The Bike Store Terms and Conditions
(1) Introduction
Please read these terms of sale carefully. You will be asked to expressly agree to these terms of sale before you place an order for products from our website.
(2) Interpretation
In these terms of sale, “we” means ICDB Bike Store Ltd. (and “us” and “our” will be construed accordingly); and “you” means our customer or potential customer for products (and “your” will be construed accordingly).
(3) Order process
The advertising of products on our website constitutes an “invitation to treat”; and your order for products constitutes a contractual offer. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below. In order to enter into a contract to purchase products from us, you will need to take the following steps: (i) you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout; (ii) if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details; (iii) once you are logged in, you must select your preferred method of delivery and confirm your order and your consent to these terms of sale; (iv) you will be prompted to enter your payment details through the Realex secure pay system (v) we will then send you an initial acknowledgement and (vi) once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.
We will not file a copy of these terms of sale specifically in relation to your order. We may update the version of these terms of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these terms of sale for your records.
The only language in which we provide these terms of sale is English.
Before you place your order, you will have the opportunity of identifying whether you have made any input errors by reviewing the order summary. You may correct those input errors before placing your order by deleting your basket deleting items from your basket .
(4) The products
Goods or equipment shall mean the items detailed in the appropriate section of the sales/order form and it shall be a core term of this agreement that all ancillary items are additional to this agreement unless specifically detailed within the sales invoice/order form. The Products supplied are manufactured by a third party manufacturer and resold by ICDB Bike Store Ltd. in accordance with the manufacturer’s standard specifications as these are revised by the manufacturer from time to time. ICDB Bike Store Ltd. accordingly reserves the right to supply Products with a different specification to that ordered where the ordered Product is unavailable to ICDB Bike Store Ltd. provided that the supplied Product has equivalent functionality, performance and price to that ordered. If you exercise your right of cancellation in respect of any equivalent Product so supplied, ICDB Bike Store Ltd. will bear the cost of returning the Product.
ICDB Bike Store Ltd. will supply Products to you subject to, and in accordance with, this Agreement and the relevant Contract. The quantity, specifications and description of the Products is as set out in the Purchase Confirmation. All samples, drawings, descriptive matter, specifications and advertising issued or made available by ICDB Bike Store Ltd. and any descriptions or illustrations contained in our catalogues, brochures or on the Website are issued or published for the sole purpose of giving an approximate idea of the Products described in them. They do not form part of the Contract and this is not a sale by sample. We endeavor to keep stock information as current as possible, with a large number of products/brands/suppliers the accuracy of stock levels cannot always be guaranteed. However if a product is not available from the supplier we will notify you.
(5) Price and payment
Prices for products are quoted on our website. The website contains a large number of products and it is always possible that some of the prices on the website may be incorrect.
In addition to the price of the products, you may have to pay a delivery charge, which will be as stated before you pay for the product.
Payment must be made upon the submission of your order. We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds.
The prices on the website include all value added taxes and can also be shown ex VAT if the customer chooses to do so.
Payment for all products must be made by credit/debit card OR any method detailed on the website from time to time.
Prices for products are liable to change at any time, but changes will not affect contracts which have come into force.
If you are a business customer, then from time to time we may agree to open an account for you, enabling you to pay in arrears. Where you hold an account, then upon or following the dispatch of products, we will send to you an invoice for payment of the price of those products, and you will pay such invoice within 30 days of the date of the invoice. Accounts will be subject to such credit limits as we may notify to you from time to time. If you do not pay any amount properly due to us under or in connection with these terms of sale on time, we may: charge you interest on the overdue amount at the rate of 5% per year above the base rate of Allied Irish Bank (which interest will accrue daily until the date of actual payment, be compounded quarterly, and be payable on demand); or claim interest and statutory compensation from you pursuant to the Late
Payment of Commercial Debts (Interest) Act 1998.
Please note: All Website and Mail Order payments are taken in full at the point of purchase regardless of stock.
(6) Guarantees
All guarantees for products are provided entirely by the manufacturers/Irish/UK importers and are subject to terms contained therein. Purchasers are reminded to complete all warranty cards/documents upon receipt of goods where appropriate.
(6b) Your warranties
You warrant to us that:
(a) You are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale;
(b) the information provided in your order is accurate and complete; and
(c) you will be able to accept delivery of the products.
(7) Delivery policy
We will arrange for the products to be delivered to the address for delivery indicated in your order.
We will use reasonable endeavors to deliver products on or before the date for delivery set out in our order confirmation or, if no date is set out in our order confirmation, within 2-7 working days of the date of our order confirmation. However, we cannot guarantee delivery by the relevant date. We do however guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 30 days of the later of receipt of payment and the date of our order confirmation.
We will only deliver products within Ireland.
