Terms and Conditions of Supply
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in section 8 . Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated in July 2016.
1. INFORMATION ABOUT US
1.1 We operate the website www.enigmabikes.com. We are Enigma Titanium Ltd, a company registered in England and Wales under company number 05933383 and with our registered office at 30-34 North Street, Hailsham, East Sussex, BN27 1DW. Our main trading address is Unit 13 Apex Park, Diplocks Way, Hailsham, East Sussex, BN27 3JU. Our VAT number is GB886004516.
2. CONTACTING US:
2.1 If you wish to contact us for any reason, including because you have any complaints, you can contact us by telephoning our customer service team at 01323 845849 or by emailing us at email@example.com.
2.2 If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide to us in your order.
3. OUR PRODUCTS
3.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
3.2 Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site have a 5% tolerance.
4. USE OF OUR SITE
Your use of our site is governed by our Terms of Website Use . Please take the time to read these, as they include important terms which apply to you.
5. HOW WE USE YOUR PERSONAL INFORMATION
6. CONSUMER INFORMATION
6.1 You may only purchase Products from our site if you are at least 18 years old.
7. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
7.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
7.2 After you place an order, you will receive an email from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in section 7.3.
7.3 We will confirm our acceptance to you by sending you:
7.3.1 for any Product we make to your specification (including custom fit frames and custom hand built wheels), an email that confirms that we have started making the relevant Product (Order Confirmation); or
7.3.2 for all other Products, an email the Products have been dispatched (Dispatch Confirmation).
7.4 The Contract between us will only be formed when we send you the Order Confirmation or the Dispatch Confirmation, as the context requires.
7.5 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in section 12.5 we will inform you of this by email and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
8. OUR RIGHT TO VARY THESE TERMS
8.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
8.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
8.3 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
9. YOUR RIGHT OF RETURN AND REFUND
9.1 You have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in section 9.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund.
9.2 However, this cancellation right does not apply in the case of any Product we make to your specification or which is clearly personalised, including but not limited to, custom fit frames, custom paint finishes and custom hand built wheels.
9.3 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation and ends 14 days after the day on which you receive the Product(s).
9.4 To cancel a Contract, you need to let us know that you have decided to cancel by a clear written statement, which may be sent by email to us at firstname.lastname@example.org or by post to Unit 13 Apex Park, Diplocks Way, Hailsham, East Sussex, BN27 3JU, or by completing and returning the Cancellation Form. If you are emailing us or writing to us please include details of your order to help us to identify it. Your cancellation is effective from the date you send us the email, post the letter, or return the Cancellation Form to us.
9.5 If you cancel your Contract we will:
9.5.1 refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the Products, if this has been caused by your handling in a way which would not be permitted in a shop.
9.5.2 refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer.
9.5.3 make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(a) if you have received the Product and we have not offered to collect it from you: 14 days after 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 section 9.8; or
(b) if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
9.6 If you have returned the Products to us because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
9.7 We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Product we may refund you in vouchers.
9.8 If a Product has been delivered to you before you decide to cancel your Contract:
9.8.1 then you must return it to us within 14 days after the day on which you let us know that you wish to cancel the Contract. You can either send it back, or hand it to our authorised carrier. If we have offered to collect the Product from you, we will collect the Products from the address to which they were delivered. We will contact you to arrange a suitable time for collection;
9.8.2 unless the Product is faulty or not as described, you will be responsible for the cost of returning the Products to us. If the Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery. If we have offered to collect the Product from you, we will charge you the direct cost to us of collection.
9.9 As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this section 9 or anything else in these Terms.
10.1 We will contact you with an estimated delivery date, which will be within 6 months of the Order Confirmation for any Product we make to your specification or within 30 days after the date of the Dispatch Confirmation for all other Products, as the context requires. Occasionally our delivery to you may be affected by an Event Outside Our Control. See section 16 for our responsibilities when this happens.
10.2 If no one is available at your address to take delivery, we or our authorised carrier will leave you a note that the Products have been returned to our premises or the authorised carrier’s depot, in which case, please use the contact details on the note to rearrange delivery.
