Terms and Conditions
1. www.freeborn.co.uk is a site operated by Haven Distribution Limited (“Freeborn” or “us”). Freeborn is registered in England and Wales under company number 123402269. Haven Distribution’s trading name is Freeborn, and we sell and supply bicycles and bicycle equipment, clothing and accessories in the course of our trade and business.
2. The buyer (“you”) shall mean any person, sole trader, partnership, business, body corporate or other entity detailed in the appropriate section of the sales invoice/order form and shall include all successors, heirs and assigns. Where a person deals entirely as a consumer, their legal rights shall remain unaffected. Any reference to you within these terms and conditions shall be as a consumer buyer unless specified as being a reference to a trade buyer.
3. The “Goods” shall mean the items detailed in the appropriate section of the sales/order form and it shall be a core term of the contract between us that any and all ancillary items are additional to such contract unless specifically detailed within the sales invoice/order form.
4. The “Price” shall mean the amount payable to Freeborn for the Goods plus VAT, and the amount paid to the delivery service provider for the supply of delivery services unless otherwise stated. You should note that prices quoted may vary during the currency of brochures (upwards or downwards) and current prices are quoted at the time of order. In respect of orders placed via the Internet, these shall not be accepted by us until confirmed in writing by us to you.
For orders placed by customers residing within the EU, prices include VAT charged at the rate applicable from time to time. VAT does not apply to orders that are to be shipped outside the EU or to the Channel Islands. However all Goods delivered to Jersey above a certain value (including delivery costs levied by a third party delivery service provider), will be subject to a ‘Goods and Service Tax’ (“GST”) depending on the value of the Goods. It is your responsibility to pay this GST. If the GST is not paid, the delivery service providers will be unable to deliver the Goods. Please note that local tax and customs duty may apply. For full details please consult your local Customs office.
5. These terms and conditions shall apply to all of our quotations, orders (including telephone orders) and contracts for the sale or supply of Goods by Freeborn. In respect of any sales of Goods to trade buyers, any other terms or representations, whether implied by statute, made prior to, collateral with or subsequent to the contract or order, are hereby excluded and shall not be binding upon us. In respect of consumer buyers, additional conditions shall only be binding upon us if confirmed in writing by us to you.
6. We reserve the right to amend technical or clerical errors in any order without notice. In addition, you shall ensure that all details contained within the order are correct and we shall not accept any liability for any error or inaccuracy in any order.
7. After placing an order, you will receive an email from us acknowledging that we have received your order for the Goods, and the delivery services you have requested from the delivery service provider. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to Freebornto buy Goods. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that the Goods have been dispatched by the delivery service provider (the “Dispatch Confirmation”). The contract between you and Freebornwill only be formed when we send you the Dispatch Confirmation.
8. The contract will relate only to those Goods whose dispatch (by the delivery service provider) we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Goods which may have been part of your order until the dispatch of such Goods has been confirmed in a separate Dispatch Confirmation.
9. You may cancel your contract with us for the Goods you order at any time up to the end of the 90th day from the date you receive the ordered Goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
10. To cancel your contract you must notify us in writing by email to email@example.com.
11. If you have received the Goods before you cancel your contract then you must send the Goods back to us at your own cost and risk. If you cancel your contract but we have already processed the Goods for delivery, you must not unpack the Goods when they are received by you and you must send the Goods back to us at your own cost and risk as soon as possible.
12. Once you have notified us that you are cancelling your contract, any sum debited to Freeborn (in respect of goods provided by us and delivery services provided by the delivery service provider) from your debit or credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the Goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the Goods delivered to you by the delivery service provider or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the Goods from the amount to be re-credited to you.
13. Similarly, any amounts debited from your debit or credit card in respect of delivery charges payable to the third party delivery contractors shall be re-credited to your account as soon as possible by the relevant delivery contractor or by us on their behalf.
14. You have a legal obligation to take reasonable care of the Goods while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
CANCELLATION BY FREEBORN
15. We reserve the right to cancel the contract between us if:
a. we have insufficient stock to deliver the Goods you have ordered;
b. the delivery service provider does not deliver to your area
c. one or more of the Goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers; or
d. we have reason to suspect that there is a risk of a fraudulent transaction.