(8) Risk and ownershipm
The products will be at your risk from the time of delivery. Ownership of the products will only pass to you upon the later of:
(a) Delivery of the products and
(b) Receipt by us of full payment of all sums due in respect of the products (including delivery charges).
Until ownership of the products has passed to you, you will possess the products as our fiduciary agent and bailee, and if you are a business customer you must store the products separately from other goods and ensure that the products are clearly identifiable as belonging to us.
We will be entitled to recover payment for the products even where ownership has not passed to you.
(9) Returns policy (Consumers)
This Section applies to consumers, not business customers. If you are a business customer, the applicable returns policy is set out in Section [12]. All returns to us require the completion of an RMA form. Once this form is returned to us it will take 1-4 business days to process. You will then be notified of your return has been accepted or denied. You may need to contact the manufacturer directly to authorise the return, if this is the case we will notify you and supply contact details.
Any products approved for return to us must be packaged securely and include all original documentation, manuals, accessories and original packaging. RMA numbers should be clearly displayed on the outside of the shipping packaging. Do not deface the manufacturers packaging. Packages not clearly displaying a valid RMA number will be refused by us.
You may cancel a contract to purchase a product or products at any time within 7 working days after the day you received the relevant products or products (subject to the limitations set out below) as long as the goods are in a resalable condition and the packaging remains in an ‘as new’ state. In such cases standard RMA procedures still apply and the cost of returning the product must be paid buy you.
You will not have any such right insofar as a contract relates to: (i) the supply of any products which constitute audio or video recordings or computer software which have been unsealed by you; (ii) the supply of products the price of which is dependent upon fluctuations in financial markets which we cannot control; (iii) the supply of goods made to your specifications or clearly personalised.
If the buyer fails to return the goods within 14 days of the cancellation of the contract, ICDB Bike Store Ltd. shall be entitled to collect the goods from the buyer and to recover any costs involved in the collection.
If you cancel a contract on this basis, you must inform us in writing and return the products to us immediately, in the same condition in which you received them. Products returned by you in accordance with this Section will be refunded in full (including the cost of sending the products to you). However, you will be responsible for paying the cost of returning the product to us.
If you cancel a contract on this basis and you do not return the products to us, we may recover the products and charge you for the costs we incur in doing so. Similarly, if you return the products at our expense, we may pass that expense on to you.
"Competition" goods are supplied for specialist use and are subject to extreme wear and stress whilst in use. Life expectancy is greatly reduced and purchasers should note that any claim for failure/wear shall be limited to that of the manufactures guarantees Manufacturers may also limit guarantees when components are installed for competition use.
Where modifications and poor maintenance to goods have been made the company shall accept no liability for death or personal injury unless caused directly by its own negligence.
ICDB Bike Store Ltd shall accept no liability where customers attempt to fit, modify a part/component supplied in a manner that it should reasonably not be fitted or modified.
ICDB Bike Store Ltd accepts no liability in respect of failure to supply due to matters beyond the reasonable control of the company, including strikes, lockouts, civil disputes, acts of God, war or actions by any other third parties.
Any goods returned without a valid Returns Authorization (RMA) number will not be accepted and the package will have to be collected from our registered office at customer’s expense.
Upon authorization, the Returns (RMA) number is only valid for 10 days. If the item has not been returned within this time the returns authorization will be terminated without warning.
Your returns number must be fixed to the outside of the packaging or your return will not be accepted into our offices. Please do not write on or deface original packaging.
Products that are ‘dead on arrival’ or products that develop faults under normal warranty conditions must be submitted to us for processing within 14 days of receipt. Only when the goods are returned to us including all original documentation, manuals, accessories and original packaging and once the fault has been verified by us, we will replace the product.
If your goods were damaged in transit, we request that you report it to us within 48 hours or two working days. If goods are visibly damaged on receipt, please sign the delivery note indicating a description of the visual damage. Once we receive the damaged goods, we will issue a full refund to you.
The buyer confirms that he shall comply with any or all rules relating to installation of the product concerned and fully accepts that any loss which results from forced, misdirected, inappropriate or unqualified installation shall not be accepted by the company.
(10) Consumers: statutory rights
If you are a consumer, any statutory rights which you have, which cannot be excluded or limited, will not be affected by the terms of sale.
(11) Business customers: limitation of warranties
This Section applies only to business customers, not consumers.
These terms of sale set out the full extent of our obligations and liabilities in respect of the products supplied to business customers hereunder. To the maximum extent permitted by applicable law and subject to the first paragraph of Section [15], all conditions, warranties or other terms concerning the products which might otherwise be implied into a contract with a business customer under these terms of sale are expressly excluded.
(12) Returns policy: (Business customers)
This Section applies to business customers, not consumers. If you are a consumer, the applicable returns policy is set out in Section [9].