10.3 Delivery of an Order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.
10.4 You own the Products once we have received payment in full, including all applicable delivery charges.
10.5 If we miss the applicable delivery deadline as provided for in section 10.1 for any Products then you may cancel your Order straight away if any of the following apply:
10.5.1 we have refused to deliver the Products;
10.5.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
10.5.3 you told us before we accepted your order that delivery within the delivery deadline was essential.
10.6 If you do not wish to cancel your order straight away, or do not have the right to do so under section 10.5, 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.
10.7 If you do choose to cancel your Order for late delivery under section 10.5 or section 10.6, 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 or allow us to collect them, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Products and their delivery.
11. INTERNATIONAL DELIVERY
11.1 If you order Products from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
11.2 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
11.3 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
12. PRICE OF PRODUCTS AND DELIVERY CHARGES
12.1 The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see section 12.5 for what happens if we discover an error in the price of Product(s) you ordered.
12.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
12.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Product(s) in full before the change in VAT takes effect.
12.4 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.
12.5 Our site contains a large number of Products. It is always possible that, despite our best efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you in writing to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
13. HOW TO PAY
13.1 You can pay for Products using a debit card or credit card. We accept the following cards: Visa, Mastercard, Solo and Maestro. You can also pay (or part-pay) for Products using a valid Enigma Gift Card.
13.2 Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order.
14. PRODUCT WARRANTY
14.1 We are under a legal duty to supply products that are in conformity with the Contract.
14.2 Dependent on the type of Product you purchase, we provide one or more of the following warranties, subject to section 18.2, to you, the original purchaser:
14.2.1 for titanium road bicycle frames, a warranty that on delivery and for a period of 10 years from delivery, the titanium frame shall be free from material defects, but the warranty period for any carbon content of such frames is limited to 5 years;
14.2.2 for steel road bicycle frames (excluding stainless steel), a warranty that on delivery and for a period of 10 years from delivery, the steel frame shall be free from material defects, but the warranty period for any carbon content of such frames is limited to 5 years;
14.2.3 for stainless steel road bicycle frames, a warranty that on delivery and for a period of 5 years from delivery, the stainless steel frame shall be free from material defects;
14.2.4 for all “off road” bicycle frames (including mountain bike, cyclocross and gravel models), a warranty that on delivery and for a period of 3 years from delivery, the frame shall be free from material defects;
14.2.5 for all modified frames (including groupset conversions, internal cable routing and other adaptations), a warranty that on delivery of the modified frame and for a period of 3 years from delivery, the modified frame shall be free from material defects;
14.2.6 for other Products we manufacture, a warranty that on delivery and for a period of 12 months from delivery, the Products shall be free from material defects; and/or
14.2.7 for Product finishes which we have applied to bicycle frames (including paint and decals), a warranty that on delivery and for a period of 12 months from delivery, the Product finishes shall be free from material defects.
All the above warranties are subject to the exclusions described in section 14.3 and the conditions in section 14.4.
14.3 You may not make a claim under a warranty in relation to any defect in a Products arising from: (a) fair wear and tear or any damage arising out of normal use of the Product; (b) wilful damage, neglect, abnormal storage or working conditions, accident, negligence by you or by any third party; (c) corrosion or damage caused by corrosion; (d) lack of maintenance or failure to comply with section 14.7; (e) if you fail to operate or use the Product in accordance with the user instructions; (f) any alteration or repair by you or by a third party who is not one of our authorised repairers; (g) any specification provided by you; or (h)damage arising from extreme use including but not limited to stunt riding, jumping or any similar activity.
14.4 If you wish to make a warranty claim, you:
14.4.1 must provide evidence that: (a) you have made your purchase directly from us or a third party dealer or distributor approved by us; and (b) you have successfully completed the warranty registration card that was accompanied with the frame;
14.4.2 shall be responsible for any labour costs incurred under the warranty and the costs of delivering and collecting the frame to and from our premises;
14.4.3 must keep the service book up-to-date, accurate and complete, otherwise the warranty may be deemed void; and
14.4.4 can contact your nearest Enigma authorised dealer, or alternatively, contact us directly, either in writing at our trading address under section 1.1, or by telephoning or emailing our customer services team under section 2.1.
