Terms & Conditions
Please Read all These Terms and Conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, please phone us on 01424 811204.
1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are OSET Bikes Ltd a company registered in England and Wales under number 06302289 whose registered office is at Ashby Road, Measham, Swadlincote, England DE12 7JP with email address email@example.com; telephone number 01424 811204; (the Supplier or us or we).
2. These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. Before placing an order on the Website, you will be asked to agree to these Terms and Conditions by clicking on the button marked 'I Accept'. If you do not click on the button, you will not be able to complete your Order. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.
3. Consumer means: a) An individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession and who purchases goods and services for personal use or, b) Approved OSET dealerships;
4. Contract means the legally binding agreement between you and us for the supply of the Goods.
5. Delivery Location means the Customer's premises or other location where the Goods are to be supplied, as set out in the Order;
6. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
7. Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;
8. Order means the Customer's order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
10. Website means our website https://shop.osetbikes.com on which the Goods are advertised.
11. The description of the Goods is as set out in the Website, catalogues, brochures or other forms of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the Goods supplied.
12. In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
13. All Goods which appear on the Website are subject to availability.
14. We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement.
16. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
Basis of Sale
17. The description of the Goods on our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we reserve the right to reject it for any reason, although we will try to tell you the reason without delay.
18. The Order process is set out on the e-commerce Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
19. A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you including but not limited to correct delivery address details and correct part(s) to meet your requirement. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
20. Any quotation is valid for a maximum period of 30 days from its date unless we expressly withdraw it at an earlier time.
21. No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by both the Customer and the Supplier in writing.
22. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.
Price and Payment
23. The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.
24. Prices and charges include VAT at the rate applicable at the time of the Order.
25. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.
26. We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
27. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
a. we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
b. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
28. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
29. If you decide to cancel your order for any Goods that have been purchased from us via the website, we will process your refund within 14 days of receiving this cancellation. If the goods have already been dispatched and/or delivered and you reject these goods we will, in addition to any other remedies, issue you with a Returns Material Authorization (RMA) number and treat the Contract at an end. We will (in addition to other remedies) and without delay return all payments made under the Contract for rejected Goods within 14 days of receiving the goods to the address listed in Clause 50 of these terms and conditions. If the Goods have been delivered then you must return them to us at your cost using the original packaging materials.
30. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
31. We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them and we will agree the conditions of carriage with you on a case by case basis.
32. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
33. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
34. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
Risk and Title
35. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
36. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or if we choose allow us to collect them.
Withdrawal, returns and cancellation
37. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
38. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods (with no others) in the following circumstances:
a. goods that are made to your specifications or are clearly personalized.
b. goods which are liable to deteriorate or expire rapidly.
39. Also, the Cancellation Rights for a Contract cease to be available in the following circumstances:
a. in the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery.
Right to cancel
40. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days the goods without giving any reason.
41. The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of goods over time (i.e. subscriptions), the right to cancel will be 14 days after the first delivery.
42. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (e.g. a letter or email to firstname.lastname@example.org). You must be able to show clear evidence of when the cancellation was made.
43. You can also electronically fill in and submit the model cancellation form or any other clear statement of the Customer's decision to cancel the Contract on our website https://shop.osetbikes.com. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (e.g. by email) without delay and issue you with a Returns Material Authorization Number (RMA).
44. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation in the cancellation period
45. Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery.
Deduction for Goods supplied
46. We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.
Timing of reimbursement
47. If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:
a. 14 days after the day we receive back from you any Goods supplied, or
b. (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
48. If we have offered to collect the Goods or if no Goods were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
49. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
50. If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at Units 5&6, Highfields Business Park, Sidney Little Road, St Leonards, East Sussex, TN389UB without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods. You must include the RMA number on the return.
51. For the purposes of these Cancellation Rights, these words have the following meanings:
a. distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
b. sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.
