CONTRACT FOR THE PURCHASE OF PRODUCTS FROM OUR EBAY STORE:
This document (together with any other documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our eBay store. Please read these terms and conditions carefully before ordering any Products from our store. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
1. INFORMATION ABOUT US
eBay store http://stores.shop.ebay.co.uk/GhostBikes-Store is operated by UK Good Deals Ltd (we) trading as Ghostbikes. We are registered in England with our registered office at:
Deepdale Mill Street
Our VAT number is: GB 841 3864 23
2. SERVICE AVAILABILITY
Our eBay store is only intended for use by people resident in the United Kingdom of Great Britain and Northern Ireland (UK) or member states of the European Union (EU).
3. YOUR STATUS
By placing an order through our store, you warrant that:
a. You are legally capable of entering into binding contracts; and
b. You are at least 18 years old;
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
We will take all reasonable steps to keep the details of your order and payment secure, but, unless we are found to be negligent, or we have not complied with our requirements under the Data Protection legislation, then we shall not be liable for any financial losses caused as a result of unauthorised access to information provided by you.
5. CONSUMER RIGHTS
If you are contracting as a consumer, you may cancel a Contract at any time within 30 working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 10 below).
If the Product is not faulty or damaged on delivery, and you cancel the order within 30 days of receipt, you must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
We will take reasonable care to ensure that all details, descriptions and prices of Products appearing on our store are correct. Our aim is to keep our store up to date and accurate. If we discover an error (in detail, description or price) we will inform you as soon as possible and give you the opportunity to reconfirm your order or cancel it. If we are unable to contact you within a reasonable period of time then we will treat your order as cancelled. If at the time of cancellation you have paid for the Product(s) then you will receive a refund in full. Please see clause 9.5 regarding errors in pricing.
If a Product develops a fault and is covered under a manufacturer’s warranty or is damaged on receipt then we will ask you to send the item back to us or arrange collection from you. If we are satisfied that there is a fault in the Product or the damage was caused by our negligence then we will either replace the Product or refund you the price paid (at our discretion) within 30 days, including any return postage costs.
If you are reporting a fault within the manufacturer’s warranty period then we strongly recommend that you call our customer services on 01772 792600.
Faults caused by accident, misuse or negligence may not be covered by a manufacturer’s warranty, whether or not the products are within the warranty period.
6. AVAILABILITY AND DELIVERY
We make every effort to hold sufficient stock to fulfil your order by the delivery date set out in the Dispatch Confirmation and we will not list items on eBay that we do not have in stock. If for some unforeseen reason we discover that stock is not available after we have received your order we will contact you and may, in agreement with you supply or deliver a substitute product, or refund you the price paid by you. If we agree a refund and you have not yet paid the price for the Product then we will raise a credit to offset the amount invoiced to you.
Certain Products are the subject of a legally prescribed age restriction. You may therefore be required to confirm that you are over 18 years of age and we reserve the right to carry out checks to verify your age and will, if we are not reasonably satisfied, cancel your order.
In the United Kingdom it is against the law to sell or supply intoxicating substances to persons under the age of 18 years. By placing an order for such Products you confirm that you are over the age of 18. If on delivery we have any reasonable doubt that there is a recipient at the address over 18 years of age then we reserve the rights to either make enquiries and seek verification (by the provision of identification) or cancel the order. The courier will not leave the Product if they are not reasonably satisfied that they are delivering the Products to a person over the age of 18.
We may specify or recommend from time to time special rules regarding dates for deliveries (such as at Christmas and other busy periods). Notices of these special rules will be placed on our store.
7. RISK AND TITLE
The Products will be at your risk from the time of delivery. We may ask you to sign for Products delivered and this will be deemed an acknowledgement of receipt in an undamaged state.
Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
8. PRICE AND PAYMENT
The price of any Products will be as quoted on our eBay store from time to time, except in cases of obvious error.
These prices include VAT (and any other sales taxes) but exclude delivery costs, which will be added to the total amount due as set out on our store. Unless the item is VAT free
Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
Payment for Products must be by credit, debit card, PayPal, Bank Transfer, Cash or Postal Order. All payments are debited on order submission.
9. OUR CANCELLATION AND REFUNDS POLICY
You may cancel an order at any time prior to your order being dispatched by calling us on 01772 792600
When you return a Product to us:
a. because you have cancelled the Contract between us within the 30-day cooling-off period (see clause 5.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.
b. for any other reason (for instance, because you have notified us in accordance with paragraph 20 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for a defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
If you have cancelled the order after dispatch and the Product is not returned to us within 30 days we will make reasonable attempts to recover the Product and reserve the right to recover from you our reasonable costs of recovery attempts and (if not already paid) the cost of the unreturned Product.
10. OUR LIABILITY
Where you purchase as a consumer we warrant to you that any Product purchased from us through our store is of satisfactory quality and reasonably fit for the purposes for which products of the kind are commonly supplied. You undertake that any Products purchased by you are for your own private and domestic use only.
Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product paid by you.
10.3 This does not include or limit in any way our liability:
a. For death or personal injury caused by our negligence;
b. Under section 2(3) of the Consumer Protection Act 1987;
c. For fraud or fraudulent misrepresentation; or
d. For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
We are not responsible for direct or indirect losses which happen as a side effect of the main loss or damage, including but not limited to:
a. loss of income or revenue
b. loss of business
c. loss of profits or contracts
d. loss of anticipated savings
e. loss of data
f. waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable;
provided that this clause 10.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 10.1 or clause 10.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (f) inclusive of this clause 10.4.
We provide information on our site on an “as is” basis and make no representation and give no warranty of any kind, express or implied in respect of the information or content provided on our eBay store. Although we make every effort to ensure that it is accurate, complete and up to date we do not warrant that this information or content is accurate, complete or current.
We are not liable (including liability for negligence) in relation to the acts or omissions of telecommunication and internet service providers or for failures of, or faults in their networks and equipment.
11. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our store, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our eBay store. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all Contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to UK Good Deals Limited at Unit 5, Deepdale Mill Street, Preston, Lancashire, PR1 5BY, United Kingdom or email us at firstname.lastname@example.org
13. TRANSFER OF RIGHTS AND OBLIGATIONS
The Contract between you and us is binding on you and us and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
14. 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 events outside our reasonable control ( A Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
a. Strikes, lock-outs or other industrial action.
b. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
c. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
d. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
e. Impossibility of the use of public or private telecommunications networks.
f. The acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 15 above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
17. ENTIRE AGREEMENT
These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these terms and conditions.
18. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
We have the right to revise and amend these terms and conditions from time to time.
You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
19. LAW AND JURISDICTION
Contracts for the purchase of Products through our eBay store will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
20. PRICE MATCH PROMISE
Ghostbikes offer a price promise whereby if you see the identical product elsewhere (other than our own promotions across our sites) including delivery and if the item is in stock in your required size / colour then we will endeavour to match the price. In order to take advantage of this offer you must show us where it is cheaper before you buy or within 7 days of purchase. The price promise policy is done in good faith and can be withdrawn at any time without notice. Ghostbikes and its sister companies will make any decisions and their word will be final. This Policy is in place to ensure fair play and where we feel any malice has occurred it will not be honoured.