1. What are these Terms and Conditions?
1.1 These Terms and Conditions set out the terms on which Swish Cycles provides the Website and offers for sale any Goods to You and on which You agree to use the Website to make Orders. These Terms and Conditions apply to all Orders made via the Website.
1.2 Please review these Terms and Conditions carefully and make sure that You understand them before using the Website and/or making an Order. If You do not agree to these Terms and Conditions, You must cease use of the Website and must not make an Order through the Website.
1.3 The Consumer Protection (Distance Selling Regulations) 2000 apply to all Orders for Goods made through the Website where You pay upfront. Where You take out a Finance Package, the Consumer Protection (Distance Selling Regulations) 2000 do not apply. Please note that the cancellation and refund terms differ depending on whether You pay for Goods simultaneously with making an Order or whether you use a Finance Package.
2. What do capitalised terms mean?
2.1 Where we have used capitalised words in these Terms and Conditions, they mean the following:
“Account” means the account of a User with Swish Cycles which is created when a User registers with Swish Cycles by completing the registration form available on the Website;
“Cart” means the virtual shopping cart associated with Your Account on the Website which contains Goods selected by You for purchase;
“Customer” means any User who purchases Goods from Swish Cycles via the Website;
“Finance Package” means a 0% finance agreement taken out with our financing partner.
“Listings” means a summary on the Website of Goods containing without limitation an image of the product (or a similar product), a description of the product and a statement of the price of the product;
“Order” means any request by a User to purchase any Goods made by selecting one or more Listings, adding such Listings to Your Cart and making payment for the contents of Your Cart (as further detailed in clause 5);
“Swish Cycles”, “we” and “us” are references to N Plus Two Ltd which is a limited company with registered number 11365505 and registered address at Titan Storage Solutions, Forsyth Road, Woking, GU21 5RZ.
“Website” means any website published by Swish Cycles from time to time including without limitation the website at www.swishcycles.co.uk and its subdomains, any associated social networking profiles and any applications for mobile devices published by Swish Cycles from time to time.
“User”, “Your” and “You” means a user of the Website.
3. Acceptance of Terms and Conditions
3.1 By using the Website and/or making an Order, You accept and agree to be bound by these Terms and Conditions.
3.2 Swish Cycles may at any time modify these Terms and Conditions. We will notify You of any changes to these Terms and Conditions either by emailing You (at the email address entered by You into the registration form on the Website) and/or by posting a notice on the Website. By continuing to use the Website and/or making any Order after changes to these Terms and Conditions are made and notified to You, You agree to be bound by such changes.
3.3 You can review the most current version of our Terms and Conditions at any time by clicking on the “small print” link located at the bottom of the Website. It is Your responsibility to ensure that You are familiar with the current Terms and Conditions. You are advised to check the above link on a regular basis.
Part 1. Ordering Goods.
4. How to make an Order
4.1 Users may browse the Website for free and may view Listings without any obligation to make an Order.
4.2 If You wish to purchase Goods shown in a Listing, You may select the Goods by clicking “Add to Cart” on the Listing for the relevant Goods. The default setting for quantity of Goods shown in the Listing is generally (though not always) one item. You may change the quantity by changing the number in the “quantity” box on the Listing.
4.3 When You click the “Add to Cart” button on a Listing, the Goods shown in that Listing (in the quantity selected by You) will be transferred to Your Cart. You can view Your Cart at any time by selecting the Cart icon at the top right hand side of every page of the Website.
4.4 By adding Goods to Your Cart, You have not entered into any binding commitment. At any time prior to payment, You can delete any item from Your Cart by selecting the bin icon next to the relevant Goods in Your Cart.
4.5 When You have finished selecting Goods, You may select the “Checkout” button at the bottom of Your Cart.
4.6 You will be asked to log in to Your Account, or if You have not yet set up an Account, You will be asked to register with the Website. Once You have logged into Your Account (or have registered an Account with the Website), if you are paying by credit or debit card You will be redirected to the web page of our secure payment provider. You will be asked to enter Your credit or debit card details and to click “submit”. Depending on Your card provider, You may be redirected to a card verification page in which You will be asked to enter certain letters or numbers of Your secret password. This card verification page is operated by Your card issuer.
