Terms and Conditions

1. TERMS AND CONDITIONS

1.1 These are the terms and conditions on which we supply our products to you, whether listed on our website www.bike4health.org (our Website) or in our workshop store. These terms apply to sales to non-business customers only and some of these terms (where stated), apply to online sales only.

1.2 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 either of us may change or end the contract, what to do if there is a problem and other important information.

1.3 If you have any queries relating to these terms, please get in touch with us at workshop@bike4health.org.

1.4 Your attention is particularly drawn to the provisions of clauses 8 and 9 (your cancellation rights), 12 (which sets out any additional liability you may have to us), 13 (which caps our liability to you) and our privacy policy on our Website (which sets out how we process the personal data you provide to us).

2. INFORMATION

2.1 We are Bike4Health Community Interest Company Ltd (company registration number: 09278187) and our registered VAT number is GB198595531.

2.2 You can contact us by telephoning our Workshop on 0191 250 9367 or by writing to us at workshop@bike4health.org or Bike4Health, Unit 5A North Tyne Industrial Estate, Whitley Road, Benton, Newcastle upon Tyne NE12 9SZ.

2.3 We are committed to maintaining your privacy and the security of the personal data you provide to us. We will only take the personal data we need in order to process your order, we will communicate with you in the manner specified, and we will only contact you for marketing purposes with your permission. All personal data we take from you will be processed by us in accordance with our Privacy Policy, located at www.bike4health.org/privacy-policy. Please take the time to read this as it sets out how we process your personal data, including where we send it and which third parties have access to it.

3. OUR CONTRACT WITH YOU

3.1 After you place an order, you will receive an email from us acknowledging that we have received your order (with a brief summary of the service, product, size and colour) and any relevant information.

3.2 We will confirm our acceptance to you by sending you an email confirming the service(s) or product(s) have been allocated.

3.3 The contract between us will only be formed when we send you confirmation, as relevant.

3.4 It is your responsibility to check all details and aspects of your order are correct, particularly when we send you your order acknowledgement (described at 3.1); and that the services/products are suitable for your requirements, including measurements, dimensions, and any other product features. Unless otherwise explicitly agreed work will not proceed. Sometimes we may ask for a non-refundable deposit (amount notified to you) to cover workshop labour, components, or similar. The balance will be payable to us, in full, on collection or prior to delivery.

3.5 If we are unable to accept your order, we will notify you (either in writing or by telephone) and will not charge you for the service or product. This might be because the service or product is unavailable or out of stock, because we have identified an error in the price or description of the service or product, we are unable to obtain authorisation of payment, or because we are unable to meet a specific requirements you have specified.

3.6 We will contact you if there are any problems with your order and we reserve the right to reject any offer to purchase by you at any time.

4. OUR SERVICES AND PRODUCTS

The images representing our services and products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours or the printed pictures in our website accurately reflects the colour of the products. Your product and its packaging may vary slightly from those images.

5. RIGHT TO MAKE CHANGES

5.1 If you wish to make a change to the service or product you have ordered then please contact us as soon as possible to let us know. We will let you know if the change is possible, but the sooner you tell us, the easier it is to make changes without additional time and cost. We will let you know about any changes to the price of the service or product, timing or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to proceed.

5.2 We may make changes to our product to reflect any changes in applicable laws or regulations at any time. Where this occurs, we will notify you.

6. PRICE AND PAYMENT

6.1 Other than for orders where we require a deposit in advance (see 3.4), your order will only be processed once payment is made to us in full, in advance (whether through our Website or in store). Where you are making payment through one of our finance packages, we will process your order when we receive notification that you have been approved and that you have signed the relevant agreement.

6.2 Where we are required to order in any parts not ordinarily stocked or easily sourced by us, we may require payment in full, in advance.

6.3 The total charges for the service(s) or product(s) you order will be the price indicated on the order page when you place your order, or if you are purchasing in store then the price will be as displayed or notified. We take all reasonable care to ensure the price of product(s) is correct.

