Terms and Conditions of Supply for epicroadrides.com
Shop.epicroadrides.com (“Site”) is owned and operated by Clare Dewey, an Enterprise Individuelle registered in France with SIRET 881 756 621 00010 and vat number FR44881756621 (“we” “us” “our”).
Please read these terms and conditions carefully before placing an order. By purchasing products on this Site, you agree to be bound by these terms and conditions. If you are not willing to be bound by these terms and conditions please do not purchase products on this Site.
2. CHANGES TO TERMS
2.1 We reserve the right, at our discretion, to modify, add, or remove any or all of these terms and conditions at any time and each such change shall be effective immediately upon posting. Please check these terms and conditions periodically for changes.
2.2 Your continued use of this Site and purchase of products on this Site following the posting of changes to these terms and conditions will mean you accept those changes. Please check the terms before every purchase.
2.3 If the revised terms apply to your order after you have placed it, we will notify you of the changes. If you intend to cancel the Contract with us upon such changes, you may cancel either in respect of all the affected Products or just the Products you are yet to receive. If you opt to cancel, you shall return (at our cost) relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
3.2 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.
3.3 It is your responsibility to ensure that all information (including your name and address) that you upload to the Site, is correct and accurate. Ensure that you check all information before making a purchase.
We have made every effort to display the images of the Products accurately on our Site, but they are for illustrative purposes only. Products delivered and packaging may vary slightly from those images. Colours and shades of products shown on our Site will depend on many variables, including your computer type, monitor display settings or the light quality in your environment. Please be aware that many of the goods on our Site are individually handcrafted and may have differences that set them apart from mass-produced items. All sizes, weights, capacities, colours, dimensions and measurements indicated on our Site have a 10% tolerance.
5. AGE RESTRICTION
You shall not purchase any Products from our Site if you are below the age of 18 years old.
6. ACCEPTANCE OF ORDER
6.1 Each order you place shall be deemed to be an offer by you to purchase the Products specified within it subject to these Terms and the details of the Product on our Site.
6.2 These Terms will become binding on you and a Contract will come into effect only upon our written acceptance of the order issued to you by email (“Order Confirmation”).
6.3 If the title of the Product you purchase is in the format “[product name] (by [name])” and the description of the product states “This product will be dispatched by [name]” then your contract for that Product is with a third party (Seller) rather than us. Where a contract is made with a Seller the contract is made between yourself and the Seller. In such cases, we do not possess the items offered for sale and the contract between you and the Seller shall compromise these Terms, the Order Confirmation and the details of the Product on our Site. You agree to be bound by all such provisions.
6.4 If there is any conflict between these Terms, the Order Confirmation and the details of the Product on our Site, these Terms will take priority to the extent of the conflict.
6.5 At the time of acceptance of an order an order number is assigned to you. You should quote the order number in all your subsequent correspondence relating to the order.
6.6 If you have already paid for the Product and we or the Seller are unable to supply you with a Product because the Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our Site, we or the Seller will notify you and will refund you the full amount (including any delivery costs charged) as soon as possible.
6.7 Where you order Products through the Site we may disclose your customer information related to that transaction to the relevant Seller (or Sellers if your order is for goods supplied by multiple Sellers). You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
7. ENTIRE AGREEMENT
These Terms and any documents expressly referred to in them constitute the entire agreement between you and us and supersede all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
8.1 You acknowledge and agree that by entering into this Contract with us you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms and any documents expressly referred to in them.
8.2 You shall not have any claim for innocent or negligent misrepresentation against us based on any statement in this Contract.
8.3 Except as expressly stated in these Terms and any documents expressly referred to in them, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms and any documents expressly referred to in them, 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 Products are suitable for your purposes.
9. RIGHT TO CANCEL, RETURNS AND REFUSAL OF TRANSACTIONS
9.1 Please see our Returns Policy if you wish to cancel a transaction or organise a return, replacement or refund of a Product purchased through the Site. Unfortunately, some items are non-cancellable and non-refundable - please see our Returns Policy for more information.
9.2 We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of so refusing or by reason of unwinding or suspending any transaction after processing has begun.
10.1 Your shopping cart shows the Products you have chosen, the Seller who will supply them and the shipping costs. These will vary according to the delivery method of each Seller. Any delivery times quoted are estimated, are in working days and will be within 30 days after the date of the Order Confirmation. The delivery date may occasionally be affected by Circumstances Beyond Our Control in which case please see clause 16 below.
