Terms

CONSUMER TERMS OF SALE

PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE

1. Format of the Contract

These terms of sale apply to all goods supplied by Cooper Bikes via www.cooperbikes.com. The website is governed by the following terms and conditions; they do not affect your statutory rights.

Any order placed by you for goods advertised on our website is an offer by you to purchase the goods selected in your order. No contract exists between you and us for the sale of any goods until we have received your order and accepted it (which we may do at our discretion). We will send you an order acknowledgement shortly after you place your order, notifying you that we have received your order. This acknowledgement is not notification that we have accepted your order.

The contract is subject to your right of cancellation (see condition 5).

We have the right to terminate the contract if the price of the contract is not received from you in cleared funds.

Cooper Bikes may change these terms of sale without notice to you in relation to future sales.

2. Description and price of the goods

We have taken care to describe and show items as accurately as possible. Despite this, slight variations in items may occur. We provide you with product information on cooperbikes.com. If there is anything which you do not understand, or if you wish to obtain further information, please contact us on: 020 722 23098.

Every effort is made to ensure that prices shown on cooperbikes.com are accurate at the time of placing your order. If, by mistake, we have under priced an item we will contact you and offer you the following three options:

Placing a new order at the correct price for those goods; cancelling the whole of your order; or Cancelling your order for the mis-priced goods and reconfirm your order for the correctly priced goods.

If you do not choose one of the 3 available options within 14 days, your order will be cancelled or the under priced item will be removed from your order. If any payment has been made by you, you will be credited back to your original payment method.

If within 14 days of accepting your order we discover that all of the goods are unavailable, we will contact you and advise that we may cancel your order and refund or re-credit you within 7 working days. The refund will be credited back to your original payment method.

If within 7 days of accepting your order we discover that some but not all of the goods are unavailable, we will contact you and offer you the option of cancelling the whole order or amending your order to a substitute alternative. If you do not choose a substitute alternative within 14 days, the unavailable item will be removed from your order and we will deliver the available goods. If any payment has been made by you, you will be credited back to your original payment method.

The price of an item does not include the delivery charge, which will depend on your chosen delivery location and the delivery method you choose (see section 4 below).

3. Payment

Payment can be made by any of the options advertised on our website. Payment shall be due before delivery. If payment fails we will contact you and give you the opportunity to provide an alternative payment method. If you cannot provide an alternative your order will be cancelled.

For pre-orders your payment will be deferred until approx 3 days before your order is dispatched. Please ensure your credit/debit card is still valid when your order is due to be shipped. There may be a charge for a failed deferred payment due to an expired card. Please inform us immediately if your card has expired or has been cancelled.

There will be no delivery until clear funds have been received.

4. Delivery

Delivery will be made to the address specified when you complete your order and cannot be changed once the goods have been dispatched.

All orders will be delivered free of charge to UK mainland addresses only. For all other destinations please contact us for shipping fees or details of your local distributer.

Orders placed before 12.00pm on a working day will be processed that day and will be delivered within 3 working days, providing further security checks are not required and all goods are available. (A working day is any day other than weekends and Bank or other Public Holidays). Please ensure someone is available to accept the parcel, otherwise a re-delivery charge may apply.

If delivery cannot be made to your address for reasons under Cooper Bikes security policies you will be informed as soon as possible.

If you refuse the delivery of your order for reasons under the Distance Selling regulations or you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations, Cooper Bikes will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods. By exercising your right to cancel you are required to return the goods to Cooper Bikes. If you fail to return the goods to Cooper Bikes we reserve the right to deduct any costs incurred by retrieving the goods from you.

Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, Cooper Bikes will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this event, Cooper Bikes will inform you of any delay as soon as possible.

Upon receipt of your order you will be asked to sign for the goods received. If the package does not appear to be in good condition then please refuse the delivery. If you are unable to check the contents of your delivery then please sign for the parcel as "UNCHECKED". Failure to do so may affect any warranty claims that you make thereafter.

Ownership of an item will not pass to you until we have delivered the item to you (either directly, or by leaving it in a safe place or with a neighbour). When an item is delivered the risk of damage to or loss of the item passes to you.

5. Your right of cancellation

Please note that this policy has some limitations and does not apply to business customers. For business terms and conditions please contact us.

