GENERAL TERMS AND CONDITIONS
Definitions
Consumer – A person who purchases good and services for personal use. The customer. You. First purchaser. Name on invoice. The user/rider.
Seller – Midlands MTB Limited (also referred below as Midlands MTB). Us. We. Our(s).
Our contract with consumers is covered by the Consumer Rights Act 2015 (the Act) and The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. These do not cover business to business sales including bikes supplied under the Cycle to Work Scheme. Goods purchased with finance are subject to the agreement with the finance provider.
We are under a legal duty to supply goods in conformity with the agreement between us however we make no representations that goods are fit for any purpose other than that for which such goods are normally supplied. If you wish us to confirm that goods supplied are fit for any other purpose then you must expressly or by implication make this requirement known to us and request that confirmation in writing prior to the sales contract. This does not apply if the circumstances show that you do not rely, or it is unreasonable for you to rely, on our skill or judgement.
Please be aware that new e-bikes and bikes are subject to bedding in period, where things may not sound as expected, this is normal. All bikes purchased from us under Click & Collect include a free 3 month health check. We advise returning the e-bike/bikes at the 3 month period to address any concerns and allow us check the braking systems and drivetrain, and adjust where required. Our health check/service plan does not deter from the owner’s liability to carry out regular cleaning and maintenance of their bike to ensure its lifespan of the bike and all components.
In the event of a request to return under the Act, or otherwise for business sales, you must return the goods to us for inspection to either refund, replace or repair. We do not pay for time or costs incurred in returning items.
Please note that bikes require regular and routine cleaning and maintenance to operate satisfactorily. Returns will not be accepted where it is apparent that satisfactory maintenance has not been carried out or the goods have been subject to misuse or abuse.
There are consumables on an e-bike/bike that subject to wear and tear, misuse, abuse, accidental damage and crashes. These items are excluded from any returns/warranty claims, these include (but not an exhaustive list) brake pads, rotors, chainrings, cassettes, chains, rear mechs, hangers, cables etc. Any damage must be notified immediately upon receipt of delivery as once used we cannot accept as faulty.
All goods received must be immediately inspected upon delivery and any damage or faults must be notified within 24 hours. Please ensure you notify us with photos of the damage and a description via email sales@midlandsmtb.co.uk. The item must be un-used at this time, any items used prior to damage notification within this time period will not be covered. Please also refer to on/off premises contracts, which determine our full policy in line with the Act.
Manufacturers reserve the right to regularly change specifications of their products. Our website will contain the original specifications advised at the time of product launch, and often we aren’t made aware of component changes. These will be notified on the manufacturer’s website directly. At the time of placing your order, you are deemed to have accepted the specification change.
We are happy to accept pre-orders on e-bikes/bikes, which will secure your purchase on delivery with us from the manufacturer. To reserve your e-bike/bike we request an upfront payment of £500.00 (Including VAT) which is representative of time and other associated costs in reserving and administering your order. This is fully deductible from the final payment of your bike on collection, but otherwise, unless we are unable to fulfil the contract, is non-refundable.
Delivery timescales for pre-orders are advisory only and are subject to change by manufacturers and distributors. Time will not be considered for pre-orders, and we may supply at any time during the model year for the bike ordered. In the event of changes in the rate of VAT, duties, supplier's price increases or any other costs or charges we reserve the right to adjust our sales prices accordingly.
To the extent that the law permits, any liability which may be incurred as a result of the use of a product, sold or serviced by us, is limited to the cost of repairing or replacing the failed product or component at our discretion. These are also subject to the stated manufacturer’s warranty periods. Our liability does not extend to any loss or damage to the product, other property or any persons and these are the responsibility of the customer. Damage which may result as a consequence due to neglect, misuse, abuse, damage (accidental or otherwise) are excluded from our liability.
We are not liable for any consequential loss or damage arising from the fact that you are temporarily unable to use your e-bike/bike or other product. By using a product sold or serviced by us, you are stating that you have read this disclaimer and agree to hold us, our owner/s and any of our employees or directors free from all liabilities. That you agree you are using and operating the product at your own risk, and that no warranties or guarantees are made by us, expressed or implied, on performance or operation.
None of our terms affect your statutory rights. In addition to your statutory rights our products may be subject to various manufacturers’ warranties and guarantees. We will assist you in taking advantage of these warranties and guarantees provided the goods are returned to us within the relevant time periods. We do not pay for any associated costs involved in returning or re-delivery.
SALES AND DISCOUNT CODES
Sale prices are subject to stock and cannot be applied retrospectively. They are applicable for UK orders only. We cannot accept Cycle to Work Schemes against sales items (due to commission rates applied from each cycle scheme provider).
