Perry Titanium SALES TERMS AND CONDITIONS
1. OVERVIEW
1.1 This page (together with our Privacy Policy tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (our site) to you.
1.2 These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site. You should print a copy of these Terms or save them to your computer for future reference.
1.3 We amend these Terms from time to time as set out in Section 9. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
1.4 Last Updated: This document was last updated on Sun Mar 29 2020.
2. INFORMATION ABOUT US
2.1 We operate the website [email protected].
3. CONTACTING US:
3.1 If you wish to contact us for any reason, including because you have any complaints, you can contact us by emailing us at [email protected].
3.2 If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide to us in your order.
4. OUR PRODUCTS
4.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
5. USE OF OUR SITE
5.1 Your use of our site is governed by our Website Terms and Conditions.
6. HOW WE USE YOUR PERSONAL INFORMATION
6.1 We only use your personal information in accordance with our Privacy Policy.
7. CONSUMER INFORMATION
7.1 You may only purchase Products from our site if you are at least 18 years old.
8. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
8.1 Our website Order Process pages will guide you through the steps you need to take to place an order with us.
8.2 Your order will only be accepted once we have received the first deposit from you and we will confirm our acceptance of the deposit by email.
8.3 Once a frame or component has gone into manufacture any cancellation of your order will result in retention of the first deposit to cover the cost of our time and materials.
9. OUR RIGHT TO VARY THESE TERMS
9.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
9.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
9.3 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
10. YOUR RIGHT OF RETURN AND REFUND
10.1 You have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in section 16. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund.
10.2 However, this cancellation right does not apply once a product has gone into manufacture at which point the first deposit value will be withheld to cover the cost of our time and materials.
10.3 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation and ends 14 days after the day on which you receive the Product(s).
10.4 To cancel a Contract, you need to let us know that you have decided to cancel by a clear written statement, which may be sent by email to us at [email protected]. Your cancellation is effective from the date you send us the email.
10.5 If you cancel your Contract we will refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the Products. Refunds will be given with 14 days after you inform us of your decision to cancel the Contract.
10.6 If you have returned the Products to us because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
10.7 We will refund you by bank transfer to the account used by you to pay.
10.8 As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this section 9 or anything else in these Terms.
11. DELIVERY
11.1 We will contact you with an estimated delivery date at time of accepting your order. Occasionally our delivery to you may be affected by an Event Outside Our Control. See section 16 for our responsibilities when this happens.
11.2 If no one is available at your address to take delivery, we or our authorised carrier will leave you a note that the Products have been returned to our premises or the authorised carrier’s depot, in which case, please use the contact details on the note to rearrange delivery.
11.3 Delivery of an Order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time. Until that time they remain the property of Perry Titanium.
11.4 If we are unable to provide the Products by the delivery date in section 10.1 we will offer you a full refund and you have the right to cancel the order or we will confirm a new delivery date.
12. PRICE OF PRODUCTS AND DELIVERY CHARGES
12.1 The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see section 12.5 for what happens if we discover an error in the price of Product(s) you ordered.
12.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
12.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Product(s) in full before the change in VAT takes effect.
12.4 The price of a Product includes delivery charges with the United Kingdom only. Delivery charge outside of the United Kingdom can be advised at time of ordering. Other Sales Taxes and Import duties may apply to order sent outside of the United Kingdom.
12.5 If we discover an error in the price of the Products you have ordered we will contact you in writing to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
13. HOW TO PAY
13.1 You can pay for Products by bank transfer. Account number to be advised at time of ordering.
14. PRODUCT WARRANTY
14.1 We are under a legal duty to supply products that are in conformity with the Contract.
14.2 Dependent on the type of Product you purchase, we provide one or more of the following warranties, to the original purchaser only.
14.3 Our frames excluding pivot bearings and hardware have a lifetime warranty against manufacturing defects in materials and/or workmanship for the original purchaser only.
14.4 Our components have a five year warranty against manufacturing defects in materials and/or workmanship for the original purchaser only.
14.5 Our frames and components are designed and manufactured for XC and Trail use only, Enduro, Freeride and Downhill use will void the warranty.
14.6 Perry Titanium reserve the right to replace or repair any frames or components on a case by case basis. The original purchaser is liable for all postage costs to and from our premises in relation to the replacement.
