Terms and Conditions General
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These terms tell you the rules for using our websites at:
and any other website operated by us (our websites).
Who we are and how to contact us
We are ITS Cycling Limited a company registered in England and Wales. Our company registration number is 08583700 and our registered office is at Unit 8 Huffwood Trading Estate, Partridge Green, Horsham, England, RH13 8AU. Our registered VAT number is 165 9472 70.
You can contact us by writing to us at support@privateerbikes.com or Unit 8 Huffwood Trading Estate, Partridge Green, Horsham, England, RH13 8AU or via live chat on our website(s).
By using our website(s) you accept these terms
By using our website(s), you confirm that you accept these terms of use and that you agree to comply with them.
If you do not agree to these terms, you must not use our website(s).
There are other terms that may apply to you
The following additional terms also apply to your use of our website(s):
- If you purchase products from our website(s), our terms and conditions for the supply of products, https://www.theriderfirm.cc/pages/our-terms-for-the-supply-of-products will apply to the sales. (Please see section below or visit the link in this paragraph)
- Our Privacy Policy: https://www.theriderfirm.cc/pages/privacy-policy. See further under How we may use your personal information.
- Our Cookie Policy https://www.theriderfirm.cc/pages/cookies, which sets out information about the cookies on our website(s).
We may make changes to these terms
We amend these terms from time to time. Every time you wish to use our website(s), please check these terms to ensure you understand the terms that apply at that time.
We may make changes to our website(s)
We may update and change our website(s) from time to time to reflect changes to our products, our users' needs and our business.
We may suspend or withdraw our website(s)
Our website(s) are made available free of charge.
We do not guarantee that our website(s), or any content on them, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our website(s) for business and/or operational reasons.
You are also responsible for ensuring that all persons who access our website(s) through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms to another organisation. We will tell you if this happens and we will ensure that the transfer will not affect your contractual rights.
You must keep your account details safe
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of any other applicable terms.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at support@theriderfirm.cc or via live chat on our website(s).
How you may use material on our website(s)
We are the owner or the licensee of all intellectual property rights in our website(s), and in the material published on them. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our website(s) for your personal use and you may draw the attention of others to content posted on our website(s).
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our website(s) must always be acknowledged.
You must not use any part of the content on our website(s) for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our website(s) in breach of these terms of use, your right to use our website(s) will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Do not rely on information on this site
Save to the extent that we make it expressly clear otherwise, the content on our website(s) is provided for general information only.
Save to the extent that we make it expressly clear otherwise, the information on our website(s) is not intended to amount to advice on which you should rely and you must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our website(s).
Although we make reasonable efforts to update the information on our website(s), save to the extent that we make it expressly clear otherwise, we make no representations, warranties or guarantees, whether express or implied, that the content on our website(s) is accurate, complete or up to date.
We are not responsible for websites we link to
Where our website(s) contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
Our responsibility for loss or damage suffered by you
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence and for fraud or fraudulent misrepresentation.
In no event will be liable to you for any loss or damage that is not foreseeable.
Please note that, unless we expressly advise you otherwise, we only provide our website(s) for domestic and private use. You agree not to use our website(s) for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
How we may use your personal information
We will only use your personal information as set out in our Privacy Policy: https://www.theriderfirm.cc/pages/privacy-policy.
We are not responsible for viruses and you must not introduce them
We do not guarantee that our website(s) will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our website(s). You should use your own virus protection software.
You must not misuse our website(s) by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website(s), the server on which our website(s) is stored or any server, computer or database connected to our website(s). You must not attack our website(s) via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website(s) will cease immediately.
Prohibited uses
You may use our website(s) only for lawful purposes. You may not use our website(s):
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors or anyone else in any way.
- To bully, insult, intimidate or humiliate any person.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
You also agree not to access without authority, interfere with, damage or disrupt:
- any part of our website(s);
- any equipment or network on which our website(s) are stored;
- any software used in the provision of our website(s); or
- any equipment or network or software owned or used by any third party.
When we consider that a breach of these terms has occurred, we may take such action as we deem appropriate.
Rules about linking to our website(s)
You may link to the home page of our website(s), provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our website(s) in any website that is not owned by you.
Our website(s) must not be framed on any other site, nor may you create a link to any part of our website(s) other than the home page.
We reserve the right to withdraw linking permission without notice.
If you wish to link to or make any use of content on our website(s) other than that set out above, please contact us at support@theriderfirm.cc or via live chat on our website(s).
Which country's laws apply to any disputes?
These terms are governed by English law. You and us can bring legal proceedings in respect of the use of our website(s) in the English courts.
OUR TERMS FOR THE SUPPLY OF PRODUCTS
1. THESE TERMS
1.1 What these terms cover.
These are the terms and conditions on which we supply products (whether these are goods and/or services) to you through our websites at:
These terms tell you the rules for using our websites at:
and any other website that we supply products though from time to time.
1.2 Why you should read them.
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are.
We are ITS Cycling Limited a company registered in England and Wales. Our company registration number is 08583700 and our registered office is at Unit 8 Huffwood Trading Estate, Partridge Green, Horsham, England, RH13 8AU. Our registered VAT number is 165 9472 70.
2.2 We trade under the following names:
You can contact us by writing to us at support@theriderfirm.cc or Unit 8 Huffwood Trading Estate, Partridge Green, Horsham, England, RH13 8AU or via live chat on the website(s).
2.4 How we may contact you.
If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.5 "Writing" includes emails.
When we use the words "writing" or "written" in these terms, this includes emails.
3.1 How we will accept your order.
Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order.
If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number.
We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order
4. OUR PRODUCTS
4.1 Products may vary slightly from their pictures.
The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, because our products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our website have a degree of tolerance.
4.2 Product packaging may vary.
The packaging of the product may vary from that shown in images on our website.
4.3 Making sure your measurements are accurate.
If we are making the product to measurements you have given us or you are ordering the product based on your measurements you are responsible for ensuring that these measurements are correct. You can find information and tips on how to measure on our websites or by contacting us.
5. YOUR RIGHT TO MAKE CHANGES
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8- Your rights to end the contract).
6. OUR RIGHT TO MAKE CHANGES
6.1 Minor changes to the products.We may change the product:
- to reflect changes in relevant laws and regulatory requirements; and
- to implement minor technical adjustments and improvements. These changes will not affect your use of the product.
6.2 Changes to these terms.
We may change these terms from time to time, but if we do so and these changes affect your order you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
7. PROVIDING THE PRODUCTS
7.1 Delivery costs.
The costs of delivery will be as displayed to you on our website.
