Terms & Conditions for orders placed via our website, email or phone

Our Online Terms and Conditions for orders placed via our website, email or phone

  1. These terms
    • What these terms cover. These are the terms and conditions on which we supply products and services to you.
    • 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. If you think that there is a mistake in these terms, please contact us to discuss.
  2. Information about us and how to contact us
    • Who we are. We are Beacon Fell Limited (trading as “Beacon” and “The Fell Bike and Triathlon Superstore” and “Beacon Experimental” and “Protoolcycleworks”) a company registered in England and Wales. Our company registration number is 08357369 and our address for correspondence purposes is Unit 5 Deanfield Drive, Link 59 Business Park, Clitheroe, BB7 1QJ. Our registered VAT number is
    • How to contact us. You can contact us by telephoning our customer service team at +44 (0) 1254 658950 or by writing to us via the “Contact Us” page of either of our websites at www.thefellbiketri.com and beaconfell.com or by emailing us at [email protected]
    • 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.
    • “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
  3. Our contract with you
    • How we will accept your order. Our acceptance of your order will take place when we email you to confirm order dispatch at which point a contract will come into existence between you and us. We will send you an email confirming receipt of your order, this is automatically generated and for the avoidance of doubt, this does not mean that we have accepted or rejected your order or that a contract has been formed between us. All  orders must be paid for in full at the time of placing your order.
    • 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.
    • Your order number. 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.
    • International Sales. If you would like your products to be delivered to a country outside of the United Kingdom or to specific UK postcodes, please contact us for details of delivery costs where such costs are not available on the relevant website.
    • Compliance with international law. Our products are CE marked, however we do not guarantee that they are compliant with regulations and law outside of the European Union.
  4. Our products
    • 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 a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
    • Configuring your product. You are responsible for ensuring that your order is accurate before you submit it.  Where you have chosen to configure the product to your own specification (including but not limited to the bike model, clothing, footwear sizing, bike frame bottle cage, groupset, bar tape, stem and bars, saddle, stem and wheels) (a “Configured Product”), you are responsible for any such selection and must ensure that this information is accurate before submitting your order.  If we order a Configured Product based upon inaccurate information from you, you will be liable for any costs we incur in putting the order right.
    • Measurement for bespoke fitting. Where you have submitted or provide us with size information for a bike or bike frame, you are responsible for the accuracy of such measurements and we accept no liability for inaccurate measurements.
  5. Your rights to make changes.
    • If you wish to make a change to the product you have ordered please contact us. 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. We can usually accommodate changes prior to us placing an order with our suppliers or dispatching a product. After this point we usually cannot without you incurring costs.
    • Goodwill Refunds and Exchanges – excluding all bikes and any other products which have been tailored to your specification, in addition to your other rights to end the contract detailed in clause 8, we will offer an exchange or refund for products that are returned to us within 30 days of purchase where the product is unused and still has its packaging intact, complete and is in a condition judged by us, to be suitable for resale. We will need proof of purchase for this to apply.
  6. Our rights to make changes
    • If we need to make a significant change to the product. We will notify you if we need to make a significant change to the product which will impact the cost of the products or your use of or the aesthetics of the products.  We will discuss the change with you.  After consideration if this is unacceptable, you may contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
    • Minor Changes. We are entitled to make small changes to the product where such changes are required to comply with laws and regulatory requirements or otherwise where we have reasonable cause provided that such changes will not adversely affect your use of the product.
  7. Providing the products
    • Delivery costs. The costs of delivery will be as displayed to you on our website, or communicated by phone or email, unless the product is to be delivered outside of the UK and selected UK postcodes clause 4 applies.
    • When we will provide the products.
      • Our websites (Thefellbiketri.com and Beaconfell.com) are designed to provide accurate information on stock availability. We never knowingly display products as in stock, if they are not. If items are available to order the website will show this.  Delivery times on the website typically quote the time to arrive with us from a supplier.  It then typically takes three working days to get the product(s) sent to you.  The website will not always be correct but we use our reasonable endeavours to ensure it is up to date.
      • If you have ordered a product which is already in stock at Beaconfell we will use our reasonable endeavours to dispatch this to you within 3 working days of us accepting your order. If we predict a delay in this, we will let you know.
      • For products that require ordering from a supplier and are in stock with that supplier, we will usually receive them from the supplier within 3-5 working days and we endeavour to deliver them to you within a further 3 working days of receipt from our supplier.
      • It typically takes up to 12 weeks for ‘out of stock’ items to be restocked (for newly launched bikes this can be up to 6 months) for us to receive them prior to delivery to you. We will inform you of this delivery estimate at the time of your order so you can decide whether or not to proceed on this basis.  Occasionally out of stock items are not restocked as a manufacturer may end a product line.  We will let you know should this occur, as soon as reasonably practicable after we become aware of this.
      • If the products are special order, custom or one-off products or services delivery can take up to 6 months but again we will give you an estimate at your time of order.
      • Our order acceptance email will give you a delivery estimate which will be led by the product availability outlined in clauses 7.2 (a)-(e). If we expect delivery to be delayed beyond the norms outlined above we will let you know and give you our best estimate of delivery.     
    • We are not responsible for delays outside our control, such as those created by our suppliers. 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 (more than 12 weeks beyond the delivery date estimate) you may contact us to end the contract and receive a refund for any products you have paid for but not received.
