The Cycle Emporium incorporating Winklebury Cycles is a small, independent bicycle shop located in Basingstoke, Hampshire who offer sales, services and repairs on all bicycles, (and accessories). We are a traditional store where you can make in-store-purchases and we also provide sales of bicycles online as well. All purchases made online are either “click and collect” services, or are delivered by ourselves.

General:

• www.thecycleemporium.com is a website operated by The Cycle Emporium incorporating Winklebury Cycles (ourselves). 

• The Cycle Emporium incorporating Winklebury Cycles address is:
  Unit 3, Champion House, Wella Road, Basingstoke, Hampshire, RG22 4AG.

• The VAT number for The Cycle Emporium incorporating Winklebury Cycles is:  537 642 627.

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

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

• The “Price” shall mean the amount payable to The Cycle Emporium incorporating Winklebury Cycles for the Goods including VAT. You should also note that any prices quoted may vary during the shelf-life of brochures and other marketing material (downwards or upwards) and current prices are quoted at the time of an order. For any orders placed online, these are not accepted by us until the bicycle is serviced and then it will be marked as “Fulfilled” once it is serviced and collected in store. Alternatively, if it is a bicycle sold online, the bicycle will be marked as “Fulfilled” once the bicycle is serviced and we have spoken directly to you to schedule a delivery. Please also note, that if doing any Cycle Scheme voucher, we will have to use full retail money against the voucher to cover their costs. For example: A bike is reduced to £500.00 from £550.00, we will have to process the voucher at the full retail money, being £550.00.

• These terms and conditions shall apply to all of our quotations, orders and contracts for the sale of Goods by The Cycle Emporium incorporating Winklebury Cycles.

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

The Contract:

• After placing an order online, you will receive an email from us acknowledging that we have received your order for the Goods. Please note, this does not mean that your order has been “fulfilled”. Your order constitutes an offer to The Cycle Emporium incorporating Winklebury Cycles to buy Goods. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms the details and availability of your order. The contract between you and The Cycle Emporium incorporating Winklebury Cycles will only be formed at the time of collection/delivery of the Goods. 

• The Cycle Emporium incorporating Winklebury Cycles offers “Click and Collect” services as well as Delivery. Please note, we do not deliver all products featured on our website. This means that the contract is formed when collecting the goods in shop and is subject to normal bricks and mortar consumer law.
  

Consumer Rights:

• You may cancel your purchase from us for the Goods you order at any time up to the point of collection. Unless otherwise specifically notified by us in your order confirmation email, you do not need to give us any reason for cancelling your contract nor will you have to pay any penalty. For goods that have been ordered online, you have 14 days after receiving your Goods to cancel the order. The circumstances where you may not be eligible for a full refund are where the bike ordered is a personal custom order or a particular specialist size or item. In this event, we will make it clear before ordering and advise of potential penalties incurred for cancellation. These rights exist under the Consumer Contracts Regulations 2014.

• Under the Consumer Rights Act 2015,  you have the right to return goods that are unsatisfactory quality, unfit for purpose, or not as described, and get a full refund if the Goods are in the same condition in which is left the store in. This right is limited to 30 days from the date the customer took ownership of the goods. If an item is faulty and needs to be returned, the customer does not need to pay postage costs for the return of the faulty item. If a customer is asked to return an item that was delivered and it was not as described or faulty, The Cycle Emporium incorporating Winklebury Cycles will refund the total cost of the return.

• To cancel your contact, you must notify us in writing at our store - The Cycle Emporium incorporating Winklebury Cycles, Unit 3, Champion House, Wella Road, Basingstoke, Hampshire, RG22 4AG. Alternatively, you can reach us by email - info@thecycleemporium.com

• Once you have notified us that you are cancelling your contract, any sum debited to The Cycle Emporium incorporating Winklebury Cycles (in respect of goods provided by) from your debit or credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order.

Cancellation by The Cycle Emporium incorporating Winklebury Cycles

• We reserve the right to cancel the contract between us if: 

1. We have insufficient stock to deliver the Goods you have ordered.

2. One or more of the Goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.

3. We  have reason to suspect that there is a risk of a fraudulent transaction.

• If we do cancel your contract, we will notify you by email and we will re-credit to your account any sum deducted  by us. In respect of Goods provided by us from your debit or credit card as soon as possible, but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered. 
  

Guarantees:

• All guarantees in respect of Goods are provided entirely by the manufacturers/UK importers and are subject to terms contained therein. Most of our supplies offer 1 year on the componentry (if not down to user error) and one year upwards on the frame.