7.2 When we will provide the products.
During the order process we will let you know when we will provide the products to you. We will provide you with an estimated delivery date when you order the products and may update the estimated delivery date during the order process.
7.3 We are not responsible for delays outside our control.
If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.4 If you are not at home when the product is delivered.
If no one is available at your address to take delivery and the products cannot be posted through your letterbox, the delivery provider should leave you a note informing you of how to rearrange delivery or collect the products from a local depot. Please contact us if you were expecting a delivery and have not heard from us or a delivery provider.
7.5 If you do not re-arrange delivery.
If, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or provide a returns label and/or a courier pick-up we may end the contract and clause 2 will apply.
7.6 When you become responsible for the goods.
A product which is goods will be your responsibility from the time the product is delivered to the address you gave us.
7.7 When you own goods.
You will only own a product which is goods once we have received payment in full for it.
7.8 What will happen if you do not give required information to us.
We may need certain information from you so that we can supply the products to you, for example axle size. If so, this will have been stated in the description of the products on our website. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 2 will apply) [or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result]. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.9 Reasons we may suspend the supply of products to you.
We may have to suspend the supply of a product to:
- deal with technical problems or make minor technical changes;
- update the product to reflect changes in relevant laws and regulatory requirements;
- make changes to the product as requested by you or notified by us to you (see clause 6).
7.10 Your rights if we suspend the supply of products.
We will contact you to tell you if we suspend the supply of a product that you have ordered. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
8. YOUR RIGHTS TO END THE CONTRACT
8.1 You can always end your contract with us.
Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
- If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 11;
- If you want to end the contract because of something we have done or have told you we are going to do, see clause 2;
- If you have just changed your mind about the product, see clause 3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and, unless we agree otherwise at our sole discretion, you will have to pay the costs of return of any goods;
- In all other cases (if we are not at fault and there is no right to change your mind), see clause 6.
8.2 Ending the contract because of something we have done or are going to do.
If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
- you do not agree to a change of terms that affects your order (see clause 6.2);
- we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
- there is a risk that supply of the products may be significantly delayed because of events outside our control;
- we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons; or
- you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013).
For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 Our goodwill guarantee.
Please note, though, that these terms reflect the goodwill guarantee offered by us to our customers for the products listed below, which is more generous than your legal rights under the Consumer Contracts Regulations in the ways set out below. This goodwill guarantee does not affect your legal rights in relation to faulty or misdescribed products (see clause 2):
|
Right under the Consumer Contracts Regulations 2013 |
How our goodwill guarantee is more generous |
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14 day period to change your mind from receipt of the goods. |
60 day period to change your mind from receipt of the goods under our ‘60 Day Ride & Return’ policies, full details of which are set out in the help pages of our websites. Please note that there are some exceptions (for example crash damage).
|
For all goods not listed above, you will have a 14 day period from receipt of the goods to change your mind and receive a refund. For services you have a 14 day period to change your mind from the date you ordered the service, subject to clause 8.5(a) below.
8.5 When you don't have the right to change your mind.
You do not have a right to change your mind in respect of:
- services, once these have been completed, even if the cancellation period is still running; and
- any products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them.
8.6 Ending the contract where we are not at fault and there is no right to change your mind.
Even if we are not at fault and you do not have a right to change your mind (see clause 1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
9.1 Tell us you want to end the contract.
To end the contract with us, please let us know by doing one of the following:
- Email. Email us at support@privateerbikes.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
- Online. Complete the form where directed to on the relevant website(s) or use live chat on the website(s).
- By post. Simply write to us at ITS Cycling Limited, Unit 8 Huffwood Trading Estate, Partridge Green, Horsham, England, RH13 8AU, including details of what you bought, when you ordered or received it and your name and address.
9.2 Returning products after ending the contract.
If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us at ITS Cycling Limited, Unit 8 Huffwood Trading Estate, Partridge Green, Horsham, England, RH13 8AU or allow us to arrange a returns label/courier pick-up as set out in these terms.
9.3 When we will pay the costs of and arrange the return.
We will pay the costs of and arrange the return:
- if the products are faulty or misdescribed; or
- if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong,
in which case please email us at support@privateerbikes.com or contact us via live chat on the website(s) for a return label and/or to arrange collection.
In all other circumstances (including where you are exercising your right to change your mind), unless we agree otherwise at our sole discretion, you must pay the costs of return and arrange the return yourself. If you are responsible for the costs of and arranging the return, we reserve the right, at our sole discretion, to charge you the direct cost to us of arranging any required returns label and courier pick-up. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
9.4 How we will refund you.
We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.5 Deductions from refunds if you are exercising your right to change your mind.
If you are exercising your right to change your mind:
- We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
- Unless we agree otherwise at our sole discretion, the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. 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, unless we agree otherwise at our sole discretion, we will only refund what you would have paid for the cheaper delivery option.
- Where you are responsible for the costs of and arranging the return under clause 9.3 above, we may reduce your refund of the price (excluding delivery costs) by the direct cost to us of arranging any required return label and/or courier pick-up.
- Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
9.6 When your refund will be made.
We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
- If the products are goods and we have not offered to provide a returns label and/or a courier pick-up, your refund will be made within 14 days from 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 clause 9.2.
- In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
10. OUR RIGHTS TO END THE CONTRACT
10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
- you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example axel information; or
- you do not, within a reasonable time, allow us to deliver the products to you.
11. IF THERE IS A PROBLEM WITH THE PRODUCT
11.1 How to tell us about problems.
If you have any questions or complaints about the product, please contact us. You can email us at support@privateerbikes.com or contact us via live chat on the website(s) or write to us at ITS Cycling Limited, Unit 8 Huffwood Trading Estate, Partridge Green, Horsham, England, RH13 8AU.
11.2 Summary of your legal rights.
We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.
11.3 Your obligation to return rejected products if there is a problem or fault.
If you wish to exercise your legal rights to reject products if there is a problem or fault you must either post them back to us at ITS Cycling Limited, Unit 8 Huffwood Trading Estate, Partridge Green, Horsham, England, RH13 8AU or allow us to provide a returns label (for courier drop off or courier pick-up). We will pay the costs of such postage or return label (courier drop off or courier pick-up). Please email us at support@privateerbikes.com or contact us via live chat on the website(s) for a return label and/or to arrange a returns label.
12. PRODUCT WARRANTIES AND RELATED POLICIES AND SERVICES
12.1 Product warranties.
We provide specific warranties in respect of certain of our products, full details of which are set out in the help pages of our websites. Please note that these specific warranties do not affect your legal rights (i.e. your statutory rights).
