Terms & Conditions
By placing an order with BATRIBIKE®, you are accepting our terms and conditions. Your existing statutory rights are not affected by these conditions.
Please also note the shipping exceptions listed at the foot of this page.
BATRIBIKE Terms & Conditions
The "Company" referred to herein is Fallowgate Limited—Exclusive suppliers of BATRIBIKE Electric Bicycles.
STANDARD CONDITIONS OF SALE
A. GENERAL
Unless otherwise expressly agreed in writing all Goods the subject of this contract ("the Goods") are sold subject to the following conditions to the exclusion of any conditions of the Purchaser and no agent or representative of the Company has any authority to vary or omit these conditions or any of them unless the same is accepted in writing by a Director of the Company.
B. DELIVERY
i The Company will use its reasonable commercial endeavours to deliver at the time stated but delivery dates shall be regarded as approximate only.
ii Failure to deliver at the time stated will not be sufficient cause for cancellation and the Company will not be liable for any losses, costs, damages or expenses consequential or otherwise suffered by the Purchaser.
iii Where delivery is made by instalments, delay in delivering one or more instalments shall not entitle the Purchaser to refuse to accept remaining instalments.
iv The Purchaser shall not refuse to accept delivery of the consignment or instalment on account of any shortage or defect in any other delivery.
v Delivery shall take place when the Goods are delivered to the Purchaser's premises unless the Purchaser has given the Company special instructions as to carriage or delivery in which case delivery shall take place when the Goods are delivered to the order of the Purchaser.
C. TERMS OF PAYMENT
i For stock items, payment shall be made in full at the time of order.
ii For non stock items, payment must be made before the items are dispatched.
iii For pre-order items there will be a non refundable 10% deposit taken at the time of order placement and the remainder will become due prior to dispatch.
D. TITLE & RISK
Risk in Goods shall pass to the Purchaser on delivery and the Purchaser shall insure the Goods for their full value from that time.
E. DAMAGE IN TRANSIT
i When the price quoted includes delivery, and except where the Purchaser has given special instructions as to carriage or delivery and delivery has been made to the order of the Purchaser as mentioned in clause B5, the Company will either repair or replace free of charge Goods damaged in transit or allow credit therefore provided the Purchaser shall give the Company notice in writing of the extent and nature of the damage:
a) where Goods are delivered by the Company within 3 days of the date on which the Goods were delivered; or
b) where the Goods are delivered by outside carriers within such time as will enable the Company to comply with such carriers conditions or carriage for the notification of such claims.
ii In the absence of such notification the Purchaser shall be deemed to have accepted the Goods.
F. SHORTAGES, INCOMPLETE ORDERS, DAMAGED GOODS AND NON-DELIVERY
i No claims for shortages incomplete orders or Goods differing in quantity or description from the particulars specified on the delivery note shall be made unless the Company is notified in writing within 7 days of receipt of the Goods and in the absence of such notification the Purchaser shall be deemed to have accepted the Goods.
ii No claims for non-delivery shall be made unless the Company is notified in writing within 14 days of receipt of invoice.
iii No claims for damaged Goods shall be made unless the Company is notified in writing within 3 days of receipt of the Goods and in the absence of such notification the Purchaser shall be deemed to have accepted the Goods.
G. RETURN OF GOODS
i The Company shall not accept returned goods unless returned in stock condition and the Company reserves the right outside of 7 days of purchase at its sole discretion whether to rectify the Goods or issue a refund in respect thereof.
ii Except as may otherwise be provided in these Standard Conditions or as may be agreed in writing by the Company and the Purchaser, outside of 7 days of purchase the risk and cost of carriage and insurance in respect of all Goods returned by the Purchaser to the Company for service or credit shall be borne by the Purchaser.
iii Outside of 7 days of purchase a handling or re-stocking charge may be deducted from any credit allowed by the Company where it is established that the reason for the return of Goods was not due to any error or fault on the part of the Company.
