mobile bicycle servicing and repairs

All customers and website visitors agree to be bound by terms and conditions of service set forth below upon usage of any services offered by Cycledelik as defined herein.

1. Definitions and Interpretation 1.1 In these terms and conditions the following words have the meanings given:-"Business Day" means any day other than a Saturday, Sunday or a public or bank holiday in England, Wales, Scotland or Northern Ireland;” Contract" means a contract for the purchase by the Customer of Products or Services from Cycledelik incorporating these terms and conditions and arising from the acceptance by Cycledelik of an Order;” Customer" means the person, firm or company ordering Products or services;” Default" shall mean any breach by either party of its obligations under a Contract, any default, act, omission, negligence or statement by either party, its employees, agents or sub-contractors arising out of or in connection with a Contract and in respect of which either party may be legally liable; "Cycledelik" is a mobile bicycle servicing unit. Cycledelik may appoint as sub-contractor to provide the Services to the Customer; "Intellectual Property Rights" means copyright, patent, trademark, service marks, registered designs, sui generis rights, know-how, confidential information, trade or business names or other similar rights together with applications for any of the foregoing; "Order" means any written order for Products, or Products and Services, received by Cycledelik from the Customer; "Services" means any work or installation provided by Cycledelik to end-users of Products in conjunction with the supply of Products. "Confidential Information" all information of whatsoever nature (whether oral, written or in any other form) containing or consisting of material of a technical, operational, administrative, economic, marketing, planning, business or financial nature or in the nature of intellectual property of any kind or in the nature of Specifications and relating either to the Products or Services, the Seller or the Buyer (as the case may be); "Delivery Address" the address for delivery of the Products or Services as stated on the Purchase Order; "Price" the price payable for the Products or Services as specified in the Purchase Order and payable in accordance with the terms of this Agreement; "Products or Services" such products or Services to be sold by the Seller to the Buyer as may be determined from time to time by the Seller and Buyer; "Purchase Order" the Buyer's purchase order for the Products or Services; “Specifications" any plans, drawings, data or other information relating to the Products; “On-site visits” any services delivered at the Customer’s premises; “Workshop Repairs” any services delivered on Cycledelik premises;1.2 All other words and expressions are to be given their normal English meaning taken in the context of the Contract. Any dispute as to the meaning of a word is to be settled by reference to the Oxford English Dictionary.1.3 Any reference to a clause shall mean a clause of these terms and conditions unless otherwise stated.1.4 The use of headings in these terms and conditions shall be for convenience only and shall not affect the interpretation of these terms and conditions 2. Contract Formation 2.1 All Orders submitted by the Customer to Cycledelik and accepted by Cycledelik shall be subject to these following terms and conditions which shall form part of and govern any Contract. 2.2 Usage of any service or receiving any estimate or quotation for any Products and/or Services by the customer, issued by Cycledelik –verbally, by phone or in person or in writing including by email- shall be deemed acceptance of these terms and conditions. 3. Price 3.1 All prices for Products or Services stated in any quote, estimate or acceptance of order are those current at the time of the Customer's enquiry by phone, by email or any other acceptable means. 3.2 All quoted prices are exclusive of VAT and carriage and VAT and/or carriage will be added to the agreed price if applicable. Cost of parts required to carry out a successful repair will be extra and are not included in the labour charge quoted. A minimum standard charge for 1 hour applies to any on-site visit. If the on-site visit takes longer than 1 hour, the customer will be charged for the extra time. A quote for the extra hour(s) will be given to the customer at the time of booking. As an example, the customer is charged for 2 hours if the on-site mechanic completes the job in 1h20 minutes but the customer can ask the mechanic to stay for the full length of the extra hour to carry out any other bicycle-related work if necessary. 4. Payment 4.1 Payment for parts and services must be made by credit/debit card or cheque prior or upon the delivery of the services by Cycledelik. 4.2. The customer agrees that payment for services and carriage is non-refundable and parts or equipment fitted or supplied will be replaced only if found faulty and/or covered by the manufacturer’s warranty. 4.3 Cycledelik may at its discretion offer credit terms to the Customer subject to the status of the Customer and completion by the Customer of a credit application form supplied by Cycledelik. Such credit terms shall be determined by Cycledelik and confirmed in writing with the Customer. 4.4 Unless and until credit terms are granted, the Customer will pay for any products or services on a "cash with order" basis in which case the Customer should allow at least three (3) Business Days for the payment to be credited to Cycledelik's account. Cycledelik reserves the right not to release any products or provide any services until all such payments are cleared and credited to Cycledelik's bank account. 4.5 Where credit terms are granted, and unless other terms are granted in writing, the Customer will pay no later than 20 days following the date of Cycledelik's invoice and Cycledelik reserves the right to suspend deliveries or service where payment is delayed. 4.6 If any payments are overdue the Customer may be placed on credit hold and no further Products or Services will be delivered or made available to the Customer until all payments due to Cycledelik under the Contract have been paid. Cycledelik may at its discretion, withdraw credit facilities in the event of any breach of this contract by the Customer. 4.7 If payment is not received by the relevant due date Cycledelik may: (1) Charge the Customer interest on any overdue amount (on a daily basis) from the due date of payment to the date of actual payment (both dates inclusive) at the rate of four (4) per cent per annum above the Lloyds TSB Bank plc Base Rate for the time being in force. 4.8 All payments made by the Customer to Cycledelik shall be in pound sterling in immediately available funds free and clear of any right of set off or counter claim or any withholding or deduction whatsoever.4.9 The customer agrees to make all payments due under this contract irrespective of any dispute or claim the Customer may have with or against any third party. 