12.2 Crash replacement policies.
We offer specific crash replacement policies for certain of our products, full details of which are set out in the help pages of our websites.
12.3 H_Care service.
For an additional fee, as indicated on checkout, we offer the H_Care service, (which is a lifetime crash replacement/crash replacement repair service), for certain of our products, full details of which are set out in the help pages of our websites.
3 PRICE AND PAYMENT
13.1 Where to find the price for the product.
The price of the product will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 13.3 for what happens if we discover an error in the price of the product you order.
13.2 We will pass on changes in the rate of any applicable sales tax (such as VAT).
If the rate of applicable sales tax (such as VAT) changes between your order date and the date we supply the product, we will adjust the rate of applicable sales tax (such as VAT) that you pay, unless you have already paid for the product in full before the change in the rate of applicable sales tax (such as VAT) takes effect.
13.3 What happens if we got the price wrong.
It is always possible that, despite our reasonable care, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
13.4 When you must pay and how you must pay.
We accept payment by the methods listed on the relevant website’s online payment or checkout page. When you must pay depends on what product you are buying. Where indicated for particular products, you may pay a deposit when you order them, in which case you must pay the full balance due before we dispatch them. Where the deposit option is not available you must pay for the products in full when you order them.
13.5 What to do if you think an invoice or bill is wrong.
If you think an invoice or bill is wrong please contact us promptly to let us know.
13.6 Promotional Offers
13.6.1 Our promotional offers are only valid for a certain time and may expire without notice
13.6.2 Our promotional offers can not be used in conjunction with other discounts
13.6.3 Offers are only valid for purchases made on the website
13.6.4 Offers may not apply to all products and may be subject to specific terms which will be communicated with that offer
13.6.5 The company reserves the right to modify or cancel the promotion at any time.
14 OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
14.1 We are responsible to you for foreseeable loss and damage caused by us.
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
14.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
This includes liability for death or personal injury caused by our negligence and for fraud or fraudulent misrepresentation.
14.3 When we are liable for damage to your property.
If we are providing services in respect of any of your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
14.4 We are not liable for business losses.
Unless we expressly advise you otherwise, we only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15. HOW WE MAY USE YOUR PERSONAL INFORMATION
15.1 How we may use your personal information.
We will only use your personal information as set out in our privacy policy page.
16 OTHER IMPORTANT ITEMS
16.1 We may transfer this agreement to someone else.
We may transfer our rights and obligations under these terms to another organisation. We will tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
16.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee(s)).
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, you may transfer our guarantees at clause 4 and clause 11.3 to a person who has acquired the product or, where the product is services, any item or property in respect of which we have provided the services. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property.
16.3 Nobody else has any rights under this contract (except someone you pass your guarantee(s) on to).
This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 16.2 in respect of our guarantee(s). Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
16.4 If a court finds part of this contract illegal, the rest will continue in force.
Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
16.5 Even if we delay in enforcing this contract, we can still enforce it later.
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
16.6 Which laws apply to this contract and where you may bring legal proceedings.
These terms are governed by English law. You and us can bring legal proceedings in respect of the products in the English courts.
Finance Options
NOVUNA Personal Finance, read more here.
KLARNA, read more here.
OUR EU WEBSITE USE TERMS
These terms tell you the rules for using our websites at:
and any other website operated by us (our websites).
Who we are and how to contact us
We are ITS Cycling Limited a company registered in England and Wales. Our company registration number is 08583700 and our registered office is at Unit 8 Huffwood Trading Estate, Partridge Green, Horsham, England, RH13 8AU. Our registered VAT number is 165 9472 70.
You can contact us by writing to us at support@privateerbikes.com or Unit 8 Huffwood Trading Estate, Partridge Green, Horsham, England, RH13 8AU or via live chat on our website(s).
By using our website(s) you accept these terms
By using our website(s), you confirm that you accept these terms of use and that you agree to comply with them.
If you do not agree to these terms, you must not use our website(s).
There are other terms that may apply to you
The following additional terms also apply to your use of our website(s):
- If you purchase products from our website(s), our terms and conditions for the supply of products, https://www.theriderfirm.cc/pages/our-terms-for-the-supply-of-products will apply to the sales. (Please see section below or visit the link in this paragraph)
- Our Privacy Policy: https://www.theriderfirm.cc/pages/privacy-policy. See further under How we may use your personal information.
- Our Cookie Policy https://www.theriderfirm.cc/pages/cookies, which sets out information about the cookies on our website(s).
We may make changes to these terms
We amend these terms from time to time. Every time you wish to use our website(s), please check these terms to ensure you understand the terms that apply at that time.
We may make changes to our website(s)
We may update and change our website(s) from time to time to reflect changes to our products, our users' needs and our business.
We may suspend or withdraw our website(s)
Our website(s) are made available free of charge.
We do not guarantee that our website(s), or any content on them, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our website(s) for business and/or operational reasons.
You are also responsible for ensuring that all persons who access our website(s) through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms to another organisation. We will tell you if this happens and we will ensure that the transfer will not affect your contractual rights.
You must keep your account details safe
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of any other applicable terms.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at support@theriderfirm.cc or via live chat on our website(s).
How you may use material on our website(s)
We are the owner or the licensee of all intellectual property rights in our website(s), and in the material published on them. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our website(s) for your personal use and you may draw the attention of others to content posted on our website(s).
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our website(s) must always be acknowledged.
You must not use any part of the content on our website(s) for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our website(s) in breach of these terms of use, your right to use our website(s) will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Do not rely on information on this site
Save to the extent that we make it expressly clear otherwise, the content on our website(s) is provided for general information only.
Save to the extent that we make it expressly clear otherwise, the information on our website(s) is not intended to amount to advice on which you should rely and you must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our website(s).
Although we make reasonable efforts to update the information on our website(s), save to the extent that we make it expressly clear otherwise, we make no representations, warranties or guarantees, whether express or implied, that the content on our website(s) is accurate, complete or up to date.
We are not responsible for websites we link to
Where our website(s) contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
Our responsibility for loss or damage suffered by you
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence and for fraud or fraudulent misrepresentation.
In no event will be liable to you for any loss or damage that is not foreseeable.
Please note that, unless we expressly advise you otherwise, we only provide our website(s) for domestic and private use. You agree not to use our website(s) for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
How we may use your personal information
We will only use your personal information as set out in our Privacy Policy: https://www.theriderfirm.cc/pages/privacy-policy.
