Website terms and conditions of supply
These Terms will apply to any contract between us for the sale of Services to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any services from our site. Please note that before placing an order you will be asked to agree to these Terms.
These Terms, and any Contract between us, are only in the English language.
INFORMATION ABOUT US
www.canfixbikes.co.uk is a site operated by Cycle Assembly Network Ltd ("We"). We are registered in England and Wales under company number 7756797 and have our registered office at Unit 12b Wilton Court Industrial Estate, 851 Bradford Road, Birstall, West Yorkshire, WF17 8NN, United Kingdom. Our VAT number is 119795571.We are a private limited company.
Our trading name is CAN (Cycle Assistance Network), and we provide a range of services for cyclists and bicycle owners , including assemblies for new bicycles, bicycle servicing and repairs, in the course of our trade and business. CAN and Cycle Assistance Network are trademark names for which registration has been applied for.
The services offered are as described in the service description, please refer to the product description to see what is included or excluded.
Any parts that may be required as identified by the Mechanic during the service are not included in the price of the service, except where specifically stated
Any parts purchased directly from and fitted by our Approved Mechanic at your request do not form part of the contract with CAN for the service purchased via our website.
All services shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the services you have ordered are not available and we will not process your order if made.
We aim to provide prompt and professional service at all times, however, if you are unhappy with any aspect of our service, then you should contact CAN immediately, using our Contact Us page to advise us of the specific issue so that we are able to agree the appropriate action to remedy the complaint. Please ensure you quote your order/reference number when contacting us to enable us to process your query swiftly.
USE OF OUR SITE
Your use of our site is governed by our Terms of Website Use. Please take the time to read these, as they include important terms which apply to you.
HOW WE USE YOUR PERSONAL INFORMATION
IF YOU ARE A CONSUMER
This clause 5 only applies if you are a consumer.
If you are a consumer, you may only purchase services from our site if you are at least 18 years old.
As a consumer, you have legal rights in relation to services that are not to a reasonable standard or as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
For the steps you need to take to place an order on our site, please see the product pages for each service.
Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 6 v.
If you have ordered a service from us, we will confirm our acceptance to you by sending you an e-mail and/ or text which confirms that the service has been allocated to a mechanic as a Provisional Booking.
The Contract between us will only be formed when we send you notification of an Appointment Confirmation. The appointment will usually be within 10 working days of the Provisional Booking email, subject to availability of the Customer, any bike to be assembled and the Mechanic.
If we are unable to supply you with particular services, for example because those services are no longer available or because of an error in the price on our site as referred to in clause 11 iv, we will inform you of this by e-mail and we will not process your order. If you have already paid for the service/s, we will refund you the full amount as soon as possible.
OUR RIGHT TO VARY THESE TERMS
We may revise these Terms from time to time in the following circumstances:
(a) changes in how we accept payment from you; and
(b) changes in relevant laws and regulatory requirements.
Every time you order a service from us, the Terms in force at that time will apply to the Contract between you and us.
CANCELLATION, RETURN AND REFUND RIGHTS IF YOU ARE A CONSUMER
Cancellation of the Contract between us can be made up to 24 hours prior to the appointment date and time confirmed on your Appointment Confirmation
In the event that the mechanic arrives at your location and is unable to carry out the work due to you not being present, no access or the bike not being available, a charge of 25% of the order value will be retained to cover the costs of the Mechanic attending a failed appointment.
As a consumer, you have the right to cancel a Contract during the period set out below in clause 8 "vi".
This means that during the relevant period if you change your mind or for any other reason you decide you do not want us to provide the service, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
You may cancel a Contract from the date you receive the Provisional Booking, and up 24 hours before the agreed Appointment date and time confirmation.
To cancel a Contract before the service has taken place, you must contact us in writing by sending an e-mail to Customer Services or contact our Customer Services telephone line. You may wish to keep a copy of your cancellation notification for your own records.
If at least 24 hours notice of cancellation is given, you will receive a full refund of the price you paid for the service. We will process the refund due to you as soon as possible and, in any case, within 28 calendar days of the day on which you gave us notice of cancellation as described in clause 8 vi.