5. Warranties 5.1 Cycledelik, to the extent that it is permitted to do so, hereby assigns the benefit of any guarantee or warranty covering any defects in Products received by Cycledelik under an agreement with the manufacturer or supplier of the relevant Product. 5.2 The warranty service (if any) will be that provided by the manufacturer and any validation procedures relating to that warranty service are the responsibility of the Customer. 5.3 Cycledelik may in its discretion offer support or maintenance services with respect to products or services. 5.4 The warranty of the manufacturer or supplier is in lieu of all other terms or conditions whether express or implied concerning the quality or fitness for purpose of products and all such other terms and conditions are hereby excluded. Terms of Service 6.1 Items ordered are only refundable in the event that they are defective, not if they were incorrectly ordered for any reason, misdiagnosed or no longer required. 6.2Liability is restricted to repair and recondition or replacement of the item. 6.3.Unless otherwise stated, all items repaired and reconditioned carry a 12 month warranty against faulty workmanship on our part. This does not include damage caused to parts supplied by mishandling or other faulty parts. 6.4 Parts are serviced on a “best endeavour” basis. Appropriate advice will be given to customers on components deemed to be unsafe due to ware and tear. 6.5 Delivery is normally via courier at a charge of £8.00 offering a next day delivery for most of the UK. Any item not received the next day after dispatch should be notified to us immediately. 6.6 Items considered to be defective or incorrectly supplied must be notified to us within three days of receipt. 6.7 Cycledelik will make every possible effort to look after their customers' bicycles, however they make no guarantees whatsoever that they might be scratched or damaged after they have been left for the customer to collect be it in the shed, car park or at a neighbour’s premises. The customer agrees not to hold Cycledelik responsible for any damage on the bicycle carried out by the mechanic caused after the service. 6.8 Onsite visits benefit from a no-fix no-fee policy if the engineer is technically unable to carry out the service and repairs. If Cycledelik mechanic (s) can not fix the problem on-site due to external dependencies such as wrong parts ordered by the customer or the customer is late or lost their lock key, the customer is liable to pay the minimum standard charge agreed at the time of booking. If at least one of the original problems reported by the customer is fixed by the on-site mechanic, the customer is liable to pay the full price agreed at the time of booking. 6.9 All bicycles serviced are checked for road worthiness and safety before handing back to customer. Cycledelik is not responsible for any injuries that occur after the customer has received the bicycles (s) when the bicycle has being declared unsafe to ride. 6.10 Where the customer requires Cycledelik mechanic to carry out further work or replacements, the mechanic shall do so as sub-contractor to the Customer and this agreement and the terms contained herein shall constitute the sub-contract. 6.11 The mechanic will use all reasonable endeavours to provide bicycle services in accordance with British Standards 6102 Part 1 and the terms of the contract and will ensure that all the services are provided with all reasonable care and skill and by suitably trained and qualified persons. 7. Liability 7.1 Cycledelik shall a) not be liable for any claims regarding the physical functioning of the parts supplied for the service; b) In no event will Cycledelk be liable for any accidents caused after the bicycle has been declared unsafe to ride. 7.2 Cycledelik’s liability of any kind with respect to the services, including any negligence or delay in delivery of service on its part, or loss of equipment, shall be limited to the quoted price for the services. 7.3 The Customer must be aware of the inherent risks of riding an unsafe bicycle, including without limitation, risks due to customer or third party intervention on serviced parts. The customer agrees not to hold Cycledelik liable 7.4 The maximum aggregate liability of Cycledelik to the customer whether in contract, tort or otherwise for any direct loss or damage to tangible property suffered by the Customer as a result of any default of the mechanic shall be limited in aggregate to the lesser of £1000 or an amount equal to the sums paid by the Customer under the Contract during the preceding 12 months.7.5 Cycledelik shall not be liable to the Customer whether in contract, tort or otherwise and even if foreseeable by or in the contemplation of Cycledelik for: (a) any loss of profits, business, revenue, goodwill or anticipated savings, whether sustained by the Customer or any other person; or (b) any special, indirect, or consequential loss whether sustained by the Customer or any other person. 7.6 Any advice or recommendations given to the Customer by Cycledelik’s mechanic (s) or its employees or agents as to recommendations and safety warnings on the bicycle which is not confirmed in writing by Cycledelik, is followed or acted upon entirely at the Customer's own risk and accordingly Cycledelik shall not be liable for any such advice or recommendation which is not so confirmed. 7.7 While the mechanic will make every effort to look after the integrity of any equipment under repair, the Customer agrees not to hold Cycledelk responsible for any accidental damages to the equipment in its possession including but not limited to surface scratches, and chippings.8. Confidentiality 8.1 Each party shall treat as confidential all information obtained from the other which is specifically designated as confidential or proprietary and shall not divulge such information to any person (except to such party's own employees and then only to those employees who need to know the same) without the other party's prior written consent. Variations 9.1 Cycledelik reserves the right to modify these terms and conditions. Any such modification will apply on the effective date specified in the said notice to all services and products provided by Cycledelik. 10. Law 10.1 All Contracts shall be governed by, and construed in accordance with, English law and the parties submit to the exclusive jurisdiction of the English courts.11. Waiver 11.1 The waiver by either party of a breach or default of any of the provisions on this Agreement by either party shall not be construed as a waiver of any succeeding breach of the same or other provisions, nor shall any delay or omission on the part of either party to exercise or avail itself of any right, power or privilege that it has, or may have hereunder operates as a waiver of any breach or default by either party.