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Criterium Cycles Terms & Conditions

1. These terms

1.1 What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods or services.

1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.

1.3 If you access our website and/or place an order for goods or services, you agree to be bound by these terms and conditions.

2. Information about us and how to contact us

2.1 Who we are. We are Criterium Cycle Company Limited a company registered in Scotland. Our company registration number is SC439426 and our registered office is at Dobbies Garden World, Melville Nursery, Lasswade, Edinburgh EH18 1AZ. Our VAT registration number is 155 2690 05.

2.2 How to contact us. You can contact us by telephoning us at 0131 663 6220 or by writing to us at edinburgh@criteriumcycles.co.uk or Dobbies Garden World, Melville Nursery, Lasswade, Edinburgh EH18 1AZ.

2.3 How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

3. Our contract with you

3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. However, an acknowledgement only indicates that we have received your order and does not indicate that a contract exists between us.

3.2 In store orders. If you place an in store order with us for goods which we do not hold in store, we will require payment of a deposit in respect of goods which we require to order to fulfil your order. That deposit will be:

(a) 25% of the price in respect of a standard item;
(b) 50% of the price in respect of a specialised or custom item;

(or such other sum as we may determine is appropriate in the circumstances, including payment for parts prior to ordering them on your behalf).

If we require to cancel your order, then the deposit will be refunded to you. If you cancel the order, other than in accordance with these terms or we end the contract in accordance with Clause 10.1, the deposit will be forfeit.

3.3 Accuracy. Please read and check your order before placing it, as you are responsible for ensuring that the terms of the order are correct.

3.4 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

3.5 Your order number. If you place your order through our website, we will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

3.6 If you order through our website, due to the nature of the payment clearing system, your debit / credit card payment will be taken at the point you place your order. If we are subsequently unable to fulfil your order (or any part of it) for any reason, we will refund your payment (or the part we are unable to fulfil) as quickly as possible, although the refund may take a few days to be processed and appear back in your account.

3.7 We only sell to the UK. Our website and any marketing material published by us are solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from or deliver to addresses outside the UK.

4. Our products

4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that the display of the colours or the pictures on our website accurately reflect the colour of the products. Your product may vary slightly from those images.

4.2 Making sure your measurements are accurate. Where we provide products which you order to measurements you have given us, you are responsible for ensuring that these measurements are correct. You can find information and tips on how to measure on our website, or by contacting us.

4.3 Ex demo or Ex display. Any products which we offer for sale which are ex-display or have been used as a demonstrator, will be priced according to their condition. Any faults ought not to be of a serious or structural nature and are usually minor or cosmetic. Any amendments to the warranties for such items will be discussed with you at the time of the order.

5. Your rights to make changes

If you wish to make a change to the product you have ordered, please contact us as soon as possible. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

6. Our rights to make changes

6.1 Minor Changes to the products. We may make changes to the product if our suppliers change the specification of the product or any component of it after the date on which we accept your order but before delivery where the change is to the same or higher specification and should not affect your use or enjoyment of the product.

6.2 More significant changes to the products and these terms. If our suppliers notify us of any significant changes to the products, we will contact you to discuss your order as soon as possible and you may be entitled to end the contract in accordance with Clause 8.

7. Providing the products

7.1 Delivery costs. If we are delivering the products to you, the costs of delivery will be as told to you during the order process or, for online orders, as set out in our current price list.

7.2 When we will provide the products. During the order process we will let you know when we will provide the products to you.

(a) If the products are goods which we hold in stock we will deliver them to you as soon as reasonably possible.
(b) If the products are goods which we order for you from our suppliers, you will be given an estimated delivery date at the time of ordering and we will contact you to arrange delivery or collection when we receive them.
(c) If we are providing services we will:

(i) Discuss the work required with you as soon as we have assessed the item;
(ii) Notify you of any parts which we will need to order to complete the work and an estimated date for the arrival of those parts; and
(iii) Agree with you a date for completion of the service.

