Terms and Conditions
- 1. Content Rights
- 1.1 Copyright
- 1.2 Visiting the website
- 1.3 Reproduction of material
- 1.4 Accuracy of content
- 1.5 Maintaining Accuracy
- 2. Product Details
- 2.1 Product/image representation
- 2.2 Product availability
- 2.3 Information on availability
- 2.4 Loss or damage
- 3. Your Account
- 3.1 Your responsibilities
- 3.2 Correct details provided
- 3.3 Login/password
- 3.4 Contacting us regarding breach of password
- 3.5 Payment method
- 3.6 Access rights
- 3.7 Force Majeure Event
- 4. Our Commitment
- 4.1 Placing an order
- 4.2 Delivery
- 4.3 Cancelling
- 4.4 Completion of contract
- 4.5 Returns
- 4.6 Refunds
- 4.7 Enquiries
- 4.8 Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
- 5. Privacy
- 5.1 Personal Information
- 5.2 How we use personal information
- 5.3 Third Party Service Providers Data Protection Act 1998
- 5.4 When to comply with the law – Sharing protocol
- 5.5 Secure Sockets Layer (SSL) Payment
- 5.6 Our commitment to personal information
- 6. Maintaining the Terms and Conditions
- 6.1 Reviewing the Terms and Conditions
- 6.2 Your Statutory Rights
- 6.3 Validity of the Terms and Conditions
Welcome to our website Brandedbiker.co.uk whereby we sell our products to you subject to the conditions set out on this page. All information on this website is being provided to you in good faith and as such is provided ‘as seen’ without any warranties of any kind, we do not accept any liability arising from any inaccuracy or omission in the information or interruption in availability.
This website is owned, copyrighted and operated by Julian Button Proprietor of J and B Motorcycles/www.brandedbiker.co.uk Registered Office: Unit 3 Holland Units, Redstone Industrial Estate, Boston, Lincolnshire PE21 8EA. VAT No: 679 1239 03. If you want to ask us anything about these Terms and Conditions or have any comments or complaints on or about our web site, please e-mail us at enquiries@brandedbiker.co.uk 24/7 or telephone us on 01205 356767 Monday to Saturday 9am – 5pm
To avoid any misunderstandings, please take a moment to read these Terms and Conditions; which govern the contract between us. By using the www.brandedbiker.co.uk website, you ‘the buyer’ have read, understand and signify your agreement to be bound by these conditions and as such should be fully aware of them.
1. Content Rights
1.1 The copyright and all other rights on the Web Site are owned by Julian Button of J and B Motorcycles or are included with the permission of the owner of the rights. All contents included on the web site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, with the compilation of all content, software suppliers on this website is the exclusive property of J and B Motorcycles/www.brandedbiker.co.uk; which is protected by the United Kingdom and International copyright and database right laws.
1.2 As a visitor to this website, you may download a single copy of the material for your own private viewing purposes only. No copying for distribution for any commercial or business use is permitted without our prior written consent.
1.3 You may not systematically extract and/or re-utilise parts of the contents, utilise any data mining, robots, or similar gathering and extraction tools to extract (whether once or many times), nor create and/or publish your own database that features substantial (e.g. our prices or product listings) parts of the website without J and B Motorcycles /Brandedbiker.co.uk’s express written consent.
1.4 Accuracy of content: Every care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and all products have been fairly described. However, orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on this website. All prices are inclusive of VAT (with the exception of motorcycle helmets, reference/information books such as manuals and atlas’ which are exempt). Prices are correct at the time of posting and are subject to alteration without notice and are subject to Errors and Omissions Excepted (E&EO). The weights, dimensions and capacities given are approximate only. Whilst every effort to display as accurately as possible has been made for the products that appear on the website, actual colours may vary dependant on your monitor, photographs issued by manufacturers/distributors as well as, batches during production. Therefore we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the product on delivery.
1.5 Making every effort to ensure that the information on this website is accurate and complete, we cannot always guarantee its accuracy and completeness. We would advise you to verify the accuracy of any information before relying upon it. We try to ensure that the availability of the website will be uninterrupted and that transmission will be error-free, due to the nature of the internet errors, interruptions and delays may occur in the service at any time this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. Whenever possible, we will provide advance warning on our website of any known or planned interruptions. We will keep the frequency and duration of any such suspension or restriction to a minimum so as not to cause too much inconvenience.