4.7 All credit card details are entered and stored securely by our secure payment provider. Swish Cycles will not see or receive Your credit or debit card details or the letters or numbers of Your secret code (to the extent that You are required to enter these). These will be viewable only by the payment provider and/or Your card issuer (as applicable).
4.8 When Your payment has been processed, You will receive a confirmation email from Swish Cycles.
4.9 On completion of the payment process which shall occur at the later of submission by You of Your credit or debit card details and (to the extent applicable) submission of the relevant letters or numbers of Your secret password, an Order will to have been made.
4.10 The cancellation and refund policies set out below shall apply to such Order.
4.11 Please note that we reserve the right to exclude certain Goods from certain Finance Packages. These can include Goods purchased using promotional coupons, reduced items and sale Goods.
5.1 We will endeavour to process Your Order within 24 hours of receipt of full payment for the Goods. If you choose to take out a Finance Package, You will have to complete additional documentation with the finance provider. This takes additional time and we will only be able to process Your Order once the finance provider has completed their documentation and checks. Finance Package Orders tend to be processed 5 to 10 days after the date of the Order.
5.2 Some Goods may have a long lead-time. For example, if a bike is a special order, there are no bikes in the country or we have to wait for a supplier to get delivery. In such circumstances, the finance payments make commence before You receive the Goods.
5.3 Delivery charges will be added at checkout.
5.4 We can deliver to Your residential address or work address. Goods will need to be signed for and You may be required to provide ID. Once signed for, Goods are Your responsibility. This does not affect Your statutory rights.
5.5 Orders paid for using a Finance Package can only be delivered to the billing address on the application for the Finance Package.
5.6 Swish Cycles cannot be held responsible for delivery failures by third parties. We will do everything we can to assist You to resolve the matter, but we will not pay compensation.
6. Returns and Cancellation
6.1 If You have paid for Goods up front and for any reason You are unhappy with Your Order, You can cancel Your Order within 7 days starting from the day You receive the Goods.
6.2 Where Goods are faulty or damaged in transit, You must take photos of the fault and send them to us at email@example.com. We will give You a returns number which you must state on both the inside and outside of the packaging used to return the Goods to us.
6.3 Where Goods do not fit or you do not like them, You must contact us at firstname.lastname@example.org. We will give You a returns number which you must state on both the inside and outside of the packaging used to return the Goods to us. We will deduct from any sums refunded to You £10.00 per item as a restocking fee.
6.4 You must return the Goods to Swish Cycles within 14 days of receipt for an exchange or full refund. You must send Goods to Swish Cycles, Titan Storage Solutions, Forsyth Road, Woking, GU21 5RZ.
6.5 If You have taken out a Finance Package, the Consumer Protection (Distance Selling Regulations) 2000 do not apply. We don’t think that this is fair and so we will permit You to cancel Your Order up until we have ordered Your Goods for You. This is usually 3-5 days after the date You make Your Order.
6.6 Where You have taken out a Finance Package, You have the right to a 14 day “cooling off” period. Where this applies, You must return the Goods to us unused and in a saleable condition within 7 days of notifying us of Your decision to cancel the Finance Package.
6.7 To return Goods, You must follow the instructions on the reverse of the delivery note that is supplied with Your Order.
6.8 All Goods must be returned to Swish Cycles with their original delivery note in their original packaging in an used and saleable condition in order for Swish Cycles to issue a full refund for the value of the Goods.
6.9 Refunds will only be credited to the original payment method used. The refund does not include any shipping or handling costs or administration fees charged for use of a credit card.
6.10 We strongly advise You to send all returned items by a secure signed for service. Any returned items must be insured for the full amount of the sum paid and signed for on delivery.
6.11 Swish Cycles shall not be responsible for any lost or damaged Goods. Therefore, You are advised to retain the proof of postage certificate for any Goods returned.
