TWIKE.UK Terms & Conditions 

GENERAL

www.ev-solutions.co.uk and www.TWIKE.co.uk are websites operated by Dr Andreas Schroeer, a sole trader, T/A TWIKE.UK. TWIKE.UK is a family business, selling and servicing electric conversion systems to convert traditional cycles, tricycles, and cargo bikes to electric assist, including related accessories and parts, VAT number GB881457007, business address:

Dr Andreas Schroeer
TWIKE.UK
Landell, Brick Kiln Lane
Ingham, Norwich
NR12 9SX
United Kingdom

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.

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.

The “Price” shall mean the amount payable to TWIKE.UK for the Goods plus VAT (at the rate applicable from time to time), 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. 

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 TWIKE.UK. 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.

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.

THE CONTRACT

After placing an order, you will receive an email from us acknowledging that we have received your order for the Goods. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to TWIKE.UK to 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 TWIKE.UK will only be formed when we send you the Dispatch Confirmation.

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.

CONSUMER RIGHTS

You may cancel your contract with us for all Goods, except for custom products including conversions and special imports, at any time up to the end of the 14th day from the date you receive the ordered Goods. Custom or customised orders and special imports cannot be cancelled. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty however shipping costs cannot be reimbursed. After 14 days we will consider an exchange at our discretion.

Deposits are used to secure/hold products that you have decided to purchase and to remove them from sale. Deposits are non refundable after 14 days but at our discretion may be transferred to another similar product. Once a deposit has been accepted we will remove an item from sale for up to 30 days after which it will go back on sale and the deposit will be lost.

Pre-Orders may be subject to price changes by the manufacturer or distributor and therefore a pre-order pricing may change subject to these increases or decreases in price.

To cancel your contract you must notify us in writing.

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.

Once you have notified us that you are cancelling your contract, any sum debited to TWIKE.UK or service providers of TWIKE.UK (in respect of goods provided by us and delivery services provided by the fulfilment and 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 and processing the return and cancellation from the amount to be re-credited to you.

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.

Faults: If your order arrives damaged or develops a fault we will do our utmost to solve the issue quickly for you. You can return a faulty item for a full refund within 30 days after which we reserve the right to have the opportunity to repair any faults.

CANCELLATION BY TWIKE.UK

We reserve the right to cancel the contract between us if:

• We have insufficient stock to deliver the Goods you have ordered
• The delivery service provider does not deliver to your area
• 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 a software issue; or human error; or 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.

GUARANTEES

All guarantees in respect of Goods are provided entirely by the manufacturers of the Goods supplied and are subject to terms contained therein. You are reminded to complete all warranty cards/documents/registrations upon receipt of the Goods where appropriate.

TITLE

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 premises. 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.

DELIVERY

We only deliver to addresses verified by the payment or merchant services provider and never to PO boxes.

For orders placed by customers resident in the UK you have the option of either collection from our premises or delivery to a UK address. Collection is free and available on request by you. If you elect to have your goods delivered, we will charge you the actual packing and delivery costs charged by the delivery service provider.

For orders placed by and delivered to customers resident outside of the UK, we will arrange delivery of your Goods on your behalf with third party delivery service providers.

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.

You must notify us in writing of any shortage or mis-delivery in any Goods ordered immediately, or at the latest within five working days of such shortage or mis-delivery, thereafter you shall be liable for any such shortage or mis-delivery. 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.

If there is any damage to the box, DO NOT SIGN FOR THE DELIVERY UNTIL YOU HAVE CHECKED THE CONTENTS. If you cannot check the contents, sign as UNCHECKED and BOX DAMAGED if appropriate.

All orders are shipped from the UK and, therefore, deliveries made to countries outside the UK may be subject to customs, legal, regulatory and certain practical restrictions. It is your responsibility to pay any additional taxes, fees or levies, import duty or other fees required by the local customs authority in order to release the goods to you. Please ensure that you enter the correct international delivery address and postcode. If the address is entered incorrectly or if customs duties or formal customs entry procedures are required, the delivery may be delayed. We are unable to offer you any assistance if either issue arises. Customs policies vary widely from country to country, therefore you are advised to check the local requirements in your country when placing an order.
If you fail or refuse to pay these charges, what happens to the goods is out of our control. In the event that the goods are returned without any charge to us we will refund the whole purchase price to you. In the event that the goods are returned to us but a delivery charge is levied on us, we will refund you the purchase price less the charge levied on us to return the goods. It is possible that the goods will not be returned to us, in which case no refund of the purchase price will be given to you. In any event, goods that are returned due to you refusing or failing to pay any of the charges outlined in this paragraph will not be entitled to a refund of the delivery charge.

LIABILITY

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 by email to: info@twike.co.uk of the problem within ten working days of the delivery of the Goods in question.

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.

If you notify a problem to us, our only obligation will be, at our option:

•to replace or repair any Goods that are damaged or defective; or

•to refund to you the amount paid by you for the Goods in question in whatever way we choose.

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.

You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase Goods from us. We make no representation and accept no liability in respect of the export or import of the Goods you purchase.

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

Any advice given by us during telephone/Internet orders is based entirely upon information provided by you. Where advice is given after visual inspection by us, 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.

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.

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.

WARRANTY

Standard cover is 1 year on all products unless specified in the product description. Please note some manufacturers may require that their products are registered online, phone or by post to access the warranty benefits. It is your responsibility to follow the manufacturer guidelines regarding warranty.

Spare parts come with a 12 month warranty if fitted by us, otherwise they have no warranty.

