Switchback Cycles Terms & Condtions

 

In these terms and conditions, the following words have these meanings:

(a) ‘We’, ‘Us’, ‘Our’ means Switchback Cycles and www.switchbackcycles.co.uk;
(b) ‘You’, ‘Your’ and ‘Yourself’ means the person who is browsing this website or whose name is used to place an order, either online or by telephone;
(c) ‘Goods’ and ‘Items’ shall mean products of any nature that You buy or agree to buy from Us;
(d) ‘Working Days’ means days of the week excluding Saturdays, Sundays and public holidays in England, Wales, Scotland and Northern Ireland;
(e) ‘Conditions’ shall mean these terms and conditions.

 

1. INTRODUCTION

You acknowledge that the Site itself is protected by copyright law. You further acknowledge that We own the registered trademark Switchback Cycles. These Conditions apply to the use of this website (www.switchbackcycles.co.uk) and all of the distance selling activities of Switchback Cycles.  By accessing this website and/or placing an order, either online or by telephone, You agree to be bound by these Conditions. Using this website indicates that You accept these Conditions regardless of whether You place an order or not. If You do not accept these Conditions, please do not use this website.

 

2. CONTACTING US

2.1. If You wish to contact Us please use the e-mail address given below. We aim to reply to all e-mails within one Working Day, although at busy times of the year We may take longer.

customerservice@switchbackcycles.co.uk

2.2. If You would prefer to speak to Us please use the telephone numbers given below. These numbers are answered between the hours of 09:00 and 17:00 UK time Monday to Friday (which are Our normal working hours). If You call outside these hours, or if We are unavailable, You will be given the option to leave a message. We aim to reply to all messages within four working hours, although at busy times of the year We may take longer.

07768573305 (if calling from the UK)

+447768573305  (if calling internationally)

2.3. If You wish to write to Us or return any Goods to Us please use the address given below. We aim to acknowledge all correspondence within two Working Days of receipt.

Switchback Cycles
Hornsea Freeport
Rolston Road
Hornsea
HU18 1UT
UK

2.4. We may not respond to You if You attempt to contact Us in any other way, including but not limited to posts on internet forums or messages on social media platforms. All formal enquiries must be directed to Us by e-mail, telephone or in writing.

 

3. ORDERING FROM US

3.1. You are deemed to place an order with Us by completing Our online checkout process or by providing verbal confirmation if You order by telephone. As part of Our online checkout process You will be given the opportunity to check Your order and to correct any errors. If You order by telephone, We will check Your order with You and give You the opportunity to correct any errors. We will send You an order acknowledgement by e-mail, detailing the Goods You have ordered.

3.2. Our acceptance of an order takes place when We dispatch the order. At this time We will send You a dispatch confirmation by e-mail.

3.3. We may refuse to accept an order:

(a) if there is a pricing or product description error;
(b) if the Goods are out of stock (No Stock) and thus not available;
(c) if We cannot obtain authorisation for Your payment;
(d) if We obtain evidence that Your payment may be fraudulent;
(e) if We suspect You are ordering for resale purposes;
(f) if You have previously attempted to harm Our good reputation;
(g) if You do not meet any eligibility criteria set out in these Conditions.

 

4. PRICING AND PAYMENT

4.1. Our prices are reviewed periodically and are subject to change at any time without notice. Any order placed by You and acknowledged by Us prior to the date of a price change will be charged at the price acknowledged by Us, even if the Goods are dispatched at a later date.

4.2. Our prices exclude delivery charges. Our delivery charges are set out elsewhere in this website on the Delivery Information page.

4.3. Our prices include Value Added Tax (VAT) at the prevailing standard rate. VAT is payable on all orders placed from within the EU, unless You are a non-UK business customer and can provide a valid EU VAT number, in which case VAT will be deducted from Your order in the online checkout process. If You order from outside the EU, VAT will automatically be deducted from Your order in the online checkout process.

4.4. You will pay for all Goods securely in Pounds Sterling at the time You place Your order by either credit/debit card or PayPal.

 

5. GIFT VOUCHERS

5.1. The Switchback Cycles Gift Voucher is a virtual gift voucher (defined in law as a virtual face value retailer voucher) and is available to purchase exclusively via this website. You are free to choose the face value of the Switchback Cycles Gift Voucher before adding it to the basket, subject to the prevailing minimum and maximum allowable face values specified by Us.

5.2. The Switchback Cycles Gift Voucher is exempt from any promotional discounts at the time of purchase but can be redeemed against all the products advertised for sale on this website and can be used to pay for orders that qualify for promotional discounts.

5.3. The Switchback Cycles Gift Voucher is delivered by email and is therefore exempt from any delivery charges. If a Switchback Cycles Gift Voucher is purchased at the same time as other Items, the other Items will be subject to delivery charges and will be dispatched separately in accordance with the provisions given in the delivery section of these Conditions.

