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
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
In these Terms and Conditions the following terms shall have the meanings set out below:
1. "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.
2. "Buyer" shall mean any person, partnership or body corporate detailed in the appropriate
section of the sales invoice/order form/delivery note.
3. "Goods" shall mean the item/s detailed in the appropriate section of the sales invoice/order
4. "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.
5. "Working day" shall mean any day excluding Saturdays, Sundays and public holidays.
6. "Calendar day" shall mean any day including Saturdays, Sundays and public holidays.
General email: firstname.lastname@example.org Telephone number: 01751 474220.
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conditions may be superseded by expressly designated legal notices or terms located on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
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.
3.1 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.
4.1 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
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
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
6.1 This section applies to consumers only (and not to businesses or other organisations) who
6.2 If you wish to cancel your order:
(a) you can notify us by email to email@example.com before we have dispatched
the goods to you; or
(b) where goods have already been dispatched to you, by notifying us in writing either at
our registered address or by emailing firstname.lastname@example.org 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 email@example.com 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 the 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.
7.1 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
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.
8. SERVICE ACCESS
8.1 While we endeavour to ensure that this Website is normally available 24 hours a day, we
will not be liable if for any reason this Website is unavailable at any time or for any period.
8.2 Access to this Website may be suspended temporarily and without notice in the case of
system failure, maintenance or repair or for reasons beyond our control.
9. VISITOR MATERIAL AND CONDUCT
any material you transmit or post to this Website will be considered non-confidential and
non-proprietary. We will have no obligations with respect to such material. We and our
nominees will be free to copy, disclose, distribute, incorporate and otherwise use such
material and all data, images, sounds, text and other things embodied therein for any and
all commercial or non-commercial purposes.
9.2 You are prohibited from posting or transmitting to or from this Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive,
pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous,
inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may
cause annoyance or inconvenience;
(b) for which you have not obtained all necessary licences and/or approvals;
(c) which constitutes or encourages conduct that would be considered a criminal
offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights
of any third party, in the UK or any other country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic
bombs, Trojan horses, worms, harmful components, corrupted data or other malicious
software or harmful data).
9.3 You may not misuse the Website (including, without limitation, by hacking, impersonating
any person or entity or falsely misrepresent your affiliation with a person or entity, 'stalk' or
harass another or collect or store personal data about other users).
9.4 We will fully co-operate with any law enforcement authorities or court order requesting or
directing us to disclose the identity or locate anyone posting any material in breach of
clauses 9.2 or 9.3.
9.5 It is your responsibility to determine that your input into our site, including use of any chat
room areas of our site, including your choice of your user name, conforms to the above
conditions. Remember that the site and your content may be accessed by children.
9.6 If you notice any content which breaches these conditions, please notify us by email
10. LINKS TO AND FROM OTHER WEBSITES
10.1 Links to third party websites on this Website are provided solely for your convenience. If
you use these links, you leave this Website. We have not reviewed all of these third party
websites and do not control and are not responsible for these websites or their content or
availability. We therefore do not endorse or make any representations about them, or any
material found there, or any results that may be obtained from using them. If you decide to
access any of the third party websites linked to this Website, you do so entirely at your
10.2 If you would like to link to this Website, you may only do so on the basis that you link to,
but do not replicate, the home page of this Website, and subject to the following
(a) you do not remove, distort or otherwise alter the size or appearance of the Big Bear
Bikes Ltd logo;
(b) you do not create a frame or any other browser or border environment around this
(c) you do not in any way imply that we are endorsing any products or services other
than our own;
(d) you do not misrepresent your relationship with us nor present any other false
information about us;
(e) you do not otherwise use any Big Bear Bikes Ltd trademarks displayed on this
Website without our express written permission;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful, offensive or controversial,
infringes any intellectual property rights or other rights of any other person or otherwise
does not comply with all applicable laws and regulations.