We are not responsible for viruses and you must not introduce them
We do not guarantee that our website(s) will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our website(s). You should use your own virus protection software.
You must not misuse our website(s) by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website(s), the server on which our website(s) is stored or any server, computer or database connected to our website(s). You must not attack our website(s) via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website(s) will cease immediately.
Prohibited uses
You may use our website(s) only for lawful purposes. You may not use our website(s):
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors or anyone else in any way.
- To bully, insult, intimidate or humiliate any person.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
You also agree not to access without authority, interfere with, damage or disrupt:
- any part of our website(s);
- any equipment or network on which our website(s) are stored;
- any software used in the provision of our website(s); or
- any equipment or network or software owned or used by any third party.
When we consider that a breach of these terms has occurred, we may take such action as we deem appropriate.
Rules about linking to our website(s)
You may link to the home page of our website(s), provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our website(s) in any website that is not owned by you.
Our website(s) must not be framed on any other site, nor may you create a link to any part of our website(s) other than the home page.
We reserve the right to withdraw linking permission without notice.
If you wish to link to or make any use of content on our website(s) other than that set out above, please contact us at support@theriderfirm.cc or via live chat on our website(s).
Which country's laws apply to any disputes?
These terms are governed by English law. You and us can bring legal proceedings in respect of the use of our website(s) in the English courts.
OUR TERMS FOR THE SUPPLY OF PRODUCTS
1. THESE TERMS
1.1 What these terms cover.
These are the terms and conditions on which we supply products (whether these are goods and/or services) to you through our websites at:
These terms tell you the rules for using our websites at:
<and any other website that we supply products though from time to time.
1.2 Why you should read them.
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are.
We are ITS Cycling Limited a company registered in England and Wales. Our company registration number is 08583700 and our registered office is at Unit 8 Huffwood Trading Estate, Partridge Green, Horsham, England, RH13 8AU. Our registered VAT number is 165 9472 70.
2.2 We trade under the following names:
You can contact us by writing to us at support@theriderfirm.cc or Unit 8 Huffwood Trading Estate, Partridge Green, Horsham, England, RH13 8AU or via live chat on the website(s).
2.4 How we may contact you.
If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.5 "Writing" includes emails.
When we use the words "writing" or "written" in these terms, this includes emails.
3.1 How we will accept your order.
Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order.
If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number.
We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order
4. OUR PRODUCTS
4.1 Products may vary slightly from their pictures.
The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, because our products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our website have a degree of tolerance.
4.2 Product packaging may vary.
The packaging of the product may vary from that shown in images on our website.
4.3 Making sure your measurements are accurate.
If we are making the product to measurements you have given us or you are ordering the product based on your measurements you are responsible for ensuring that these measurements are correct. You can find information and tips on how to measure on our websites or by contacting us.
5. YOUR RIGHT TO MAKE CHANGES
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8- Your rights to end the contract).
6. OUR RIGHT TO MAKE CHANGES
6.1 Minor changes to the products.We may change the product:
- to reflect changes in relevant laws and regulatory requirements; and
- to implement minor technical adjustments and improvements. These changes will not affect your use of the product.
6.2 Changes to these terms.
We may change these terms from time to time, but if we do so and these changes affect your order you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
7. PROVIDING THE PRODUCTS
7.1 Delivery costs.
The costs of delivery will be as displayed to you on our website.
7.2 When we will provide the products.
During the order process we will let you know when we will provide the products to you. We will provide you with an estimated delivery date when you order the products and may update the estimated delivery date during the order process.
7.3 We are not responsible for delays outside our control.
If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.4 If you are not at home when the product is delivered.
If no one is available at your address to take delivery and the products cannot be posted through your letterbox, the delivery provider should leave you a note informing you of how to rearrange delivery or collect the products from a local depot. Please contact us if you were expecting a delivery and have not heard from us or a delivery provider.
7.5 If you do not re-arrange delivery.
If, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or or provide a returns label and/or a courier pick-up we may end the contract and clause 2 will apply.
7.6 When you become responsible for the goods.
A product which is goods will be your responsibility from the time the product is delivered to the address you gave us.
7.7 When you own goods.
You will only own a product which is goods once we have received payment in full for it.
7.8 What will happen if you do not give required information to us.
We may need certain information from you so that we can supply the products to you, for example axle size. If so, this will have been stated in the description of the products on our website. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 2 will apply) [or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result]. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.9 Reasons we may suspend the supply of products to you.
We may have to suspend the supply of a product to:
- deal with technical problems or make minor technical changes;
- update the product to reflect changes in relevant laws and regulatory requirements;
- make changes to the product as requested by you or notified by us to you (see clause 6).
7.10 Your rights if we suspend the supply of products.
We will contact you to tell you if we suspend the supply of a product that you have ordered. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
8. YOUR RIGHTS TO END THE CONTRACT
8.1 You can always end your contract with us.
Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
- If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 11;
- If you want to end the contract because of something we have done or have told you we are going to do, see clause 2;
- If you have just changed your mind about the product, see clause 3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and, unless we agree otherwise at our sole discretion, you will have to pay the costs of return of any goods;
- In all other cases (if we are not at fault and there is no right to change your mind), see clause 6.
8.2 Ending the contract because of something we have done or are going to do.
If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
- you do not agree to a change of terms that affects your order (see clause 6.2);
- we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
- there is a risk that supply of the products may be significantly delayed because of events outside our control;
- we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons; or
- you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013).
For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 Our goodwill guarantee.
Please note, though, that these terms reflect the goodwill guarantee offered by us to our customers for the products listed below, which is more generous than your legal rights under the Consumer Contracts Regulations in the ways set out below. This goodwill guarantee does not affect your legal rights in relation to faulty or misdescribed products (see clause 2):
|
Right under the Consumer Contracts Regulations 2013 |
How our goodwill guarantee is more generous |
|
14 day period to change your mind from receipt of the goods. |
60 day period to change your mind from receipt of the goods under our ‘60 Day Ride & Return’ policies, full details of which are set out in the help pages of our websites. Please note that there are some exceptions (for example crash damage).
|
For all goods not listed above, you will have a 14 day period from receipt of the goods to change your mind and receive a refund. For services you have a 14 day period to change your mind from the date you ordered the service, subject to clause 8.5(a) below.
8.5 When you don't have the right to change your mind.
You do not have a right to change your mind in respect of:
- services, once these have been completed, even if the cancellation period is still running; and
- any products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them.
