1. THESE TERMS
What these terms cover. These are the terms and conditions on which we supply goods or services to you.
Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide good or services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
In these terms:
Pop-up Bike Market : means a public or school market in the UK where we operate a pop-up market stall offering for sale used, ex-hire and / or pre-owned / second-hand products.
Bike Buyer(s) : means an individual consumer to whom we supply used goods on these terms and conditions.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
Who we are. We are Peddle My Wheels Limited a company registered in England and Wales. Our company registration number is 07998944 and our registered office is at 19-25 Neville Road, Croydon CR0 2DS. Our registered VAT number is 248174003.
How to contact us. You can contact us by writing to us at firstname.lastname@example.org or Unit 3, 17-25 Neville Road, Croydon CR0 2DS.
How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order or any other means.
"Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. OUR CONTRACT WITH YOU – BIKE BUYERS
How we will accept your order. Our acceptance of your order will take place at the Pop-up Bike Market when we provide you with the goods, at which point a contract will come into existence between you and us.
We only sell to the UK. Our website is solely for the promotion of our goods in the UK at our Pop-up Bike Markets. Unfortunately, we do not accept orders from addresses outside the UK.
4. OUR GOODS – BIKE BUYERS
Goods are used, ex-hire models or pre-owned / second-hand. The goods sold at our Pop-up Bike Markets are used and are not supplied as new. These may be ex-hire models under our Try Before You Bike Scheme (https://www.peddlemywheels.com/try-before-you-bike), or pre-owned / second-hand bikes which we have purchased or are selling on behalf of the owner.
The Consumer Rights Act 2015 gives you certain legal rights, for example, that the goods: (a) are of satisfactory quality; (b) are fit for purpose; and (c) match the description, sample or model. We must provide you with goods that comply with your legal rights.
As the goods are used, ex-hire models and/or are pre-owned / second-hand, the standard of quality that you may reasonably expect under your legal rights is lower.
The goods may be subject to minor flaws including (but not limited to): scratches, dents, flaws in the finish, discolouration, and evidence of prior fitting or use.
We will bring any known flaws, faults or defects in the goods to your attention prior to purchase.
You should also inspect the goods at the Pop-up Bike Market prior to purchase to ensure they are of satisfactory quality for their intended use and so that you are aware of any flaws, faults or defects. You should be aware that your legal rights (see Clause 12) are subject to any defects with the goods which your inspection ought to reveal.
Goods have been serviced. Although you are purchasing second-hand goods and should expect the standard of quality to be lower, the goods will have undergone a basic inspection, service and/or repair by us before being sold to you and will be roadworthy and of satisfactory quality at the date of sale. We would recommend that second-hand goods are serviced regularly throughout their lifespan in order to ensure these remain safe and roadworthy.
Goods may vary slightly from their pictures. Any images of the goods on our website or supplied to you in communications between us are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your goods may vary slightly from those images.
Packaging may vary. The packaging of the goods may vary from that shown in images on our website or supplied to you in communications between us.
5. PROVIDING THE GOODS – BIKE BUYERS
When we will provide the goods. We will provide the goods at the Pop-up Bike Market you attend. Delivery is not available for our used goods.
When you become responsible for the goods. The goods will be your responsibility from the time you or a carrier organised by you collect it from us.
When you own goods. You own the goods once we have received payment in full.
What will happen if you do not give required information to us. We may need certain information from you so that we can supply the goods to you, for example, name, address, contact details. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we will not be responsible for supplying the goods late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
Reasons we may suspend the supply of goods to you. We may have to suspend the supply of goods to:
deal with technical problems or make minor technical changes; or
update the goods to reflect changes in relevant laws and regulatory requirements.
Your rights if we suspend the supply of goods. We will contact you in advance to tell you we will be suspending supply of goods, unless the problem is urgent or an emergency. You are reminded that a legally binding contract will not come into existence between you and us until our acceptance of your order at the Pop-up Bike Market when we tell you that we are able to provide you with the goods.
6. YOUR RIGHTS TO MAKE CHANGES IF YOU ARE A BIKE BUYER
If you wish to make a change to the goods or services you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the goods or services, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
If you are a Buyer, you are reminded that a legally binding contract will not come into existence between you and us until our acceptance of your order at the Pop-up Bike Market when we tell you that we are able to provide you with the goods.
7. PRICE AND PAYMENT IF YOU ARE A BIKE SELLER OR A BIKE BUYER
If you are a Bike Buyer:
Where to find the price for the goods. The cost of the goods (which includes VAT) are as set out at the Pop-up Bike Market. We use our best efforts to ensure that the price of the goods advised to you is correct. However please see Clause 7 for what happens if we discover an error in the price of the goods you order.