6.12 If You have opted to receive a refund Swish Cycles will credit the original purchaser’s credit/debit card for the sum paid within 24 hours of receipt of the returned Goods. Card refunds may take 2-3 working days to appear in Your account. If You have taken out a Finance Package which You have not cancelled, Swish Cycles will not refund any monies on return of the Goods and will repay any monies due to the finance provider.
7. Vouchers and Discounts
7.1 Swish Cycles offers three types of vouchers: gift vouchers, online offer vouchers and competition vouchers.
7.2 Swish Cycles gift vouchers can be bought online and can be used to purchase any item on the Website. In order to purchase a gift voucher:
(a) add the gift voucher(s) to Your Cart and purchase as normal;
(b) Your credit/debit card will be charged when we process the Order and generate the gift voucher. Please note – if You pay by PayPal Your money will be taken straight away; and
(c) we will send You an email with the gift voucher. You will not receive a gift voucher by post).
7.3 You can forward the email as a gift, or print-out the gift voucher and send that in the post. You can purchase more than one gift voucher and buy gift vouchers as well as other Goods in the same order. Gift vouchers can be used to purchase any Goods on our Website.
7.4 Unused portions cannot be re-used. The gift voucher can be used on a Cart value less than the gift voucher value. However this means that You lose the unused portion of the gift voucher.
7.5 You can only use one gift voucher per Order. Gift vouchers can be used on Finance Package Orders. Gift vouchers are valid for 12 months and are not redeemable for cash.
Online offers and newsletter vouchers
7.6 Only one online offer or newsletter voucher can be redeemed per person and/or per transaction.
7.7 Online offers and newsletter vouchers are not redeemable for cash. Refunds on Goods bought using online offers and newsletter vouchers will only be for the non-offer or voucher value.
7.8 If online offers or newsletter vouchers are redeemed against an Order value less than the offer or voucher value, the difference will not be refunded.
7.9 Unless specifically stated otherwise, online offers and newsletter vouchers are only valid on full price Goods purchases and may not be valid on some Goods.
Other online offers
7.10 To take advantage of any other online offer, add the qualifying Goods to Your Cart and the discount will be automatically applied to the total Cart value.
8.1 Swish Cycles may run competitions from time to time on the Website or in print media. Swish Cycles employees, their families, affiliated companies, agents or anyone professionally connected with the competition are excluded from taking part in Swish Cycles competitions.
8.2 Only one entry per person is allowed. Entries will only be accepted via the official entry format. Swish Cycles is not responsible for any lost or undelivered entries. Entry to any competition is limited to UK residents only.
8.3 All entries become the property of Swish Cycles. Entry to any competition signifies acceptance of the terms and conditions which include the competition instructions and rules.
8.4 Swish Cycles reserves the right to alter, amend or close the competition if necessary.
8.5 A list of winners will be posted on the Swish Cycles Blog .
8.6 Swish Cycles reserves the right to publish names of competition winners in relation to publicity.
8.7 In the event of any dispute, the decision of N Plus Two Ltd t/a Swish Cycles will be final.
8.8 Where the specific competition rules conflict with these terms and conditions then the specific competition rules will apply.
9. Price Match
9.1 Swish Cycles always keeps a close eye on the competition to make sure that we are offering the best possible price on all our great Goods.
9.2 However, price matching is a race to the bottom, so putting it simply, we don’t do it. Turnover is vanity, profit is sanity and let’s us feed our kids and keep bringing you, our customers, better and more innovative ways to enjoy bikes and cycling.
Part 2. Website Terms
10. Your Conduct
10.1 By downloading and/or using the Website, You agree not to upload, post, e-mail or otherwise send or transmit any material that contains viruses, Trojan horses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Website.
10.2 You agree and undertake to keep Your username and password confidential, not to disclose Your password to any other person and not to permit any other person to log in to the Website using Your username and password.
10.3 You agree not to interfere with the servers or networks connected to the Website or to violate any of the procedures, policies or regulations of networks connected to the Website, including these Terms and Conditions.