If we do cancel your contract, we will notify you by email and will re-credit to your account any sum deducted by us (in respect of Goods provided by us, and delivery services provided by the delivery service provider (unless amounts in respect of delivery are refunded directly by the delivery service provider)), 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 offer any additional compensation for disappointment suffered.
16. All guarantees in respect of Goods are provided entirely by the manufacturers/UK importers and are subject to terms contained therein. You are reminded to complete all warranty cards/documents upon receipt of the Goods where appropriate.
17. Title to the Goods shall pass to you when the Goods ordered are collected on your behalf by the delivery service provider and leave our warehouse. In the event that sums owing in respect of other Goods ordered within a single order remain due, we shall apportion the sums owing for such Goods without prejudice to our right to retain title in respect of all Goods ordered.
18. Freeborn do not supply delivery services in respect of Goods sold to non-UK resident customers. If you require your Goods to be delivered to you, we will arrange delivery on your behalf with third party delivery service providers. Any amounts we receive from you in respect of delivery charges will be passed on to the third party delivery service providers used. If you want to you use your own delivery contractor you must notify us at the time of placing your order. If requested to arrange delivery of your Goods, we will arrange for the Goods ordered by you to be delivered to the address you specify for delivery at the time you make your order. Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of your order.
19. For orders placed by and delivered to customers resident in the EU but outside the UK, we will arrange delivery of your Goods on your behalf with third party delivery service providers at specially agreed discounted rates. Any amounts we receive from you in respect of delivery charges will be collected on behalf of the delivery service provider and remitted to them.
Please refer to the ‘Overseas Orders’ section of our website for details of the delivery options available.
20. For orders placed by and delivered to customers resident in the UK, we will arrange free standard delivery of your Goods on your behalf with third party delivery service providers.
Please refer to the ‘Delivery’ section of our website for details of the delivery options available.
21. Once Goods have been delivered to you or your agent, they will be held at your own risk and we will not be liable for their loss or destruction.
22. You must notify us in writing of any shortage, mis-delivery or other discrepancy in any Goods ordered immediately, or at the latest within five working days of such shortage, mis-delivery or other discrepancy, thereafter you shall be liable for any such shortage, mis-delivery or other discrepancy. Where we have arranged delivery on your behalf with a third party delivery service provider, any claims for loss or damage in transit should be made directly to the delivery service provider. We will assist you in making any such claim, or alternatively we can deal with such claim on your behalf, at your reasonable cost. You should retain all packaging in the event of a claim or return within the terms of these terms and conditions.
23. If your delivery address is outside of the EU, you may be required to pay import duties and taxes when your order reaches your country. These and any additional charges for customs clearance are your responsibility.
24. If the Goods we deliver are not what you ordered or are damaged or defective, we shall have no liability to you unless you notify us in writing at our head office (as set out above) of the problem within ten working days of the delivery of the Goods in question.
25. If any Goods are alleged to be damaged or defective, you must return such Goods to us for inspection and report (without any obligation on us to replace the said Goods prior to such inspection). You further confirm that it shall be reasonable for us to inspect, repair or replace (at our option) such defective Goods and allow manufacturers to undertake inspections so as to allow production methods to be modified. You further accept that it is reasonable to inform us of any interruption, defect or other failure prior to contacting independent third parties or incurring expense and to allow us to remedy the defect, failure or interruption.
26. If you notify a problem to us under clause 24, our only obligation will be, at our option:
a. to replace or repair any Goods that are damaged or defective; or
b. to refund to you the amount paid by you for the Goods in question in whatever way we choose.
27. 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 these terms and conditions 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 26 above.
28. 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. We make no representation and accept no liability in respect of the export or import of the Goods you purchase.
29. 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.
INSTALLATION AND USE OF GOODS
30. Any advice given by our agents or servants during telephone/Internet orders is based entirely upon information provided by you. Where advice is given after visual inspection by our agents or servants, such advice shall amount to an opinion only and we shall not accept liability for any inaccuracies therein. Goods supplied are supplied only to correspond to the purpose for which Goods of that kind are commonly supplied and not for any alternative uses to which they may be put. We shall accept no liability for any failure of Goods due to any such alternative use, amendment or modification.