Payment of any parts which we require to purchase in order to carry out the services must be made to us in accordance with clause 3.2.

7.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received in accordance with Clause 8.

7.4 Collection by you. If you have asked to collect the products from our premises, you can collect them from us at any time during our opening hours as set out on our website from time to time. You will need to show the following:

(a) a copy of your confirmation email or your sales receipt; and
(b) the card you used to place the order or a form of photo ID (e.g. driving licence or passport).

7.5 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from us. If this happens when you are using our Home Delivery Service, we may need to charge you fo any subsequent delivery.

7.6 If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from us we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.

7.7 When you become responsible for the product. The product will be your responsibility from the time we deliver the product to the address you gave us or you collect it from us.

7.8 When you own goods. You own the goods once we have received payment in full.

7.9 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:

(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the product as requested by you or notified by us to you (see clause ‎6).

8. Your rights to end the contract

8.1 You can always end the contract for the supply of a product before it has been completed. You may contact us to end your contract for a product at any time before we have delivered it or completed supplying it and you have paid for it, but in some circumstances we may charge you for doing so, as described below (and subject to clause 3.2, if applicable). Of course, you always have rights where a product is faulty or mis-described (see clause ‎11, "If there is a problem with the products").

8.2 What happens if you have a good reason for ending the contract. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any products which have not been provided or have not been provided properly and you may also be entitled to further compensation. The reasons are:

(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control; or
(d) you have a legal right to end the contract because of something we have done wrong.

8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

8.4 When you don't have the right to change your mind. You do not have a right to change your mind in respect of:

(a) Any items which we order for you and are either customised to your specification or which we would not ordinarily hold in stock;
(b) services, once these have been completed, even if the cancellation period is still running (in accordance with clause 8.5);
(c) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; and
(d) any products which become mixed inseparably with other items after their delivery.

8.5 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.

(a) Have you bought services (for example, to have your bike serviced)? If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind (see also clause 8.6 and 9.6).
(b) Have you bought goods online (for example, a bike)? If so, you have 14 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.

8.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you do not have a right to change your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided (subject to clause 3.2 if applicable) but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract. If the contract is for services, you must pay for services provided before the contract ends and for any parts which we have ordered on your behalf which you have not already paid for.

9. How to end the contract with us (including if you have changed your mind)

9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:

(a) Phone or email. Call us on 0131 663 6220 or email us at edinburgh@criteriumcycles.co.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) By post. Simply write to us at Dobbies Garden World, Melville Nursery, Lasswade, Edinburgh EH18 1AZ, including details of what you bought, when you ordered or received it and your name and address.

9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us at Dobbies Garden World, Melville Nursery, Lasswade, Edinburgh EH18 1AZ or (if they are not suitable for posting) allow us to collect them from you. Please call us on 0131 663 6220 or email us at edinburgh@criteriumcycles.co.uk for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.

9.3 When we will pay the costs of return. We will pay the costs of return:

(a) if the products are faulty or misdescribed;
(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or

In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.

9.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.

9.5 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

9.6 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:

(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. See our Returns page (CLICK HERE)for information about what handling is acceptable and examples]. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

9.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:

(a) If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.

10. Our rights to end the contract

10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:

(a) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, redemption codes for any cycle to work scheme, or information required to complete an applicable finance application; or
(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.

10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause ‎10.1 we will, subject to Clause 3.2 refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

11. If there is a problem with the product

11.1 How to tell us about problems. If you have any questions or complaints about any product, please contact us. You can telephone us at 0131 663 6220 or write to us at edinburgh@criteriumcycles.co.uk or Dobbies Garden World, Melville Nursery, Lasswade, Edinburgh EH18 1AZ. Alternatively, please speak to one of our staff in-store.

11.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
___________________________________
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

If your product is goods, for example, a bike, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

- up to 30 days: if your goods are faulty, then you can get an immediate refund.
- up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
- up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.

