KIT CARRIER TERMS AND CONDITIONS and Website terms of Use
This document contains information about us and the legal terms and conditions (Terms) on which we provide our services (Services) listed on our website (site) to you.
These Terms will apply to any contract between us for the provision of our Services to you (Contract) and your use of our site. Please read these Terms carefully and make sure that you understand them before ordering any Services from us. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Services through our site.
You should print a copy of these Terms or save them to your computer for future reference.
We may amend these Terms from time to time and will inform you by email of any significant changes made.
Every time you order any Services from us, the Terms in force at the time of your order will apply to the Contract between you and us.
1. SERVICE PROVIDER INFORMATION
1.1 We operate using the business name Kit Carrier, through the website kitcarrier.com. Our office is based at: Kit Carrier, Flat 1, The Olde Forge, 53 High Street, Ingatestone, Essex CM40AT.
1.2 If you wish to contact us for any reason, including because you have any complaints, you can contact us by e-mailing admin@kitcarrier.com
1.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the billing address you provide to us in your order.
2. CONTRACT FORMATION BETWEEN YOU AND KIT CARRIER
2.1 The ‘Book Online’ booking pages on our website will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
2.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order, payment and our acceptance of it (Order Confirmation). At this point a contract is formed between us.
2.3 If we are unable to supply you with the Services you have ordered, we will inform you of this by e-mail or by telephone and we will not process your order.
2.4 We reserve the right to reject any offer to purchase our Services by you at any time and at our sole discretion.
3.1 Subject to the remainder of this clause, the prices of the Services will be as quoted on our site at the time you submit your order.
3.2 Prices for our Services may change from time to time, but changes will not affect any order you have already placed.
3.3 The price of a Service is always quoted in Pounds Sterling and includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being.
3.4 The description of each Service, sets out what the price of the Service includes so please check these details carefully.
4. PAYMENTS
4.1 You can pay for Services on our website using a debit card or credit card, or via PayPal. PayPal accepts the following cards: Visa, MasterCard, Delta/Connect, Maestro and American Express. if you require to pay by Direct Bank Transfer, please get in touch to complete the process and request the relevant bank details.
4.2 Your online purchases are processed by a third party using appropriate methods of internet security technology.
5. HANDLING OF YOUR BIKE AND ACCESSORIES
5.1 We will agree and confirm the collection and return date of your bike with you over email. We endeavour to have all details regarding collection and returns finalised within 2-4 weeks of your event. If you do not receive or collect the bike from us on the agreed return date, we reserve the right to charge you storage fees and ultimately to dispose of the bike if it has not been collected from us within one month of the agreed time for return.
5.2 All bike collections on the outward leg must be undertaken as specified and agreed prior to your event. You are responsible for ensuring that there are no narcotics or banned substances packed with your equipment. If this is the case, we will not be responsible for confiscation at border points.
5.3 We will transport your bike fully assembled or with only the front wheel removed, to and from your booked event. Bikes will be kept upright in our transport vehicles and professionally covered to ensure there is never any contact with other bikes during transit.
5.4 We do not make any adjustments to any part of your bike although we do advise you to check and re-adjust bicycles prior to your event. We will not be held responsible for any pre-transport damage or faults to bikes.
5.5 We will also transport a small bag allowing you to include your kit and any other small items up to a maximum weight of approximately 5kg. If further kit transport is required please get in touch with us to arrange. You are responsible for ensuring that there are no narcotics or banned substances packed with your equipment. If this is the case, we will not be responsible for confiscation at border points.
5.6 We endeavour to carry out all of our services without fail. In the event of serious accidents or extreme circumstances, Kit Carrier will do everything in their power to complete the delivery service to the best of it’s abilities and each customer will be notified. There will be no refunds given in the event of transport delays beyond Kit Carrier’s control such as Euro Tunnel or Ferry cancellations or serious road incidents.
5.7 We may use sophisticated tracking software that assigns a unique identifying code to each bike or piece of equipment. Tracking is for our use and for disputes resolution.
6.1 We will have insurance in place to cover any loss to your kit, bike and accessories while in our possession up to a maximum sum of £10,000 per person per event. Should this not be sufficient, please contact us for additional cover.
6.2 You will be required to provide us with all necessary assistance, information and evidence to make such an insurance claim.
6.3 You will be responsible for obtaining insurance for all other aspects of your trip and also for your kit, bike and accessories when not in our care.
7.1 If we have to cancel your Contract for any reason, we will endeavour to give you at least 2 months’ notice of our cancellation. Should we need to cancel your Contract at any time, we will give you 100% refund of the price paid.
7.2 If we need to cancel your Contract, you may transfer your booking to another event with us within the same calendar year rather than receiving a refund. The new booking is not transferrable to another person. If the new event is cheaper than the price already paid, we will refund you the excess. If the new event is more expensive, you will have to pay the additional cost.
8. RIGHT TO REFUND FOR CONSUMERS IN THE EUROPEAN UNION
8.1 If you are a consumer based in the European Union, you have a legal right to cancel a Contract, which starts from the date of the Order Confirmation (the date on which we e-mail you to confirm our acceptance of your order). Your deadline for cancelling the Contract is then the end of 14 days after the date on which you received the Order Confirmation (Cancellation Period).
