These Terms and Conditions apply to the use of the OnYerBikeSeat website. By placing an order with us, you are agreeing to accept these Terms and Conditions.
Please note, these Terms and Conditions are subject to change at any time and without notice, and it is your responsibility to check these Conditions regularly before ordering products in case there are any changes. If you do not agree with the Conditions set out below, you should stop using the Website immediately. Placing your order with OnYerBikeSeat.com constitutes your agreement to follow and be bound by these Conditions.
OnYerBikeSeat.com is the UK website of Design Sensation Ltd, a limited liability company, The Old Sail Loft, Eel Pie Island, Twickenham, UK. Design Sensation Limited and its affiliates are referred to herein as “OnYerBikeSeat”, “us”, or “we.” The Conditions do not affect the rights you may have under any relevant statutory law.
No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.
PRODUCT ORDERNING: All orders placed through the Site are subject to OnYerBikeSeat.com acceptance, which is in its sole discretion. This means, among other things, that OnYerBikeSeat.com may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, in its sole discretion, and without liability to you or any third party. If your credit card has already been charged for an order that is subsequently cancelled, OnYerBikeSeat.com will issue a credit to your Paypal account. A confirmation email will be sent to the email address given in your order form and will detail products ordered, cost (including sales tax and S&H). You must check that all the details on this confirmation email are correct and contact us as soon as possible if any details are incorrect.
AVAILIBILITY: All orders are subject to acceptance by us and product availability. When an item is no longer available, we take reasonable steps to remove it from the website as soon as we can.
DISPLAY: We try to accurately display the colors of our products on the Site. However, the colors you see will depend on your monitor and its settings. We cannot guarantee that your display will be accurate. The prices displayed on this website are quoted in Pound Sterling. Prices are subject to change at any time. We do our best to ensure that all information about our products, including prices, is up-to-date and accurate. However, there may be occasions when information contained on our site may contain incomplete data, typographical errors, inaccuracies as to merchandise size, price, color or other matters, or an item that is no longer in stock. Any errors are unintentional and we apologize if any information on the site is inaccurate. We reserve the right to correct errors and to update product information at any time, including after you have placed your order.
PACKAGING: For inventory purposes, each item requested counts as an individual order. Wherever possible, we will attempt to combine multiple orders in one shipment and on one invoice. Due to inventory and packaging requirements, however, orders may be shipped over several days in multiple packages.
The stated delivery period within which you will receive your order is approximate. Goods will be sent to the address given by you in your order. If you are ordering more than one item, your goods may be sent to you in installments if certain items are out of stock.
For international orders you may have to pay import duties and taxes, which are levied once a shipment reaches your country. You must meet any additional charges for customs clearance. Please note customs policies vary widely from country to country. We recommend you contact your local customs office for further information prior to placing your order.
We accept payment via PayPal, you will be able to pay through your own PayPal, account or use your credit or debit card. If the issuer of your payment card refuses to authorize payment to us, we will not be liable for any delay or non-delivery.
RETURNS, EXCHANGES OR REFUNDS RETURNS: You must return the items to the address mentioned on your packing list. You will have to bear the costs of sending the items back, unless the return is due to damaged or faulty item, incorrect merchandise sent by us.
EXCHANGES: We are happy to exchange for the same¬ item products that are damaged, faulty or incorrectly shipped within 28 days from the date of the shipment. If you are not happy with your purchased items and would like to exchange for another, please send the item back with a note explaining what you would to exchange it for. If there is a price difference with the first item purchased, we will either credit your card back or ask you to pay additional funds.
REFUND: In case you were not pleased with your purchase, you can get a refund for the value of the product value. Items will be refunded or exchanged providing that you have not used the item; it is in the same condition as when you first bought it; and, you have taken reasonable care to ensure that any item is returned to us safely and not damaged in transit must be unused and send back to us within 28 days from the date of the shipment.
GOODS, PRICING AND AVAILABILITY
Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from OnYerBikeSeat.com correspond to the actual Goods, OnYerBikeSeat.com is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether.
Where appropriate, you may be required to select the required [size] [model] [colour] [number] [other features] of the Goods that you are purchasing.
OnYerBikeSeat.com does not represent or warrant that such Goods will be available. Stock indications are provided on the Website.
All pricing information on the Website is correct at the time of going online. OnYerBikeSeat.com reserves the right to change prices and alter or remove any special offers from time to time and as necessary.
In the event that prices are changed during the period between an order being placed for Goods and OnYerBikeSeat.com processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;
All prices on the Website does include VAT.
USING THE ONYERBIKESEAT WEBSITE
ACCESS AND INTERFERENCE: You promise to make only lawful use of the Site. You promise to make no use of the Site that violates anyone else’s rights, including copyright, trademark, trade secret, privacy or other rights. You agree that you will not: (i) use any spider, robot, scraper, intelligent agent or other automated data mining technique to access this Site, extract, copy, download, store, reproduce, distribute or post Content; (ii) interfere or attempt to interfere with the proper working of the Site or any other user’s use of the Site, (iii) insert any code or product or manipulate the Content in any way that affects any user’s experience of the Site; (iv) take any action that imposes or may impose, in OnYerBikeSeat.com sole discretion, an unreasonable or disproportionately large burden on our electronic infrastructure; or (v) bypass other measures OnYerBikeSeat.com may use to prevent or restrict access to this Site
TERMINATION: Either OnYerBikeSeat.com or you may terminate your Account. If OnYerBikeSeat.com terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
If OnYerBikeSeat.com terminates your Account, any current or pending purchases on your Account will be cancelled and will not be dispatched.
