TERMS AND CONDITIONS
By placing an order with us, you are agreeing to these terms and conditions. Please read them carefully. Under English law, we may not enter into a contract with any person under 18 years of age. By placing an order you declare that you are at least 18 years old. If you require clarification or further information please contact us at firstname.lastname@example.org.
The Seller is Top Gear Ltd and the Buyer is any person or company who buys or has agreed to buy Goods from the Seller. ‘We’, ‘Us’ and ‘Our’ means the Seller, ‘You’ and ‘Your’ means the Buyer.
Goods means any goods supplied by us in accordance with these Terms & Conditions of Sale. These Terms & Conditions supersede any of our previous Terms & Conditions. Any variations of these Terms & Conditions must be confirmed in writing by us and will not otherwise be valid. Any waiver of these Terms & Conditions that we may grant shall merely act as a waiver on that occasion, and shall not affect our right to enforce these Terms & Conditions on any further occasion. No Terms & Conditions stipulated by the Buyer shall have effect unless otherwise agreed in writing by us.
We reserve the right to change details, products, product specifications and prices on any part of this site, including these terms and conditions, at any time and without notice. We will, however, honour any bona fide order made before such changes. If we decide to change our Terms and Conditions, we will post those changes on this page.
This contract is governed by the Law of England.
Conditions of Website Use
No contract will exist between the Buyer and Top Gear Ltd of any goods unless and until we accept your order by e-mail or in person.
That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time that we send the e-mail to you (whether or not you receive that e-mail). For the avoidance of doubt, any such contract will be deemed to have been concluded in the UK. Further, any such contract will be interpreted, construed and enforced in all respects in accordance with the laws of England and the Buyer and Top Gear Ltd irrevocably submit to the non-exclusive jurisdiction of the English Courts.
Except as specifically stated on this Web site, to the fullest extent permitted at law, neither Top Gear Ltd nor any of its affiliates, directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this Web site or the information, content, materials or goods included on this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. For the avoidance of doubt, Top Gear Ltd does not limit its liability for death or personal injury to the extent only that it arises as a result of the negligence of Top Gear Ltd, its affiliates, directors, employees or other representatives.
All Web site design, text, graphics, the selection and arrangement thereof and all software compilations, embedded source code, software (including applets) and all other material on this Web site are copyright of Top Gear Ltd and its affiliates or their content and technology providers. All Rights Reserved. Any use of materials on this Web site, including reproduction for purposes other than those noted in these Terms and Conditions, modification, distribution, or re-publication, without the prior written permission of Top Gear Ltd is strictly prohibited.
Top Gear Ltd is a UK based company and complies with UK consumer law including the Distance Selling Regulations. This means that shopping with us is safe.
Our Terms and Conditions do not affect your statutory rights.
At Top Gear Ltd, we try to ensure that the prices on our web site are correct. If an error is discovered in the price of the goods that you have ordered we will contact you to let you know the correct price and ask you whether you still wish us to fulfil your order at this price. We shall be under no obligation to fulfil an order for a product which was advertised at an incorrect price. We shall give you the option of confirming the order at the correct price or if you so choose, to cancel the order altogether. If you cancel and have already paid for the goods in the circumstances described in this clause, we shall refund the full amount in accordance with these Terms. If we are unable to contact you we will treat the order as cancelled. We will do our best to correct any pricing errors as quickly as practicable after being notified of them.
Product Availability / Out Of Stock Items
We will contact you in the event of a problem with availability of any goods. You may then wish to cancel the order or wait until the item becomes available.
Marked Down Products
From time to time we may sell marked down products for any reason. These products will be sold as described and you will need to read the description for the warranty terms and condition. Our returns policy still applies unless otherwise stated.
Orders & Specifications
The buyer shall be responsible to us for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by them and for supplying any necessary information to us relating to the goods within a sufficient time to enable us to perform the contract in accordance with those terms. The quality, description and quantity of and any specification for the goods shall be those set out by us (if accepted by the buyer) or the buyers order (if accepted by us). For any goods manufactured, the buyer shall indemnify us against all claims, loss, damages and expenses incurred or for any infringement of patent, copyright, design, trademark or other intellectual property rights for which we may become liable by following the requirements or specification supplied. We reserve the right to make any changes to the specification of any goods, which are required to conform to any statutory or safety requirements.
Manufacturer’s specifications may change at any time. We try to ensure that details of goods and technical content provided on our web site are correct. We do not accept liability for any errors and omissions in this respect and reserve the right to change information, specifications and descriptions of listed goods, products and services. We will do our best to correct errors and omissions as quickly as practicable after being notified of them.
We accept most major debit and credit cards. You will be asked to enter your card details and the name and address of the card holder when you place the order. We reserve the right to take payment for goods on receipt of any order or pre-order at the time the order or pre-order is placed. All payments must be cleared before goods are dispatched.
Secure Payment Processing
We take online security very seriously and have put measures in place to ensure that your payment information is processed confidentially and accurately so you can order from us with confidence. Your card details are not visible to us.
In most instances you will be collecting your new bike from our showroom once full payment has been received, though there are instances where we may be able to deliver it to your house. Currently we are offering a free delivery service within a 50 mile radius of our showroom in Penryn, though we hold the right to cancel this offer at anytime.