10.4 You also agree not to:
(a) attempt to reverse engineer or sell, export, license, modify, copy, distribute or transmit the Website to any third party, or jeopardize the correct functioning of the Website, or otherwise attempt to derive the source code of the software (including the tools, methods, processes and infrastructure) that enables or underlies the Website;
(b) attempt to gain access to secured portions of the Website to which You do not possess access rights;
(c) impersonate any other person while using the Website;
(d) conduct Yourself in a vulgar, offensive, harassing or objectionable manner while using the Website;
(e) resell or export the software associated with the Website;
(f) use the Website to generate unsolicited advertisements or spam; or
(g) use any automatic or manual process to search or harvest information from the Website, or to interfere in any way with the proper functioning of the Website.
11. Our Rights
In providing You with access to the Website, publishing Listings and permitting You to make Orders for Goods via the Website, Swish Cycles reserves the following rights, and in accessing, browsing or otherwise using the Website and/or making any Order via the Website You grant to Swish Cycles and agree that Swish Cycles shall have the following rights:
(a) the right to refuse or withdraw Your access to the Website in accordance with applicable laws for any reason at any time (with or without notice) if in Swish Cycles’ sole and absolute discretion You violate or breach any of these Terms and Conditions;
(b) the right to suspend, amend or disable Your Account without giving You notice or any reason;
(c) the right to remove or amend any Listing without giving You notice or any reason;
(d) the right to cancel any Order or amend in part any Order without giving You notice or any reason, save that in such circumstances Swish Cycles shall refund such part of the Order as has been cancelled by it;
(e) the right to amend or update the Website, prices of any Goods, any Listing, billing methods or these Terms and Conditions from time to time;
(f) the right to report You to the police or other judicial body if Swish Cycles believes in its sole and absolute discretion that Your conduct (whether in using the Website, making an Order for any Goods or otherwise) is or may be unlawful.
12. Intellectual Property
12.1 Swish Cycles and/or its licensor(s) are the sole owners of the Website, which includes any software, domains, and content made available through the Website.
12.2 The Swish Cycles brand and the Website are protected by UK and International copyright and other intellectual property laws. Without limitation, this means that You may not sell, export, license, modify, copy, distribute or transmit the Website (or any part of it) or any material provided through the Website without Swish Cycles’s prior express written consent.
12.3 Notwithstanding the foregoing, You may communicate links to specific Listings on the Website and/or link to such Listings only if You are a cycling blogger and/or journalist or with Swish Cycles’s prior written consent.
12.4 Any unauthorized use of the Website will result in the automatic termination of the limited license granted by us. Swish Cycles reserves the right to terminate the limited license without notice at any time following an unauthorized use by You of the Website.
12.5 Swish Cycles and its graphics, logos, icons and service names related to the Website are registered and unregistered trademarks or trade dress of Swish Cycles. They may not be used without Swish Cycles’s prior express written permission.
12.6 All other trademarks not owned by Swish Cycles that appear in connection with the Website are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Swish Cycles.
All online financial transactions through the Website take place on secure servers. We only use reputable payment gateway providers with robust security systems to process payments. Whilst we have implemented commercially reasonable technical and organisational measures to secure Your personal information from unauthorised use, we cannot guarantee that unauthorised third parties will never be able to defeat those measures. You acknowledge that You provide Your personal information at Your own risk.
14. Electronic Communications
By downloading and/or using the Website and/or viewing Listings and/or making any Order for Goods through the Website, You consent to receiving electronic communications and notices from Swish Cycles. You agree that any notice, agreement, disclosure or other communications that we send to You electronically will satisfy any legal communication requirements, including that such communications be in writing.
15.2 We are not storing any financial information and we are not sharing this information to 3rd party
16. No Warranty and Liability Limit
16.1 Swish Cycles provides Website “as is” and without any warranty or condition, whether express, implied or statutory. Swish Cycles specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement to the extent permissible under the Sale of Goods Act 1979 (as amended).