We will refund you on the credit card or debit card used by you to pay.
Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
We reserve the right to cancel the contract between us if:
(a) we have no Mechanic available to provide the services you have ordered;
(b) we have no Mechanic available in your area;
(c) one or more of the services you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information .
(d) 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 e-mail and will re-credit to your account any sum deducted by us (in respect of services provided by us,) from your debit or credit card as soon as possible but in any event within 28 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
DELIVERY OF THE SERVICE
Your order will be fulfilled on the confirmed Appointment confirmation date set out in the appointment confirmation email notification, unless there is an event outside our control which could be considered as force Majeure. Examples of such events can be found under clause 15 ii below.
If we are unable to meet the estimated Appointment because of an Event outside our control, we will contact you with a revised Provisional Appointment.
Fulfillment of the order will be completed when our mechanic has arrived at your home or other nominated address and has completed the work on the bicycle as detailed in the service description and on the Job Sheet provided.
Any additional work to that ordered, and which may be required is at the discretion of the Mechanic, and with your agreement, forms a new contract directly with the Mechanic, independent of that ordered via this website.
If you have asked us to attend an address and either the bicycle is not available or an adult over the age of 18 years is not available to sign for the work, at the agreed time, we will leave you a note advising you of our attendance. Please contact us to rearrange the service. This visit will incur a charge equivalent to 25% of the order value to cover the cost of the Mechanics visit.
We do not currently offer our services outside of mainland UK.
PRICE OF SERVICES
The prices of the services will be as quoted on our site and may vary from time to time. We take all reasonable care to ensure that the prices of the services are correct at the time when the relevant information was entered onto the system. However, if we discover an error in the price of the services you ordered, please see clause 11 iv for what happens in this event.
Prices for our services may change from time to time, but changes will not affect any order which we have confirmed with an Appointment Confirmation.
The price of Services includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the services in full before the change in VAT takes effect.
Our site contains a large number of services. It is always possible that, despite our reasonable efforts, some of the Services on our site may be incorrectly priced. If we discover an error in the price of the Services you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Services at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Goods to you at the incorrect (lower) price.
HOW TO PAY
You can only pay for our Services using a debit card or credit card. We accept all major Credit and Debit Cards as follows: MasterCard, Visa, Maestro, Visa Electron and Visa Debit, please note we do NOT accept American Express
Payment for the Services is in advance. We will not charge your debit card or credit card until we confirm an Appointment date.
We do not provide a warranty on any Goods or Parts which you have purchased elsewhere, including those provided directly from one of our Approved mechanics. Warranty information for parts can be obtained from the supplier of the parts.
Our warranty is limited to the services described in the service description.
None of the warranties in this clause 13 apply to any defect in the Goods arising from:
(a) fair wear and tear;
(b) Customer assembly;
(c) Customer maintenance;
(d) any modification of the frame, fork, or components from the original specifications or any installation of components, parts, or accessories not originally intended for or compatible with the bicycle;
(e) willful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
(f) if you fail to operate or use the Goods in accordance with the user manual;
(g) any alteration or repair by you or by a third party who is not one of our authorised repairers; or
(h) any components in relation to modification to specification provided by you.
Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the services are suitable for your purposes.
OUR LIABILITY IF YOU ARE A CONSUMER
If we fail to comply with these Terms, we are responsible only for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
We only currently supply our services for domestic and private use. You agree not to use the bicycles we have worked on for any commercial, business use, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective Goods under the Consumer Protection Act 1987.
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 15 ii.
An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
COMMUNICATIONS BETWEEN US
When we refer, in these Terms to "in writing", this will include e-mail.
If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by e-mail or by pre-paid post to our address set out at the beginning of these Terms. We will confirm receipt of this by contacting you in writing, normally by e-mail. If you are a consumer and exercising your right to cancel under clause 8, then please refer to clause 8 vi to understand the steps required to cancel your order.
If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
OTHER IMPORTANT TERMS
We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
This contract is between you and us. No other person shall have any rights to enforce any of its terms.
Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the provision of services through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England will have non-exclusive jurisdiction.