Terms & Conditions

Red Kite Cycles is a small independent bike shop and retailer of associated services, parts and accessories. It is a both a“bricks and mortar”store found at the address below and a provider of internet sales. The online presence and physical shop are a single trading enterprise. We currently only offer “click and collect”services.

GENERAL

  1. www.redkitecycles.co.ukis a website operated by Red Kite Cycles Ltd (“us”). Red Kite Cycles is registered in England and Wales under company number 04936958 and its registered office is at The Exchange, Haslucks Green Road, Shirley, B902EL. Our trading name is Red Kite Cycles, and we sell and supply bicycles, cycle maintenance, fit services and bicycle equipment, clothing and accessories in the course of our trade and business.
  2. The buyer (“you”) shall mean any person, sole trader, partnership, business, body corporate or other entity detailed in the appropriate section of the sales invoice/order form and shall include all successors, heirs and assigns. Where a person deals entirely as a consumer, their legal rights shall remain unaffected. Any reference to you within these terms and conditions shall be as a consumer buyer unless specified as being a reference to a trade buyer.
  3. The “Goods” shall mean the items detailed in the appropriate section of the sales/order form and it shall be a core term of the contract between us that any and all ancillary items are additional to such contract unless specifically detailed within the sales invoice/order form.
  4. The “Price” shall mean the amount payable to Red Kite Cycles for the Goods plus VAT unless otherwise stated. You should note that prices quoted may vary during the shelf-life of brochures and other marketing material (upwards or downwards) and current prices are quoted at the time of order. In respect of orders placed via the Internet, these shall not be accepted by us until confirmed in writing by us to you.

For orders placed by customers residing within the EU, prices include VAT charged at the rate applicable from time to time.

  1. These terms and conditions shall apply to all of our quotations, orders (including telephone orders) and contracts for the sale or supply of Goods by Red Kite Cycles. In respect of any sales of Goods to trade buyers, any other terms or representations, whether implied by statute, made prior to, collateral with or subsequent to the contract or order, are hereby excluded and shall not be binding upon us. In respect of consumer buyers, additional conditions shall only be binding upon us if confirmed in writing by us to you.
  2. We reserve the right to amend technical or clerical errors in any order without notice. In addition, you shall ensure that all details contained within the order are correct and we shall not accept any liability for any error or inaccuracy in any order.

THE CONTRACT

  1. After placing an internet order, you will receive an email from us acknowledging that we have received your order for the Goods. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to Red Kite Cycles to buy Goods. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms the detail and availability of your order. The contract between you and Red Kite Cycles will only be formed at the time of collection of goods.
  2. Red Kite Cycles only offers “Click and collect”services. We do not post out or dispatch products featured on this website. This means that the contract is formed when collecting the goods in the shop and is subject to normal bricks and mortar consumer law.

CONSUMER RIGHTS

  1. You may cancel your purchase from us for the Goods you order at any time up to the point of collection. Unless otherwise specifically notified by us in your order confirmation email, you do not need to give us any reason for cancelling your contract nor will you have to pay any penalty. The circumstances where you may not be eligible for a full refund is where the bike ordered is a personal custom order or particularly specialist size or item. In this event we will make clear beforeordering and advise of potential penalties incurred for cancellation.
  2. To cancel your contract you must notify us in writing at our shop – Red Kite Cycles, Union Road, Shirley B903DX. Alternatively by email via – shop@redkitecycles.co.uk
  3. Once you have notified us that you are cancelling your contract, any sum debited to Red Kite Cycles (in respect of goods provided by) from your debit or credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order.

CANCELLATION BY RED KITE CYCLES

  1. We reserve the right to cancel the contract between us if:

(a) we have insufficient stock to deliver the Goods you have ordered;

(b) one or more of the Goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers; or

(c) we have reason to suspect that there is a risk of a fraudulent transaction.

If we do cancel your contract, we will notify you by email and will re-credit to your account any sum deducted by us (in respect of Goods provided by us from your debit or credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.

GUARANTEES

  1. All guarantees in respect of Goods are provided entirely by the manufacturers/UK importers and are subject to terms contained therein. You are reminded to complete all warranty cards/documents upon receipt of the Goods where appropriate.

TITLE

  1. Title to the Goods shall pass to you when the Goods ordered are collected by yourself or by a person acting on your behalf. Any person acting for you at point of collection must have proof of purchase and identity. Red Kite Cycles cannot be held responsible for fraudulent use of your personal information by another party.

LIABILITY

  1. If the Goods we deliver are not what you ordered or are damaged or defective, we shall make full and best effort to correct the situation before you depart our shop and take Title of the goods.
  2. If you experience any problems with the Goods after the Contract is formed (at the moment of purchase and collection), you are protected by the full range of English Consumer Law and our Terms and Conditions do not cancel those Consumer Rights.