Top Gear Ltd will not be liable to the Buyer or deemed to be in breach of contract because of any delay or non-performance directly or indirectly due to any cause beyond our reasonable control including without limitation lack of adequate instructions from the Buyer, Governmental regulations or requirements, Acts of God, unavailability of materials, work stoppages, strikes, slowdowns, boycotts or other industrial action and in such case may wholly or partially suspend shipment of Goods.
(a) Risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery of the Goods.
(b) Delivery of the Goods shall be deemed to take place at the time the same are dispatched addressed to the Buyer, placed in the hands of our delivery agent.
At our discretion, ownership of the Goods may not pass from us to the Buyer until the Buyer has made a payment in full thereof (and any other monies owing to the Seller). If payment is not made in accordance with these Terms & Conditions of Sale, we shall have the right (without prejudice to the obligation of the Buyer to purchase the Goods, and to any other remedy that may be available to us) to retake possession of Goods not fully paid for.
Cancelling an order
You may exercise your right by returning the goods to us within 8 days of purchase for a refund provided they are unused (unfitted where applicable) and in original condition (including all contents and packaging). Products requiring assembly (e.g. electric bicycles) must not have been assembled and all original protective packaging must not have been tampered with.
We are unable to accept returns of helmets, clothing or headwear for hygiene reasons, unless they have a manufacturing fault or we have sent them to you by mistake.
If you wish to cancel an order please email us immediately at email@example.com.
All returns must follow our simple returns process to ensure that we efficiently process your return.
All our products are supplied with at least 12 months warranty from the date of purchase against manufacturer’s defects. Warranty periods do vary across our range with some major components (e.g. bike frames) guaranteed for up to 6 years. Please check the warranty and guarantee details for each product.
This warranty does not include general wear and tear or faults caused by incorrect assembly, misuse, neglect, accident, incorrect operation, unauthorised modification, tuning or sub-standard repair. This includes extensive rain damage and other weather damage. The warranty may be invalidated if the product is not kept indoors or undercover. This warranty does not include misuse of the battery such as not following the manufacturer’s guidelines for charging, discharging and storage.
If you feel that a product purchased from us has developed a fault under warranty please contact us immediately at firstname.lastname@example.org.
If for any reason you are unhappy with your purchase, e.g. the item you have ordered is faulty on arrival, becomes defective or you have had a change of heart, then you must return it to us unused and in its original condition within 8 working days of receipt for a prompt replacement, exchange or refund. After the initial 8 working day period we reserve the right to send you either replacement parts (which we expect you to fit) or we may ask you to return the product to us for either replacement or repair.
In all instances Top Gear Ltd shall not be liable for incidental or consequential damages or expenses, including but not limited to lost profits or other economic or commercial losses. This warranty does not affect your statutory rights.
After the warranty period we recommend that repairs and fitting of replacement parts is performed by a qualified repairer. In most cases your local repair facility will be able to advise you of their costs for performing this work or if you prefer to arrange a back-to-base repair you may email us at email@example.com for an estimate.
All returns must follow our simple returns process to ensure that we efficiently process your return.
To return any item please contact us by phone or by emailing us at firstname.lastname@example.org. We will issue you with a Returns Form that will enable us to process your return quickly and efficiently. You must always obtain a Returns Form before sending anything back to us or we will not be able to process your return.
If you are returning an item because you are cancelling an order, you must return it to us unused (unfitted where applicable) and in original condition (including all contents and packaging) within 8 working days of receipt for a refund. You are responsible for the return, all charges for return shipping and the care of the goods. You are fully responsible for ensuring that the goods are returned in perfect, re-saleable condition. If any damage or loss occurs at this stage you will become liable for the full cost of the goods. We will not accept responsibility for any items lost or damaged in transit. It is your responsibility to arrange any insurance cover required for the full cost of the goods. We reserve the right to make a 15% restocking charge for any goods which are not returned in perfect, re-saleable condition or to refuse to accept such goods.
If you are returning a faulty item within 8 working days of receipt we will process a prompt replacement, exchange or refund.
All faulty goods returned to us must be clean and suitably packaged and protected (we recommend that you do not dispose of the original packaging until you are fully satisfied) so that they arrive in good condition. You are fully responsible for the return and the care of the goods. If any damage or loss occurs at this stage you may become liable for the full cost of the goods. We will not accept responsibility for any items lost or damaged in transit.
If we find any returned item not to be faulty we will not refund any return delivery costs you have incurred or we will charge you for the cost of the return if our own courier collected the goods from you, we will also charge you for the cost of delivering the item back to you. You must meet these charges before we will dispatch the goods back to you.
All goods returned must be accompanied with a Completed Returns Form. If you are not able to print the Returns Form we will accept a legible handwritten version provided you include all information.
Because we know that our business depends on the service we provide to our customers we welcome your feedback on any way that we can improve. You can email us at any time at email@example.com and we’ll do our best to reply within 24 hours. You can call us on 01326 379200 or contact The Manager at Top Gear Ltd, 11 Merchants Wharf, Commercial Road, Penryn, Cornwall, TR10 8AQ.