5.4. The Switchback Cycles Gift Voucher is a personalised Item and therefore non-refundable and non-transferable and cannot be redeemed or exchanged for cash.

5.5. The Switchback Cycles Gift Voucher is valid for 12 months from the date of purchase. At the end of this period it will automatically expire and any remaining balance on it will be forfeit.

5.6. The Switchback Cycles Gift Voucher will be emailed to the recipient once You have completed Our online checkout process and Your payment has been processed; this will usually occur within minutes but may take longer at busy times of the year. We reserve the right to cancel the Switchback Cycles Gift Voucher if We subsequently obtain evidence that Your payment may be fraudulent.

5.7. We will not be liable for any loss or liability whatsoever or however arising in any respect if the Switchback Cycles Gift Voucher is delivered to an incorrectly specified email address. The sole responsibility for specifying the recipient's email address correctly is Yours.

5.8. When You use a Switchback Cycles Gift Voucher to pay for an order, if the total amount payable is less than the face value of the Switchback Cycles Gift Voucher the remaining balance on the Switchback Cycles Gift Voucher will continue to be available for future purchases (You can check the remaining balance on any Switchback Cycles Gift Voucher during Our online checkout process). Conversely, if the total amount payable exceeds the face value of the Switchback Cycles Gift Voucher, You will be required to pay the outstanding amount by either credit/debit card or PayPal. The same rules apply if You use multiple Switchback Cycles Gift Vouchers to pay for an order (there is no limit to how many Switchback Cycles Gift Vouchers You can use per order).

5.9. We reserve the right to refuse to accept a Switchback Cycles Gift Voucher as payment in part or in whole for any Items(s) where We reasonably suspect that the Switchback Cycles Gift Voucher in question may have been stolen, tampered with, duplicated or obtained in any other illegal way.

5.10. We will not be liable for any loss or liability whatsoever or however arising in any respect if a Switchback Cycles Gift Voucher is lost, stolen, destroyed or used without permission.

 

6. LOYALTY POINTS

6.1. Our loyalty points discount scheme rewards You for creating an account, making purchases and submitting product and/or service reviews by awarding You with freely-given loyalty points that can be redeemed as a discount against future purchases.

6.2. We reserve the right to use the word 'earn' to describe the act of being awarded loyalty points, even though Our loyalty points are awarded freely and have no cash value and cannot be redeemed for cash. When We use the word 'earn', We mean it in the strict sense of 'gaining a reward in return for deserving behaviour' as opposed to any monetary sense.

6.3. To earn loyalty points for making purchases You must have created and be signed in to Your account when You complete Our online checkout process. If You fail to sign in to Your account when placing Your order, You will not earn (or be able to retrospectively claim) any loyalty points for it.

6.4. To earn loyalty points for submitting product and/or service reviews You must have created an account and followed the review submission instructions sent to You separately by email. If the content of any review You submit breaches the provisions given in Section 9.2 of these Conditions, We reserve the right to remove it and cancel the loyalty points awarded for it.

6.5. Our loyalty points are usually added to Your loyalty points balance within one Working Day of being earned, but it may take longer at busy times of the year.    

6.6. Your loyalty points balance can be redeemed as a discount against all the products advertised for sale on this website and can be used to reduce the total amount payable for orders that qualify for promotional discounts.

6.7. The redemption value of Your loyalty points balance is determined by Your rolling annual spend (defined as the amount You have spent in the last 365 days). Our system calculates this figure daily and automatically varies the redemption value of Your loyalty points balance.

6.8. For Your order to count towards Your rolling annual spend You must have created and be signed in to Your account when You complete Our online checkout process. If You fail to sign in to Your account when placing Your order, it will not count towards (or be able to be retrospectively applied to) Your rolling annual spend.

6.9. To redeem Your loyalty points balance You must be signed in to Your account when You complete Our online checkout process. If You fail to sign in to Your account when placing Your order, You will not be able to redeem (or be able to retrospectively redeem) Your loyalty points balance against it.

6.10. If You choose to reduce the total amount payable of Your order by signing in to Your account and redeeming Your loyalty points balance, You will only earn loyalty points on the final amount payable (in cases where redeeming Your loyalty points balance leaves nothing to pay, no loyalty points will be awarded).

6.11. If You use a Switchback Cycles Gift Voucher to pay for Your order, You will only earn loyalty points on the final amount payable after the face value of the Switchback Cycles Gift Voucher is deducted from the total amount payable (in cases where Your order is paid for in full using a Switchback Cycles Gift Voucher, no loyalty points will be awarded).

6.12. If You enact Your right to cancel Your order in full, We Will cancel all the loyalty points awarded for it. If You enact Your right to return part of Your order, We will cancel the loyalty points awarded for the returned Item(s).