    • Collection by you or your nominated courier. If you have asked to collect the products from our premises, or to arrange for a courier to collect the products you must contact us to arrange an appointment time for you or your courier to collect during our store working hours, which shall be displayed on our website from time to time.
    • 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, our courier will leave you a note informing you of how to rearrange delivery or self collection.
    • 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 a delivery depot 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 2 will apply.
    • When you become responsible for the goods. The product will be your responsibility from the time we deliver the product to the address you gave us, from the time a courier that you have arranged collects the product from us or from the time you collect it from us, as the case may be.
    • When you own goods. You own a product which constitutes goods once we have received payment in full.
    • What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, details of your preferences or measurements for Configured Products. If so, this will have been stated in the description of the products on our website. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
    • Reasons why we may suspend the supply of products to you. We may have to suspend the supply of a product to:
      • deal with technical problems, safety recall issues from manufacturers or make minor technical changes;
      • update the product to reflect changes in relevant laws and regulatory requirements;
      • make changes to the product as requested by you or notified by us to you (see clause 6.).
  1. Your rights to end the contract
    • You may end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
      • If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 11;
      • If you want to end the contract because of something we have done or have told you we are going to do, see clause 2;
      • If you have just changed your mind about the product, see clause 3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
      • In all other cases (if we are not at fault and there is no right to change your mind), see clause 7.
    • Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
      • we have told you about a significant change to the product or these terms which you have told us in writing or email you do not agree to (see clause 1);
      • we have told you about an error in the price or description of the product you have ordered and you have told us in writing or email you do not wish to proceed;
      • product delivery has been delayed beyond the estimated delivery date by more than 12 weeks;
      • we have suspended supply of the products for technical or safety reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 12 weeks; or
      • you have a legal right to end the contract because of something we have done wrong.
    • Exercising your right to change your mind (Consumer Contracts Regulations 2013). In addition to our Goodwill Refund and Exchange policy as detailed at clause 2, for most products bought online, by email or telephone 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.
    • Our product warranty. We supply certain products with a warranty and others are supplied with a manufacturer’s warranty. Any product warranty will only be valid if the product (and in particular bike) has been regularly maintained by a competent qualified technician within a frequency appropriate to its use, based upon our judgement. If you have any queries please ask us prior to order.
    • When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
      • Configured Products or products that have otherwise been personalised or built to fit you or another individual, specially ordered or specified specifically for you. This will apply to most bikes where they are specifically ordered for you, from our suppliers by us.
      • products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
      • products which have been used outdoors or are no longer in saleable condition;
      • any products which become mixed inseparably with other items after their delivery; and
      • services, once these have been completed, even if the cancellation period is still running.
    • How long do I have to change my mind? 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) receive the last delivery to change your mind about the goods. If you have ordered services, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running.
    • 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 (see clause 1), 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 have not changed 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 but we will be entitled to deduct from the sums paid (or, if you have not made a full advance payment, charge you) reasonable compensation for our net costs plus vat. This will include costs that we have incurred in sourcing, ordering and labour in assembling products, where we have made financial commitments or specific orders to allow us to fulfill your order.  We will then refund any balance left from any sums paid by you for products.
    • If you are not ending the contract for one of the reasons set out in clause 8.2 and your 14 day right of change has either expired or does not apply, then the contract will end immediately, and we will be entitled to deduct from the sums paid (or, if you have not made a full advance payment, charge you) reasonable compensation for our net costs plus vat for orders placed that we will or have incurred as a result of your ending the contract. This will include costs that we have incurred in sourcing, ordering and labour in assembling Products, where we have made financial commitments or specific orders to allow us to fulfill your order. We will then refund any balance left from any sums paid by you for products.
  2. How to end the contract with us (including if you have changed your mind)
    • Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
      • Phone or email. Call customer services on +44 (0) 1254 658950 or email us at [email protected] Please provide your name, home address, details of the order and, where available, your phone number and email address.
      • Online. Complete the form on the relevant website.
      • By post. Write to us at Unit 5 Deanfield Drive, Link 59 Business Park, Clitheroe, BB7 1QJ, including details of what you bought, when you ordered or received it and your name and address.
    • 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 Unit 5 Deanfield Drive, Link 59 Business Park, Clitheroe, BB7 1QJ or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on +44 (0) 1254 658950 or email us at [email protected] to arrange collection where possible. 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.
    • When we will pay the costs of return. We will pay the costs of return:
      • if the products are faulty or misdescribed;
      • if you are ending the contract because we have told you of a significant 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
      • you have a valid warranty claim.