OnYerBikeSeat.com reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.
If purchases are cancelled for any reason prior to dispatch you will be refunded any monies paid in relation to those purchases.
If you terminate your Account any non-dispatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases.
INDEMNIFICATION: You agree to defend, indemnify and hold harmless OnYerBikeSeat.com and its officers, directors, owners, agents, employees affiliates, licensees and licensors from and against any and all claims, demands, liabilities, losses, damages, costs or expenses, including reasonable attorneys fees, due to or arising from or related to your use of the Site in violation of any of the Terms.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
If you are dissatisfied with the Site, any Contents, or any of the Terms, we would like to hear from you. However, your only legal remedy is to stop using the Site.
WARRANTY DISCLAIMER: OnYerBikeSeat.com makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
No part of this Website is intended to constitute a contractual offer capable of acceptance.
Whilst OnYerBikeSeat.com uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
LIMITATION OF LIABILITY: OnYerBikeSeat.com shall not be liable for any damages related to your use of or inability to use this site, damages for personal injury, property damage, or other economic or noneconomic losses whether based on contract, warranty, negligence, product liability, or any other theory of relief, including without limitation direct, indirect, incidental, special, compensatory or consequential damages, lost profits or loss of or damage to property, even if OnYerBikeSeat.com has been advised of the possibility of such damages.
In the unlikely event that you receive goods which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, we shall make good any shortage or non-delivery, replace or repair any damaged or defective goods, or refund to you the amount you paid for the goods in question provided that you notify us of the problem in writing at the address stated in the confirmation email within 10 working days of delivery of the goods plus return the goods to us, unless we inform you that return is not necessary. This provision does not affect your statutory rights.
Some states do not allow certain limitations on implied warranties or on damages, so some of the above exclusions may not apply to you. OnYerBikeSeat.com does not warrant that your use of the Site, the operation of the Site or any services offered on the Site will be uninterrupted or error free, that defects will be corrected, or that the Site is free of viruses or other harmful elements.
If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. We shall be under no obligation to fulfil an order for a product that was advertised at an incorrect price. In the event that you order an item and the price published on OnYerBikeSeat.com is incorrect for any reason, we will email you to inform you that we have not accepted your order, and that your order has been cancelled. You will be advised of the correct price of the subject product. You may re-order it if you wish. If you have already paid for the goods in the circumstances described in this clause, we shall refund the full amount within 30 days of the date of order. Should you choose to re-order at the correct price, a separate transaction will be posted to your credit card.
THIRD PARTY RIGHTS: Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and OnYerBikeSeat.com.
COMMUNICATIONS: All notices / communications shall be given to us either by post to our Premises (see address above) or by email to OnYerBikeSeat.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
OnYerBikeSeat.com may from time to time send you information about our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from us.
LAW AND JURIDICTION: These Terms and Conditions and the relationship between you and OnYerBikeSeat.com shall be governed by and construed in accordance with the Law of England and Wales and OnYerBikeSeat.com and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales
MISCELLANEOUS: If any provision of these Terms, or any portion thereof, is found to be void, unlawful or otherwise unenforceable for any reason, it shall be enforced to the maximum extent permissible so as to affect the intent of the Terms, and the rest of the Terms shall remain in full force and effect. No waiver of any past or present right arising from any breach or failure to perform shall be deemed to be a waiver of any future right arising under these Terms. These Terms are the entire agreement between you and OnYerBikeSeat.com concerning your use of this Site. These Terms supersede and cancel any prior written or oral agreement between you and OnYerBikeSeat.com relating to the Site, which shall have no further force or effect. All rights not expressly granted herein are reserved. If you have any questions in connection with this Agreement, please send a written inquiry to OnYerBikeSeat.com, The Old Sail Loft, Eel Pie Island, Twickenham, TW1 3DY, UK.
AVAILABILITY OF THE WEBSITE
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
OnYerBikeSeat.com accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
We try to respond promptly to email messages from customers and visitors to our site. However, we are under no obligation to respond to such messages, to maintain such messages in confidence, or to pay for such comments or submissions. Please be advised that all emails, comments, feedback, suggestions, ideas and other information disclosed or submitted to us will become our property. By submitting any email or correspondence to us, you thereby release all proprietary claims and intellectual or other property rights therein.
You agree that we may use and/or disclose information about you, such as demographics or your use of this site, in any way without revealing your personal information or identity. By taking part in promotions, contests or sweepstakes offered on the site, or by requesting promotional information or product updates, you agree that we may use your information for marketing and promotional purposes.
You are responsible for your communications and all consequences of their submission to us. Please do not: transmit to us material that is copyrighted by a third party, without that party’s permission; send material that reveals trade secrets without permission of the owner of those trade secrets; send material that infringes on any third party’s intellectual property rights without that party’s permission; send material that is threatening, harassing, defamatory, obscene, hateful, abusive, defamatory or embarrassing to any other party; send sexually explicit images; send advertisements or solicitations; send chain letters or pyramid schemes; or impersonate another person. If you violate these provisions, or if we think you have violated them, we reserve the right to expel you from the site and prevent your future use of the site.
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.