Aside from general cycle maintenance any work to the products fitted with our systems or parts should be done by us to maintain warranty.

Warranty periods
The statutory warranty valid at the time of delivery applies to all systems and parts fitted by us.

Warranty Requirements

• There is a defect in materials or workmanship or an error of information.
• The cause of the change in the product is neither natural nor related to its functions, wear and tear or ageing
• The damage was not caused by use of the product for other than the intended purpose.

Warranty Exclusions

• Damage caused by improper use or force majeure
• All parts subject to function-related wear and tear, unless this is the result of a defect in the manufacturing process or material
• Damage which results from improper or insufficient care and repairs, alterations or the replacements of parts by persons other than trained professionals
• Accidental damage or other external effects, provided these are not the result of defective products or information
• Repairs resulting from the use of second-hand parts or damage caused by this use
• Damage resulting from competitive use
• Special fittings, accessories or non-standard components, especially technical modifications

Observing the required service intervals is also a condition of any warranty claims you may make

The following are considered wear parts under the statutory warranty:

• Tyres
• Rims in combination with rim brakes
• Spokes
• Brake pads
• Chains and toothed belts
• Chain wheels, sprockets, cassettes, bottom brackets and jockey wheels
• Sliding bearings/bearings
• Lamps for lighting system
• Handlebar tape/handle grips
• Hydraulic oils and lubricants
• Gear-shift cables and brake cables
• Paint finishes
• Batteries (depletion of capacity to 80% is acceptable within the first year)

PAYMENT TERMS

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

We only despatch to addresses verified by Paypal and eligible for seller protection unless payment is made by bank transfer.

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.

WORKSHOP

We will take good care of any bikes for which we have explicitly accepted responsibility and which can be stored on our premises. We can only warranty parts fitted by ourselves and cannot accept liability for consequential issues related to the work carried out unless such issues have been discussed and noted onto the invoice at the time of drop off.

We have well defined services and these are not interchangeable i.e. If you purchase a service this does not include a diagnosis service.

Collection: Bikes and products must be collected within 3 days of notification of being ready unless otherwise agreed. From the 4th day we reserve the right to charge a storage fee of £10 per day and move to storage after 7 days and dispose of the product(s) after 30 days. We will do our best to avoid this by emailing or calling you up to 3 times. You will have no right to compensation because the product will be deemed abandoned.

EVENTS BEYOND OUR CONTROL

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

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).

JURISDICTION

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.

ENTIRE AGREEMENT

These terms and conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the Goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any Goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

PRIVACY POLICY

We value your privacy and therefore do not disclose information to third parties without your express permission. We need to provide certain details of the order and delivery to our fulfilment and delivery service providers. You agree that we can do this and we agree to provide only the details required to fulfil your order and delivery. 
Please refer to our dedicated webpage: 
https://www.twike.co.uk/privacy-policy/

ACCURACY

All orders you place with us will be subject to our acceptance in accordance with these terms and conditions.

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.

Please note the Price you pay for Goods supplied by TWIKE.UK, any order fulfilment services 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.

All specifications are advised by the manufacturer, however these can be subject to change by the manufacturer at any time, without prior warning.

ACCEPTABLE USE POLICY

This acceptable use policy sets out the terms between you and us under which you may access www.TWIKE.co.uk, www.ev-solutions.co.uk (hereinafter separately and collectively referred to as the “Websites”). This acceptable use policy applies to all users of, and visitors to, our websites.

Your use of our Websites means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms and conditions and the privacy and cookie policies.

Prohibited uses:

The Websites may only be used by you for lawful purposes and may not, in any way or event, be used:

• In any way that is unlawful (under local, national or international law) or fraudulent, or has any unlawful or fraudulent purpose or effect;
• For the purpose of harming or attempting to harm minors in any way;
• To send, knowingly receive, upload, download, use or re-use any material which does not lawfully belong to you;
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of the Websites, or any computer software or hardware.

You also agree:

• Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms and conditions;
• Not to access without authority, interfere with, damage or disrupt:

• any part of our site;
• any equipment or network on which our site is stored;
• any software used in the provision of our site; or
• any equipment or network or software owned or used by any third party.

Copyright:
Any material you upload to the Websites will be considered non-confidential and non-proprietary, and in uploading such material you allow us the have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Websites constitutes a violation of their intellectual property rights, or of their right to privacy.
Linking to our site:
You may add a link to the home page of our Websites to any website owned or controlled by you, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. Any such link must not suggest, in either an explicit or implied manner, any form of association, approval or endorsement on our part where none exists. The website from which you are linking must comply in all respects with the content standards set out in this acceptable use policy.
The Websites must not be framed on any other site, nor may you create a link to any part of the Websites other than the home page. We reserve the right to withdraw linking permission without the need to give a reason and without notice.
If you wish to make any use of material on our site other than that set out above, please address your request to info@twike.co.uk

Links from our site
Links on the Websites to other sites and resources provided by third parties: these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Suspension and termination
We will determine, at our discretion, whether there has been a breach of this acceptable use policy through your use of the Websites. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this acceptable use policy constitutes a material breach of the terms and conditions upon which you are permitted to use the Websites, and may result in our taking all or any of the following actions:

• Issue of a warning to you;
• Immediate, temporary or permanent withdrawal of your right to use the Websites;
• Immediate, temporary or permanent removal of any posting or material uploaded by you to our site;
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
• Further legal action against you;
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

Changes to the acceptable use policy
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or specific terms.