6.4 It is always possible that, despite our best efforts, some of the services or products we sell may be incorrectly priced. Where the service or product has been incorrectly priced, we will notify you before accepting your order. Where this occurs, you may exercise your right to cancel the contract.

6.5 If the rate of VAT changes between your order date and the date we supply the service or product, we will adjust the rate of VAT that you pay, unless you have already paid for the product (including delivery and installation costs) in full before the change in the rate of VAT takes effect.

6.6 We accept payment through our Website and in store through all major credit and debit cards and recognised payment methods, including Apple Pay®, Android Pay® and PayPal™. Subject to satisfying our eligibility criteria, we also offer 0% APR finance over 6, 10 or 12 months through our appointed partner, V12 Retail Finance Limited, who are FCA regulated and in the future Splitit https://www.splitit.com who offer interest free split payments using your existing credit cards. See further details on our Website. 0% APR Finance is subject to age and status and a minimum spend applies. Full terms and conditions are available from V12 Retail Finance.

6.7 Uncollected goods. Bike4Health retains the right to dispose of unpaid and uncollected completed workshop jobs which have not been collected following a 28 day period after notification of job completion. Bike4Health will attempt to contact you through customer provided contact information prior to disposal.

In the event of being unable to collect or pay for completed workshop jobs the customer must contact Bike4Health immediately. Bike4Health may dispose of uncollected goods as a last resort to cover the costs incurred to complete the work on behalf of the customer where contact cannot be established.

6.8 If the item was marked as a gift when purchased and shipped directly to you, you’ll receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be mailed to you.

If the item wasn’t marked as a gift when purchased, or the gift giver had the order shipped to themselves to give to you later, we will send a refund to the gift giver and they will find out about your return.

7. DELIVERY AND RISK

7.1 For all product sales made through our Website, our available delivery options, timelines and applicable charges are listed on our Website. We can only delivery purchased bikes within our local area as defined by our local postcodes. Delivery of Bikes to other locations falls to you as the purchasers to arrange carriage. We will try and accommodate most locations within reason but as a guide the following postcodes are within our delivery area NE20, NE13, NE23, NE25, NE27, NE28, NE12, NE7, NE6, NE2, NE1, NE4, NE5.

7.2 Delivery of an order shall be completed when we deliver the product(s) to the address you gave us or you collect them from us, or a nominated third party, and the products will be your responsibility from that time. You will own the product when you pay for it in full, cleared funds.

7.2.1 Where online orders are placed through finance provider V12 Retail Finance online delivery can only be fulfilled to the address provided to V12 retail finance. It is not possible to fulfil delivery to an alternative address.

7.3 Where you order multiple items, we reserve the right to deliver the product(s) in instalments.

7.4 If the delivery date is not specified, we will deliver the products to you as advised to you individually at the time of order.

7.5 If no one is available at your address to take delivery, the products will be returned to our premises, in which case, please contact us.

7.6 You can collect your product(s) from our store at your convenience. Please let us know if there may be any delays with your collection, and we reserve the right to dispose of any unclaimed products after 30 days. A refund will be issued to you if you do not collect after this time, subject to a reasonable deduction of any storage and administration costs we have incurred.

7.7 If our delivery 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.

8. CANCELLATION (IN WORKSHOP)

8.1 If you purchase a product in our Workshop, you are only entitled to a refund on any product if there is something materially wrong with it (which you may be asked to demonstrate). In these circumstances, please return the product to our Workshop, with your proof of purchase, within 30 days and we can offer you a refund, store credit, or a like-for-like exchange (subject to stock and supply and at your discretion).

8.2 We reserve the right to refuse to offer any refund, credit or exchange to you where we do not consider (acting reasonably) that the relevant product is faulty or if you cannot otherwise verify you purchased the product from us (where it is not immediately obvious).

9. CANCELLATION (ONLINE)

9.1 For any purchases made through our Website you have the following rights (in addition to your rights under clause 8).

9.2 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.