Discount codes have set requirements which the shopping basket must fulfil to obtain the expected offer. We reserve the right to disallow discount code stacking to obtain higher discounts. Discount vouchers and promotions cannot be used in conjunction with any other voucher offer. We reserve the right to exclude specific product(s) or collections from a promotional offer. We reserve the right to end promotions at any time.
Discount vouchers and promotions are only redeemable against in-stock items and cannot be used against the purchase of gift vouchers. Please note minimum spend may be required (exclusive of any shipping costs),
ON PREMISES CONTRACTS
All on premises contracts are final. You are encouraged to fully inspect goods prior to completing the contract and before leaving the premises. Once the e-bike/bike/product has left the premises you are deemed to have accepted and inspected the quality/specification/size/damage etc. Only faulty goods will be accepted for return, which is then subject to our warranty repair procedure and not replace/refund.
DISTANCE AND OFF-PREMISES CONTRACTS
Off premises contacts are deemed as telephone, email or online orders, and apply to distance and off-premises B2C contracts. All on premises and B2B sales, including all e-bikes, bikes and products supplied under the Cycle to Work Scheme, are final. Goods purchased with finance are subject to the agreement with the finance provider.
Please note that if you wish to exercise your right to return goods, please ensure all conditions are adhered. All e-bikes, bikes and products MUST be NEW and UNUSED and in the original packaging, and where applicable, all labels intact (this extends to all and any labels applied to e-bikes/bikes/clothing/products), in order to receive a full refund. Any costs associated with the return, packaging or postage costs, are to be paid by the customer and will not be refunded by us.
Items returned and received damaged due to careless packaging or courier damage, will not be refunded. The liability for the return whilst in transit, with your chosen courier, remains your responsibility until received, inspected and accepted by us. Any losses in transit are also the responsibility of the customer until received by us.
Sales of items specially ordered are final and will not be accepted for return, this applies to e-bikes/bikes and products.
- Specially ordered sizes, where stock not held on premises and ordered from distributors specifically to meet your order
- Customised in anyway (including Invisiframe protection), to meet your requirements. This includes changes/upgrades from ‘standard manufacturers specification/OEM’
Other than for defective items we do not accept returns of tools unless they are returned unopened and in their original packaging.
All our deliveries are sent with Royal Mail Tracked 24 or Tracked 48 or TNT Tracked 24. Tracking information will be sent at the time of postage. Any items not received are to be reported in writing within 48 hours of the expected delivery date. We cannot accept any responsibility for items reported lost/missing after this time.
RIGHT TO CANCEL
Under the The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013you have the right to cancel distance and off-premises contracts within 14 days without giving a reason.
The cancellation period will expire 14 days from the date on which you, or a third party (other than the courier) indicated by you, acquires, physical possession of the goods. All costs associated with cancellation are not covered by us. The liability for the goods and condition remains your responsibility until received, inspected and accepted by us. Goods will only be accepted for refund NEW, UNUSED and in the original packaging. Specifically ordered goods are excluded from your right to cancel (refer to condition 21)
To exercise the right to cancel, you must inform us, Midlands MTB Limited Unit F Whitebridge Lane, Stone Staffordshire, ST15 8LQ of your decision to cancel the contract by email (sales@midlandsmtb.co.uk)
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired, by email.
EFFECTS OF CANCELLATION
If you cancel this contract, we will reimburse to you all payments received from you, excluding the costs of delivery.
We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
We will make the reimbursement without undue delay, and not later than:-
- 14 days after the day we receive back from you any goods supplied, or
- if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We will withhold reimbursement until we have received the goods back, and these have been inspected.
You shall return the goods personally or via third party/courier, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from the contract to us. The deadline is met if you send the goods back before the period of 14 days has expired.
You will have to bear the direct cost of returning the goods. The cost of returning the goods within the UK is estimated at a maximum of approximately £100, size/weight dependant, and you will need to check with your chosen courier. We suggest a tracked/signed for service is used.
You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods. Any items upon inspection by us are deemed as used, will not be accepted for refund and returned (at your cost) to you.
WARRANTY POLICY
All bikes and electric bikes (e-bikes) and products sold by us (Midlands MTB Limited), and are chosen for brand reputation and reliability for frames, components and motor systems.
As with any manufacturer some models and parts can incur problems, and ensuring you’ve a reputable warranty in place is key to avoiding issues. Our aim is to resolve these as quickly as possible. All warranties on bikes/e-bikes and components are offered as manufacturer warranties only, Midlands MTB offer no warranty, and any durations/terms will be applied as stated by each manufacturer, which consumers must ensure they are compliant with.
Midlands MTB Limited are an approved E-bike Service Centre for Bosch, Yamaha, Shimano, Fazua, Brose and Mahle. Any bike purchased from us will be covered under the manufacturer’s warranty policy and duration.