If your product is services, for example, servicing your bike, the Consumer Rights Act 2015 says:

- you can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
- if you haven't agreed a price beforehand, what you're asked to pay must be reasonable.
- if you haven't agreed a time beforehand, it must be carried out within a reasonable time.

See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).
___________________________________

11.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the reasonable costs of postage or collection.

12. Price and payment

12.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price set out in our price list in force at the date of your order unless we have agreed another price in writing. We take all reasonable care to ensure that the price of product advised to you is correct. However please see clause ‎12.3 for what happens if we discover an error in the price of the product you order.

12.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

12.3 What happens if we got the price wrong? It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated in our price list, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid.

12.4 When you must pay and how you must pay. When you must pay depends on what product you are buying:

(a) For goods, you must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you (See clause 3.6). In certain instances, where you are purchasing goods in store, we may require a deposit – we set this out in clause 3.2.
(b) For services, you must make an advance payment of the cost of any parts which we have to order on your behalf, before we start the services. We will invoice you for the balance of the price of the services when we have completed them. You must pay each invoice before we release the equipment being serviced to you.

12.5 Cycle to work schemes. We will publish from time to time details of any cycle to work schemes for which we may accept vouchers. Please contact us to discuss whether your purchase from us may be effected through a cycle to work scheme before placing any order.

12.6 Klarna. In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment is to be made to Klarna:

Pay Later
Financing

Further information about Klarna as well as Klarna’s user terms can be found here. General information on Klarna can be found here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information contained in Klarna's privacy statement.

12.7 Giftcards. If we are operating a gift card scheme, then such gift cards may be exchanged for products of a higher price than the value stored on the card on payment of the difference. If you do not spend the entire balance on the gift card, the remaining balance will be stored on the card. No cash payment for the difference will be made. Gift cards may not be refunded or exchanged for cash.. We will not accept liability for lost, stolen or damaged cards. Gift cards are valid for 12 months after purchase of them, upon the expiry of which any balance held on them will be forfeit.

12.8 Services. There may be additional costs if additional work is required in servicing your bike or other equipment which must be paid upon collection from us. We will not however carry out additional work without your prior consent.

12.9 What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us promptly to let us know.

13. Product Warranties

All guarantees or warranties for products are provided entirely by the relevant manufacturers and are subject to the terms stated in them. You are reminded to complete all warranty cards and documents upon receipt of the products where appropriate.

14. Our responsibility for loss or damage suffered by you

14.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for direct loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable or indirect. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

14.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 11.2; and for defective products under the Consumer Protection Act 1987.

14.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

14.4 Any advice given by us or our employees during the order process is based on information provided by you and relevant product and/or service knowledge, Where advice is given after visual inspection by us or our employees, such advice shall amount to an opinion only and we shall not accept liability for any inaccuracies or errors in such advice nor do we accept any liability for any loss, damage or injury arising as a result of any advice contained on our website.

15. How we may use your personal information

15.1 How we will use your personal information. We will only use your personal information as set out in our Privacy Policy (CLICK HERE).

15.2 Although we endeavour to take all reasonable steps to protect your personal information, we cannot guarantee the complete security of any data you disclose online. Accordingly, you accept the inherent security risks of providing personal information and dealing online over the internet and we shall not be held responsible for any breach of security unless it is due to our negligence.

16. Other important terms

16.1 Nobody else has any rights under this contract. This contract is between you and us.

16.2 Written communications. Insofar as we are required to communicate with you or to provide you with information in writing, by accessing our website, you accept that communications with us will be primarily by email or via our website.

16.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

16.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, but we continue to provide the products, we can still require you to make the payment at a later date.

16.5 Varying these terms and conditions. We reserve the right to vary these terms and conditions from time to time. You will be subject to the terms and conditions which are in force at the time that you order products from us.

16.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by Scots law and you can bring legal proceedings in respect of the products in the Scottish courts.

These terms and conditions apply from 17th May 2021.

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