31. You confirm that you shall comply with any and all rules relating to installation of the Goods and fully accept that we shall not be liable for any loss which results from forced, misdirected, inappropriate or unqualified installation of any Goods or not adequately maintained the Goods. Furthermore, we shall accept no liability for death or personal injury, unless caused directly by our own negligence.
32. Any Goods, or parts of them, that are modified or adapted by you or any third party shall no longer be warranted by the manufacturer nor shall we be liable for any failures resulting from any such modification or adaptation.
33. Any Goods specified as and supplied as ‘Competition Goods’ are supplied for specialist use and are subject to extreme wear and stress whilst in use. The life expectancy and durability of such Goods are greatly reduced and you should note that any claim for failure or wear shall be limited to that of the manufacturers’ guarantees. You agree that such use shall be a relevant circumstance for the purposes of the Sale of Goods Act 1979 (as amended). In addition, any parts connected to Competition Goods may be placed under stress and you should take advice from experts prior to purchase of such parts. You should also be aware that manufacturers may limit their guarantees when parts are installed for competition use.
34. Please note that all website and mail order payments are taken in full at the time of order, regardless of stock. The total price paid represents an amount to us for the supply of Goods, and an amount collected by us on behalf of the delivery service provider for the supply of delivery services
35. Quotations are given on the assumption that no variation in the Price will be made by the manufacturer/sole importer and that Government levies remain unaltered. In the event of such changes, the Price of any orders placed before the variation will remain the same and no further increases will be passed to you.
TEMPORARY OFFER RESTRICTIONS
36. Any temporary price reductions or offers of any kind may be removed or modified without notice. Any current season Cube, Specialized, Genesis, Saracen, Ridgeback or Devinci product will not be eligible for discount of any kind regardless of offers calculated at checkout, in writing or agreed verbally. For further clarification on how pricing errors are dealt with please see section 15 ‘cancellation by freeborn’.
EVENTS BEYOND OUR CONTROL
37. We shall accept no liability in respect of any failure to deliver Goods you have ordered or any delay in doing so or for any damage or defect to Goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident, acts of God, war or actions by third parties.
THIRD PARTY RIGHTS
38. Notwithstanding any other provisions of these terms and conditions, nothing in these terms and conditions shall confer, nor is it intended to confer, a benefit on any third party (for the purposes of the Contract (Rights of Third Parties) Act 1999 or for any other purpose).
39. These terms and conditions shall be governed by and interpreted in accordance with English Law and industry custom and practice, and the English courts shall have exclusive jurisdiction in respect of any claims or disputes (whether contractual or non-contractual) arising therefrom.
We are committed to protecting your privacy. We will only use the information that we collect about you lawfully in accordance with the General Data Protection Regulations 2016. We will collect any information given at the time of the ordering process only to enable us to input and process your order.
A. All orders you place on this website will be subject to our acceptance in accordance with these terms and conditions.
B. The ‘confirmation’ stage sets out the final details of your order. Following this, we will send you an email acknowledging the Goods you have ordered from us and the delivery services ordered from the delivery service provider. Please note this email is not an order confirmation or order acceptance from Freeborn.
C. Acceptance of your order and the completion of contract between you and us will take place on despatch to you by the delivery service provider of the Goods ordered, unless we have notified you that we do not accept your order or you have cancelled it.
D. Please note the Price you pay for Goods supplied by Freeborn, and the delivery service provided by the delivery service provider, is the price displayed on this website at the time we receive your order, apart from the following exception:
Whilst we try and ensure all prices on our website are accurate, errors may occur. Should we discover an error in the Price of Goods you have ordered we will inform you as soon as possible. At this time we would give you the option of reconfirming your order at the correct price or cancelling it with monies paid refunded. If we are unable to contact you, we will treat the order as cancelled.
E. All specifications are advised by the manufacturer, however these can be subject to change by the manufacturer at any time, without prior warning.