8.6 Ending the contract where we are not at fault and there is no right to change your mind.
Even if we are not at fault and you do not have a right to change your mind (see clause 1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
9.1 Tell us you want to end the contract.
To end the contract with us, please let us know by doing one of the following:
- Email. Email us at support@privateerbikes.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
- Online. Complete the form where directed to on the relevant website(s) or use live chat on the website(s).
- By post. Simply write to us at ITS Cycling Limited, Unit 8 Huffwood Trading Estate, Partridge Green, Horsham, England, RH13 8AU, including details of what you bought, when you ordered or received it and your name and address.
9.2 Returning products after ending the contract.
If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us at ITS Cycling Limited, Unit 8 Huffwood Trading Estate, Partridge Green, Horsham, England, RH13 8AU or allow us to arrange a returns label/courier pick-up as set out in these terms.
9.3 When we will pay the costs of and arrange the return.
We will pay the costs of and arrange the return:
- if the products are faulty or misdescribed; or
- if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong,
in which case please email us at support@privateerbikes.com or contact us via live chat on the website(s) for a return label and/or to arrange a courier pick-up.
In all other circumstances (including where you are exercising your right to change your mind), unless we agree otherwise at our sole discretion, you must pay the costs of return and arrange the return yourself. If you are responsible for the costs of and arranging the return, we reserve the right, at our sole discretion, to charge you the direct cost to us of arranging any required returns label and courier pickup. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
9.4 How we will refund you.
We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.5 Deductions from refunds if you are exercising your right to change your mind.
If you are exercising your right to change your mind:
- We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
- Unless we agree otherwise at our sole discretion, the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. 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, unless we agree otherwise at our sole discretion, we will only refund what you would have paid for the cheaper delivery option.
- Where you are responsible for the costs of and arranging the return under clause 9.3 above, we may reduce your refund of the price (excluding delivery costs) by the direct cost to us of arranging any required return label and/or courier pick-up.
- Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
9.6 When your refund will be made.
We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
- If the products are goods and we have not offered to provide a returns label and/or a courier pick-up, your refund will be made within 14 days from 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 clause 9.2.
- In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
10. OUR RIGHTS TO END THE CONTRACT
10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
- you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example axel information; or
- you do not, within a reasonable time, allow us to deliver the products to you.
11. IF THERE IS A PROBLEM WITH THE PRODUCT
11.1 How to tell us about problems.
If you have any questions or complaints about the product, please contact us. You can email us at support@privateerbikes.com or contact us via live chat on the website(s) or write to us at ITS Cycling Limited, Unit 8 Huffwood Trading Estate, Partridge Green, Horsham, England, RH13 8AU.
11.2 Summary of your legal rights.
We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.
11.3 Your obligation to return rejected products if there is a problem or fault.
If you wish to exercise your legal rights to reject products if there is a problem or fault you must either post them back to us at ITS Cycling Limited, Unit 8 Huffwood Trading Estate, Partridge Green, Horsham, England, RH13 8AU or allow us to provide a returns label (for courier drop off or courier pick-up. We will pay the costs of such postage or return label (courier drop off or courier pick-up). Please email us at support@privateerbikes.com or contact us via live chat on the website(s) for a return label and/or to arrange a returns label.
12. PRODUCT WARRANTIES AND RELATED POLICIES AND SERVICES
12.1 Product warranties.
We provide specific warranties in respect of certain of our products, full details of which are set out in the help pages of our websites. Please note that these specific warranties do not affect your legal rights (i.e. your statutory rights).
12.2 Crash replacement policies.
We offer specific crash replacement policies for certain of our products, full details of which are set out in the help pages of our websites.
12.3 H_Care service.
For an additional fee, as indicated on checkout, we offer the H_Care service, (which is a lifetime crash replacement/crash replacement repair service), for certain of our products, full details of which are set out in the help pages of our websites.
3 PRICE AND PAYMENT
13.1 Where to find the price for the product.
The price of the product will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 13.3 for what happens if we discover an error in the price of the product you order.
13.2 We will pass on changes in the rate of any applicable sales tax (such as VAT).
If the rate of applicable sales tax (such as VAT) changes between your order date and the date we supply the product, we will adjust the rate of applicable sales tax (such as VAT) that you pay, unless you have already paid for the product in full before the change in the rate of applicable sales tax (such as VAT) takes effect.
13.3 What happens if we got the price wrong.
It is always possible that, despite our reasonable care, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
13.4 When you must pay and how you must pay.
We accept payment by the methods listed on the relevant website’s online payment or checkout page. When you must pay depends on what product you are buying. Where indicated for particular products, you may pay a deposit when you order them, in which case you must pay the full balance due before we dispatch them. Where the deposit option is not available you must pay for the products in full when you order them.
13.5 What to do if you think an invoice or bill is wrong.
If you think an invoice or bill is wrong please contact us promptly to let us know.
13.6 Promotional Offers
13.6.1 Our promotional offers are only valid for a certain time and may expire without notice
13.6.2 Our promotional offers can not be used in conjunction with other discounts
13.6.3 Offers are only valid for purchases made on the website
13.6.4 Offers may not apply to all products and may be subject to specific terms which will be communicated with that offer
13.6.5 The company reserves the right to modify or cancel the promotion at any time.
14 OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
14.1 We are responsible to you for foreseeable loss and damage caused by us.
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
14.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
This includes liability for death or personal injury caused by our negligence and for fraud or fraudulent misrepresentation.
14.3 When we are liable for damage to your property.
If we are providing services in respect of any of your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
14.4 We are not liable for business losses.
Unless we expressly advise you otherwise, we only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15. HOW WE MAY USE YOUR PERSONAL INFORMATION
15.1 How we may use your personal information.
We will only use your personal information as set out in our privacy policy page.
16 OTHER IMPORTANT ITEMS
16.1 We may transfer this agreement to someone else.
We may transfer our rights and obligations under these terms to another organisation. We will tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
16.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee(s)).
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, you may transfer our guarantees at clause 4 and clause 11.3 to a person who has acquired the product or, where the product is services, any item or property in respect of which we have provided the services. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property.
16.3 Nobody else has any rights under this contract (except someone you pass your guarantee(s) on to).
This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 16.2 in respect of our guarantee(s). Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
16.4 If a court finds part of this contract illegal, the rest will continue in force.
Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
16.5 Even if we delay in enforcing this contract, we can still enforce it later.
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
16.6 Which laws apply to this contract and where you may bring legal proceedings.
These terms are governed by English law. You and us can bring legal proceedings in respect of the products in the English courts.