• We also offer a one-month free service to be used one month after purchase, we offer this due to where the bicycle is new, we expect cables to stretch. We recommend bringing your new bike back to us after one month to get the most life out of your new bicycle.

Title:

• Title of the Goods shall pass to you when the Goods ordered are collected by yourself or by a person acting on your behalf. Any person acting for you at the point of collection must have proof of purchase and identity. When Goods are delivered to you, the title of Goods shall pass to you once you have received the Goods. The Cycle Emporium incorporating Winklebury Cycles cannot be held responsible for fraudulent use of your personal information by another party.

Liability:

• If the Goods we deliver are not what you ordered or are damaged or defective, we shall make our full and best effort to correct the situation before you depart from our store and take the title of the Goods. 

• If you experience any problems with the Goods after the contract is formed (at the moment of purchase and collection), you are protected by the full range of English Consumer Law and our Terms and Conditions do not cancel those Consumer Rights.

Use Of Goods:

• Any advice given by our members of staff throughout your experience with us is based entirely on information provided by you. Where advice is given by our team, such advice shall amount to an opinion only and we shall not accept liability for any inaccuracies therein. Goods supplied are supplied only to correspond to the purpose for which Goods of that kind are commonly supplied and not for any alternative uses to which they may be put. We shall accept no liability for any failure of Goods due to any such alternative use, amendment or modification.

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

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

Payment Terms:

• Please note that all website order payments are taken in full at the time of order, regardless of stock. The total price paid represents an amount to us for the supply of Goods. Reservations for in-store collection require full payment at the time of collection.

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

Events Beyond Our Control:

• We shall accept no liability in respect of any failure to supply Goods you have ordered or any in delay in doing so or for any damage or defect to Goods delivered that is caused by any event or circumstance beyond our reasonable control including: without limitation, strokes, lockouts and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident, acts of God, war or actions by third parties.

Third Party Rights:

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

Jurisdiction:

• These terms and conditions shall be governed by and interpreted in accordance with English Law and industry custom and practice, and the English courts shall have exclusive jurisdiction in respect of any claims or disputes (whether contractual or non-contractual) arising therefore.

Entire Agreement:

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

Privacy Policy:

• Please note: We value your privacy and therefore do not disclose information to third parties. Cookies are used on this shopping site only to keep track of the contents of your shopping cart once you have selected an item, and to store delivery addresses when you register. You may refuse to accept cookies by activating the setting on your browser, however, by selecting this setting you may be unable to access certain parts of our site. 

• When you pay for Goods, your details are passed through our payment service provider system purely for payment processing and anti-fraud purposes, for your protection. The Cycle Emporium incorporating Winklebury Cycles does not retain your card details.  

• We are committed to protecting your privacy. We will only use the information that we collect about you lawfully in accordance with Data Protection Law. We will collect any information given at the time of the ordering process only to enable us to input and process your order.

• If you wish to contact us regarding our privacy policy, please contact us.

Accuracy:

All orders you place on our website will be subject to our acceptance in accordance with these terms and conditions.

• The “confirmation” stage sets out the final details of your order. Following this, we will send you another email acknowledging the Goods you have ordered from. 

• Acceptance of your order and the completion of contract between you and us will take place when the Goods are collected/delivered.

• Please note that the price you pay for goods supplied by The Cycle Emporium incorporating Winklebury Cycles, is the price displayed on the website at the time we receive your order, apart from the following exception: 

Whilst we try and ensure all prices on our website are accurate, errors may occur. Should we discover an error in the price of Goods you have ordered, we will inform you as soon as possible. At this time, we would give you the option of reconfirming your order at the correct price, or cancel it with the money paid refunded. If we are unable to contact you, we will treat the order as cancelled. 

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

Complaints Procedure:

At The Cycle Emporium Incorporating Winklebury Cycles, we are committed to providing our customers with the best possible service. We take accountability and want to make sure we deliver on our promises, however we understand that sometimes things do not always go to plan, and we may need to put things right.

If things do not go to plan, or you are not satisfied with any product or service, we have provided; our internal complaint handling procedures are there to support you and recognise your concerns. We take all complaints seriously and value customer feedback so that we can improve our service levels and offer the most appropriate products. We always aim to investigate complaints quickly, to identify the root cause, prevent any recurrence and, wherever possible, resolve the complaint to the customer’s satisfaction. If our service does not meet our usual high standards, we will take action to rectify the issue.

