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BikeNation e-commerce store Customer Terms & Conditions

Welcome to BikeNation

This Website and e-commerce store is operated by BikeNation which is trading name of Phase 1 MCS Limited. All transactions are between you and Phase 1 MCS Limited.

Our registered office is at:

Phase 1 MCS Limited T/A BikeNation, Unit 1, 9A Farnham Trading Estate, Farnham, Surrey, GU9 9NN.
Registered in England, Company no. 07123791.

Our trading address is at:

Phase 1 MCS Limited T/A BikeNation, 5 Alpha Way, Thorpe Park Industrial Estate, Egham, Surrey, TW20 8RZ.

You can contact us at:

Tel: 08430 500 555 or 01784 475 455

Email: info@bikenation.co.uk or customerservices@bikenation.co.uk

 

Agreement

These terms and conditions apply to the use of this Website and by accessing this Website and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions you must immediately stop using the Website.

 

 

Meanings used in these Terms & Conditions

  • "We", "us" and "our" means Phase 1 MCS Limited T/A BikeNation.
  • "You" and "your" means the person who wishes to use the Website.
  • “Product”, “goods” and “item(s)” refers to the goods displayed for sale on this Website.
  • "Product Description" means that part of the Website where certain terms and conditions in respect of the individual Product are provided.
  • "Personal Information" means the details provided by you on registration.
  • "Conditions" means these terms and conditions set out below
  • "Website" means the Website located at www.BikeNation.co.uk and www.bennetts.co.uk/BikeNation or any subsequent URL which may replace it.

 

 

Use of this Website

Access

These Terms and Conditions apply to the online store Website, as operated by Phase 1 MCS Ltd, and accessible under the domain names www.BikeNation.co.uk and www.bennetts.co.uk/BikeNation only.

You are provided with access to this online store Website in accordance with the Conditions set out below and any orders placed by you must be placed strictly in accordance with these Conditions.

 

Responsibility for content

We are providing this Website on an "as is" either end basis and make no representations or warranties of any kind in respect of this site or its contents and disclaim all such representations and warranties. In addition, we make no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published in this Website. The information contained in this site may contain technical inaccuracies or typographical errors.

Whilst we aim to provide you with accurate information and product descriptions of the products featured on the Website, Phase 1 MCS Limited does not give any warranty, guarantee as to its accuracy or otherwise and shall have no liability to the Customer for any losses arising as a result thereof.

 

We reserve the right to

Modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or change the conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change.

 

Third party links

To provide increased value to our Users, we may provide links to other Websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked Website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for

  • The privacy practices of such Websites,
  • The content of such Websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such Websites or resources,
  • The use to which others make of these Websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external Websites or resources.

We make no warranty that the Website or any linked Website is free from viruses or other malicious computer problems. You are responsible for ensuring that you use the appropriate virus checking software.

 

Registration

You warrant that the Personal Information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and you will notify us immediately of any changes to the Personal Information by contacting our Customer Services department via:

You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

Calls to our Customer Services department are at BT’s Lo-Call rate, and should cost no more than 5 pence / minute from a BT landline, calls from other providers may vary.

 

Indemnity

You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website.

 

Termination

We have in our sole discretion the right to issue a warning, temporary suspension, or an indefinite suspension and termination of your rights to use the Website if you:

  • Act inconsistently and in breach of these terms and conditions;
  • At any time violate or attempt to violate any rights of any other user of the Website or third parties;
  • Are engaged in any fraudulent activity.

 

Terms of Sale

Description of Products, Pricing & Availability

We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order.

Each Product purchased is sold subject to its Product Description which sets out, where applicable, any additional Specific Conditions related to that Product including, without limitation, terms and conditions concerning estimated delivery dates and times, warranties, after-sales service and guarantees.

 

Prices of the Products

The Price of the Products will be as stated on the Website at the time you submit your order.

Prices shown on the Website include VAT, where applicable, for the item(s).

UK VAT is not currently chargeable on motorcycle helmets, children’s clothing, or books and periodicals.

The cost of delivery and any insurance are made clear before the customer needs to commit to an order, as per the updated 13 June 2014 Distance Selling Regulations.

Prices on the Website may be viewed by different currency but will be invoiced in sterling (GBP).

Phase 1 MCS Limited T/A BikeNation accepts payment by PayPal or Credit / Debit card only.

All Products must be paid for in full before being dispatched.

The price of the products stated on the Website may vary due to factors outside our control, or if there is a delay between the time of the order and you receiving your Order Confirmation. In these circumstances you will be entitled to cancel your order if the price increase is not acceptable to you.

 

Contract creation and electronic contracting

The steps required to create the ‘Sales Contract’ between you and us are as follows:

You place the order for your products on the Website by pressing the confirm order button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the Website.

Before your order can be accepted, we must receive in cleared funds, or confirmation of authorisation of payment the purchase price specified in full (without any deduction).