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

  • 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. The costs of collection will be the same as our charges for standard delivery as detailed on our website.
  • 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.
  • Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
    • 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. For example, bikes should not be tested, ridden or stored outdoors. 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.
    • 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 1 week 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.
  • 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:
    • 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 product 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 2.
    • In all other cases, your refund will be made within 14 days of your telling us you have changed your mind
  1. Our rights to end the contract
    • 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 you do not make any payment to us when it is due;
      • by writing to you if 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, your preferences or measurements for Configured Products;
      • if we have a bona fide belief that you are acting fraudulently or otherwise not in accordance with the law;
      • you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
    • You must compensate us if you break the contract. If we end the contract in the situations set out in clause 1 we will refund any money you have paid in advance for products we have not provided less the net costs we have incurred plus vat (including but not limited to the net cost of the products, labour, materials or services we have incurred or procured to prepare your order prior to your breaking the contract.) This will include costs that we have incurred in sourcing and assembling Configured Products, where such parts cannot be retuned or otherwise resold by us.
    • We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know as soon as reasonably possible in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
  2. If there is a problem with the product
    • How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at +44 (0) 1254 658950 or by writing to us at [email protected]. Alternatively, please speak to one of our staff in-store.  .   If you call us or come into the store, we’ll try to sort out your complaint while you’re on the phone or in the store. If this isn’t possible, the advisor will agree a course of action with you.  If after contacting us you feel we still haven’t resolved your complaint satisfactorily, please note that you may submit details for online resolution to the European Online Dispute Resolution platform at: https://ec.europa.eu/consumers/odr.
    • 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.
Summary of your key 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.

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.

See also clause 8.3.

If your product is services, for example bespoke bike fitting, 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).

 

  • 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 costs of postage or collection. Please call customer services on +44 (0) 1254 658950 or write to us at [email protected] for details of how to return or to arrange collection (where available).
  1. Price and payment
    • Where to find the price for the product and the services. The price of the product (which includes VAT) and the services will be the price indicated on the order pages when you placed your order. If we are having to custom specify a product that is not priced on the website for you, we will build a specific quote for you. We take all reasonable care to ensure to ensure that the price of the product advised to you is correct. However please see clause 3 for what happens if we discover an error in the price of the product you order.
    • 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.
    • 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 to you, 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, refund you any sums you have paid and require the return of any goods provided to you.
    • When you must pay and how you must pay. We accept payment with the debit and credit cards listed on the relevant website. We may also accept payment by online bank transfer, please contact us if you would like to make arrangements to pay by this method. You must pay for the products and services in full at the point of ordering, before we dispatch the products or begin to fulfil the services.
  2. Our responsibility for loss or damage suffered by you
    • 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 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. 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.
    • 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 including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; and for defective products under the Consumer Protection Act 1987
    • 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.
  3. How we may use your personal information
    • How we will use your personal information. We will use the personal information you provide to us:
      • to supply the products to you;
      • to process your payment for the products;
      • if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us;
      • if you agreed to this during the order process, to provide our partners with your details so that they may give you information about similar products that they provide but you may stop receiving this at any time by contacting them.
      • We will only give your personal information to third parties where the law either requires or allows us to do so or if you agree for us to do so.
  1. Other important terms
    • We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract 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.
    • You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee).

You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.  The warranty may be passed on during the period it is valid, but we will require the person to whom the guarantee is transferred, to provide reasonable evidence that they are now the legal owner of the product and that the warranty terms have been fulfilled to maintain its validity.

  • Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
  • 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.
  • 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.
  • Which laws apply to this contract and where you may bring legal proceedings. 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.

 

 

 

  • Model Cancellation Form

(Complete and return this form only if you wish to withdraw from the contract)

To Beacon Fell Limited

Unit 5 Deanfield Drive,

Link 59 Business Park,

Clitheroe,

BB7 1QJ

Tel: +44 (0) 1254 658950

Email: [email protected]

 

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],

Ordered on [*]/received on [*],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

[*] Delete as appropriate

© Crown copyright 2013.

version 1.0

date 13-02-2018