8.2 We will only provide you with the Services during the Cancellation Period if you have requested us to do so in writing (including email) acknowledging that you will lose your right to cancel the Contract once the Services are fully performed.
8.3 If you cancel your Contract during the Cancellation Period prior to the Services be performed, we will refund you the price paid for the Services.
8.4 If you cancel the Services during the Cancellation Period before the Services have been fully performed, we will refund you the price paid less a reduction in price to reflect the Services that have already been provided.
8.5 Should the Services be completed within the Cancellation Period, you will have no right to cancel the Contract after this point and no refund given.
8.6 To cancel a Contract, you just need to let us know that you have decided to cancel. You can contact us via e-mail at admin@kitcarrier.com .
8.7 If you need to cancel your Contract during the Cancellation Period, you may transfer your booking to another event with us within the same calendar year rather than receiving a refund. The booking cannot be transferred to another person. If the new event is cheaper than the price already paid, we will refund you the excess. If the new event is more expensive, you will have to pay the additional cost.
9. OUR REFUND POLICY FOLLOWING YOUR 14 DAY CANCELLATION PERIOD
9.1 If you cancel your Contract after the Cancellation Period, our refund policy is as follows:
5-6 months 75%
4-5 months 50%
2-4 months 25%
0-2 months 0% No refund.
9.2 If you have to cancel your Contract after the Cancellation Period, you may transfer your booking to another event with us within the same calendar year rather than receiving a refund. The booking cannot be transferred to another person. If the new event is cheaper than the price already paid, we will refund you the excess on the same basis as set out in clause 9.1. If the new event is more expensive, you will have to pay the additional cost.
10.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this Contract. We shall only be responsible for any loss or damage to your bike and kit whilst it is in our possession (i.e. from the time we collect it to the time we return it to you).
10.2 You agree not to order any Service for any resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10.3 We do not in any way exclude or limit our liability for:
10.3.1 death or personal injury caused by our negligence; or
10.3.2 fraud or fraudulent misrepresentation.
10.4 Subject to clauses 10.1, 10.2 and 10.3, our total aggregate liability to you for any loss or damage arising under or in connection with this agreement will be limited to the total Price paid by you to us in the previous 12 months and in any event, our liability to you for any loss of your bike and accessories will not be greater than the amount of insurance cover that is in place under clause 6.1.
11. EVENTS OUTSIDE OUR CONTROL
11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 11.2.
11.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
11.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
11.3.1 we will contact you as soon as reasonably possible to notify you; and
11.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Services to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
11.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, we will refund the price you have paid.
12.1 Our site is made available to you free of charge. You acknowledge that, from time to time, the site may be unavailable and that we may suspend, withdraw, discontinue or change all or any part of our site at any time without notice.
12.2 If you choose, or you are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential and not disclose it to any third party.
12.3 We may update our site from time to time, and may change the content at any time. Whilst we seek to keep our site up-to-date, it is possible that, from time to time, items of content on our site may be out of date and, before relying on any such information, you should verify it independently.
12.4 We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
12.5 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
12.6 You may link to our site provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
14. HOW WE USE YOUR PERSONAL INFORMATION
14.1 For the purpose of the Data Protection Act 1998, we are the data controller of personal data we collect from you.
14.2 You may provide us with personal data when filling in forms on our site or make contact with us. This may include when you order our Services or in correspondence with us by phone, e-mail or otherwise.
14.3 The information you give us may include your name, address, e-mail, telephone number and payment information. We will only use your information for the purposes of providing you with the Services that you have purchased through the site and to provide you with details of other Services that we offer which we feel you may be interested in. You will have the opportunity to opt-out of receiving such marketing material.
14.4 We may collect your IP address in order to diagnose problems or issues with our server and to improve the manner in which we sell to you. Your IP address is not used to identify you but helps us to gather broad demographic information.
14.5 We will not share your data with any third parties other than those which we are reasonably required to do so in order to provide you with the Services that you have purchased from us.
15.1 A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer’s hard drive.
15.2 Our site uses cookies to distinguish you from other users of our site. This helps us to provide you with a good experience when you browse our site and also allows us to improve our site.
15.3 By continuing to browse the site, you are agreeing to our use of cookies.
16. COMPLAINTS AND ALTERNATIVE DISPUTE RESOLUTION
16.1 If you have a complaint, please contact us at admin@kitcarrier.com
16.2 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to the Centre for Effective Dispute Resolution (CEDR). Information on the CEDR can be found at www.cedr.com and they can be contacted on 0207 520 3800. The CEDR will not charge you for making a complaint and if you are not satisfied with the outcome, you can still bring legal proceedings.
16.3 In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform via https://webgate.ec.europa.eu/odr/main/?event=main.home.show
17.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this webpage if this happens.
17.2 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
17.3 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
17.4 These Terms are governed by English law. This means a Contract for the purchase of Services through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.