14.5 We do not offer any cash alternative to a warranty given in section 14.2, and our liability under a warranty under section 14.2 is expressly limited to the repair or replacement of the defective Product manufactured by us.
14.6 We source high quality tubing for use in all our bicycle frames. However, no tubing will last forever. Varying levels of use will affect the lifespan of tubing. In every case, we will make a fair assessment of the overall level of wear of the affected frame based on the expert knowledge of our workshop team. Following this fair assessment, we will advise you if the warranty in section 14.2.1 applies and, if not, of any charges we will make for a repair (before undertaking that repair).
14.7 All our framesets should be periodically checked by us or one of our authorised dealers for indications of potential failures including cracks, corrosion, dents, deformation, paint peeling and any other indications of potential problems, inappropriate use or abuse. These are important safety checks and very important to help prevent accidents, bodily injury to the rider and shortened useful product life cycle of a frameset.
14.8 For those Products, parts and components not manufactured by us that come with a manufacturer’s guarantee, please refer to the manufacturer’s guarantee provided with the relevant Products.
14.9 For any damage or failure not covered by a warranty in section 14.2, we offer, subject to section 18.2, to you, the original purchaser, a loyalty scheme for the “lifetime” of those bicycle frames and/or forks purchased at full price (Lifetime Loyalty Scheme). Under the Lifetime Loyalty Scheme we will, provided you return the damaged or failed item to us, sell you:
14.9.1 a replacement bicycle frame and/or fork to the same specification as the damaged or failed frame and/or fork for an amount equal to 60% of the current listed retail price for that frame and/or fork; or
14.9.2 if we no longer manufacture that frame and/or fork, the nearest equivalent bicycle frame and/or fork for an amount equal to 60% of the current listed retail price for that nearest equivalent frame and/or fork.
14.10 All purchase prices under the Lifetime Loyalty Scheme exclude:
14.10.1 damage to paint finishes on bicycle frames and/or forks;
14.10.2 costs for replacement of ancillary parts;
14.10.3 delivery costs, import duties and taxes;
14.10.4 labour and any other costs incurred in relation to the replacement; and
14.10.5 any VAT payable in respect of the supply of the goods and services listed in this section 14.10.
We will charge you for these costs in addition to the purchase price you pay under Lifetime Loyalty Scheme.
14.11 You are only entitled to one replacement frame and/or forks under the Lifetime Loyalty Scheme, and the Lifetime Loyalty Scheme shall not apply to a replacement frame and/or forks provided under it. In other words, once you have made a claim, the Lifetime Loyalty Scheme shall expire.
14.12 To be clear, sale and discounted bicycle frames and/or forks are excluded from the Lifetime Loyalty Scheme.
14.13 If you wish to make a claim under the Lifetime Loyalty Scheme in section 14.9, you can contact us directly, either in writing at our trading address under section 1.1 providing details of your claim, or by telephoning or emailing our customer services team under section 2.1.
14.14 This section 14 is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described.
Please download a copy of our WARRANTY AND LIFETIME LOYALTY SCHEME
15. OUR LIABILITY TO YOU
15.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
15.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15.3 We do not in any way exclude or limit our liability for:
15.3.1 death or personal injury caused by our negligence;
15.3.2 fraud or fraudulent misrepresentation;
15.3.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
15.3.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
15.3.5 defective products under the Consumer Protection Act 1987.
16. EVENTS OUTSIDE OUR CONTROL
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control.
16.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
16.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
16.3.1 we will contact you as soon as reasonably possible to notify you; and
16.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
16.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 90 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
17. COMMUNICATIONS BETWEEN US
17.1 When we refer, in these Terms, to “in writing”, this will include email.
17.2 You may contact us as described in section 2.1.
18. OTHER IMPORTANT TERMS
18.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing if this happens.
18.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you have purchased a Product as a gift, you may transfer the benefit of our warranty in section 14 (including the Lifetime Loyalty Scheme) to the recipient of the gift by writing to us within one month of purchase providing the name and address of the recipient of the gift.
18.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
18.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
18.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
18.6 These Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. 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. The European Commission provides for an online dispute resolution platform, which you can access here: http://ec.europa.eu/consumers/odr/. If you would like to bring a matter to our attention, please contact us at
Enigma Titanium Ltd
3 November 2016