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General

Tri Harder and www.triharder.co.uk are operated by Tri Harder UK Ltd ("Tri Harder" or "us"). Tri Harder UK Ltd is registered in England and Wales under company number 11559906, VAT number 170 9347 96 and its registered office is at Unit 6, Astra Court, Greens Road, Dereham, United Kingdom, NR20 3TR. Tri Harder UK Limited trading name is Tri Harder, and we sell and supply bicycles and bicycle equipment, clothing and accessories, triathlon equipment and accessories in the course of our trade and business. Tri Harder can be contacted in writing at the address above, by telephone +44 1362690069 or by e-mail, [email protected]

 

The buyer ("you") shall mean any person, sole trader, partnership, business, body corporate or other entity detailed in the appropriate section of the sales invoice/order form and shall include all successors, heirs and assigns. Where a person deals entirely as a consumer, their legal rights shall remain unaffected. Any reference to you within these terms and conditions shall be as a consumer buyer unless specified as being a reference to a trade buyer.

 

The "Goods" shall mean the items detailed in the appropriate section of the sales/order form and it shall be a core term of the contract between you and us that any and all ancillary items are additional to such contract unless specifically detailed within the sales invoice/order form.

 

The "Price" shall mean the amount payable to Tri Harder for the Goods plus VAT (at the rate applicable from time to time), and the amount paid to the delivery service provider for the supply of delivery services unless otherwise stated. You should note that prices quoted may vary during the currency of brochures (upwards or downwards) and current prices are quoted at the time of order. In respect of orders placed via the Internet, these shall not be accepted by us until confirmed in writing by us to you.

 

These terms and conditions shall apply to all of our quotations, orders (including telephone orders) and contracts for the sale or supply of Goods by Tri Harder. In respect of any sales of Goods to trade buyers, any other terms or representations, whether implied by statute, made prior to, collateral with or subsequent to the contract or order, are hereby excluded and shall not be binding upon us.

 

We reserve the right to amend technical or clerical errors in any order without notice. In addition, you shall ensure that all details contained within the order are correct and we shall not accept any liability for any error or inaccuracy in any order.

 

The Contract

After placing an order, you will receive an email from us that acknowledges our receipt of your order for the Goods, and the delivery services you have requested from the delivery service provider (the “Order Acknowledgement”). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to Tri Harder to buy Goods. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms all of the relevant details of your order and sets out the expected dispatch and delivery dates for the Goods (the "Order Confirmation"). The contract between you and Tri Harder will only be formed when we send you the Order Confirmation.

 

The contract will relate only to those Goods whose dispatch (by the delivery service provider) we have confirmed in the Order Confirmation. We will not be obliged to supply any other Goods which may have been part of your order until the dispatch of such Goods has been confirmed in a separate Order Confirmation.

 

How to cancel/return Goods

You may cancel your order for all Goods at any time up to the end of the 14th day from the date you receive the ordered Goods. 

In order to return your unwanted Goods you should either i) bring your Goods and proof of purchase back to the Tri Harder store, or ii) follow our returns and cancellation procedure as detailed on the return’s form that is included with your order, before the end of the 14th day from the date you receive the ordered Goods (or before the end of the 14th day from the date you receive the gift card or e-voucher).

 

Unless the Goods being returned are faulty, they must be returned in a saleable condition. All bikes and accessories must be treated with respect until you are certain you are keeping them. Tri Harder shall be entitled to refuse a return in the event that the Goods are returned in an unsaleable condition.

 

If you have received the Goods before you cancel your order then you must send the Goods back to us at your own cost and risk. If you cancel your order but we have already processed the Goods for delivery, you must not unpack the Goods when they are received by you and you must send the Goods back to us at your own cost and risk as soon as possible.

 

Once you have notified us that you are returning the Goods, any sum debited to Tri Harder from your debit or credit card will be re-credited to your account as soon as possible, and in any event within 14 days of your return/cancellation request PROVIDED THAT the Goods in question are returned by you, and received by us, in the condition they were in when delivered to you. Please note we are permitted by law to reduce your refund to reflect any reduction in the value of the Goods as a result of your handling of the Goods.

 

You are responsible for the cost of returning any non-faulty Goods to Tri Harder. If you do not return the Goods delivered to you by the delivery service provider or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the Goods from the amount to be re-credited to you.