Once full payment has been received by us we will confirm that your order has been accepted by sending an Order Confirmation to you at the e-mail address you provide.

As your product is shipped from our warehouse we will send you a despatch confirmation email.

Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the Products ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with the instructions in Change or cancel an order

Non-acceptance of an order may be a result of one of the following:

  • The product you ordered being unavailable from stock.
  • Our inability to obtain authorisation for your payment.
  • The identification of a pricing or product description error.

Our acceptance of your order brings into existence a legally binding contract between us.

Phase 1 MCS Limited T/A BikeNation is under the legal duty to supply goods that are in conformity with the contract.

The contract will be concluded in English, and will be subject to English Law.

Please also see our Complaints policy below.

For Customer Services please call 01784 475 455 or email customerservices@bikenation.co.uk .

 

 

Discount Codes & Vouchers

Vouchers - Vouchers can only be redeemed against the cost of goods. No cash or refund is given if the value of goods is less than the voucher value. Vouchers cannot be redeemed against carriage charges, unless specified.

Only one voucher can be redeemed per order, unless specified otherwise.

We reserve the right to refuse any voucher code application or redemption if there is any suspicion of fraud, mal-redemption or foul play.

Please refer to the promotional material accompanying your voucher code for further details.

 

Your Right to Cancel

In line with the updated 13 June 2014 Distance Selling Regulations you may cancel your order from the moment the contract between us begins (see above), subject to the following conditions:

 

Cancellation Timescales

You have a right to a cooling off period, and may cancel your order with us up to 14 days (including weekends or bank holidays) after the day on which you (or your nominated representative) receive the goods.

The following table shows when the cooling off period for sales contracts ends:

 

Goods delivery for a sales contract  End of cooling off period 

One order delivered in one delivery 

The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you ac-quires, physical possession of the goods. 

Multiple goods ordered in one order but delivered on different days 

The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good. 

 

 

Exercising your Right to Cancel

You must tell us of your intention to cancel in writing, within the timescales shown above:

  • by letter to Phase 1 MCS Limited T/A BikeNation,

 

Reasons for Cancellation

You may cancel your order for any reason, with the exception of those reasons shown below:

Exceptions – We cannot accept Cancellations and Returns of:

  • Customised Products – If you ordered an item which was customised for you, or which was made specifically for you, we cannot accept a return, unless the item is deemed to be faulty.
  • Audio and Video recordings, and Computer software, where the seal has been broken.
  • Newspapers, Magazines and Periodicals.

 

A full refund will be provided subject to

Subject to the conditions set out in Phase 1 MCS Limited Returns & Refunds Policy on this Website.

In summary, BikeNation will refund the full cost of the item and any standard delivery costs, (this excludes the cost of you returning the item to us), subject to the conditions set out in the Returns and Refunds policy.

You agree to send back the goods without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.

All requests will be processed after we have inspected and verified the condition of the goods.

Refunds will be authorised by us and paid in full no later than the end of 14 days after the day on which we received the goods back, or you have supplied evidence of having sent back the goods, whichever is the earliest, in line with the updated 13 June 2014 Distance Selling Regulations.

Refunds will be made in the same form as the original purchase.

 

Your Duty of Care when Cancelling

You have a Duty of Care to take reasonable care of the goods, and to return them in line with our Returns policy displayed elsewhere on this Website.

We have a right recover an amount from you for a loss of value of the goods as a result of handling the goods beyond “what is necessary to establish the nature, characteristics and functioning of the goods”.

This means in particular that you may inspect the goods in a way that would be possible in store. There, you would be allowed to try on clothes and boots etc, but you cannot wear them outside nor may they remove the tags. Likewise, consumers buying goods in an online shop may not use the goods in a way other than permitted in a store.

 

Deliveries, Returns & Refunds

Please refer to our Deliveries, Returns & Refunds policies displayed elsewhere on this Website.

  

Legals - Intellectual Property, Copyright & Content

Copyright ©

All contents, including images, artworks and reviews on the Website are automatically copyright protected.

 

Trademarks

BikeNation is a trading name of Phase 1 MCS Ltd and is trademarked.

All other company and product names and logos are trademarks or registered trademarks of their respective owners in certain countries.  You must not use them in any way unless you have written permission from the owner to do so.

 

Insurance Disclaimer

Remember to inform your insurance company of any modifications you make to your motorcycle, as failure to do so could lead to your insurance being invalidated. Purchasing goods or services from this Website does not constitute notification to any insurance company, brokers or underwriters.

 

Liability Disclaimer

Neither Phase 1 MCS Limited nor any of our employees or other representatives will be liable for loss or damage arising out of or in connection with the use of 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 in claims of third parties.

Phase 1 MCS Limited does not accept any liability for errors or omissions relating to information contained within this site. We reserve the right to change the site at any time.