How and when you must pay. You must pay for the products at the Pop-up Bike Market before you collect. We accept cash and payment via debit and credit cards. All payments by credit card or debit card need to be authorised by the relevant card issuer. We do not accept cheques.
What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will request your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
8. YOUR RIGHTS TO END THE CONTRACT IF YOU ARE A BIKE BUYER
You can always end the contract for the supply of goods or services before it has been completed. You may contact us to end your contract for goods or services at any time before we have completed supplying it and you have paid for it, but in some circumstances we may charge you for doing so, as described below. Of course, you always have rights where a product is faulty or mis-described (see Clause 10, "If there is a problem with the products").
What happens if you have a good reason for ending the contract. If you are ending a contract for a reason set out at (1) to (5) below the contract will end immediately and we will refund you in full for any goods or services which have not been provided or have not been provided properly and you may also be entitled to further compensation. The reasons are;
we have told you about an upcoming change to the goods or services or these terms which you do not agree to;
we have told you about an error in the price or description of the goods or services you have ordered and you do not wish to proceed;
there is a risk that supply of the goods or services may be significantly delayed because of events outside our control;
we have suspended supply of the goods or services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 6 weeks; or
you have a legal right to end the contract because of something we have done wrong.
What happens if you end the contract without a good reason. If you are not ending the contract for one of the reasons set out in Clause 8, then the contract will end immediately and we will refund any sums paid by you for goods or services not provided but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the contract.
Tell us you want to end the contract. To end the contract with us, please let us know by doing the following:
Email. Email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
Returning products after ending the contract.
If you end the contract for goods any reason after goods have received by you, you must allow us to collect them from you. Please email us at firstname.lastname@example.org to arrange collection.
If you end the contract for services, because we have told you of an upcoming change to the services or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you are exercising your legal rights to end the contract because of something we have done wrong then we will pay the costs of returning your bike(s) to you. In all other circumstances, you must arrange to collect your bike(s) from us. Alternatively, we can arrange delivery but you will be responsible for paying the delivery costs. Please email us at email@example.com to arrange collection or delivery.
9. OUR RIGHTS TO END THE CONTRACT IF YOU ARE A BIKE BUYER
We may end the contract if you break it. We may end the contract for goods or services at any time by writing to you if:
you do not make any payment to us when it is due and you still do not make payment within 28 days of us reminding you that payment is due; or
you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the goods or services; or
you do not, within a reasonable time, allow us to deliver the goods or services to you or collect them from us.
You must compensate us if you break the contract. If we end the contract in the situations set out in Clause 9, we will refund any money you have paid in advance for goods or services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
We may withdraw the goods or services. We may write to you to let you know that we are going to stop providing the goods or services. We will let you know at least 2 weeks in advance of our stopping the supply of the goods or services and will refund any sums you have paid in advance for the goods or services which will not be provided but reserve the right to request reimbursement from you for the costs we have incurred in servicing and / or repairing your bike(s) so they are suitable for sale.
10. IF THERE IS A PROBLEM WITH THE GOODS OR SERVICES IF YOU ARE A BIKE BUYER
How to tell us about problems. If you have any questions or complaints about the goods or services, please contact us. You can email us at firstname.lastname@example.org. Alternatively, please speak to one of our staff at a Pop-up Bike Market.
Summary of your legal rights. We are under a legal duty to supply goods and services that are in conformity with this contract. See below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exemptions.For detailed information please visit the Citizens Advice website (www.advicegyuide.org.uk) or call 034354 04 05 06.
If your product is goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
1. Up to 30 days: if your goods are faulty, then you can get an immediate refund.
2. Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
3. Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
However, at all times you should be aware that the goods supplied under these terms are used, ex-hire models, pre-owned or second-hand and therefore the standard of quality you can expect is lower than if purchasing a new bike.
If your product is services, the Consumer Rights Act 2015 says:
1. You can ask us to repeat or fix if it's not carried with reasonable care or skill, or get some money back if we can't fix it.
2. If you haven't agreed a price beforehand, what you're asked to pay must be reasonable.
3. If you haven't agreed a time beforehand, it must be carried out within a reasonable time.
Your obligation to return rejected goods. If you wish to exercise your legal rights to reject goods you must either return them in person to one of our Pop-up Bike Markets or allow us to collect them from you. We will arrange collection and pay the costs. Please email us at email@example.com to arrange collection.
11. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BIKE BUYER
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at Clause 10.
We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in Clause 11.
Subject to Clause 11:
we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the value of the total sums paid by you for goods or services.
12. HOW WE MAY USE YOUR PERSONAL INFORMATION
13. OTHER IMPORTANT TERMS
We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. 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.
Updated 8th November 2022