2. Product Details
2.1 The products displayed are not shown to actual size nor are their images binding as to detail, they have been prepared by manufacturers and are for guidance only. Some photographs are for illustration purposes only using generic images as supplied by manufacturers/distributors. Some products may appear slightly larger or smaller than actual size due to screen defaults and photography techniques. Other products may be represented at a larger than actual size in order to clearly show details, or smaller than actual size in order to show the entire item, and your attention is drawn to the product details and content where given. If the product you receive is materially different from the product details specified you shall be entitled to reject it without penalty.
2.2 All products are subject to availability. In the unlikely event of a change in the specification or quality or any unfortunate delay of the goods ordered we will offer you a substitute item of the same or better quality for the same price, which you shall be entitled to reject by returning the item within 7 days from the date the product has been delivered to you. We will refund the cost of returning any products that we have supplied as substitutes due to the goods or service originally ordered not being available.
2.3 We list availability information for products sold by us on the website, including on each product information page. We cannot be more specific on availability, please note that despatch estimates are just that. They are not guaranteed despatch times and should not be relied upon as such. As we process your order, we will inform you via email or telephone if any products you order turn out to be delayed or unavailable, we will then agree a deadline date with you up to a maximum of 30 days. If we are unable to meet the deadline date agreed we will then refund you all monies paid which will be made as quickly as possible and within a maximum 30 days.
2.4 The Company will not be liable to any person for any loss or damage which may arise from the use of the information contained in any of the materials on this website.
3. Your Account
3.1 If you use the website, you are responsible for maintaining the confidentiality of your account and password as well as any activities that occur under your account, and for restricting access to your computer to prevent unauthorised access to your account. Be sure to sign off when you finish using a shared computer.
3.2 Please ensure that the details you have provided us are correct and complete and inform us immediately of any changes to the information that you provided when registering with us. You can access and update much of the information you provided us with in the Your Account area of the website; please double-check your profile information after you make any changes so we can make sure to deliver merchandise and bill it according to your preference. Note: We deliver within the zones specified in section 4.2.
3.3 We recommend that you choose an easy to remember login name/password be selecting a combination made up of letters and numbers that others are not likely to guess.
3.4 Inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
3.5 Payment method is by the method specified on the website, which may include without limitation; credit or debit card by communicating your card details through Braintree/PayPal; which gives us a secure online payment gateway for card processing. Expiry Date on Payment Card: Please ensure that the expiry date of your payment card is after the anticipated despatch of your order. Bank transfer may be acceptable with permission, please contact us for further details.
3.6 The Company reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.
3.7 We will not be in breach of contract as a result of any Force Majeure Event which includes any delay or failure to perform our obligations as set out in these terms where such delay or failure to perform arises from circumstances beyond our reasonable control, including (without limitation) any Act of God, communications failure, death, destruction, fire, flood, strikes, riots, accident, disruption of energy supplies, civil commotion, acts of terrorism or war.
4. Our commitment
4.1 When you place an order with us to purchase any product we sell, we will send you an e-mail confirming receipt of your order along with receipt of payment and the details of your order, when we send you this order confirmation a legally binding contract will exist between us.
4.2 Delivery is usually within 1-5 working days any longer we will contact you either by telephone or email, at the request of the customer we will within reason despatch part orders if there is a delay with an item. All completed orders will go out same day, postage charge will be for orders under £30.00 Zone 1 UK Mainland only £6.99, for all orders in Zone 2 Scottish Highlands & Islands £9.99 will be charged. For orders £30 and over these will be free of charge in UK MAINLAND ONLY with the exception of those classed as hard to reach areas with the courier service provider (postage is paid by us as a goodwill gesture to you for items over £30 i.e. it is free but not included in the total price). WE DO NOT SHIP USING A THIRD AGENT OUT OF UK MAINLAND, WE WILL REFUND THE ORDER IN FULL SHOULD THIS BE THE CASE.
