Terms & Conditions

Damian Harris Cycles - Terms And Conditions Of Sale

By placing an order for any of our products you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions you may not order any product.


Steps For Order Acceptance
The technical steps required in creating the contract are as follows : You place the order for your products on the website by pressing the confirm order button at the end of the checkout process. You will pay 100% of the total transaction value as a deposit by card on-line. The balance is due and payable as set out in the section below titled Price And Balance Payment.
Damian Harris Cycles.co.uk, will send you an order acknowledgement email detailing the products you have ordered, the amount paid, the balance outstanding and our name and address.
The contract of sale is created at this point.


Collection / Home Delivery
We will contact you, usually by telephone, to confirm acknowledgement of the order. The product will usually be available at our store within 3 to 4 days, although this may vary from time to time. Items which are currently held in stock are available for immediate collection.

If you have chosen the collect in-store option, when the product has arrived in store we will contact you again to tell you so that you can arrange a convenient time to come in and collect your purchases. When you come in you must bring with you the order acknowledgement email and credit/debit card used to pay the deposit. This is for security purposes and for the payment of the balance due.

If you have chosen the home delivery option, we will despatch the goods to your specified UK address. Your order will generally be delivered between 8.00am and 6.00pm - Monday to Friday. We are unable to guarantee a specific delivery time. If there is nobody in when the courier calls, then they will normally leave a card. You can then contact them to arrange delivery for another day or collect the delivery from your local depot.


Non Acceptance Of Order
Non-acceptance of an order may be a result of one of the following and will be notified at time of order placement:
The product you ordered being unavailable from stock.
Our inability to obtain authorisation for your payment.
The identification of a pricing or product description error.
You not meeting the eligibility criteria set out in these terms and conditions.

Price And Balance Payment
The prices payable by you for products that you order are as set out in the Website and are subject to change. They are shown inclusive of VAT (where applicable).

Your chosen payment method must produce cleared funds to us prior to any items ordered being dispatched.

Your Right To Cancel The Order
If you have chosen the collect in-store option, you are entitled to cancel this contract if you so wish provided that you tell us in writing and exercise your right up to the time and point of collection of the product from our store.

If you have chosen the home delivery option, you are entitled to cancel this contract if you so wish, provided that you exercise this right no more than seven working days after the day on which you receive the product.

If you exercise the right to cancel:
You will receive a full refund of the money that you have paid apart from the delivery charge (if applicable) by crediting your original payment card.

Unless the product is faulty, you must bear the cost of returning the product to us. If you fail to return the product within 14 days of your notifying us of the cancellation, we will have the right to recover the product and deduct the cost of recovery from your card.

You are also entitled to a full refund if the product is not available at the time arranged for you to collect it or, if no date is agreed, within 30 days of your placing the order.


Non Collection Of Product/s
If you fail to come and collect the product/s you have ordered at the time we have notified you it is available for collection, we undertake to hold on to it for you for 30 days from that point. Within this period we will attempt to make contact with you.

If you have still not come in to collect the product after that 30 days has elapsed, we will be entitled to regard the contract for the product as cancelled and we will have the right to retain the deposit you have paid as a cancellation charge. We will also have the right to dispose of the product as we see fit.


Description Of Products
Each product purchased is sold subject to its product description which may set out additional specific conditions related to that product including, without limitation, terms and conditions concerning warranties, after-sales service and guarantees.


Warranty
We undertake to observe fully the terms of any warranty (whether statutory or otherwise) applicable to the products supplied by us to you.

If the product does not conform to the contract of sale at the time of delivery to you, you have the right:
To require us to reduce the purchase price of the product by an appropriate amount,
or
To require us to cancel the contract
or
To require us to repair the product
or
To replace the product.

If you require us to repair or replace the product, we shall:
Repair or replace (as the case may be) the product within a reasonable time, but without causing significant inconvenience to you.
Bear any necessary costs incurred in doing so provided the repair or replacement is not impossible, that the remedy you require is not disproportionate in comparison to the other remedies and is not disproportionate in comparison to an appropriate reduction in the purchase price.
This does not affect your statutory rights as a consumer, nor does it affect your Right to Cancel the Order (See above).
We do not accept responsibility for losses you suffer as a result of us breaking the contract if the losses are a foreseeable consequence of us breaking the contract. Losses are foreseeable where they could be contemplated by you and us at the time the contract is made. Are are also not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us (such as loss of profits or loss of opportunity).
Nothing in these terms and conditions shall exclude or limit our liability for death or personal injury resulting from the negligence of us or that of our employees.

E-Vouchers
If an approved e-voucher code is applied to the order, this entitles the user to a discount (money or percentage) off the published price on the website as set out on the e-voucher itself. Certain products or groups of products may be excluded from the e-voucher offer. The user is allowed only one use of each e-voucher code.

Severance
If any part of the terms and conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the terms and conditions and shall not affect the validity and enforceability of any of the remaining provisions of the terms and conditions.

Law
The terms and conditions shall be governed by and construed in accordance with the laws of England and we both irrevocably submit to the exclusive jurisdiction of the courts of England.


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