14.7 Perry Titanium is not liable for any other secondary claims and will not pay for labour, ancillary parts, import duties, taxes and any other costs incurred in relation to the replacement.
14.8 You may not make a claim under a warranty in relation to any defect in a Products arising from: (a) fair wear and tear or any damage arising out of normal use of the Product; (b) wilful damage, neglect, abnormal storage or working conditions, accident, negligence by you or by any third party; (c) corrosion or damage caused by corrosion; (d) lack of maintenance or failure to comply with section 14.10; (e) if you fail to operate or use the Product in accordance with the user instructions; (f) any alteration or repair by you or by a third party; (g) any specification provided by you; or (h)damage arising from extreme use including but not limited to stunt riding, jumping or any similar activity.
14.9 If you wish to make a warranty claim, you shall be responsible for any labour costs incurred under the warranty and the costs of delivering and collecting the frame to and from our premises;
14.10 Perry Titanium strongly recommends that you inspect your frame and components regularly for any signs of deterioration, deformation or cracking. When in doubt, take your bike to a professional bike mechanic for evaluation or contact Perry Titanium. Perry Titanium strongly recommends that you have your bike checked and serviced by a professional bike mechanic at least annually.
15. OUR LIABILITY TO YOU
15.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
15.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15.3 We do not in any way exclude or limit our liability for:
a) death or personal injury caused by our negligence;
b) fraud or fraudulent misrepresentation;
c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
e) defective products under the Consumer Protection Act 1987.
16. EVENTS OUTSIDE OUR CONTROL
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control.
16.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
16.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
16.3.1 we will contact you as soon as reasonably possible to notify you; and
16.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
16.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 90 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
17. COMMUNICATIONS BETWEEN US
17.1 When we refer, in these Terms, to “in writing”, this will include email.
17.2 You may contact us as described in section 3.
18. OTHER IMPORTANT TERMS
18.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing if this happens.
18.2 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
18.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
18.4 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
18.5 These Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. If you live in Scotland you can bring legal proceedings in respect of the Products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Products in either the Northern Irish or the English courts. The European Commission provides for an online dispute resolution platform, which you can access here: http://ec.europa.eu/consumers/odr/. If you would like to bring a matter to our attention, please contact us at [email protected].
1. OVERVIEW
1.1 This page (together with our Privacy Policy tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (our site) to you.
1.2 These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site. You should print a copy of these Terms or save them to your computer for future reference.
1.3 We amend these Terms from time to time as set out in Section 9. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
1.4 Last Updated: This document was last updated on Sun Mar 29 2020.
2. INFORMATION ABOUT US
2.1 We operate the website [email protected].
3. CONTACTING US:
3.1 If you wish to contact us for any reason, including because you have any complaints, you can contact us by emailing us at [email protected].
3.2 If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide to us in your order.
4. OUR PRODUCTS
4.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
5. USE OF OUR SITE
5.1 Your use of our site is governed by our Website Terms and Conditions.
6. HOW WE USE YOUR PERSONAL INFORMATION
6.1 We only use your personal information in accordance with our Privacy Policy.
7. CONSUMER INFORMATION
7.1 You may only purchase Products from our site if you are at least 18 years old.
8. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
8.1 Our website Order Process pages will guide you through the steps you need to take to place an order with us.
8.2 Your order will only be accepted once we have received the first deposit from you and we will confirm our acceptance of the deposit by email.
8.3 Once a frame or component has gone into manufacture any cancellation of your order will result in retention of the first deposit to cover the cost of our time and materials.
9. OUR RIGHT TO VARY THESE TERMS
9.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
9.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
9.3 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
10. YOUR RIGHT OF RETURN AND REFUND
10.1 You have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in section 16. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund.
10.2 However, this cancellation right does not apply once a product has gone into manufacture at which point the first deposit value will be withheld to cover the cost of our time and materials.
10.3 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation and ends 14 days after the day on which you receive the Product(s).
10.4 To cancel a Contract, you need to let us know that you have decided to cancel by a clear written statement, which may be sent by email to us at [email protected]. Your cancellation is effective from the date you send us the email.
10.5 If you cancel your Contract we will refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the Products. Refunds will be given with 14 days after you inform us of your decision to cancel the Contract.
