) except a solvent voluntary
liquidation for the purpose only of
reconstruction or amalgamation, or have
a receiver and/or manager, administrator
or administrative receiver appointed of
its undertaking or any part thereof, or
a resolution is passed or a petition
presented to any court for your winding
up or for the grant-ing of an
administration order in respect of you,
or any proceedings are commenced
relating to your insolvency or possible
insolvency; or
c. you suffer or allow any execution,
whether legal or equitable, to be levied
on your property or obtained against you
or you are unable to pay your debts
within the meaning of section 123 of the
Insolvency Act 1986 or you cease to
trade; or
d. you encumber or in any way charge any
of the goods.
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Your right of
cancellation
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i. You
have the right to cancel the contract at
any time up to 7 days after you receive
the goods (see below). Please note that
this policy has some limitations and
does not apply to business customers.
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ii. To
exercise your right of cancellation, you
must give written notice to the Supplier
by hand, post or e-mail, giving details
of the goods ordered and (where
appropriate) their delivery.
Notification by phone is not sufficient.
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iii.
Except in the case of faulty or
mis-described goods, if you exercise
your right of cancellation after the
goods have been delivered to you, you
will be responsible for returning the
goods to the Supplier at your own cost.
The goods must be returned to the
address shown within the Contact Us
section of the website. You must take
reasonable care to ensure the goods are
not damaged in the meantime or in
transit. In the case of faulty or
misdescribed goods we shall, after
receiving notification in accordance
with clause 8.i or 8.ii, send you the
parts required to repair the item. For
significant problems we will collect the
goods from you or ask you to return the
goods yourself and possibly refund you
the reasonable postage costs.
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iv. Once
you have notified the Supplier that you
are cancelling the contract, the
Supplier will refund or re-credit you
within 30 days for any sum that has been
paid by you or debited from your credit
card for the goods.
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v. Except
in the case of faulty or misdescribed
goods, if you do not return the goods as
required, the Supplier may charge you a
sum not exceeding the direct costs of
recovering the goods.
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vi. You do
not have the right to cancel the
contract if the order is for computer
software, CD or DVD Media which has been
unsealed by you, or for consumable goods
which, by their nature, cannot be
returned, save where a fault is
discovered which could not have been
discovered otherwise than by unsealing
the goods.
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vii. Goods
which have been incorrectly ordered by
the consumer may be returned within 7
days subject to a 15% restocking fee.
This does NOT include goods stated in
section (vi) - Your right of
cancellation.
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Warranty
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i. All
goods supplied by the Supplier are
warranted free from defects for 1 month
from the date of supply (unless
otherwise stated). This warranty does
not affect your statutory rights as a
consumer.
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ii. This
warranty does not apply to any defect in
the goods arising from fair wear and
tear, willful damage, accident,
negligence by you or any third party,
use otherwise than as recommended by the
Supplier, failure to follow the
Supplier's instructions, or any
alteration or repair carried out without
the Supplier's approval.
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iii. If
the goods supplied to you are damaged on
delivery, you should notify the Supplier
in writing via e-mail within 7 working
days. (Please note that this is 48hrs
for our business customers)
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iv. If the
goods supplied to you develop a defect
while under warranty or you have any
other complaint about the goods, you
should notify the Supplier in writing
via e-mail, as soon as possible, but in
any event within 14 days of the date you
discovered or ought to have discovered
the damage, defect or complaint.
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v. If you
wish to return the goods for inspection,
repair of cancellation then you will be
responsible for returning the goods to
the Supplier at your own cost .
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Limitation of
Liability
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i. Subject
to (ii) below, if you are a consumer the
Supplier shall not be liable to you for
any loss or damage in circumstances
where:
a. there is no breach of a legal duty
owed to you by the Supplier or by its
employees or agents;
b. such loss or damage is not a
reasonably foreseeable result of any
such breach;
c. any increase in loss or damage
resulting from breach by you of any term
of this contract.
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ii.
Nothing in these conditions excludes or
limits the liability of the Supplier for
death or personal injury caused by the
Supplier's negligence or fraudulent
misrepresentation.
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iii. If
you are a business customer the Supplier
shall not be liable to you for any
indirect or consequential loss or damage
(whether for loss of profit, loss of
business, depletion of goodwill or
otherwise), costs, expenses or other
claims for consequential compensation
whatsoever (howsoever caused) which
arise out of or in connection with this
agreement.
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Data
Protection
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Images
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Product images are for illustrative
purposes only and may differ from the
actual product.
These terms of sale and the supply of
the goods will be subject to English law
and the English courts will have
jurisdiction in respect of any dispute
arising from the contract, save that
consumers resident in Scotland shall
have the right to insist upon these
terms being construed in accordance with
the laws of Scotland and to submit to
the jurisdiction of Scottish courts.
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