WELCOME TO THE BIG BEAR BIKES LTD WEBSITE TERMS AND CONDITIONS FOR USE. THESE TERMS AND CONDITIONS APPLY TO THE USE OF THIS WEBSITE AT www.bigbearbikes.co.uk

BY ACCESSING THIS WEBSITE AND/OR PLACING AN ORDER, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US OR ORDER FROM US. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE.

In these Terms and Conditions, the following terms shall have the meanings set out below:

• "Seller", "Us", "Our" shall mean Big Bear Bikes Limited, trading at The Co-Op Building, 2 Southgate, Pickering, North Yorkshire YO18 8BL. VAT NO. GB 944 0542 34, Company Registration Number 07437661.
• "Buyer" shall mean any person, partnership or body corporate detailed in the appropriate section of the sales invoice/order form/delivery note.
• "Goods" shall mean the item/s detailed in the appropriate section of the sales invoice/order form/delivery note.
• "Price" shall mean the sum due to the Seller from the Buyer for the Goods and shall include VAT at the appropriate rate unless otherwise stated.
• "Working day" shall mean any day excluding Saturdays, Sundays, and public holidays.
• "Calendar day" shall mean any day including Saturdays, Sundays, and public holidays.

General email: shop@bigbearbikes.co.uk Telephone number: 01751 474220.

1. INTRODUCTION

• 1.1 We may revise these terms and conditions at any time by updating this posting. You should check this Website from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.
• 1.2 If you have any concerns about material on our site, please contact us by email at customercare@bigbearbikes.co.uk

2. ORDERING FROM US

• 2.1 You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process, you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered.
• 2.2 Our acceptance of an order takes place when we dispatch the order. When we dispatch the order the purchase contract will be made unless we have notified you that we do not accept your order or you have cancelled your order.
• 2.3 We may refuse to accept an order:
  • (a) where goods, services or information ordered by you are not available;
  • (b) where we cannot obtain authorisation for your payment;
  • (c) if there has been a pricing or product description error;
  • (d) if you do not meet any eligibility criteria set out in our terms and conditions; or
  • (e) if we do not deliver to your area;
• Where we do not accept your order but have processed your payment, we will re-credit your account with any amount deducted 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 pay any additional amount as compensation for disappointment.
• Please note: We do not take payment for orders until they are ready for dispatch, however as part of the secure checkout process, your payment card will be pre-authorised for the amount of your transaction.

3. PRICING

• 3.1 All prices include VAT (where applicable) at the current rates.
• 3.2 Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rate will be displayed to you prior to you placing your order.
• 3.3 Our prices are reviewed regularly.

4. DELIVERY

• 4.1 We will deliver goods ordered by you as soon as possible to the address you give us for delivery, within 28 days of your order except where we contact you to inform you of delays.
• 4.2 Where we inform you of delays, you will have the right to cancel your order or accept our revised projections for delivery.
• 4.3 We will inform you by email at the point when your goods are dispatched.
• 4.4 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing, at our contact address, of the problem within 10 working days of the delivery of the goods in question.
• 4.5 If you do not receive goods ordered by you within 28 days of our notification of dispatch, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 days of our maximum delivery period of 28 days from the date on which we informed you that we had dispatched the goods.
• 4.6 You will be required to sign for goods in most circumstances.
• 4.7 You are required to check goods immediately upon receipt to check for signs of delivery damage and, where you believe damage has occurred, you must mark the delivery drivers paperwork to indicate that the goods are "damaged" or, where the goods are substantially damaged, refuse delivery completely and contact us immediately on 01751 474220. It is very difficult for us to claim against our courier's insurance if you have signed to accept the goods.

5. LIABILITY

• 5.1 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 working days of the delivery of the goods in question.
• 5.2 If you do not receive goods ordered by you within 28 days of the receipt of the notification of dispatch, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 38 days of the receipt of the notification of dispatch.
• 5.3 If you notify a problem to us under condition 5.2, our only obligation will be, at your option:
  • (a) to make good any shortage or non-delivery;
  • (b) to replace or repair any goods that are damaged or defective; or
  • (c) to refund to you the amount paid by you for the goods in question in whatever way we choose.
• 5.4 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 5.3(c) above.
• 5.5 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
• 5.6 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

6. CANCELLATION OF CONTRACTS FOR GOODS AND RETURNS POLICY - FOR CONSUMERS ONLY

• 6.1 This section applies to consumers only (and not to businesses or other organisations) who order goods.
• 6.2 If you wish to cancel your order:
  • (a) you can notify us by email to shop@bigbearbikes.co.uk before we have dispatched the goods to you;
  • (b) where goods have already been dispatched to you, by notifying us in writing either at our registered address or by emailing shop@bigbearbikes.co.uk and subsequently returning goods to us in accordance with clause 6.3 below.
• 6.3 You can change your mind and return goods you have ordered from us for any reason at any time within 7 working days of receipt, commencing the day after delivery, for a full refund or exchange, subject to the following:
  • 6.3.1 You must inform us in writing of your cancellation, at our registered address or by emailing shop@bigbearbikes.co.uk within 7 working days, commencing the day after your receipt of the goods.
  • 6.3.2 You must return the goods to us at your expense, to be received by us within 14 calendar days of issuing your written notice of cancellation.
  • 6.3.3 You must take reasonable care of the goods whilst they are in your charge.
  • 6.3.4 You accept full responsibility for the goods until they are received by us, in a satisfactory condition, and are therefore advised to employ a "signed for" and insured delivery service when returning goods.
  • 6.3.5 Where goods are not received by us within 14 calendar days of your notice, we reserve the right to collect goods from your premises at your expense, the cost of which will be advised to you, and you are required to make the goods available for our collection on a mutually convenient day within the following 10 working days (Saturdays and Sundays are NOT working days).
• 6.4 We will issue a refund of the purchase price of the goods and any associated initial delivery costs or an exchange credit as required, less (if for any reason these costs have not been paid by you) the costs of delivery to us within 30 calendar days of the receipt of your notice of cancellation, or upon receipt of the goods, whichever is soonest.
• 6.5 The rights to return the goods to us as referred to in clause 6.3 will not apply in the following circumstances:
  • in the event that the product has been used or fitted save for your need to assess the product for suitability;
  • to any products that we have made or customised specifically for you;
  • to any products that by their nature have a limited lifespan, such as food;
  • to any product where packaging seals have been broken where the seal is required to maintain the product.
• The provisions of this clause 6.5 do not affect your statutory rights.

7. LICENCE

• 7.1 You are permitted to print and download extracts from this Website for your own use on the following basis:
  • (a) no documents or related graphics on this Website are modified in any way;
  • (b) no graphics on this Website are used separately from accompanying text; and
  • (c) any of our copyright and trademark notices and this permission notice appear in all copies.
• 7.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with clause 7.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
• 7.3 Subject to clause 7.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
• 7.4 Any rights not expressly granted in these terms are reserved.