USE OF GOODS

  1. Any advice given by our agents or servants during telephone/Internet orders is based entirely upon information provided by you. Where advice is given by our agents or servants, such advice shall amount to an opinion only and we shall not accept liability for any inaccuracies therein. Goods supplied are supplied only to correspond to the purpose for which Goods of that kind are commonly supplied and not for any alternative uses to which they may be put. We shall accept no liability for any failure of Goods due to any such alternative use, amendment or modification.
  2. You confirm that you shall comply with any and all rules relating to use of the Goods and fully accept that we shall not be liable for any loss which results from forced, misdirected, inappropriate or unqualified installation of any Goods or not adequately maintained the Goods. Furthermore, we shall accept no liability for death or personal injury, unless caused directly by our own negligence.
  3. Any Goods, or parts of them, that are modified or adapted by you or any third party shall no longer be warranted by the manufacturer nor shall we be liable for any failures resulting from any such modification or adaptation.

COMPETITION GOODS

  1. Any Goods specified as and supplied as ‘Competition Goods’ are supplied for specialist use and are subject to extreme wear and stress whilst in use. The life expectancy and durability of such Goods are greatly reduced and you should note that any claim for failure or wear shall be limited to that of the manufacturers’ guarantees. You agree that such use shall be a relevant circumstance for the purposes of the Sale of Goods Act 1979 (as amended). In addition, any parts connected to Competition Goods may be placed under stress and you should take advice from experts prior to purchase of such parts. You should also be aware that manufacturers may limit their guarantees when parts are installed for competition use.

PAYMENT TERMS

  1. Please note that all website and mail order payments are taken in full at the time of order, regardless of stock. The total price paid represents an amount to us for the supply of Goods. Reservations for in-store collection require full payment at the time of collection.
  2. Quotations are given on the assumption that no variation in the Price will be made by the manufacturer/sole importer and that Government levies remain unaltered. In the event of such changes, the Price of any orders placed before the variation will remain the same and no further increases will be passed to you.

EVENTS BEYOND OUR CONTROL

  1. We shall accept no liability in respect of any failure to supply Goods you have ordered or any delay in doing so or for any damage or defect to Goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident, acts of God, war or actions by third parties.

THIRD PARTY RIGHTS

  1. Notwithstanding any other provisions of these terms and conditions, nothing in these terms and conditions shall confer, nor is it intended to confer, a benefit on any third party (for the purposes of the Contract (Rights of Third Parties) Act 1999 or for any other purpose).

JURISDICTION

  1. These terms and conditions shall be governed by and interpreted in accordance with English Law and industry custom and practice, and the English courts shall have exclusive jurisdiction in respect of any claims or disputes (whether contractual or non-contractual) arising therefrom.

ENTIRE AGREEMENT

  1. These terms and conditions, together with our current website prices, contact details and privacy policy, set out the whole of our agreement relating to the supply of the Goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any Goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

PRIVACY POLICY

PLEASE NOTE:

We value your privacy and therefore do not disclose information to third parties. Cookies are used on this shopping site only to keep track of the contents of your shopping cart once you have selected an item, and to store delivery addresses when you register. You may refuse to accept cookies by activating the setting on your browser, however, by selecting this setting you may be unable to access certain parts of our site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our site.

When you pay for Goods your details are passed through our payment service provider system purely for payment processing and anti-fraud purposes, for your protection. Red Kite Cycles does not retain you card details.

We are committed to protecting your privacy. We will only use the information that we collect about you lawfully in accordance with Data Protection Law. We will collect any information given at the time of the ordering process only to enable us to input and process your order.

If you wish to contact us regarding our privacy policy please contact us.

ACCURACY

  1. All orders you place on this website will be subject to our acceptance in accordance with these terms and conditions.
  2. The ‘confirmation’ stage sets out the final details of your order. Following this, we will send you an email acknowledging the Goods you have ordered from. Please note this email is not an order confirmation or order acceptance from Red Kite Cycles.
  3. Acceptance of your order and the completion of contract between you and us will take place collection of the Goods ordered, unless we have notified you that we do not accept your order or you have cancelled it.
  4. Please note the Price you pay for Goods supplied by Red Kite Cycles, is the price displayed on this website at the time we receive your order, apart from the following exception:

Whilst we try and ensure all prices on our website are accurate, errors may occur. Should we discover an error in the Price of Goods you have ordered we will inform you as soon as possible. At this time we would give you the option of reconfirming your order at the correct price or cancelling it with monies paid refunded. If we are unable to contact you, we will treat the order as cancelled.

  1. All specifications are advised by the manufacturer, however these can be subject to change by the manufacturer at any time, without prior warning.