Our details:

 Contact Name Gary Langron, 01256 331444. Unit 3, Champion House, Wella Road, Basingstoke, RG22 4AG. 

How long will it take?

Many complaints can be resolved quickly by a member of our team, but there may be occasions where we need more time to investigate and resolve your issue. We will respond to your written complaint in writing within 14 working days and let you know if we require further time to investigate.

Whilst your complaint is being investigated, you will receive updates on the progress of the investigation via email/telephone/post.

On the rare occasion that we are unable to resolve a complaint within eight weeks of receipt, we will write to you explaining the reasons for the delay and give you an indication of when we expect to be able to provide a resolution. At this point, if you are unhappy with the progress, you may refer your complaint to the Financial Ombudsman Service via the details we have provided below.

What to do if we can't reach an agreement:

We want to be able to resolve your complaint to your full satisfaction. However, if you feel our response to your complaint does not fully address all your concerns, please let us know, so we can see if we can provide any more assistance.

If you are not satisfied with our response to your complaint, you can refer the matter to the Financial Ombudsman Service. You must contact them within six months of the date of our final response letter to you.

They can be contacted in the following ways:

Post: Financial Ombudsman Service, Exchange Tower, London, E14 9SR

Telephone: 0300 123 9123

E-mail: complaint.info@financial-ombudsman.org.uk

Website: www.financial-ombudsman.org.uk

Vulnerable Customers:

The Cycle Emporium Incorporating Winklebury Cycles has a Vulnerable Customer Policy which is designed to ensure the way in which we act and conduct business does not have a detrimental impact upon vulnerable customers. Vulnerable customers are those whose ability or circumstances require us to take extra steps and precautions in the way that we sell and provide our services to ensure that they are not disadvantaged. 

Who are considered vulnerable customers? 

The Financial Conduct Authority (FCA) defines a vulnerable customer as “someone who, due to their personal circumstances, is especially susceptible to detriment, particularly when a firm is not acting with appropriate levels of care.” Our promise is to treat all our customers fairly and when dealing with people with any vulnerability we will take account of such vulnerability to ensure that the way that we sell and provide our services does not cause them detriment. 

Examples of vulnerable customers  

We recognise that certain groups of customers may be vulnerable. Whilst not all customers in these groups may be vulnerable, we will use our best endeavours to identify those customers who may be vulnerable. These groups may include, but are not restricted to: 

• Customers with communication difficulties (including language barriers).

• Customers with any form of disability.  

• Customer personal circumstances of the customer –financial difficulties, redundancy, serious illness, bereavement, caring responsibilities 

• The customers age - particularly older and younger people. For example, a younger person may be considered inexperienced, and the older person may be less technologically able.

• Anyone who suffers from stress, anxiety etc or anyone reduction in physical or mental capacity.

• A customer with any illness, whether physical or mental illness.

Identifying a vulnerable customer:

Our team should take steps to identify vulnerable customers and to provide any additional level of assistance they may require. Although it may be apparent in some cases, it might not be easy to identify needs in others so, if you believe you meet the criteria of a vulnerable customer, please let us know as soon as possible of any needs you may have, or any ways we can help. It really helps if you do this when first contacting us.  

Our teams have access to FCA guidance (https://www.fca.org.uk/publication/finalised-guidance/fg21-1.pdf). 

The Cycle Emporium Incorporating Winklebury Cycles, commitment to engaging with vulnerable customers. 

As soon we think we may be engaging with a vulnerable customer, either by identifying ourselves or a customer has told us, we will follow our 5 rules: 

• We provide extra opportunities for you to ask questions or seek further confirmation about the transaction or service we are providing. 

• We will continuously seek confirmation that you have understood the information, especially in cases of customer finance applications for example.  

• If we feel necessary, we may ask if there is anybody with you who can assist you, such as a family member or friend.  

• We won't rush!

• We will always offer extra opportunities to complete a transaction after further consideration. 

If for some reason we are unable to help, we commit to taking extra steps beyond our normal sales process to try and seek alternatives or point customers to where they can best seek a solution.

Electric Scooters:

UK Legislation: currently, it is illegal to use electric scooters on the public highway, including cycle paths and pavements. Legislation is currently under review following the Governments continued message of avoiding public transport as well as seeking “green” travel solutions. It is the complete responsibility of the customer to ensure that you operate your e-scooter within all local laws. The customer assumes all liability and risk associated with the use of electric scooter products.