In any event, the liability of Phase 1 MCS Limited for any breach or the aggregate liability for any series of breaches under or in connection with these terms and conditions shall not exceed the value of the relevant order placed by you from time to time.

Nothing said by any Phase 1 MCS Limited representative 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;

Phase 1 MCS Limited will not be in breach of contract as a result of any Force Majeure Event including but not limited to acts of God, war, terrorist attack, civil war, civil commotion or riots, adverse weather conditions, labour disputes, or non-performance by suppliers or sub-contractors.

Notwithstanding the foregoing, none of the exclusions and limitations under the clause are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded or in any way to exclude or limit Our liability to You for death or personal injury resulting from Our negligence or that of Our employees or agents.

 

Governing Law

These Terms & Conditions and associated Agreement are subject to English Law and to the exclusive jurisdiction of the English Courts.

 

Complaints

If you have a complaint about the Website, products, or any other aspect of your order please contact our Customer Services department in the first instance, and we will do our best to resolve your complaint.

If your complaint is not resolved to your satisfaction within 24 hours, we will send you a written acknowledgement of your complaint together with the next steps we will be taking to resolve it.

If after contacting our Customer Services department you are still not satisfied that we have resolved your complaint, please email us at customerservices@BikeNation.co.uk or write to us at the address below.

 

BikeNation - Customer Services Dept.
Unit 1,
9A Farnham Trading Estate,
Farnham,
Surrey,
GU9 9NN.

 

Please make sure you include your name, address, telephone number and email address, any relevant order numbers and a summary of you complaint in any correspondence.

 

Privacy & Security

We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.

In turn, we expect you to maintain the confidentiality of your username and password for your BikeNation - Phase 1 MCS Limited account.

 

Website & Transaction Security

The payment site employs enhanced encryption techniques which seek to ensure that all of your confidential data (such as credit card number, name, address and other information) cannot be intercepted, unscrambled or copied when being transmitted between our sever and yourself. No cardholder information is ever passed unencrypted.

Your credit card information will be passed directly to SagePay for processing. As a payment service provider (PSP), thousands of businesses outsource their transaction security to SagePay. It is SagePay’s top priority to ensure that customers’ transaction data is kept secure at all times.

We also offer payment via PayPal, in which case your transaction details are processed directly by PayPal.

 

Use of Cookies

Cookies are small text files which the Website places on your computer's hard drive to store information about your shopping session and to identify your computer.

We use Cookies to keep track of your current shopping session to personalise your experience and so that you may retrieve your shopping basket at any time - if you do not accept Cookies you will be unable to use the full functionality of this Website.

If you are using a shared computer be sure to sign off when you finish, and ideally clear the browser history and cache to remove the cookies and records of your session.

For a List of cookies we collect please see the cookies list section at the bottom of our Privacy Policy page.

 

Information that we collect

We may collect the following information:

  • Your name
  • Contact information including email address
  • Demographic information such as postcode, preferences and interests
  • Other information relevant to customer surveys and/or offers.

 

What we do with the information we gather

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

  • Internal record keeping.
  • We may use the information to improve our products and services.
  • Where you have 'opted-in' we may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
  • From time to time, we may also use your information to contact you for market research purposes. Where you have 'opted-in' we may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.

 

Data Protection Notification

The data controller in respect of the personal data you provide on the BikeNation On-line store is Phase 1 MCS Limited.

Data you provide will be used for the purposes of the administration of your order. It may from time to time be necessary to pass some or all of your information to third party suppliers to enable your order to be fulfilled, however in all cases the data you provide will be treated securely and in accordance with the Data Protection Act 1998. We may also pass your data to regulatory or public bodies (including the police or crime prevention agencies) if required to do so in relation to the prevention or detection of crime.

 

For mutual security telephone calls may be recorded and may be monitored for training purposes, however any transactional payment details are not recorded.

We will not sell, distribute or lease your personal information to any other third parties unless we have your permission or are required by law to do so.

 

Your rights & controlling your personal information

You can choose to restrict the collection or use of your personal information in the following ways:

  • Whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
  • If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at at the address below.

 

You may request details of personal information which we hold about you under the Data Protection Act 1998:

You are entitled, on payment of the fee of £10, made payable to Phase 1 MCS Limited to see details of the information Phase 1 MCS Limited hold about you. If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.

If you wish to do this please email us at customerservices@bikenation.co.uk providing your name, postal address and email address, with the words ‘BikeNation data protection information request‘ in the email subject line, or write to the Data Protection Officer at Phase 1 MCS Limited T/A BikeNation, 5 Alpha Way, Egham, Surrey, TW20 8RZ.

You have the right to request at any time that we and/or carefully selected companies cease processing your personal data for marketing purposes. You are also entitled to ask us to remove personal information from our records.

 

Links to other websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

 

If you have any questions about Privacy, Security and Cookies please email customerservices@bikenation.co.uk or call Customer Services on Tel: 01784 475 455