16.2 All Goods are offered subject to availability and we reserve the right to refuse any Order. Online prices may be different from in-store prices and our retail outlets may not carry the same stock and offers as are available online.
16.3 All sizes where quoted are approximate only. Colours may vary due to manufacturing runs and computer screen settings.
16.4 Swish Cycles assumes no liability or responsibility for any errors or omissions in the Website; any failures, delays or interruptions in the Website or in delivery of any Goods; any losses or damages arising from the use of the Website and/or any delay in delivery of any Goods and/or any errors in any Order and/or any Goods that are not of satisfactory quality or do not match the description of such Goods in the relevant Listing, save that on request Swish Cycles shall refund the price of such goods subject to the policy on returns detailed above; and any conduct by users of the Website.
16.5 Swish Cycles reserves the right to deliver the Website, to publish Listings and to facilitate Orders in its sole and absolute discretion.
16.6 In no event shall Swish Cycles, its shareholders, directors, officers, employees or agents be liable (jointly or severally) to You for loss of use or any special, incidental, indirect or consequential damages arising out of or in connection with the Website, the publication of any Listing, the placement by You of any Order, the delivery of any Goods, the failure in whole or in part to deliver any Goods or these Terms and Conditions, on any theory of liability, and whether or not advised of the possibility of damage.
16.7 Swish Cycles does not seek to exclude liability for death or personal injury caused by our negligence, or fraud or fraudulent misrepresentation on the part of Swish Cycles.
16.8 If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
16.9 From time to time You may use or access services, promotions and websites of third parties (including without limitation our payment provider). In using or accessing third party services, promotions and websites, You agree to be bound by the Terms and Conditions of such third parties governing their services, promotions and websites and hereby acknowledge that we shall not be responsible for the provision of services, accuracy of promotions or content of websites belonging or operated by third parties.
16.10 Swish Cycles specifically excludes liability for any loss, harm, distress or damage suffered by You or any third party as a result of inaccurate information appearing on the Website.
Part 3: General Terms
17.1 You agree that these Terms and Conditions and any claim, dispute or controversy arising out of in connection with these Terms and Conditions or their subject matter or formation (including non-contractual disputes or claims), the Website, Swish Cycles’s advertising or any related transaction between You and Swish Cycles shall be governed by and construed in accordance with English law.
17.2 Any dispute or claim arising out of or in connection with such matters (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.
Swish Cycles may change or discontinue the availability of the Website and at any time without prior notice. Swish Cycles reserves the right to terminate these Terms and Conditions for any reason, without notice, and these Terms and Conditions shall automatically terminate in the event that You violate any of the Terms and Conditions set forth herein (with prejudice to our accumulated rights against You). In the event of any termination, You will immediately cease use of the Website and will not make any Order.
19.1 These Terms and Conditions are agreed between You and us. No person shall have any rights under or connection with these Terms and Conditions under the Contracts (Rights of Third Parties) Act 1999.
19.2 If any court or competent authority decides that any term of these Terms and Conditions is held to be invalid, unlawful or unenforceable to any extent, such term shall, to that extent only, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by law.
19.3 Swish Cycles reserves the right to charge interest on any late payments at the rate of 7% per annum above the base rate of the Bank of England. Interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment.
19.4 Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section.
19.5 Our failure to enforce any provision of these Terms and Conditions shall not constitute a waiver of that or any other provision and will not relieve You from the obligation to comply with such provision.
19.6 You are not permitted to assign, transfer, charge, sub-contract or deal in any other manner with all or any of Your rights under these Terms and Conditions without our prior express written consent.
19.7 These Terms and Conditions set forth the entire understanding and agreement between You and Swish Cycles with respect to the subject matter hereof.
19.8 These Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England.
19.9 You irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms and Conditions agreement or their subject matter or formation (including non-contractual disputes or claims).
We are keen to know if you have any complaints about your experience with Swish Cycles. Please send all complaints to email@example.com. We endeavour to respond to complaints within 24 hours and all complaints are dealt with in the strictest confidence.