Products may only be returned to us with our prior agreement, at your expense, and according to our directions. Any products returned in contravention of this Section will not be the subject of any refunds or replacements and you will continue to be liable for payment of the price of such products.
Where you return products to us in accordance with the provisions of this Section, and in our reasonable opinion those products do not conform with the warranties set out in Section [11], then you will be entitled to replacement products (where replacements are available) or, where we agree, a refund of the price paid in respect of those products (including all delivery charges).
(13) Refunds
If you cancel a contract and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your valid notice of cancellation. (14) Force majeure
In this Section and Section [15] below, “force majeure event” means: (a) Any event which is beyond our reasonable control; (b) The unavailability of raw materials, components or products; and/or (c) Power failure, industrial disputes affecting any third party, governmental regulations, fires, floods, disasters, civil riots, terrorist attacks or wars.
Where a force majeure event gives rise to a failure or delay in us performing our obligations under these terms of sale, those obligations will be suspended for the duration of the force majeure event.
We will take reasonable steps to mitigate the effects of the any force majeure event.
(15) Limitations and exclusions of liability
Nothing in the terms of sale will: (a) limit or exclude the liability of a party for death or personal injury resulting from negligence; (b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party; (c) limit any liability of a party in any way that is not permitted under applicable law; or (d) exclude any liability of a party that may not be excluded under applicable law. If you are a consumer, any statutory rights which you have, which cannot be excluded or limited, will not be affected by the terms of sale.
The limitations and exclusions of liability set out in this Section and elsewhere in the terms of sale: (a) are subject to the preceding paragraph; (b) govern all liabilities arising under the terms of sale or in relation to the subject matter of the terms of sale, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
We will not be liable to you in respect of any losses arising out of a force majeure event.
We will not be liable to you in respect of any business losses, such as loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
We will not be liable to you in respect of any loss or corruption of any data, database or software.
We will not be liable to you in respect of any special, indirect or consequential loss or damage.
Our aggregate liability to you under the terms of sale will not exceed the total amount paid or payable by you to us under the terms of sale.
(16) Business customers: indemnity
If you are a business customer, you hereby indemnify us and undertake to keep us indemnified against all and any liabilities, losses, damages, expenses and costs (including legal expenses and amounts paid in settlement of any demand, action or claim) arising, directly or indirectly, out of a breach by you of any of your obligations under these terms of sale.
(17) Contract cancellation
We may cancel a contract to supply products made under these terms of sale immediately by written notice to you if you fail to pay, on time and in full, any amount due to us under the contract, or commit any material breach of your obligations to us under the contract.
If you are a business customer, we may cancel a contract to supply products made under these terms of sale if:
(a) You cease to trade;
(b) You become insolvent or unable to pay your debts within the meaning of the insolvency legislation applicable to you;
(c) a person (including the holder of a charge or other security interest) is appointed to manage or take control of the whole or part of your business or assets, or notice of an intention to appoint such a person is given or documents relating to such an appointment are filed with any court;
(d) the ability of your creditors to take any action to enforce their debts is suspended, restricted or prevented, or some or all of your creditors accept, by agreement or pursuant to a court order, an amount of less than the sums owing to them in satisfaction of those sums; or
(e) Any process is instituted which could lead to you being dissolved and your assets being distributed to your creditors, shareholders or other contributors (other than for the purposes of solvent amalgamation or reconstruction). (18) Consequences of cancellation Upon the cancellation of a contract in accordance with Section [17]:
(a) we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;
(b) you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products); and
(c) all the other provisions of these terms of sale will cease to have effect, except that Sections [8, 11, 12, 15, 16, 18 and 20] will survive termination and have effect indefinitely. (19) Scope of these terms of sale These terms of sale do not constitute or contain any assignment or licence of any intellectual property rights, do not govern the licensing of works (including software and literary works) comprised or stored in products, and do not govern the provision of any services by us or any third party in relation to the products. (20) General terms
Images of products on our website are for illustrative purposes; actual products may differ from such images.
We will treat all your personal information that we collect in connection with your order in accordance with the terms of our privacy statement. Use of our website will be subject to our website terms of use.
Contracts under these terms of sale may only be varied by an instrument in writing signed by both you and us. We may revise these terms of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.
If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.
No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of sale.
You may not assign charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms of sale. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms of sale, at any time – providing where you are a consumer that such action does not serve to reduce the guarantees benefiting you under these terms of sale.
Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.
Subject to the first paragraph of Section [15]: these terms of sale contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms of sale have been made by or on behalf of the other party in relation to the purchase of products from our website.
These terms of sale will be governed by and construed in accordance with Irish Law and the courts of Ireland will have exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale. (21) About us
The full name of our company is ICDB Bike Store Ltd.
Our registered address is:
Unit 17,
Market Cross Shopping Centre,
High Street.
Kilkenny. You can contact us by email to info@bikestore.ie.
