T&Cs | Powerwatts

TERMS & CONDITIONS

1. THESE TERMS

1.1 These are the terms and conditions on which we supply our products to you, whether listed on our website at https://www.powerwatts.bike (our Website) or in store. These terms apply to sales to non-business customers only and some of these terms (where stated), apply to online sales only.

1.2 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 either of us may change or end the contract, what to do if there is a problem and other important information.

1.3 If you have any queries relating to these terms, please contact us through our Website

1.4 Your attention is particularly drawn to the provisions of clauses 10 (your cancellation rights), 13 (which sets out any additional liability you may have to us), 14 (which caps our liability to you) and our privacy policy on our Website (which sets out how we process the personal data you provide to us).

2. INFORMATION

2.1 Powerwatts UK
2.2 You can contact us by writing to us at info@powerwatts.bike or PowerWatts, Unit 16 Sealanes, Madeira Drive, Brighton BN2 1EN
2.3 We are committed to maintaining your privacy and the security of the personal data you provide to us. We will only take the personal data we need in order to process your order, we will communicate with you in the manner specified, and we will only contact you for marketing purposes with your permission. All personal data we take from you will be processed by us in accordance with our Privacy Policy, located at https://www.powerwatts.bike/privacy-policy Please take the time to read this as it sets out how we process your personal data, including where we send it and which third parties have access to it.

3. OUR CONTRACT WITH YOU

3.1 After you place an order, you will receive an email from us acknowledging that we have received your order (with a brief summary of the model, size and colour) and an estimated delivery date.
3.2 We will confirm our acceptance to you by sending you:
(a) for any product we make to your specification (including custom fit frames and custom built bicycles), an email that confirms that we have started making the relevant product (Order Confirmation); or
(b) for all other products, an email that the products have been dispatched (Dispatch Confirmation).
3.3 The contract between us will only be formed when we send you the Order Confirmation or the Dispatch Confirmation, as relevant.
3.4 It is your responsibility to check all details and aspects of your order are correct, particularly when we send you your order acknowledgement (described at 3.1); and that the goods are suitable for your requirements, including measurements, dimensions, and other product features. Unless otherwise explicitly agreed work will not proceed until a non-refundable deposit (amount notified to you) is paid to cover workshop labour, components, as well as specification, design and scheduling work. The balance will be payable to us, in full, on collection.
3.5 If we are unable to accept your order, we will notify you (either in writing or by telephone) and will not charge you for the product. This might be because the product is out of stock, because we have identified an error in the price or description of the product, we are unable to obtain authorisation of payment, or because we are unable to meet a delivery deadline you have specified.

3.6 We will contact you if there are any problems with your order and we reserve the right to reject any offer to purchase by you at any time.

4. OUR PRODUCTS

4.1 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 or the printed pictures in our website accurately reflects the colour of the products. Your product and its packaging may vary slightly from those images.

4.2 If we are making the product to measurements you have given us you are responsible for ensuring that these measurements are correct.

5. RIGHT TO MAKE CHANGES

5.1 If you wish to make a change to the product you have ordered then please contact us as soon as possible to let us know. We will let you know if the change is possible, but the sooner you tell us, the easier it is to make changes without additional time and cost. We will let you know about any changes to the price of the product, the timing for delivery or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to proceed.

5.2 We may make changes to our product to reflect any changes in applicable laws or regulations at any time. Where this occurs, we will notify you.

6. PRICE AND PAYMENT

6.1 Other than for orders where we require a deposit in advance (see 3.4), your order will only be processed once payment is made to us in full, in advance (whether through our Website or in store).

6.2 Where we are required to order in any parts not ordinarily stocked by us, we will require payment in full, in advance.

6.3 The total charges for the product(s) you order (VAT charged in addition unless stated otherwise) will be the price indicated on the order page when you place your order, or if you are purchasing in store then the price will be as displayed or notified. We take all reasonable care to ensure the price of product(s) is correct.