WARRANTY SPECIFICS
All bikes/e-bikes include a manufacturer's warranty on the frame (each brand has different warranty coverage so check on purchase), manufacturer's 2 years warranty on the motor system (motor and battery) and a manufacturer's 1 year warranty on components (forks and brakes). All other items on bikes/e-bikes are regarded as consumables, and will only be replaced if defective, and notified within 24 hours, upon receipt of delivery and not covered under any warranty.
All bikes, especially e-bikes, and components require regular, routine cleaning and maintenance to operate satisfactorily. Warranty claims will not be accepted where it is apparent the bike has been subject to unsatisfactory maintenance, misuse, abuse neglect, crash/accidental damage or incorrect use of the bike has been carried out. It is down to consumers to check the stipulations of each manufacturers warranty and ensure their compliant and maintain with any requirements/service intervals to ensure the warranty remains valid.
Please be aware that new bikes/e-bikes are subject to a bedding in period, where things may not sound as expected, this is normal. All bikes/e-bikes purchased from us, under Click & Collect, include a free 3-month health check, which we advise for to address any concerns and allow us check the braking systems and drivetrain, and adjust where required. Our health check plan does not deter from the owner’s liability to carry out regular cleaning and maintenance of their bike to ensure its lifespan of the bike and all components. Not returning your bike for this will not void your warranty, however it may help in us identifying an issue early doors.
WHAT IS NOT CONSIDERED WARRANTY?
The manufacturer's warranties does not cover normal wear and tear, alteration, accident, misuse, improper maintenance or neglect such as corrosion due to storage outdoors or damp conditions or commercial use (e.g. hiring). Consumable items (please refer to item 6 within Terms and Conditions) are not considered warranty items and should be maintained or replaced, in accordance with owner/rider use.
Bikes/e-bikes are warrantied for normal riding, within the activities for which they were designed. However, failures or damage occurring during crashing or activities such as stunt riding, jumping or over loading are not covered under warranty.
Any warranties (unless directly stated otherwise by the manufacturer) will not be transferable, and applies to the first owner/buyer only, regardless of the duration remaining on the warranty. This is set by the manufacturer, not us, so we are unable to honour warranties of second-hand bikes (bought originally from us or elsewhere).
Any work carried out under warranty does not mean the warranty has started from the date of replacement, nor that the warranty period has lengthened. The warranty period starts from the original date of purchase, as shown on your invoice.
Any items returned that are outside the warranty period, stated by the manufacturer. We can be resolve issues where the part is outside of the warranty period but there will be cost associated with this work and we can agree a cost before proceeding.
WARRANTY PROCEDURE
The first thing to do in any scenario, is to make contact with us directly via email at sales@midlandsmtb.co.uk. Please include a copy of your invoice and any details/descriptions or photos of the issue and we can advise of the next steps accordingly, should this be deemed as a warranty issue.
Genuine warranty issues may be returned to us for investigation, repair or replace within our workshop in the first instance, and then returned to the specific manufacturer for final assessment and approval. We will contact you to confirm your warranty has been accepted upon investigation and advise the next steps.
Faults arising from poor/improper use are excluded from this returns policy. If a returned item is found not to have any manufacturing faults after inspection, assessment and/or testing, delivery costs back to customer, will be payable by the customer, payment of these is required to be paid in full before the warranty item is returned. Manufacturers warranty assessments are final.
We do not hold replacement parts for frames, forks, motors, batteries etc, and the manufacturer will send out a replacement. Our aim is to resolve this as soon as possible, but will be subject to delivery periods by each manufacturer.
It is the responsibility of the customer to return the item back to Midlands MTB Limited, for warranty assessment, including any associated costs.
RESOLVING ISSUES REMOTELY
All warranty work is to be carried out/processed at our workshop as the duration the manufacturers warranty is managed by us, however we do understand some customers find it more viable to resolve locally than travel.
Should you prefer to have diagnosed locally we are here to help with manufacturer part replacement/correspondence, but please bear in mind we cannot cover any other shops labour charges and/or any postage/shipping costs.
For standard components, we can often arrange for replacement parts to be sent from the manufacturer to you. Manufacturers may often request the faulty item to be returned prior to sending the replacement. We will advise on each case where this is required.
Some components may need to be returned to the manufacturers for warranty repair within their own specialist service centres (i.e Fox forks/shock suspension), again we can raise the warranty on your behalf and forward correspondence for you to return along with the parts directly.
Manufacturers warranty assessments are final, if these are found to be due to improper rider use, rather than defective, we will be unable to process further your claim - all warranties are manufacturer warranties and not Midlands MTB warranties.