 

Similarly, any amounts debited from your debit or credit card in respect of delivery charges payable to the third party delivery contractors shall be re-credited to your account as soon as possible by the relevant delivery contractor or by us on their behalf. Although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a product within 3-5 days 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.

 

You have a legal obligation to take reasonable care of the Goods while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

For all complaints please contact the Tri Harder office using the contact details found on our contacts page.

 

What happens if your Goods are faulty?

Please contact us on 01362 690069 to discuss and we will aim to resolve the issue as quickly as possible. Tri Harder will work with you to ensure that you receive a resolution that is in compliance with your consumer rights.

Under the Consumer Rights Act you have an early right to reject goods that are unsatisfactory quality, unfit for purpose or not as described, and get a full refund.

But this right is limited to 30 days from the date you took ownership of the goods (this could be the date of purchase or the date the goods were delivered to you - whichever is later). 

After the initial 30 days, you can't demand a full refund in the first instance, but you still have the right to a repair or replacement

Please note that in the event of a damaged or defective product claim, you shall be required to return such Goods to us for inspection and report (without any obligation on us to replace the said Goods prior to such inspection) and you confirm that it shall be reasonable for us to inspect such defective Goods and allow manufacturers to undertake inspections so as to allow production methods to be modified. You further accept that it is reasonable to inform us of any damage, defect or other failure prior to contacting independent third parties or incurring expense and to allow us to remedy the damage, defect or failure.

 

Cancellation by Tri Harder

We reserve the right to cancel the contract between us if: • We have insufficient stock to deliver the Goods you have ordered;
• The delivery service provider does not deliver to your area;
• One or more of the Goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers; or
• We have reason to suspect that there is a risk of a fraudulent transaction. 
If we do cancel your contract, we will notify you by email and will re-credit to your account any sum deducted by us (in respect of Goods provided by us, and delivery services provided by the delivery service provider (unless amounts in respect of delivery are refunded directly by the delivery service provider)), from your debit or credit card as soon as possible but in any event within 14 days of the date of cancellation. We will not be obliged to offer any additional compensation for disappointment suffered.

 

 

Guarantees

All guarantees in respect of Goods are provided entirely by the manufacturers/UK importers and are subject to terms contained therein. You are reminded to complete all warranty cards/documents upon receipt of the Goods where appropriate.

 

Title

Title to the Goods shall pass to you when the Goods ordered are collected on your behalf by the delivery service provider and leave our warehouse. In the event that sums owing in respect of other Goods ordered within a single order remain due, we shall apportion the sums owing for such Goods without prejudice to our right to retain title in respect of all Goods ordered.

 

Delivery

Delivery is free on all orders over £50 and £3.99 for orders less than £50 unless otherwise stated. 

For orders placed by and delivered to customers’ resident outside of the UK, we will offer delivery rates on request.

 

Once Goods have been delivered to you or your agent, they will be held at your own risk and we will not be liable for their loss or destruction.

 

We will use our reasonable endeavours to deliver the Goods or services within the times indicated. However, where delivery times and dates are given, they are for general guidance only and we will not be held liable for late delivery of Goods caused by circumstances beyond our reasonable control.

 

All orders are shipped from the UK and, therefore, deliveries made to countries outside the UK may be subject to customs, legal, regulatory and certain practical restrictions. It is your responsibility to pay any additional taxes, fees or levies, import duty or other fees required by the local customs authority in order to release the Goods to you. Please ensure that you enter the correct international delivery address and postcode. If the address is entered incorrectly or if customs duties or formal customs entry procedures are required, the delivery may be delayed. We are unable to offer you any assistance if either issue arises. Customs policies vary widely from country to country, therefore you are advised to check the local requirements in your country when placing an order.

 

If you fail or refuse to pay these charges, what happens to the goods is out of our control. In the event that the goods are returned without any charge to us we will refund the whole purchase price to you. In the event that the goods are returned to us but a delivery charge is levied on us, we will refund you the purchase price less the charge levied on us to return the goods. It is possible that the goods will not be returned to us, in which case no refund of the purchase price will be given to you. In any event, goods that are returned due to you refusing or failing to pay any of the charges outlined in this paragraph will not be entitled to a refund of the delivery charge.