9.3 We may cancel the contract if:

(a) despite our reasonable efforts, we are unable to contact you to re-arrange delivery or collection;

(b) you do not make payment to us when it is due;

(d) the information you provide to us on request (to enable us to process your order) is inaccurate or incomplete (and we are unable to reach you in order to rectify it).9.4 you may cancel your order for any product if:

(a) there is a risk of substantial delay in delivery, caused by an event outside of our control;

(b) the product is faulty or mis-described on delivery;

(d) you have simply changed your mind about the product.

9.5 For any products you order online we will refund you in full for any products paid for, but not yet delivered to you if:

(a) we intend to alter the product (including the price) in a manner you disagree with;

(b) there is an error in the price or description of the product and you no longer wish to proceed;

(d) we intend to withdraw the product from sale for any reason.

9.6 Where you wish to cancel the contract, please let us know as soon as possible by telephone or email.

9.7 If we miss the delivery deadline, you may cancel your order if any of the following apply:

(a) we have refused to deliver the product(s);

(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances, where agreed); or

(c) if you do not wish to cancel your order straight away, or do not have the right to do so under this clause, you can give us a new deadline for delivery (which must be reasonable), and you can cancel your order if we do not meet the new deadline.

9.8 Where the product has been delivered to a UK address, you may cancel the contract for any reason within 14 days of delivery, and return the product(s) to us within 30 days of delivery for an exchange or refund. Where your product was shipped to a non-UK address, you may cancel the contract and return the product(s) to us, provided you pay the appropriate return delivery costs. Products can be returned to our Workshop with confirmation of purchase.

We will refund to you the price paid for the items and (unless you did not pay for delivery) the delivery charges that you paid up to a maximum amount of the cost of our standard delivery option. You will be refunded to your original method of payment within 14 calendar days of our receipt of the cancelled items or, if earlier, within 14 days from the day we receive proof of return from you. If we do not receive the cancelled items back, we may arrange to collect them from you at your cost.

9.9 If you do choose to cancel your order for late delivery, you can do so for just some of the products or all of them, unless splitting them up would significantly reduce their value. If the products have been delivered to you, you will have to return them to us.

9.10 All items (unless faulty) must be returned as new with all original packaging, tags and labels, and the item must be unused and undamaged. In the unlikely event that an item is returned to us in an unsuitable condition, we may have to reject the return.

9.11 To excercise your right to cancel contact Bike4Health by phone or email.

10. REFUNDS

10.1 Refunds will be issued within 14 days and made by the same method you used for payment, subject to deduction of any applicable:

(a) return delivery costs (in accordance with the least expensive delivery method we offer for that product); and

(b) reduction in value of the product caused by you handling the products in a manner not permitted in a shop (whether the same is discovered on immediate or latent inspection).

10.2 No refund will be issued unless and until the relevant products are returned to us.

11. DEFECTIVE PRODUCTS

11.1 We are under a legal duty to supply products that conform to their description, are fit for purpose and are of satisfactory quality. As a result, you may also:

(a) receive a full refund if your goods are faulty and you notify us within 30 days of delivery;

(b) receive a full refund where your goods cannot be repaired or replaced within six months.

11.2 Nothing in these terms will alter or affect your legal rights under the Consumer Rights Act 2015 (where you deal with us as a consumer).

12. YOUR LIABILITY

If we are required to end the contract for any of the reasons set out in clause 9.3, we will refund any money you have paid to us in advance for the product we have not provided, but we may deduct or charge you reasonable compensation for the net costs we incur as a result of you breaking this contract.

13. OUR LIABILITY

13.1 If we fail to comply with these terms, or fail to use reasonable care and skill when performing this contract, we are responsible for any foreseeable non-business losses or damages you suffer as a result. Foreseeable loss includes losses that are either obvious or if, at the time the contract was made, both us and you knew it might happened (i.e. we discussed it with you during the sales process and accepted your order on this basis).

13.2 We do not exclude or limit our liability to you in any way that would be unlawful to do so. This includes liability for:

(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors;

(b) fraud or fraudulent misrepresentation;

(d) defective products under the Consumer Protection Act 1987

13.3 We shall not be liable to you whether in contract, tort (including negligence) or breach of statutory duty for any loss of profit or any indirect or consequential losses arising under, or in connection with, any contract between us.