Delivery service used is normally by Royal Mail or our selected courier service provider, this is determined by weight or item and will be on consignee only, it will be at the discretion of the courier service provider how they leave the parcels within their own policy and procedures. Please bear in mind once the goods have left our premises we have no control over them. If you have a query with your parcel you can check your parcels progress with the parcel/recorded delivery number issued, then go online either through the Courier Service Provider used or Royal Mails website. Where goods are lost in transit we will either send out new goods or offer a full refund including any delivery charges paid.
4.3 Cancelling; you can cancel or amend any order placed with us provided that the order has not yet entered the despatch process, a refund will be given within 30 days of cancellation. You must confirm in writing either by email or letter that you wish to cancel your order, we cannot accept cancellations by telephone (it can be anybody on the other end). Your cancellation rights end 14 days upon receipt of your goods, if you do cancel whilst in receipt of the goods then you must make arrangements for the item(s) return within 14 days using our returns procedure, you are liable for the cost of returns. If you do not return the item(s) cancelled then we will charge you the direct cost of recovery under these terms and conditions. Products or orders that are custom works, periodicals, magazines, bike specific or special requests cannot be cancelled or returned.
4.4 Your order represents an offer to us to purchase a product which is accepted by us, it will be deemed as being complete when we send an e-mail confirming your order has been despatched.
4.5 Returns procedure; Under the Distance Selling Regulations we abide by, Consumers have 14 days from receipt to let us know it is coming back, then 14 days for it to arrive with us. The customer has a statutory duty to take reasonable care of the goods whilst in their possession, in the same condition as received certainly re-saleable in the very least. Please note clothing must be returned with all relevant tags attached. Certain items however, are exempt from being returned for health, safety and hygiene reasons, such as Motorcycle Helmets, Base Layers, Socks, Earplugs and bike specific parts that have been removed from packaging and attempted to be fitted. If you wish to return an item you must contact our customer services who will issue you a Returns Number and will be happy to advise you on the safest way to make your return, ensuring an accurate response to your request upon receipt. Any items returned must be returned with a covering letter with the Returns/Order Number issued explaining action required and that reasonable care, to ensure we receive the goods and so the goods are not damaged in transit is taken. If goods are received damaged we will take reasonable steps in claiming against you for breach of this statutory right. You will be liable for the cost incurred in returning the item to us, unless there is an error on our part or a manufacturing fault where the postage may be refunded to you (as postage is paid by us as a goodwill gesture to you for items over £30 i.e. it is free but not included in the total price). All returns must be done on a signed for basis (this can be either through the postal services or courier), as this ensures that we have received your item and can therefore process it quicker, after all postal services can inadvertently loose packages causing you the inconvenience in the long run. Returns may take up to five working days to process upon receipt of them. Once we have received the item(s) we will carry out an inspection informing you either by telephone or in writing of the outcome as soon as possible. If there is a warranty issue then it may be that we will have to send the item to our supplier for their immediate response with a repair, replacement or a refund, we will try to keep any inconvenience to a minimum as is possible, this will not affect your statutory rights in any way. Items received back after the 30 Day Period will not be eligible for an exchange or refund and the item will be returned to you.
4.6 Refunds will be made in the same form as the original purchase; you will be refunded within 14 days of receipt of goods or as soon as possible if the order has been cancelled and in any case within a maximum of 30 days at the latest. Please do bear in mind that although we have processed the refund the transaction occurs immediately from our account, but it can take anything between three to ten days for your card issuer to reimburse your account under their policy and procedures.
4.7 Enquiries you are under no obligation to purchase any product but you agree to be bound by these terms and conditions.
4.8 We will work alongside the Consumer Protection (Distance Selling) Regulations 2000, Amendment Regulations (SI 689/2005) and Electronic Commerce Regulations to protect your rights in confidently purchasing from this website. You have a cooling-off period of seven working days, you do not have to give reason for cancelling nor will you have to pay any penalties for doing so. Working days means all days other than Saturdays, Sundays and Public Holidays.
5. Privacy
5.1 Any personal information provided to Brandedbiker.co.uk will be treated with confidentiality and respect. We do not and will not sell information to third parties. Information you can easily access through your account would be up to date information regarding recent orders; personally identifiable information such as your name, email, password, communications, address and payment details.
5.2 We use the information to handle orders, deliver products and services, process payments, communicate with you about orders, products, services and promotional offers, update our records and generally maintain your accounts with us. We would also use the information to improve our store, prevent or detect fraud or abuses of our website and enable third parties to carry out technical, logistical or other functions on our behalf.