H. WARRANTY
i Save as provided in sub-clauses ii, and iii of this clause and in so far as is permitted by statute all warranties, conditions, guarantees or representations, express or implied, statutory or otherwise are hereby excluded and the Company shall not be liable for any loss, damage, expense or injury of any kind whatsoever, consequential or otherwise, arising out of or due to or caused by any defects of deficiencies of any sort in the Goods supplied by the Company, and whether such defects or deficiencies are caused by the negligence of the Company costs servants or agents or otherwise.
ii The Company agrees to make good by replacement or repair, defects which arise solely from faulty materials or workmanship within a period of 12 months of delivery, (6 months for batteries), provided that the Company is immediately notified in writing of the defect and (if required) the Goods are promptly returned to the Company.
iii This clause shall not deprive a Purchaser dealing as a consumer pursuant to Section 12 of the Unfair Contract Terms Act 1977 of his statutory rights.
iv The warranty given in this clause is subject to the following provisos, namely;
a) that the Purchaser shall have followed all instructions issued by the Company in relation to the Goods;
b) that in the case of defects that would have been reasonably apparent to the Purchaser on reasonable examination of the Goods on delivery, the Purchaser shall notify the Company of the defects in writing within 14 working days of delivery;
c) that in the case of any other defects, the Purchaser shall notify the Company of the defects in writing within 7 working days of the date when the defect becomes apparent.
v Where it has been agreed in writing that the price for the Goods be reduced in consideration of the Purchaser undertaking maintenance and repair of the Goods at its own cost, the warranty in this clause shall be excluded from the contract save that the Company shall be responsible for supplying free of charge such parts and other accessories as it shall in its absolute discretion think fit.
I. LIMITATION OF LIABILITY
The amount of any damages recoverable by the Purchaser from the Company for breach of contract or negligence shall be limited to the invoice price of the Goods.
J. DESCRIPTIVE MATTER AND ILLUSTRATIONS
All descriptions and illustrations and particulars of weights and dimensions issued by the Company in catalogues, price lists, advertising matter and forwarding specifications are by way of general descriptions and approximate only, and shall not form part of any contract or give rise to any liability on the part of the Company.
K. DESIGN VARIATION
It is the policy of the Company to endeavour to develop and improve its products, and accordingly the Company reserves the right to change all specifications (including but not limited to variations in colour) without prior notification or public announcement pursuant to such policy. Provided that nothing in this clause shall oblige the Purchaser to accept Goods which do not reasonably comply with the contract.
L. INABILITY TO SUPPLY
i Without prejudice to any other condition hereof should the manufacture, supply or despatch of the whole or any part of the Goods contracted for be interrupted, prevented or hindered by any cause or causes whatsoever beyond the Company's confidence the Company shall be entitled to postpone or suspend any delivery or deliveries under the contract until (in the Company's judgement) any such cause has ceased to operate. The Company shall be under no liability whatsoever in respect of such postponement or suspension.
ii If delivery is delayed for more than 3 months the Company has the option (without incurring any liability for loss or damage arising there from) of cancelling the contract and refunding any payment made by the Purchaser.
iii Without limiting the generality of the cause or causes referred to above the same shall include war, fire, accident, breakdown of plant or machinery, industrial action, disputes (including strikes and lockouts) unavailability of and restrictions on supplies, non-delivery or delay in delivery of any materials or any other circumstances (of whatsoever nature and not limited to the foregoing) which directly or indirectly interrupt or hinder the due performance of the contract.
M. GOVERNING LAW
The contract shall be governed by and construed in accordance with English Law and the parties hereto submit to the non-exclusive jurisdiction of the English Courts.
Shipping Fees - Exceptions
Shipping fees quoted apply only to UK mainland addresses excluding Highlands and Islands postcodes listed below. An additional charge will be made for deliveries to addresses in these areas. Please contact us for full details prior to ordering.
- Highlands & Islands are defined as those UK address with a postcode in the following range: PO30-41, BT, IM, TR21-25, IV, KW, ZE, HS, KA27-28, PH19-44, PH49-50, PA20-88.