10.2 Delivery of an order shall be deemed to be completed when:
(a) we (or the Seller) deliver the Products to the address given by you;
(b) we (or the Seller) deliver the Products directly to you; or
(c) a carrier organised by you to collect Products from us collects the Products from us
and you will be responsible for the Products from that time.
10.3 Upon receipt of full payment (including all applicable delivery charges) you will be the owner of the Products.
10.4 If we fail to deliver Products within 30 days, then you may cancel your order straight away if any of the following applies to you:
a) we have refused to deliver the Products;
b) delivery within the delivery deadline was essential considering relevant circumstances; or
c) you informed us prior to acceptance of your order that delivery within the delivery deadline was essential.
10.5 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 10, you can specify a new reasonable delivery deadline, and you can cancel your order if we do not meet the new deadline.
10.6 You can cancel your order under clause 10.5 or clause 10.6, only for some of the Products or all of them, unless splitting them up would significantly reduce their value.
11. INTERNATIONAL DELIVERY
11.1 We and our Sellers deliver to some destinations outside the UK (International Delivery Destinations). However, certain Products are not delivered to International Delivery Destinations.
11.2 Delivery of Products to International Delivery Destinations may be subject to applicable import duties and taxes payable by you. Please note that we have no control over these charges and cannot predict their amount. Prior to placing an order you should contact your local customs office for information on this.
11.3 You agree to comply by all applicable laws of the country to which Products are delivered and we shall not be liable for any such violations.
12. PRICE AND DELIVERY CHARGES
12.1 Prices of the Products are specified on our Site and confirmed on the checkout page. We may change our prices any time, but that will not affect the prices for confirmed orders.
12.2 Our prices are inclusive of VAT. However, if there is a change in the rate of VAT between the date of the order and the date of delivery or performance, the rate of VAT that you pay will be adjusted, unless you have already paid full purchase price prior to the change in the rate of VAT takes effect.
12.3 Delivery cost is not included in the price specified for a Product. It will be added to the due amount.
12.4 Despite our best efforts, there may be incorrect prices on some of the Products. If the Products' correct price is less than a price shown on our Site, the lower amount will be charged. If the Products' correct price is higher than the price specified on our Site, we will inform you of this and ask whether you wish to continue with the order with the actual higher price. If the error in price is obvious, unmistakeable and mispricing could have been recognised reasonably by you, we will not be liable to provide the Products to you at the lower price that was incorrect.
12.5 All prices shall be shown in the applicable currency and payable in that currency. You accept that some banks may charge you an additional fee for certain transactions (for example, international transactions). You accept that item prices in the currencies displayed do not vary according to your location; delivery charges will vary depending on the destination to choose to have the item delivered. For delivery destinations within the EU prices include VAT or other sales taxes where applicable. For delivery destinations outside the EU, prices do not include VAT or other sales taxes.
13.1 Payment for Products is to be made in advance by credit or debit card.
13.2 Where a contract is made with a Seller, in accepting or otherwise processing your payments related to the purchase of items from Sellers, we act in the capacity as commercial agent of the Seller. In respect of all payment methods, the Seller acknowledges and agrees that the valid payment by you to us for the purchase of item(s) between you and the Seller will satisfy your obligation to pay the Seller for the relevant item(s) and consequently, any debt obligations owed by you to the Seller for the purchase of such items shall be extinguished at that time. You acknowledge that these Terms, and/or any transaction made by you via shop.epicroadrides.com, do not create or imply any partnership, joint venture or trust relationship between us, you and/or the Seller. The Seller further agrees that it will not seek recourse (legal or otherwise) against you for payment of items if you have validly paid us.
14. SPECIAL OFFERS AND DISCOUNTS
Unless we state otherwise, offers and discounts cannot be used in conjunction with any other offer. Clearance items, promotional items, gift certificates or delivery charges are not included in our special offers. No cash alternative is available and offers are non-transferable. Discount or offer prices will be shown on the product listing page or at the checkout stage on the Site. We retain the right to withdraw offers or discounts at any time and for any reason.