ITS Cycling USA Inc. Terms and Conditions
GENERAL
These terms and conditions apply to the use of this website at www.privateerbikes.com/en-us ("Website”) operated by ITS Cycling USA Inc. (hereinafter, "ITS Cycling USA"). By accessing the Website and/or placing an order, you agree to be bound by these terms and conditions.
Using the Website indicates that you accept these terms regardless of whether or not you choose to register with us or order from us. If you do not accept these terms, do not use the Website.
1. INTRODUCTION
1.1 Access and Registration. You will be able to access areas of the Website without registering your details with us. Certain areas of this Website are only open to you if you register.
1.2 Revision of Terms. We may revise these terms and conditions at any time by updating this posting. You should check the Website from time-to-time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of the Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use the Website.
ORDERS, PRODUCTS AND RETURNS
2. ORDERING FROM US
2.1 Order. You are deemed to place an order with us by ordering via our online checkout process which is an offer to buy. As part of our checkout process, you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgment, detailing the products you have ordered.
2.2 Acceptance of an Order. Our acceptance of an order takes place when we ship the order. We will send you a notice of confirmation by email. When we ship the order the purchase contract will be made even if your payment has been processed immediately, unless we have notified you that we do not accept your order or you have canceled your order.
2.3 Refusal of an Order. We may refuse to accept an order:
(a) where product are not available;
(b) where we cannot obtain authorization for your payment;
(c) if there has been a pricing or product description error;
(d) if you do not meet any eligibility criteria set out in our terms and conditions;
(f) if you are under 18 years of age; or
(e) you reside in a territory not serviced by our Website.
3. PRICING AND PRODUCTS
3.1 Prices. Prices shown are in United States Dollars (USD). ITS Cycling USA reserves the right to change prices for products displayed on the Website at any time, and to correct pricing errors that may inadvertently occur. Despite our best efforts, a small number of the items on our Website may be mispriced. Rest assured, however, that we verify prices as part of our shipping procedures. If an item’s correct price is lower than our stated price, we charge the lower amount and ship you the item. If an item’s correct price is higher than our stated price, we will, at our discretion, either (i) contact you for instructions about whether you wish to pay the correct higher price before shipping or (ii) cancel your order and notify you of such cancellation (whether or not the order has been confirmed and your credit card or debit card charged).
3.2 Packing and Shipping Charges. Where we charge separately for packing, shipping and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on the Website.
3.3 Price Revision. Our prices are reviewed and revised periodically. You will pay the price stated when your order is shipped.
3.4 Sales Tax. Your order will show Local Sales Tax (“LST”), where applicable, at the applicable current rate chargeable at place of delivery, at time of transaction. However, if you place only a pre-order deposit on products and the rate of LST changes between the date of an order and the date of shipping, we will adjust the LST that you pay, unless you have already paid for the products in full before the change in LST takes effect.
3.5 Product Description. We attempt to make our product descriptions as accurate as possible. However, we do not warrant that product descriptions or other content is accurate, complete, reliable, current, or error-free. If a product is not as described, your sole remedy, except as stated in Section 4.1, is to return it in unused condition for refund or replacement.
3.6 Changes in Product Design. ITS Cycling USA may make any change in the design of or specifications for, or in the way it manufactures or produces any product if such changes are necessary or desirable to improve the safety or performance of such product. Further, ITS Cycling USA may furnish suitable substitute products or components for products or components which are unobtainable by ITS Cycling USA because of any priorities, rules, regulations or the like established by governmental authorities or agencies, or due to price changes or the non-availability of materials or components from suppliers. Substitute goods may differ from goods of a prior manufacture cosmetically, functionally and/or in dimensions. Customer may not make any changes in the designs or specifications for the products unless ITS Cycling USA approves of such changes in writing, in which event ITS Cycling USA may impose additional charges to implement such changes.
3.7 Promotional Offers. Our promotional offers are only valid for a certain time and may expire without notice. They are only valid for purchases made on the website and can not be used in conjunction with other discounts. Offers may not apply to all products and may be subject to specific terms which will be communicated with that offer. The company reserves the right to modify or cancel the promotion at any time.
4. CANCELLATION AND RETURNS POLICY
4.1 60 Day Ride & Return Policy. We are so confident that you'll be happy with your Website products, that we offer a full 60 days to use them. If at any point during these 60 days you wish to return them for a full refund, please see Section 4.3 and email or call us on the phone number at the Contact Details. Unfortunately, we cannot offer a refund on any item that has suffered severe or crash damage within this period. However, we do offer a Crash Replacement Discount (Section 5.3), so please contact us at Contact Details.
4.2 Canceling an Order Before Shipping. If you wish to cancel your order before it has been shipped you can notify us by email, phone or chat. In some cases, product may have been shipped even before you have been notified, but we will always make our best efforts to meet your request.
4.3 General Returns Information. For us to process any returns and repair, replacement or refunds please ensure that you contact us within 14 days of receiving your goods to receive a Returns Number. Once we have provided you with a Returns Number, you have 14 days to ship the products to us. Please note we cannot accept responsibility for products lost in transit, so we advise using an insured method with proof of delivery. Refunds may take up to 28 days to process, but we will always endeavor to process them as quickly as possible. When returning used products, please remove all accessory items not included with your purchase and subject to the warranty or 60 Day Ride & Return claim including components, tires, tubes, rim tape, cassettes, skewers, computer magnets, etc. We cannot be responsible for loss or damage to accessory items returned to us.
4.4 Returning Unwanted Products After Shipping or Delivery of the Product for Refund. If you wish to cancel an order or return an unwanted product for a refund when product have already been shipped or delivered to you, please contact us via live chat, email or call us at the phone number shown above, within 14 days of shipping, and we will provide you with a Returns Number. Please have pictures of the products available to transmit to us. You will be responsible for the cost of return shipping to us. Returned product will be refunded within 28 days. For non-warranty orders, the rights to return the product to us as referred to above will not apply in the following circumstances:
• In the event that the product has been used (60 Day Ride & Return products excepted)
• The packaging of the product has been damaged
• The product is damaged in anyway
• The product is not in full resalable condition
• Product is faulty on arrival, incorrect or damaged in transit
4.5 Damaged, Incorrect and Faulty product. If your product are faulty on arrival, incorrect or damaged in transit you should report that to us by email or phone call, see Contact Details, within 7 days and then return to us in no longer than 14 days of receipt. When the products have been returned to us and the fault has been verified, we will issue a full refund via your original payment method or send a replacement as requested and if available. In any case, refund of return postage paid will be limited to the postage paid for the original order or USD 5.00, whichever is greater.