6.4 It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. Where the product has been incorrectly priced, we will notify you before accepting your order. Where this occurs, you may exercise your right to cancel the contract.

6.5 If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product (including delivery and installation costs) in full before the change in the rate of VAT takes effect.

6.6 We accept payment through our Website and in store through all major credit and debit cards.

6.7 In respect of bespoke orders, acceptance of the bespoke design must be confirmed by you in writing before we commence the work of having the goods or products made for you.

7. DELIVERY AND RISK

7.1 For all sales made through our Website, our available delivery options, timelines and applicable charges are listed on our Website for each item. The option you select will be added to the price you pay.

7.2 Where we custom build any product to your specifications, we will advise you of the estimated completion and delivery dates and correspond with, and update you throughout this process.

7.3 Delivery of an order shall be completed when we deliver the product(s) to the address you gave us or you collect them from us, or a nominated third party, and the products will be your responsibility from that time. You will own the product when you pay for it in full, cleared funds.

7.4 Where you order multiple items, we reserve the right to deliver the product(s) in instalments.

7.5 If the delivery date is not specified, we will deliver the products to you within 30 days by default.

7.6 If no one is available at your address to take delivery, our authorised carrier will leave you a note that the products have been returned to our premises or the authorised carrier’s depot, in which case, please use the contact details on the note to rearrange delivery.

7.7 You can collect your product(s) from our store at your convenience. Please let us know if there may be any delays with your collection, and we reserve the right to dispose of any unclaimed products after 30 days. A refund will be issued to you if you do not collect after this time, subject to a reasonable deduction of any storage and administration costs we have incurred.

7.8 For all custom-made products to your specifications, any refund for non-collection will only be issued to the extent we are able to recover any funds from any third party in connection with the onward sale or disposal. Any deposit paid to us in connection with a custom-made product will not be refunded in the event of non-collection.

7.9 If our delivery or installation 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.

8. CANCELLATION (IN-STORE)

8.1 If you purchase a product in store, you are only entitled to a refund on any product (custom made or otherwise) if there is something materially wrong with it (which you may be asked to demonstrate). In these circumstances, please return the product to our store, with your proof of purchase, within 30 days and we can offer you a refund, store credit, or a like-for-like exchange (at your discretion).

8.2 We reserve the right to refuse to offer any refund, credit or exchange to you where we do not consider (acting reasonably) that the relevant product is faulty or if you cannot otherwise verify you purchased the product from us (where it is not immediately obvious).

9. CANCELLATION (ONLINE)

9.1 For any purchases made through our Website (other than custom made purchases or builds – see clause 10), you have the following rights (in addition to your rights under clause 8).

9.2 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.

9.3 We may cancel the contract if:

(a) despite our reasonable efforts, we are unable to contact you to re-arrange delivery or collection;

(b) you do not make payment to us when it is due;

(d) the information you provide to us on request (to enable us to process your order) is inaccurate or incomplete (and we are unable to reach you in order to rectify it).

9.4 Other than for products custom made to order, you may cancel your order for any other product if:

(a) there is a risk of substantial delay in delivery, caused by an event outside of our control;

(b) the product is faulty or mis-described on delivery;

(d) you have simply changed your mind about the product.

9.5 For any products you order online (including custom made products), we will refund you in full for any products paid for, but not yet delivered to you if:

(a) we intend to alter the product (including the price) in a manner you disagree with;

(b) there is an error in the price or description of the product and you no longer wish to proceed;

(d) we intend to withdraw the product from sale for any reason.

9.6 Where you wish to cancel the contract, please let us know as soon as possible by telephone or email.

9.7 If we miss the delivery deadline, you may cancel your order if any of the following apply:

(a) we have refused to deliver the product(s);

(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances, where agreed); or

(c) if you do not wish to cancel your order straight away, or do not have the right to do so under this clause, you can give us a new deadline for delivery (which must be reasonable), and you can cancel your order if we do not meet the new deadline.