15. DISCLAIMER OF WARRANTIES FOR THE PRODUCTS AND LIMITATION OF LIABILITY
15.1 We cannot give any undertaking, that goods and/or services you purchase from us or from Sellers through the Site will be of satisfactory quality, and this and any other such warranties (whether express or implied) are disclaimed by us absolutely to the fullest extent permitted by law. This disclaimer does not affect your statutory rights against us where the Contract is with us or the Seller where the Contract is with the Seller.
15.2 To the fullest extent permitted by applicable laws, we disclaim responsibility for any harm resulting from any of the Products or your use of any part of our Site. The Site and all Products delivered to you are provided “as is” and “as available” and we expressly disclaim to the fullest extent permitted by law all express, implied and statutory warranties.
15.3 Products supplied by us/the Seller are for non-commercial purposes only. You shall not use the Products for any business or re-sale, commercial purpose. We are not liable to you for any loss of business, loss of profit, loss of business opportunity, or business interruption.
15.4 Exceptions to Limitation of Liability
Our liability does not exclude or limit in any way:
(a) fraud or fraudulent misrepresentation;
(b) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
(c) defective products under the Consumer Protection Act 1987;
(d) breach of the terms implied by sections 13, 14 and 15 of the Sale of Products Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) breach of the terms implied by section 12 of the Sale of Products Act 1979 (title and quiet possession).
16. CIRCUMSTANCES BEYOND OUR CONTROL
16.1 If there is failure to perform, or delay in performance of any of our or the Seller’s obligations under these Terms due to circumstances beyond our control or the Seller’s control, we will not be liable for such failure.
16.2 Such circumstances include any act or event beyond our reasonable control, including without limitation lock-outs, strikes, or other industrial action by third parties, riots, civil commotion, terrorist attack or threat of terrorist attack, invasion, war (whether declared or not) or threat or preparation for war, explosion, fire, flood, storm, subsidence, epidemic, earthquake, or other natural disaster, failure of private or public telecommunications networks, or restraints or delays affecting carriers or an inability or delay in obtaining supplies of adequate or suitable materials (“Circumstances Beyond Our Control”)
16.3 If any Circumstances Beyond Our Control affects the performance of our/the Seller’s obligations under these Terms:
(a) you will be notified; and
(b) the time for performance of our/the Seller’s obligations will be extended and such obligations under these Terms will be suspended for the duration of the Circumstances Beyond Our Control. If the delivery date is affected by the Circumstances Beyond Our Control, we will reschedule the delivery date with you after the Circumstances Beyond Our Control are over.
16.4 If Circumstances Beyond Our Control occur and you do not wish us to provide the Products, you may cancel the contract in accordance with clause 9. We may cancel the contract if the Circumstances Beyond Our Control continues for more than 30 days.
17.1 Any notice to us should be in writing and sent to us by e-mail, by hand, or by pre-paid post to Clare Dewey at [email protected] or Epic Road Rides, Office 16638, PO Box 6945, London, W1A 6US.
17.2 Any notice to you will be in writing by e-mail, by hand, or by pre-paid post to the address you provided us with on the order.
18.1 We may assign our rights and obligations under these Terms to any another person. If there is any such assignment of rights and obligation, we will inform you in writing or by email.
18.2 You cannot transfer your rights and obligations under these Terms to any another person without our written approval.
18.3 This contract is only between you and us. No other third person shall have any rights to enforce any terms (which includes for these purposes the Seller). Nothing in this clause excludes our rights when acting as an agent of any Seller.
18.4 Each paragraph of these Terms are separate and distinct from other. If any court or relevant authority determines any of paragraphs of these Terms is unlawful, then such determination will not affect other paragraphs and all other remaining paragraphs will remain in effect and full force.
18.5 Our failure to insist that you perform any of your obligations under these Terms, or to enforce our rights against you, or delay in doing so, does not mean that our rights against you have been waived and does not mean that you need not comply with those obligations. Any waiver by us of your default will be only in writing, and it does not mean that we will waive any of your future defaults.
18.6 English law governs these Terms and contract between you and us. English courts will have jurisdiction on any dispute that may arise out of this Terms or contract between you and us. However, you may bring proceedings in Northern Ireland if you are a resident of Northern Ireland, and you may bring proceedings in Scotland if you are a resident of Scotland.
19. CONTACT US
If you have any questions or queries you can e-mail us at [email protected]