GENERAL WARRANTY TERMS
5. LIMITED WARRANTY
5.1 Products Suspected Faulty During Use. As explained in more detail below, ITS Cycling USA warrants our products to the original owner for a limited time from the date of original retail purchase against defects in materials and workmanship when used normally and in accordance with ITS Cycling USA’s Specified Usage. The Specified Usage includes, but is not limited to, information contained in the Terms and Conditions; technical specifications; user manuals; rider weight limits; and, service communications. On receipt of the returned products by ITS Cycling USA, they will be inspected and if the products are found to be faulty, we will, at our sole option, repair or replace it with the same or most similar products then available. In no event shall we be liable for any special, incidental or consequential damages of any kind arising out of the purchase or use of any products, whether based on contract, tort, statute or otherwise and we disclaim all implied warranties, including those of fitness for a specific use and merchantability. Products are not warranted for commercial, demo, rental use and not warranted through resellers, except through authorized ITS Cycling Ltd dealers. Some states, countries and territories do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. These limitations do not exclude liability for death or personal injury caused by our negligence, otherwise our liability shall be no greater than the amount of the original purchase price. In addition, any warranties implied by law shall in no event extend beyond the duration of the express warranty offered, if any. This warranty gives you specific legal rights, and you may also have other rights which vary in different states, countries and territories.
5.2 Warranty exclusions. Certain products are subject to normal wear and tear from use and are not covered by our warranty: Free hub bodies & pawls; Sprockets and cassettes; Tools; Bearings; Cassettes, sprockets, chains and chainrings; Brake pads and rotors; Spokes; Electrical connections; Batteries; Tires, tubes, sealant and tire liners; Wheel braking surfaces; Grips and Handlebar tape; Accessories; and, Clothing. Our warranty also does not cover: Labor charges for removal or assembly of failed products; Improper assembly or installation; Crash, accident, neglect, improper repair, improper maintenance, or other abnormal, excessive, or improper use and abuse; Corrosion; Improper alteration or installation of components, parts or accessories and parts not originally intended for use with or compatible with our products; Failure to perform maintenance or service at appropriate intervals; Rider weight in excess of stated ratings.
5.3 Crash Replacement Discount Policy. As riders we understand that it can be heart breaking when your pride and joy suffers a crash, accidentally gets run over by a car and fails through impact or accident. If you are the original owner of your products and they are damaged as a result of a crash, accident or while just riding along, within 3 years of the shipping date of that product to you, please see Contact Details and we will do our best to help you out. Often, we can offer a discount on a replacement product. Proof of damage or return of the damaged product may be required to qualify. ITS Cycling USA is unable to cover any return shipping costs that may you may incur as a result of our Crash Replacement Discount Policy.
5.4 Making a Warranty or Crash Replacement Claim. Please contact us as shown in Contact Details. Please have pictures of the products available to transmit to us. We will assess you claim pursuant to these Terms and Conditions advise you how to proceed. You may need to return the products at your expense for evaluation, in which case we will provide you with a Returns Number.
HUNT BIKE WHEELS WARRANTY
5.5 Hunt Bike Wheels Warranty.
(a)Hunt Bike Wheel Warranty. Pursuant to our General Warranty Terms, our Hunt branded wheel products are warranted against manufacturing and material defects to the original purchaser for 3 years. This warranty starts at shipping of the products to you and excludes normal wear and tear, products misuse and abuse (see exclusions, section 5.2). Our wheels have varying rider weight limits published on the Products pages of each model and incorporated herein. Please include the weight of any luggage in your total rider weight when choosing the correct wheels. Rider use in excess of weight limits shall exclude warranty, H_Care and crash replacement coverage.
(b) H_CARE - Lifetime Crash Replacement. For original purchasers, we offer free lifetime crash replacement for all Aerodynamicist Carbon, UD Carbon Spoke, Limitless & All-Mountain Carbon MTB* wheels (“Wheels”). In the event of a crash or similar accident consistent with the intended usage of the Wheels we will at our sole option, repair or replace the damaged Products. For original purchasers of all HUNT-branded/made parts of Wheels (including rims, spokes, hubs, and nipples) you will receive free replacement, and we’ll also cover the reasonable cost of the labor to repair your wheels at a local bike shop or professional bike mechanic, or perform the work free of charge at either our US or UK offices. If we cannot repair or replace your product with a compatible product, you will receive the most current product for the same product category and intended usage. You are responsible for shipping the Wheels to us, we shall be responsible for all other costs to repair and/or replace damaged Wheels.
*H_CARE for All-Mountain Carbon MTB Wheelset. The All-Mountain Carbon H_Impact Wheelset carries the same lifetime crash replacement: if you break it while riding, we will get it fixed or replaced for free and you are responsible for shipping Wheels to us. However, there are exclusions as follows:
I. Applies only to the original purchaser (If you purchase a pair second hand, we will do our best to support you through our Section 5.3 Crash Replacement Discount Policy)
II. Only for use on single crown forks. No Downhill Bikes! Although tough, please keep in mind the intended usage of All Mountain and Trail.
III. The standard legal limitations of the 3-year warranty applies too; modifications, commercial and rental use, incorrect fitment or lack of maintenance may also void your warranty.
(c) Crash and Out of Warranty Claims. See Section 5.3.
5.6 Cairn Cycles Warranty.
(a) Pursuant to our General Warranty Terms, Cairn Cycles warranty is only valid to original purchaser and if it is purchased through Cairn Cycles or an authorized dealer. The warranty is void if your Cairn Cycle was not purchased direct or with an unauthorized dealer, if you are not the original owner, or it has been subject to non-normal use. Non-normal use conditions mean the bike has been subjected to tricks, stunts, skate parks, pump tracks, ramps, bike parks, north shore style, trials riding, commercial or hire activities. All riding shall be done within the intended use of the bicycle, see intended uses page for more details. Warranty does not apply to normal wear and tear, abuse, neglect, improper assembly or maintenance as well as crash damage or non-original parts (see clause 5.2).
(b) Cairn Cycles Complete Bike. All Cairn Cycles have a 1-year complete bicycle warranty, as long as the bicycle was purchase from Cairn Cycles direct or an authorized dealer. This warranty covers any defective materials or workmanship for one year from the date of purchase. This warranty is subject to condition and use within the intended usage guidelines.
(c) Frame. All Cairn frames are warranted against manufacturing and material defects for a period of 5 years from the date of purchase by the original owner, subject to regular maintenance, normal and intended use. Warranty claims may, in its sole discretion, require inspection by Cairn Cycles.