13.4 Our total liability to you for all other losses arising under or in connection with any contract between us whether in contract, tort (including negligence) or breach of statutory duty, for all claims (connected or unconnected) shall be limited to the total amounts paid by you for the products under that contract.

14.1 We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. If you are unhappy with the transfer you may contact us to end contract for supply of the product within 14 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.

14.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

14.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.

14.4 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.

14.5 These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

14.6 If you are unhappy with how we have handled a complaint in relation to a product you bought from us through our Website, and if you are not satisfied with the outcome, you may still bring legal proceedings.

15. COMPETITIONS

15.1 Bike4Health Christmas Frog 44 Giveaway.

15.1.1. Eligibility. Entrants must be 18 or over at the date of entry and live in the UK.

15.1.2. Entries are accepted between 17:00GMT on the 08/12/22 until 13:00GMT on 15/12/22. The winner will be announced at 17:00GMT on 14/12/22, and contacted to claim their prize via email.

15.1.3. To enter. Entrants must sign up to the B4H mailing list, like and share the competition post on Facebook, Instagram or Twitter. The competition can be entered up to 3 times by liking and sharing on each platform.

15.1.4. Prize. The Prize is a Green Frog 44 worth £365 as of 07/12/22. If the Frog 44 is an unsuitable size for your child, £365 credit can be put towards the purchase of any other model of Frog Bike in stock at the time of collection. The prize can also be exchanged for smaller lower value Frog Bikes that are in stock at the time of collection. In this instance differential in credit will not be granted to the winner in cash or store credits or otherwise.

15.1.5. Winning. All entrants will be added to a spreadsheet and assigned a number. The winner will then be selected using a random number generator. Following this selection, eligibility will be verified before the winner is contacted. The winner will be contacted by email and B4H understands that by entering the competition we have consent to contact you by email. The Prize can be claimed up until 17:00GMT 31/1/23. The successful winner will need to authenticate their age by producing a valid UK photographic ID document, such as a passport or driver’s licence. Prize must be collected in person it will not be possible to post this prize.

15.1.6. Bike4Health reserves the right to change, ammend or withdraw the competition without notice.

15.1.7. Entrants to the competition enter under Bike4Health’s Privacy Policy as outlined online at bike4health.org/privacy-policy/.

15.1.8. Limitation of Liability. Bike4Health cannot be held responsible for any injury, illness or death which arises from entrance into the competition.

16. RETURNS POLICY – WHERE NOT COVERED BY CANCELLATION

16.1 If you are unhappy with your item, please let us know. Our Returns Policy gives you 30 days to return or exchange an item bought with a valid receipt. If 30 days have gone by since your purchase, we cannot offer you a refund or exchange.

To be eligible for a refund or exchange, goods must be returned in a re-saleable condition. That means your item must be unused and in the same condition that you received it. The item must be in the original packaging and returned with any accessories, labels and “free gifts” or bonus items.

To complete your refund or exchange, we require a receipt or proof of purchase. Please do not send your purchase back to the manufacturer.

16.2 Under the Consumer Rights Act of 2015 you have an early right to reject goods that are unsatisfactory quality, unfit for purpose or not as described, and get a full refund.

But this right is limited to 30 days from the date you took ownership of the goods (this could be the date of purchase or the date the goods were delivered to you – whichever is later).

After the initial 30 days, you can’t demand a full refund in the first instance, but you still have the right to a repair or replacement.

17. COMPLAINTS POLICY

If you are not entirely happy with your recent experience, please raise a complaint by contacting Bike4Health at info@bike4health.org or on 0191 250 9367.

We aim to resolve your complaint as quickly as possible and if we are able to resolve your complaint within 3 working days, we will send you a final response detailing our resolution. If we are unable to provide you with a final response at 3 working days, we will send you a letter explaining the reason for delay and when we expect to issue you with a final response.