We expressly reserve the right to revoke the right granted in this clause 10.2 for breach of
these terms and to take any action we deem appropriate.
10.3 You shall fully indemnify us for any loss or damage we or any of our group companies
may suffer or incur as a result of your breach of clause.
11.1 While we endeavour to ensure that the information on this Website is correct, we do not
warrant the accuracy and completeness of the material on this Website. We may make
changes to the material on this Website, or to the products and prices described in it, at
any time without notice. The material on this Website may be out of date, and we make no
commitment to update such material.
11.2 The material on this Website is provided “as is” without any conditions, warranties or
other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide
you with this Website on the basis that we exclude all representations, warranties,
conditions and other terms (including, without limitation, the conditions implied by law of
satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but
for these terms and conditions might have effect in relation to this Website.
12.1 We, any other party (whether or not involved in creating, producing, maintaining or
delivering this Website), and any of our group companies and the officers, directors,
employees, shareholders or agents of any of them, exclude all liability and responsibility
for any amount or kind of loss or damage that may result to you or a third party (including
without limitation, any direct, indirect, punitive or consequential loss or damages, or any
loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising
from or connected in any way to business interruption, and whether in tort (including
without limitation negligence), contract or otherwise) in connection with this Website in any
way or in connection with the use, inability to use or the results of use of this Website, any
websites linked to this Website or the material on such websites, including but not limited
to loss or damage due to viruses that may infect your computer equipment, software, data
or other property on account of your access to, use of, or browsing this Website or your
downloading of any material from this Website or any websites linked to this Website.
12.2 Nothing in these terms and conditions shall exclude or limit our liability for (i) death or
personal injury caused by negligence (as such term is defined by the Unfair Contract
Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any
liability which cannot be excluded or limited under applicable law.
12.3 If your use of material on this Website results in the need for servicing, repair or
correction of equipment, software or data, you assume all costs thereof.
12.4 You agree, on behalf of yourself and your business entity or organisation, jointly and
severally to indemnify us fully, defend and hold us, and our officers, directors, employees
and agents, harmless from and against all claims, liability, damages, losses, costs
(including reasonable legal fees) arising out of any breach of the terms and conditions by
you, or your use of this Website, or the use by any other person using your registration
13. GOVERNING LAW AND JURISDICTION
13.1 These terms and conditions shall be governed by and construed in accordance with
English law. Disputes arising in connection with these terms and conditions shall be
subject to the exclusive jurisdiction of the English courts where the claim is brought by you,
save where you have legal rights to bring any claim in respect of such a dispute in any
other jurisdiction. We nevertheless retain the right to bring proceedings against you for any
threatened or actual breach of these terms and conditions in your country of residence,
registration or business or any other relevant country.
13.2 We do not warrant that materials, services or information for sale on the Website are
appropriate or available for use outside the United Kingdom. It is prohibited to access the
Website from territories where its contents are illegal or unlawful. If you access this
Website from locations outside the United Kingdom, you do so at your own risk and you
are responsible for compliance with local laws.
14.1 You may not assign, sub-license or otherwise transfer any of your rights under these
terms and conditions
14.2 If any provision of these terms and conditions is found by any court of competent
jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the
remaining provisions which shall continue to have full force and effect.
14.3 No person other than the parties to these terms and conditions are intended to benefit
from them pursuant to the Contracts (Rights of Third Parties) Act 1999.
15. PRODUCT SPECIFICATION
As with any product, specification is subject to change without prior notification. You are
advised to confirm current specification before buying.
Please be aware that while we do our best to display current specification as accurately as
possible, there can be slight errors in specification.
Please note, where bike weights are shown, this is only an approximate weight supplied by
the manufacturer, and each individual bike can vary. Bike weights are usually based on a
Bike sizing where shown in cms or inches (") are rounded to the nearest full cm or half an
inch. Please be aware slight mistakes can occur here, you are advised to email or
telephone us for more exact measurements.