 

Liability

If the Goods we deliver are not what you ordered or are damaged or defective, please contact our Customer Service team as soon as possible on 01362690069 so that we can resolve the issue. All such issues are dealt with on a case by case basis.

 

You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase Goods from our site. We make no representation and accept no liability in respect of the export or import of the Goods you purchase.

 

Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify us of under these terms and conditions and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the Goods.

 

Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence or as a result of fraud by Evans Cycles or any of its employees or agents. These disclaimers and exclusions shall be governed by and construed in accordance with English Law. If any provisions of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

 

Password / Account Security

You are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account. It is important that you keep your personal details and password confidential and secure. If you have any reason to suspect that your password has become known by someone else, has been or is likely to be used without your authorisation, you should change your password or contact us immediately. Evans Cycles shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.

 

 

Installation and Use of Goods

Any advice given by our agents or servants during telephone/Internet orders is based entirely upon information provided by you. Where advice is given after visual inspection by our agents or servants, such advice shall amount to an opinion only and we shall not accept liability for any inaccuracies therein. Goods supplied are supplied only to correspond to the purpose for which Goods of that kind are commonly supplied and not for any alternative uses to which they may be put. We shall accept no liability for any failure of Goods due to any such alternative use, amendment or modification.

 

You confirm that you shall comply with any and all rules relating to installation of the Goods and fully accept that we shall not be liable for any loss which results from forced, misdirected, inappropriate or unqualified installation of any Goods or not adequately maintained the Goods. Furthermore, we shall accept no liability for death or personal injury, unless caused directly by our own negligence.

 

Any Goods, or parts of them, that are modified or adapted by you or any third party shall no longer be warranted by the manufacturer nor shall we be liable for any failures resulting from any such modification or adaptation.

 

Competition Goods

Any Goods specified as and supplied as 'Competition Goods' are supplied for specialist use and are subject to extreme wear and stress whilst in use. The life expectancy and durability of such Goods are greatly reduced and you should note that any claim for failure or wear shall be limited to that of the manufacturers' guarantees. You agree that such use shall be a relevant circumstance for the purposes of the Sale of Goods Act 1979 (as amended) and the Consumer Rights Act 2015. In addition, any parts connected to Competition Goods may be placed under stress and you should take advice from experts prior to purchase of such parts. You should also be aware that manufacturers may limit their guarantees when parts are installed for competition use.

 

Payment Terms

Please note that all website payments are held pending at the time of order, regardless of stock.  The payment is captured at the time of confirmation of the order. The total price paid represents an amount to us for the supply of Goods, and an amount collected by us on behalf of the delivery service provider for the supply of delivery services.

 

Quotations are given on the assumption that no variation in the price will be made by the manufacturer/sole importer and that Government levies remain unaltered. In the event of such changes, the price of any orders placed before the variation will remain the same and no further increases will be passed to you.

 

Events Beyond our Control

We shall accept no liability in respect of any failure to deliver Goods you have ordered or any delay in doing so that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident, acts of God, war or actions by third parties.

 

Third Party Rights

Notwithstanding any other provisions of these terms and conditions, nothing in these terms and conditions shall confer, nor is it intended to confer, a benefit on any third party (for the purposes of the Contract (Rights of Third Parties) Act 1999 or for any other purpose).

 

Jurisdiction

These terms and conditions shall be governed by and interpreted in accordance with English Law and industry custom and practice, and the English courts shall have exclusive jurisdiction in respect of any claims or disputes (whether contractual or non-contractual) arising therefrom. Evans Cycles agrees that this jurisdiction clause shall not apply to the exclusion of any mandatory consumer rights afforded to customers by the laws of their country of residence.

 

Entire Agreement

45. These terms and conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the Goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any Goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

 

Alternative Dispute Resolution

Tri Harder will always try to resolve complaints as quickly as possible. However, if we’ve not resolved your complaint to your satisfaction, you can refer the issue to the independent “Alternative Dispute Resolution” (“ADR”) service provided by The Retail Ombudsman (see the Ombudsman’s website here). Provided your complaint is in their remit, they will investigate your complaint free of charge.

 

If you have purchased your goods online, you also have the right to pursue Online Dispute Resolution (“ODR”) through the ODR Platform, accessible via the following url: www.ec.europa.eu/odr.