(d) Cairn Cycles Forks. All Cairn Cycles forks (for suspension fork warranty please see the manufactures website or manual) are covered for a period of 5 years from the date of purchase to the original owner, subject to regular maintenance, normal and intended use. Warranty claims may, in its sole discretion, require inspection by Cairn Cycles.
(e) Cairn Cycles Wheels. See clause 5.5, above.
(f) Cairn Cycles Components. The individual components of your Cairn Cycles will have a warranty period which is specific to the manufacture and/or the component. These component manufacture warranties will be either stated in the manuals provided at point of purchase or can be found on the manufacturers’ websites.
(g) Replacement Keys. We hold the details of all Cairn Cycles key numbers. Providing your bike has the original lock barrel, we can help you get new keys cut if you ever lose your key or key number.
(g) Crash and Out of Warranty Claims. See clause 5.3.
5.7 Privateer Bikes Warranty.
(a) Pursuant to General Warranty Terms, the Privateer Bikes warranty is only valid to original owners and if purchased through Privateer Bikes or an authorized dealer. The warranty is void if your Privateer frame was not purchased direct or with an unauthorized dealer, if you are not the original owner, or it has been subject to non-normal use. All riding should be done within the intended use of the bicycle. Warranty does not apply to normal wear and tear, abuse, neglect, improper assembly or maintenance as well as crash damage or non-original parts (see clause 5.2).
(b) Privateer Bikes Complete Bike. Privateer Bikes have a 1-year complete bicycle warranty, as long as the bicycle was purchase from Cairn Cycles direct or an authorized dealer. This warranty covers any defective materials or workmanship for one year from the date of purchase. This warranty is subject to condition and use within the intended usage guidelines. Proof of purchase is required.
(c) Privateer Bikes Frame. Frame. All Privateer frames are warranted against manufacturing and material defects for a period of 5 years from the date of purchase by the original owner, subject to regular maintenance, normal and intended use. This warranty covers the first owner against any defective materials or workmanship for five years from the date of purchase. This warranty is subject to condition and use within the intended use guidelines and shall not cover misuse, abuse, commercial or rental use and is subject to the requirement of regular maintenance (see clause 5.2).
(d) Privateer Bike Wheels. See clause 5.5, above.
(e) Privateer Bikes Components. The individual components of your Privateer Bikes will have a warranty period which is specific to the manufacturer and/or the component. These component manufacturer warranties will be either stated in the manuals provided at point of purchase or can be found on the manufacturers’ websites.
(f) Crash and Out of Warranty Claims. See clause 5.3.
5.8 Dissent 133 Gloves Warranty.
Pursuant to General Warranty Terms, we warrant goods to the original purchaser from Dissent133.com against manufacturing and material faults for 2 years from the delivery date. Please see Contact Detail to make a claim. On receipt of the returned goods by us, they will be inspected, and goods found to be faulty will either be refunded or replaced (if available). Refunds will not be made for goods which fail due to the effects of reasonable wear and tear (see clause 5.2).
WEBSITE USAGE
6. REGISTRATION
6.1 Registration. Registration is required to utilize our cancellation, return and warranty programs. To register with Website, you must be over eighteen years of age.
6.2 Unique Registrations. Each registration is for a single user only. We do not permit you to share your username and password with any other person nor with multiple users on a network.
6.3 Password Use. Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.
6.4 Breach by Registrant. We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.
7. LICENSE
7.1 Limited License To Use Content. You are permitted to print and download extracts from the Website for your own use on the following basis:
(a) no documents or related graphics on the Website are modified in any way;
(b) no graphics on the Website are used separately from accompanying text; and
(c) any and all of our copyright and trademark notices and this permission notice appear in all copies.
7.2 Intellectual Property Rights. Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by us or our licensees. For the purposes of these terms and conditions, any use of extracts from the Website other than in accordance with Section 7.1, above, for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.
7.3 Subject to Section 7.1, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
7.4 Any rights not expressly granted in these terms are reserved.
7.5 Except as permitted in Section 7.1, Hunt, the Hunt logo and icon, The Rider Firm, ITS Cycling, Cairn, Limitless, Privateer, Dissent and Dissent 133 are a trademark of ITS Cycling Ltd and its use and reproduction is only permitted with express prior written permission from ITS Cycling Ltd.
8. SERVICE ACCESS
8.1 Service availability. While we endeavor to ensure that our Website is normally available 24 hours a day, we will not be liable if for any reason our Website is unavailable at any time or for any period.
8.2 Website Access Suspension. Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
9. VISITOR MATERIAL AND CONDUCT
9.1 Visitor Information and Privacy. Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to the Website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our agents will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
9.2 Prohibited Transmissions. You are prohibited from posting or transmitting to or from this Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(b) for which you have not obtained all necessary licenses and/or approvals;
(c) which constitutes or encourages conduct that would be considered a criminal offense, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the USA or any other country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
9.3 Website Misuse. You may not misuse the Website (including, without limitation, by hacking).
9.4 Breach of Website Use Policy. We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of Sections 9.2 or 9.3.
10. LINKS TO AND FROM OTHER WEBSITES
10.1 Links to Third Parties. Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
10.2 Linking to Our Website. If you would like to link to the Website, you may only do so on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of the ITS Cycling Ltd logos or trademarks;
(b) you do not create a frame or any other browser or border environment around this Website;
(c) you do not in any way imply that we are endorsing any products or services other than our own;
(d) you do not misrepresent your relationship with us nor present any other false information about us;
(e) you do not otherwise use any ITS Cycling Ltd trade marks displayed on this Website without our express written permission;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
We expressly reserve the right to revoke the right granted in this Section 10.2 for breach of these terms and to take any action we deem appropriate.
10.3 Breach of Linking Policy. You shall fully indemnify us for any loss or damage we may suffer or incur as a result of your breach of Section 10.2.
11. DISCLAIMER
11.1 Website Accuracy. While we endeavor to ensure that the information on the Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
11.2 Website Warranty. The material on the Website is provided "as is" without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with the Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to the Website.
11.3 Equipment. You shall be solely responsible for providing, maintaining, and ensuring compatibility with the ITS Cycling USA products including all product, hardware, software, electrical and other physical requirements for your use of the Website, including, without limitation, telecommunications, Internet access connections, web browsers or other equipment, and programs and services required to access and use the Website.
12. WEBSITE LIABILITY
12.1 Website Liability. We, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.
12.2 Website Liability Limits. Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by our willful and wanton conduct; (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
12.3 Website Use Costs. If your use of the Website or material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
12.4 Website Use Indemnity. You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of the Website, or the use by any other person using your registration details.