You have the right to cancel your contract with Cooper Bikes at any time up to 10 days after you receive the goods, in line with The Distance Selling Regulations. To cancel your contract in this time frame you must notify us in writing, either by post or email.

Should you wish to cancel your contract after the goods have been delivered to you, you will be responsible for returning the goods to Cooper Bikes in perfect condition at your own cost unless the goods are faulty or mis-described. Please follow our Returns procedure.

You will be credited for the goods within 30 days of receipt of goods by Cooper Bikes.

You cannot cancel a contract for unsealed consumable goods which, by their nature, cannot be returned, except where a fault has been discovered that could not have been identified without unsealing the goods.

6. Refund policy

If you are eligible for a refund, we will refund you back to the payment method you used when you originally paid for your order. Please note: It is your responsibility to notify us of any changes to your card details i.e. you no longer have that account. Refunds can take up to 30 days to process.

If the product returned is not in fully resalable condition or the packaging is damaged, we reserve the right to refuse a full refund on the item. This does not affect your statutory rights.

We will refund your original delivery charge when a product is faulty or damaged. If returned unwanted the delivery charge is not refundable.

7. Warranty

All new goods supplied by Cooper Bikes have a 12 month manufacturing defect warranty period from the date the goods were delivered (unless otherwise stated). This warranty does not affect your statutory rights as a consumer. If new goods develop a defect during the 12 month warranty period, please follow our Returns procedure.

Please note that the warranty does not cover you for any defects in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than in accordance with its intended use, failure to follow the manufacturer's or Supplier's instructions, or any alteration or repair carried out without Cooper Bikes prior written approval.

7.1 Faulty Product

If you receive goods that are faulty or incomplete on arrival you must notify us within 28 days of receipt of the item. The goods should be returned to us in line with our Returns procedure.

If the goods are less than 28 days old you have the option of a refund or direct replacement.

If the goods are over 28 days old we will test the product for the fault. If the fault is verified we will:

Try to repair the item If we are unable to repair we will replace with the same item If we are unable to replace we will issue a refund in line with our refund policy.

If the goods you have returned are not found faulty by out trained technicians the goods will be returned to you at your cost.

7.2 Products Dead On Arrival

In the unlikely event of you receiving goods that do not work upon arrival with you, you must notify us within 10 days. The goods should be returned to us in line with our Returns procedure.

Once we have received the goods back at Cooper Bikes we will test the product for the fault. If the fault is verified we will either:

Replace with the same item Refund in line with our refund policy

If the goods you have returned are not found faulty by out trained technicians the goods will be returned to you at your cost.

7.3 Products Damaged On Arrival

In the unlikely event of you receiving a damaged product you should notify us in writing via post or email within 7 days.

The goods should be returned to us in line with our Returns procedure.

Once we have received the goods back at Cooper Bikes we will test the product for the fault. If the fault is verified we will either:

Replace with the same item Refund in line with our refund policy

If the goods you have returned are not found faulty by out trained technicians the goods will be returned to you at your cost.

7.4 Wrong Item Delivered

If, by mistake we supply you with the incorrect item you must notify us within 10 days. The goods should be returned to us in line with our Returns procedure.

Once we have received the goods back at Cooper Bikes we will confirm that it is in fact an incorrect item and either:

Replace with the correct item Refund in line with our refund policy

If the goods you have returned are found to be correct they will be returned to you at your cost.

7.5 Item not Required

If you wish to return and unwanted product in line with The Distance Selling Regulation you must notify us in writing via post or email within 10 days of receiving the product.

The goods should be returned to us in line with our Returns procedure.

You will be responsible for returning the goods to Cooper Bikes at your own cost; you will be credited for the goods within 30 days of notifying Cooper Bikes of the cancellation.

You cannot cancel a contract for unsealed consumable goods which, by their nature, cannot be returned, except where a fault has been discovered that could not have been identified without unsealing the goods.

7.6 Extra Items Delivered

If, by mistake we supply you with extra items you must notify us immediately. The goods should be returned to us in line with our Returns procedure.

If you do not adhere to this procedure and are found to be in possession of goods that you have not paid for, you will be charged for the goods.