  

Changes to these terms and conditions

We may revise these terms and conditions at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in these terms and conditions may also be superseded by provisions or notices published elsewhere on our site.

 

Privacy Policy

We value your privacy and therefore do not disclose information to third parties without your express permission. Cookies are used on this shopping site only to keep track of the contents of your shopping cart once you have selected an item, and to store delivery addresses when you register. You may refuse to accept cookies by activating the setting on your browser, however, by selecting this setting you may be unable to access certain parts of our site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you visit our site. 

 

Accuracy

All orders you place on Tri Harder.co.uk will be subject to our acceptance in accordance with these terms and conditions.

 

Please note the price you pay for Goods supplied by Tri Harder, and the delivery service provided by the delivery service provider, is the price displayed on this website at the time we receive your order. Whilst we try and ensure all prices are accurate, errors may occur. Should we discover an error in the price of Goods you have ordered we will inform you as soon as possible. At this time, we will give you the option of reconfirming your order at the correct price, or cancelling it and receiving a full refund of any monies paid in relation to those Goods. If we are unable to contact you, we will treat the order as cancelled.

All specifications are advised by the manufacturer, however these can be subject to change by the manufacturer at any time, without prior warning.

 

Acceptable Use Policy

This acceptable use policy sets out the terms between you and us under which you may access www.triharder.co.uk (hereinafter the “Website”). This acceptable use policy applies to all users of, and visitors to, our Websites.

 

Your use of our Websites means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our Terms and Conditions and the Privacy and Cookie policies.

 

Prohibited uses

The Website may only be used by you for lawful purposes and may not, in any way or event, be used:

 

1. In any way that is unlawful (under local, national or international law) or fraudulent, or has any unlawful or fraudulent purpose or effect;

 

2. For the purpose of harming or attempting to harm minors in any way;

 

3. To send, knowingly receive, upload, download, use or re-use any material which does not lawfully belong to you;

 

4. To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);

 

5. To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of the Websites, or any computer software or hardware.

 

You also agree:
 

1. Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms and conditions;

 

2. Not to access without authority, interfere with, damage or disrupt:
 

  • • any part of our site;
  • • any equipment or network on which our site is stored;
  • • any software used in the provision of our site; or
  • • any equipment or network or software owned or used by any third party.

 

Interactive Services

We may from time to time provide on the Websites interactive services, including, but not limited to product reviews and customer feedback. Any interactive service will be provided with information as to the kind of service offered, if it is moderated and what form of moderation is in use (including whether it is human or technical).

 

When contributing to the Website through an interactive service you must ensure that your contributions must:
 

1. Be accurate (where they state facts);

2. Be genuinely held (where they state opinions);

 

3. Comply with all applicable law in the UK and in any country from which they are posted.

 

Contributions by you to the Website must not:

 

1. Contain any material which is defamatory of any person;

 

2. Contain any material which is obscene, offensive, hateful, or inflammatory;

3. Contain any sexually explicit material;

4. Contain, condone or promote violence;

5. Contain, condone or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

6. Infringe any copyright, database right or trade mark of any other person;

7. Be likely to deceive or defraud any person;

 

8. Contain, condone or promote any illegal activity;

 

9. Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;

 

10. Be likely to harass, upset, embarrass, alarm or annoy any other person;

11. Be used to impersonate any person, or to misrepresent your identity or affiliation with any person;

 

12. Give the impression that they emanate from us or any of our partners, if this is not the case.

 

Copyright

Any material you upload to the Website will be considered non-confidential and non-proprietary, and in uploading such material you grant us the have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy.

 

Suspension and termination

We will determine, at our discretion, whether there has been a breach of this acceptable use policy through your use of the Website. When a breach of this policy has occurred, we may take such action as we deem appropriate.

 

Failure to comply with this acceptable use policy constitutes a material breach of the terms and conditions upon which you are permitted to use the Website, and may result in our taking all or any of the following actions:
 

1. Issue of a warning to you;

 

2. Immediate, temporary or permanent withdrawal of your right to use the Website;

 

3. Immediate, temporary or permanent removal of any posting or material uploaded by you to our Website;

 

4. Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

 

5. Further legal action against you;

 

6. Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

 

The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

 

Changes to the privacy and acceptable use policies

We may revise our privacy policy and/or acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in the privacy policy or acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.