Terms and conditions of business
Yélo Bike Club is a small independent retailer of new and preowned parts, accessories and bikes. We are an online retailer but we do allow collection of items with prior arrange by contacting us at: sales@yelo.club.
GENERAL
www.yelo.club is a website operated by Yelo Bike Club Limited (“us”). Yelo Bike Club Limited is registered in England and Wales under company number 15251315 and its registered office is at Gold 154, The Sharp Project, Thorp Road, Manchester M40 4BJ. Our trading name is Yélo, and we sell, but not limited to new and preowned bicycles, equipment, clothing and accessories in the course of our trade and business.
The buyer (“you”) shall mean any person, sole trader, partnership, business, body corporate or other entity detailed in the appropriate section of the sales invoice/order form and shall include all successors, heirs and assigns. Where a person deals entirely as a consumer, their legal rights shall remain unaffected. Any reference to you within these terms and conditions shall be as a consumer buyer unless specified as being a reference to a trade buyer.
The “Goods” shall mean the items detailed in the appropriate section of the sales/order form and it shall be a core term of the contract between us that any and all ancillary items are additional to such contract unless specifically detailed within the sales invoice/order form.
The “Price” shall mean the amount payable to Yélo for the Goods plus VAT unless otherwise stated. Any prices quoted at time of publishing online or other marketing material (upwards or downwards) and current prices are quoted at the time of order. In respect of orders placed via the Internet, these shall not be accepted by us until confirmed in writing by us to you. For orders placed by customers residing within the EU, prices include VAT charged at the rate applicable from time to time.
These terms and conditions shall apply to all of our quotations, orders (including telephone orders or other) and contracts for the sale or supply of Goods by Yélo. In respect of any sales of Goods to trade buyers, any other terms or representations, whether implied by statute, made prior to, collateral with or subsequent to the contract or order, are hereby excluded and shall not be binding upon us. In respect of consumer buyers, additional conditions shall only be binding upon us if confirmed in writing by us to you.
We reserve the right to amend technical or clerical errors in any order without notice. In addition, you shall ensure that all details contained within the order are correct and we shall not accept any liability for any error or inaccuracy in any order.
THE CONTRACT
After placing an internet order, you will receive an email from us acknowledging that we have received your order for the Goods. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to Yélo to buy Goods. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms the detail and availability of your order. The contract between you and Yélo will only be formed at the time of collection or despatch of goods.
CONSUMER RIGHTS
You may cancel your purchase from us for the Goods you order at any time up to the point of collection or delivery. Unless otherwise specifically notified by us in your order confirmation email, you do not need to give us any reason for cancelling your contract nor will you have to pay any penalty. For goods posted out to you through internet purchases, you have 14 days after receipt of the goods to cancel the order, without prejudice. The circumstances where you may not be eligible for a full refund is where the bike ordered is a personal custom order or particularly specialist size or item. In this event we will make clear before ordering and advise of potential penalties incurred for cancellation. These rights exist under the Consumer Contracts Regulations 2014.
Under the Consumer Rights Act 2015, you have the right to return goods that are unsatisfactory quality, unfit for purpose or not as described, and get a full refund. This right is limited to 30 days from the date the customer took ownership of the goods. If an item is faulty and needs to be returned, the customer does not need to pay postage costs for the return of the faulty item. If a customer is asked to return an item that arrived damaged, not as described or faulty, Yélo will refund the total cost of the return.
To cancel your contract you must notify us in writing by email via sales@yelo.club
Once you have notified us that you are cancelling your contract, any sum debited to Yélo (in respect of goods provided by) from your debit or credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order.
CANCELLATION BY YÉLO
We reserve the right to cancel the contract between us if:
we have insufficient stock to deliver the Goods you have ordered;
one or more of the Goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers; or
we have reason to suspect that there is a risk of a fraudulent transaction.
If we do cancel your contract, we will notify you by email and will re-credit to your account any sum deducted by us (in respect of Goods provided by us from your debit or credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
GUARANTEES
All guarantees in respect of Goods are provided entirely by the manufacturers/UK importers and are subject to terms contained therein. You are reminded to complete all warranty cards/documents upon receipt of the Goods where appropriate.
TITLE AND RISK
Title and risk to the Goods shall pass to you when the Goods ordered are collected by yourself or by a person acting on your behalf or delivered to you. Any person acting for you at point of collection must have proof of purchase and identity. Yélo cannot be held responsible for fraudulent use of your personal information by another party.
LIABILITY
If the Goods we deliver are not what you ordered or are damaged or defective, we shall make full and best effort to correct the situation.
If you experience any problems with the Goods after the Contract is formed (at the moment of purchase and collection), you are protected by the full range of English Consumer Law and our Terms and Conditions do not cancel those Consumer Rights.
USE OF GOODS
Any advice given by our agents or servants during telephone/Internet orders is based entirely upon information provided by you. Where advice is given by our agents or servants, such advice shall amount to an opinion only and we shall not accept liability for any inaccuracies therein. Goods supplied are supplied only to correspond to the purpose for which Goods of that kind are commonly supplied and not for any alternative uses to which they may be put. We shall accept no liability for any failure of Goods due to any such alternative use, amendment or modification.
You confirm that you shall comply with any and all rules relating to use of the Goods and fully accept that we shall not be liable for any loss which results from forced, misdirected, inappropriate or unqualified installation of any Goods or not adequately maintained the Goods. Furthermore, we shall accept no liability for death or personal injury, unless caused directly by our own negligence.
Any Goods, or parts of them, that are modified or adapted by you or any third party shall no longer be warranted by the manufacturer nor shall we be liable for any failures resulting from any such modification or adaptation.
COMPETITION GOODS
Any Goods specified as and supplied as ‘Competition Goods’ are supplied for specialist use and are subject to extreme wear and stress whilst in use. The life expectancy and durability of such Goods are greatly reduced and you should note that any claim for failure or wear shall be limited to that of the manufacturers’ guarantees. You agree that such use shall be a relevant circumstance for the purposes of the Sale of Goods Act 1979 (as amended). In addition, any parts connected to Competition Goods may be placed under stress and you should take advice from experts prior to purchase of such parts. You should also be aware that manufacturers may limit their guarantees when parts are installed for competition use.
PAYMENT TERMS
Please note that all website and mail order payments are taken in full at the time of order, regardless of stock. The total price paid represents an amount to us for the supply of Goods. Reservations for in-store collection require full payment at the time of collection.
Quotations are given on the assumption that no variation in the Price will be made by the manufacturer/sole importer and that Government levies remain unaltered. In the event of such changes, the Price of any orders placed before the variation will remain the same and no further increases will be passed to you.
EVENTS BEYOND OUR CONTROL
We shall accept no liability in respect of any failure to supply Goods you have ordered or any delay in doing so or for any damage or defect to Goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident, acts of God, war or actions by third parties.
THIRD PARTY RIGHTS
Notwithstanding any other provisions of these terms and conditions, nothing in these terms and conditions shall confer, nor is it intended to confer, a benefit on any third party (for the purposes of the Contract (Rights of Third Parties) Act 1999 or for any other purpose).
JURISDICTION
These terms and conditions shall be governed by and interpreted in accordance with English Law and industry custom and practice, and the English courts shall have exclusive jurisdiction in respect of any claims or disputes (whether contractual or non-contractual) arising therefrom.
ENTIRE AGREEMENT
These terms and conditions, together with our current website prices, contact details and privacy policy, set out the whole of our agreement relating to the supply of the Goods to you by us. Nothing said by any person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any Goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