5.3 Third Party Service Providers: We employ other companies and individuals to perform functions on our behalf, this includes fulfilling orders, delivering parcels/packages, sending postal mail and email, analysing data, providing marketing assistance, providing search results and links, securely processing credit/debit card payments. They have access to personal information needed to perform their functions, but may not use it for other purposes. They must process the personal information in accordance with this privacy statement and as permitted by the UK’s Data Protection Act 1998.
5.4 We release account and other personal information when we believe release is appropriate to comply with the law. This includes exchanging information with other companies and organisations for fraud protection and credit risk reduction. This certainly does not include selling, renting, sharing or disclosing personally identifiable information from customers for commercial purposes.
5.5 We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you print. We reveal only the last four digits of your credit card numbers when confirming an order. Of course, we transmit the entire encrypted credit card number to the appropriate credit card company during order processing. We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of personally identifiable customer information under the GDPR regulations. Our security procedures mean that we may occasionally request proof of identity before we disclose personal information to you. Any queries regarding privacy on the website itself can be emailed via webmaster@brandedbiker.co.uk
5.6 All employees are briefed on the importance of personal data with security and confidentiality at all times of information obtained, we operate on a need to know basis in order for them to carry out their duties in processing your order. We have a dedicated team who monitor and log access so as to assist in detection and investigation of security breaches as with any attempted breaches where they occur.
6. Maintaining the Terms and Conditions
6.1 Our business changes constantly and our terms and conditions will change also; it is advisable that you should check our website frequently to see any recent changes.
6.2 The content of these terms and conditions will not affect your statutory rights, they are not intended to and do not create any contractual or other legal rights in or on behalf of any party.
6.3 If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
DELIVERY
This is usually within 1-5 working days any longer we will contact you either by telephone or email. At the request of the customer we will within reason despatch part orders if there is a delay with an item.
All completed orders will go out same day.
Postage charges can be seen in section 4: 4.2 for zone charges.
Delivery service used will normally be Royal Mail or our preferred courier service provider; this is determined by weight or criteria of item ordered.
Where goods are lost in transit we will either send out new goods or offer a full refund including any delivery charges paid.
RETURNS PROCEDURE
Consumers have a statutory duty to take reasonable care of the goods whilst in their possession, in the same condition as received certainly re-saleable in the least.
If you wish to return an item you may contact our customer services who will be happy to advise you on the safest way to make your return, ensuring an accurate response to your request upon receipt.
Any items returned must be returned with a covering letter explaining action required and that reasonable care, to ensure we receive the goods and so the goods are not damaged in transit is taken.
If goods are received damaged we will take reasonable steps in claiming against you for breach of this statutory right.
You will be liable for the cost incurred in returning the item to us, unless there is an error on our part or a manufacturing fault where we will then refund the postage to you.
All returns must be done on a signed for basis (this can be either through the postal services or courier), as this ensures that we have received your item and can therefore process it quicker, after all postal services can inadvertently loose packages causing you the inconvenience in the long run.
Returns may take up to five working days to process upon receipt of them.
Once we have received the item(s) we will carry out an inspection informing you either by telephone or in writing of the outcome as soon as possible.
If there is a warranty issue then it may be that we will have to send the item to our supplier for their immediate response with a repair, replacement or a refund, we will try to keep any inconvenience to a minimum as is possible, this will not affect your statutory rights in any way.
PAYMENT PROCEDURE
Payment method is by the method specified on the website, which may include without limitation;
Credit or debit card by communicating your card details through Protx; which gives us a secure online payment gateway for card processing. They have access to personal information needed to perform their functions, but may not use it for other purposes. They must process the personal information in accordance with this privacy statement and as permitted by the UK’s Data Protection Act 1998.
Bank transfer may be acceptable with permission, please contact us for further details.
Expiry Date on Payment Card: Please ensure that the expiry date of your payment card is after the anticipated despatch of your order.
We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you print.
We reveal only the last four digits of your credit card numbers when confirming an order.
We transmit the entire credit card number to the appropriate credit card company during order processing.
We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of personally identifiable customer information.
Our security procedures mean that we may occasionally request proof of identity before we disclose personal information to you.