52. All companies that sell goods or services to consumers online are required by the EU to provide on their website a link to the On Line Dispute Resolution (ODR) platform https://ec.europa.eu/consumers/odr and in addition an e-mail address mailto:email@example.com for consumers to raise disputes with us as the initial point of contact. If this initial step in the resolution process fails, then consumers should move to the ODR step.
Conformity and Guarantee
52. We have a legal duty to supply the Goods in conformity with the Contract and will not have conformed if it does not meet the following obligation.
53. Upon delivery, the Goods will:
a. be of satisfactory quality;
b. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
c. conform to their description.
55. All OSET parts carry a 60-day warranty. This warranty starts on the day you purchase your product. If you need to initiate your warranty, you must provide OSET with a copy of your sales receipt. The day of purchase is classed as day 1 irrespective of the time of purchase. The warranty ends on day 60 at midnight of that day.
56. We will provide the following after-sales service: OSET Bikes Ltd will remotely support the customer verbally in installing parts and equipment when necessary.
Successors and our sub-contractors
57. Neither party can transfer the benefit of this Contract to someone else and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
Circumstances beyond the control of either party
58. In the event of any failure by a party because of something beyond its reasonable control:
a. the party will advise the other party as soon as reasonably practicable; and
b. the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery and any right to cancel, below.
59. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
61. For the purposes of these Terms and Conditions:
a. 'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
b. 'GDPR' means the General Data Protection Regulation (EU) 2016/679.
c. 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.
62. We are a Data Controller of the Personal Data we Process in providing Goods to you.
63. Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
a. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
b. we will only Process Personal Data for the purposes identified;
c. we will respect your rights in relation to your Personal Data; and
d. we will implement technical and organisational measures to ensure your Personal Data is secure.
64. For any enquiries or complaints regarding data privacy, you can e-mail: firstname.lastname@example.org.
65. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer's business, trade, craft or profession which would not be suffered by a Consumer - because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
Governing law, jurisdiction and complaints
66. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
67. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
68. We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 days.
69. These terms and conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.com/gb/en).
Discount code Terms & Conditions.
1. USING YOUR DISCOUNT VOUCHER
1.2 By confirming your order using the Discount Voucher you are accepting these terms and conditions. Any terms which you seek to impose in respect of the order for Discount through this site will not form part of any contract between us. Please read these terms and conditions carefully before confirming your order. If you have any queries on these terms please contact us before ordering using a Discount Voucher.
1.4 We recommend that you print a copy of these terms and conditions for your future reference.
2. TERMS RELATING TO THE REDEMPTION OF DISCOUNT VOUCHER
2.1 How To Redeem Discount Voucher - You must enter the code shown on the Discount Voucher when placing your order online.
2.2 The Discount Voucher is only
valid for one time use. It cannot be used by employees of OSET Bikes or
official OSET importers or dealers. The voucher is only for use
by end users customers and OSET
Bikes reserves the right to not sell items to customers if they are a business
customer or an end user who is acting as an agent of a business customer.
2.3 You cannot use a Discount Voucher in conjunction with any other sales discounts or promotional offers unless the specific terms relating to the Promotional Discount Codes state that you can combine the Promotional Discount code with other offers.
2.4 Discount Vouchers can only be used for one order.
2.5 The Discount Voucher will expire on the 01/10/2021, or before subject to availability of which we will notify you via the website. You cannot use the Promotional Discount Voucher after this date.
2.6 Discount Vouchers have no cash redemption value.
2.8 We reserve the right to vary or discontinue the Discount Voucher scheme at any time.
3. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
3.1 We have the right to revise and amend these terms and conditions of sale from time to time including to reflect changes affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our site's capabilities.
3.2 You will be subject to the policies and terms and conditions of sale in force at the time that you use your Discount Voucher, unless any change to those policies or these terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you).
4. LAW AND JURISDICTION These terms and conditions will be governed by English law. Any dispute or claim arising out of or in connection with these terms shall be subject to the non-exclusive jurisdiction of the courts of
England and Wales.