10.6 If you have returned the Products to us because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
10.7 We will refund you by bank transfer to the account used by you to pay.
10.8 As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this section 9 or anything else in these Terms.
11. DELIVERY
11.1 We will contact you with an estimated delivery date at time of accepting your order. Occasionally our delivery to you may be affected by an Event Outside Our Control. See section 16 for our responsibilities when this happens.
11.2 If no one is available at your address to take delivery, we or our authorised carrier will leave you a note that the Products have been returned to our premises or the authorised carrier’s depot, in which case, please use the contact details on the note to rearrange delivery.
11.3 Delivery of an Order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time. Until that time they remain the property of Perry Titanium.
11.4 If we are unable to provide the Products by the delivery date in section 10.1 we will offer you a full refund and you have the right to cancel the order or we will confirm a new delivery date.
12. PRICE OF PRODUCTS AND DELIVERY CHARGES
12.1 The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see section 12.5 for what happens if we discover an error in the price of Product(s) you ordered.
12.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
12.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Product(s) in full before the change in VAT takes effect.
12.4 The price of a Product includes delivery charges with the United Kingdom only. Delivery charge outside of the United Kingdom can be advised at time of ordering. Other Sales Taxes and Import duties may apply to order sent outside of the United Kingdom.
12.5 If we discover an error in the price of the Products you have ordered we will contact you in writing to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
13. HOW TO PAY
13.1 You can pay for Products by bank transfer. Account number to be advised at time of ordering.
14. PRODUCT WARRANTY
14.1 We are under a legal duty to supply products that are in conformity with the Contract.
14.2 Dependent on the type of Product you purchase, we provide one or more of the following warranties, to the original purchaser only.
14.3 Our frames excluding pivot bearings and hardware have a lifetime warranty against manufacturing defects in materials and/or workmanship for the original purchaser only.
14.4 Our components have a five year warranty against manufacturing defects in materials and/or workmanship for the original purchaser only.
14.5 Our frames and components are designed and manufactured for XC and Trail use only, Enduro, Freeride and Downhill use will void the warranty.
14.6 Perry Titanium reserve the right to replace or repair any frames or components on a case by case basis. The original purchaser is liable for all postage costs to and from our premises in relation to the replacement.
14.7 Perry Titanium is not liable for any other secondary claims and will not pay for labour, ancillary parts, import duties, taxes and any other costs incurred in relation to the replacement.
14.8 You may not make a claim under a warranty in relation to any defect in a Products arising from: (a) fair wear and tear or any damage arising out of normal use of the Product; (b) wilful damage, neglect, abnormal storage or working conditions, accident, negligence by you or by any third party; (c) corrosion or damage caused by corrosion; (d) lack of maintenance or failure to comply with section 14.10; (e) if you fail to operate or use the Product in accordance with the user instructions; (f) any alteration or repair by you or by a third party; (g) any specification provided by you; or (h)damage arising from extreme use including but not limited to stunt riding, jumping or any similar activity.
14.9 If you wish to make a warranty claim, you shall be responsible for any labour costs incurred under the warranty and the costs of delivering and collecting the frame to and from our premises;
14.10 Perry Titanium strongly recommends that you inspect your frame and components regularly for any signs of deterioration, deformation or cracking. When in doubt, take your bike to a professional bike mechanic for evaluation or contact Perry Titanium. Perry Titanium strongly recommends that you have your bike checked and serviced by a professional bike mechanic at least annually.
15. OUR LIABILITY TO YOU
15.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
15.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15.3 We do not in any way exclude or limit our liability for:
a) death or personal injury caused by our negligence;
b) fraud or fraudulent misrepresentation;
c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
e) defective products under the Consumer Protection Act 1987.
16. EVENTS OUTSIDE OUR CONTROL
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control.
16.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
16.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
16.3.1 we will contact you as soon as reasonably possible to notify you; and
16.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
16.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 90 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
17. COMMUNICATIONS BETWEEN US
17.1 When we refer, in these Terms, to “in writing”, this will include email.
17.2 You may contact us as described in section 3.
18. OTHER IMPORTANT TERMS
18.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing if this happens.
18.2 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
18.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
18.4 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
18.5 These Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. If you live in Scotland you can bring legal proceedings in respect of the Products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Products in either the Northern Irish or the English courts. The European Commission provides for an online dispute resolution platform, which you can access here: http://ec.europa.eu/consumers/odr/. If you would like to bring a matter to our attention, please contact us at [email protected].