6.13. You can view detailed information about Your loyalty points balance at any time by signing in to Your account and visiting the Loyalty Points section of Your account area.

6.14. Our loyalty points are not currently subject to an expiry date, but We reserve the right to amend, change, modify, suspend or cancel Our loyalty points discount scheme at any time without notice and without offering compensation of any kind. If We enact Our right to cancel Our loyalty points discount scheme Your loyalty points balance will be forfeit with immediate effect. Similarly, if You enact Your right to close Your account Your loyalty points balance will be forfeit with immediate effect.

 

7. WEBSITE COPYRIGHT

7.1. All materials, including documents, images, illustrations and other materials that form part of this website (collectively termed the ‘Contents’) are copyrights, registered and unregistered trademarks, trade dress and/or other intellectual property rights controlled by or licensed to Us. In addition, this website as a whole is protected by copyright, and all rights are reserved.

7.2. You may download or copy the Contents and other downloadable materials displayed on this website for Your personal use only. No right, title or interest in any downloaded materials is transferred to You as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents of this website.

 

8. WEBSITE AVAILABILITY

8.1. While We will endeavour to ensure that this website is normally available all of the time, We will not be liable if for any reason this website is unavailable at any time or for any period.

8.2. Access to this website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Our control.

 

9. VISITOR MATERIAL AND CONDUCT

9.1. Other than personally identifiable information, which is covered separately under Our Privacy Policy, any material You transmit or post to this website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

9.2. You are prohibited from posting or transmitting to or from this website any material:

(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(b) for which You have not obtained all necessary licences and/or approvals;
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world;
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

9.3. You may not misuse this website (including, without limitation, by hacking).

9.4. We will fully co-operate with any law enforcement authorities or court order requesting or directing Us to disclose the identity or locate anyone posting any material in breach of these Conditions.

 

10. WEBSITE LINKS

10.1. Links to third party websites on this website are provided solely for Your convenience. If You use these links, You leave this website. We do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If You decide to access any of the third party websites linked to this website, You do so entirely at Your own risk.

10.2. If You would like to link to this website, You may only do so subject to the following conditions:

(a) You do not remove, distort or otherwise alter the size or appearance of Our logo;
(b) You do not create a frame or any other browser or border environment around this website;
(c) You do not in any way imply that We are endorsing any products or services other than Our own;
(d) You do not misrepresent Your relationship with Us nor present any other false information about Us;
(e) You do not otherwise use any of Our trademarks without Our express written permission;
(f) You do not link from a website containing content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

10.3. We expressly reserve the right to revoke the above right granted in clause 10.2. for breach of these terms and to take any action We deem appropriate. You shall fully indemnify Us for any loss or damage We may suffer or incur as a result of Your breach of clause 10.2 of these Conditions.

 

11. DISCLAIMER

11.1 While We will endeavour to ensure that the information contained within this website is correct, We do not warrant the accuracy and completeness of the Contents. We may make changes to the Contents of this website at any time without notice. The Contents of this website may be out of date, and We make no commitment to update such material.

11.2. The Contents of this website are provided as is, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, We provide You with this website on the basis that We exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these Conditions might have effect in relation to this website.

11.3. Product images and descriptions are for illustrative purposes only and may be subject to change without notice.

 

12. LIABILITY

12.1. We exclude all liability and responsibility for any amount or kind of loss or damage that may result to You or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this website in any way or in connection with the use, inability to use or the results of use of this website, any websites linked to this website or the material on such websites, including but not limited to loss or damage due to viruses that may infect Your computer equipment, software, data or other property on account of Your access to, use of, or browsing this website or Your downloading of any material from this website or any websites linked to this website.

12.2. If Your use of material on this website results in the need for servicing, repair or correction of equipment, software or data, You assume all costs thereof.

12.3. You agree to indemnify Us fully, defend Us and hold Us harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the Conditions by You, or Your use of this website, or the use by any other person using Your details.

 

13. GOVERNING LAW AND JURISDICTION

13.1. These Conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these Conditions shall be subject to the exclusive jurisdiction of the English courts.

13.2. We do not warrant that the Goods advertised for sale on this website are appropriate for use outside the United Kingdom. It is prohibited to access this website from territories where its contents are illegal or unlawful. If You access this website from locations outside the United Kingdom, You do so at Your own risk and You are responsible for compliance with local laws.

 

14. MISCELLANEOUS

14.1. We may revise these Conditions at any time by updating this document. You should check this website from time to time to review the then current Conditions, because they are binding on You. If You do not wish to accept any new Conditions, You should not continue to use this website.

14.2. You may not assign sub-license or otherwise transfer any of Your rights under these Conditions.

14.3. If any provision of these Conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.

14.4. Any queries relating to these Conditions are welcomed and should be directed to Us using the e-mail address given in Section 2 of the main Terms and Conditions.