8. Limitation of Liability

Cooper Bikes will not be liable to you for any loss or damage in circumstances where:

There is no breach of a legal duty owed to you by the Supplier or by its employees or agents; Such loss or damage is not a reasonably foreseeable result of any such breach; Any increase in loss or damage resulting from breach by you of any term of this contract.

Nothing in these conditions excludes or limits the liability of Cooper Bikes for death or personal injury caused by our negligence or fraudulent misrepresentation.

9. Data Protection

Cooper Bikes will take all reasonable precautions to keep the details of your order and payment secure but unless Cooper Bikes is negligent, we will not be liable for unauthorised access to information supplied by you.

10. Images

Product images are for illustrative purposes only and may differ from the actual product.

11. Governing Law and Jurisdiction

These terms of sale and the supply of the goods will be subject to English law and the English courts will have jurisdiction in respect of any dispute arising from the contract.

12. Protecting Your Security

To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases.

By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected.

If you choose to provide us with information via a form on the Cooper Bikes Website we will use that information only to complete the request specified by that form.

We will not share your information with any third party, other than as described below in our Security notice.

We do not create individual profiles with the information that you have provided unless otherwise specifically stated on a particular form, we will under no circumstances give your information to any private organisation, commercial or otherwise.

All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.

During security checks we may ask for additional information or documentation to help support the data you supplied.

13. Website Security

For site security purposes and to ensure that this Website remains available to all users, Cooper Bikes Co. Ltd monitors network traffic to identify unauthorised attempts to upload or change information or to otherwise cause damage to the site. Anyone using this Website expressly consents to such monitoring.

Unauthorised attempts to modify any information stored on this system, to defeat or circumvent security features, or to utilise this system for other than its intended purposes are prohibited and may result in criminal prosecution.

If monitoring reveals evidence of possible criminal activity, such evidence may be provided to the appropriate authorities.

14. Copyright Statement

All content within the Cooper Bikes Website is either the property of Cooper Car Co. Ltd & Cooper Bikes Co. Ltd or its customers or suppliers. Content owned by customers or suppliers of Cooper Car Co. Ltd is used with the customers or suppliers permission. You may download to a local hard disk and print extracts from this Website for your personal use. You may also recopy downloaded extracts to others provided you do not do so for profit.

However, reproduction of part or all of the contents in any form is prohibited unless for personal use. None of the content of this Website may be copied or otherwise incorporated into or stored in any other Website, electronic retrieval system, publication or other work in any form (whether hard copy, electronic or other). For the avoidance of doubt, framing of this site or any part of it is not permitted without express permission.

Notwithstanding the above, caching of this site is permitted by an information service provider acting in the normal course of its business as provided for in the Electronic Commerce (EC Directive) Regulations 2002.

15. Trademarks

"Cooper Bikes" is a registered trademark of Cooper Car Co. Ltd.

All trademarks, logos, website addresses, product or model names or derivations that describe Cooper Bikes or Cooper Bikes Affiliate products, support or services or that contain the words "Cooper Bikes" that are included in Site content (together, Cooper Bikes Marks) are trademarks and/or the property of Cooper Bikes or Cooper Bikes Affiliates. Any list of Cooper Bikes (or other) trademarks on this site is periodically updated but shall not be taken as an all-inclusive list of Cooper Bikes (or other) trademarks.

Any use of Cooper Bikes marks or permutations thereof (except as expressly authorised by Cooper Bikes in writing) is strictly prohibited.

Other product and company names mentioned in this site may be the trademarks of their respective owners.

16. Returns Policy

We know that you will be pleased with your purchase from Cooper Bikes. However, there may be occasions when you will need to return items to us. Please ensure you read and understand the terms above before putting in a returns request.

To return any item purchased from Cooper Bikes please inform us of the problem immediately either by emailing service@cooperbikes.com or calling 020 722 23098. All returns must be pre-approved by a Cooper Bikes representative. We will arrange for a courier to collect the goods from you as soon as possible. Please ensure the goods are in the original packaging and enclose a copy of your invoice. Collection will be within normal working hours Monday to Friday.

It is your responsibility to ensure that the item is returned to us in a safe and secure manner, and in the event of a refund or exchange, in saleable condition (in original packaging and including all warranty cards, manuals and accessories). We will check the item as soon as it arrives and you will receive a refund to your original payment method. Refunds can take upto 30 days.