9.8 Where the product has been delivered to a UK address, you may cancel the contract for any reason within 14 days of delivery, and return the product(s) to us (free of charge) within 30 days of delivery for an exchange or refund. Where your product was shipped to a non-UK address, you may cancel the contract and return the product(s) to us, provided you pay the appropriate return delivery costs. Products can be returned via post or you can bring them in to our store, with confirmation of purchase.

9.9 If you do choose to cancel your order for late delivery, you can do so for just some of the products or all of them, unless splitting them up would significantly reduce their value. If the products have been delivered to you, you will have to return them to us or allow us to collect them.

9.10 All items (unless faulty) must be returned as new with all original packaging, tags and labels, and the item must be unused and undamaged. In the unlikely event that an item is returned to us in an unsuitable condition, we may have to reject the return.

10. CANCELLATION RIGHTS (CUSTOM MADE PRODUCTS)

Cancellation rights set out in clauses 8 and 9 (and refunds) do not apply to products that we have custom made to your specifications, or are otherwise personalised or tailored to your specific needs. This includes custom fit frames, custom paint finishes and custom hand built wheels. In these circumstances, we may offer to repair the relevant defect or fault (at no additional cost to you), or offer you a reduction or part-refund of the price (to reflect the difference in value between the product ordered and the product you receive).

11. REFUNDS

11.1 Refunds will be issued within 14 days and made by the same method you used for payment, subject to deduction of any applicable:

(a) return delivery costs (in accordance with the least expensive delivery method we offer for that product); and

(b) reduction in value of the product caused by you handling the products in a manner not permitted in a shop (whether the same is discovered on immediate or latent inspection).

11.2 No refund will be issued unless and until the relevant products are returned to us.

12. DEFECTIVE PRODUCTS

12.1 We are under a legal duty to supply products that conform to their description, are fit for purpose and are of satisfactory quality. As a result, you may also:

(a) receive a full refund if your goods are faulty and you notify us within 30 days of delivery;

(b) receive a full refund where your goods cannot be repaired or replaced within six months.

12.2 Nothing in these terms will alter or affect your legal rights under the Consumer Rights Act 2015 (where you deal with us as a consumer).

13. YOUR LIABILITY

If we are required to end the contract for any of the reasons set out in clause 9.3, we will refund any money you have paid to us in advance for the product we have not provided, but we may deduct or charge you reasonable compensation for the net costs we incur as a result of you breaking this contract.

14. OUR LIABILITY

14.1 If we fail to comply with these terms, or fail to use reasonable care and skill when performing this contract, we are responsible for any foreseeable non-business losses or damages you suffer as a result. Foreseeable loss includes losses that are either obvious or if, at the time the contract was made, both us and you knew it might happened (i.e. we discussed it with you during the sales process and accepted your order on this basis).

14.2 We do not exclude or limit our liability to you in any way that would be unlawful to do so. This includes liability for:

(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors;

(b) fraud or fraudulent misrepresentation;

(d) defective products under the Consumer Protection Act 1987.

14.3 We shall not be liable to you whether in contract, tort (including negligence) or breach of statutory duty for any loss of profit or any indirect or consequential losses arising under, or in connection with, any contract between us.

14.4 Our total liability to you for all other losses arising under or in connection with any contract between us whether in contract, tort (including negligence) or breach of statutory duty, for all claims (connected or unconnected) shall be limited to the total amounts paid by you for the products under that contract.

15. OTHER IMPORTANT TERMS

15.1 We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. If you are unhappy with the transfer you may contact us to end contract for supply of the product within 14 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.

15.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

15.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.

15.4 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.

15.5 These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

15.6 If you are unhappy with how we have handled a complaint in relation to a product you bought from us through our Website, you may want to contact the alternative dispute resolution provider we use. In these circumstances, you can submit a complaint at https://ec.europa.eu/consumers/odr. The ADR entity will not charge you for making a complaint and, if you are not satisfied with the outcome, you may still bring legal proceedings.