Clear terms from order to installation

This website is owned and operated by Cycle-In Logistics Ltd.

Cycle-In Logistics Ltd is a company registered in England and Wales under company number 14169137.

VAT registration number: 431383024

Cycle-In Logistics Ltd
Unit 5 Carr Lane Business Park
Carr Lane
Hoylake
Wirral
CH47 4AZ

Email: sales@cycle-in.co.uk
Telephone: 0330 220 1207

These Terms apply to orders placed through our website and, unless expressly agreed otherwise in writing, to quotations, pro-forma orders, purchase orders and other contracts accepted by Cycle-In Logistics Ltd.

Depending on what is included in your quotation or order, the contract may cover:

• design or layout assistance;
• standard products;
• made-to-order products;
• bespoke fabrication;
• finishing such as galvanising or powder coating;
• delivery;
• installation;
• commissioning where expressly stated; and
• associated project support.

Installation is therefore not automatically a separate contract. Where installation is included in our accepted quotation or order, it forms part of the contract governed by these Terms.

Where a separate written installation, subcontract, framework or project agreement is expressly agreed, that document will take precedence to the extent of any inconsistency.

Consumer

A consumer is an individual acting for purposes that are wholly or mainly outside that individual's trade, business, craft or profession.

If you are a consumer, these Terms do not exclude, restrict or replace rights that the law does not allow us to exclude or restrict.

Business customer

A business customer is anyone placing an order wholly or mainly for purposes relating to a trade, business, craft or profession, together with companies, partnerships, public authorities and other organisations.

If you place an order on behalf of an organisation, you confirm that you have authority to bind that organisation to the contract.

Website listings and quotations are invitations to place an order and do not themselves oblige us to accept an order.

An online acknowledgement confirms that we have received your order. Acceptance occurs when we confirm that the order has been accepted, issue an accepted order confirmation or invoice, or otherwise expressly accept the order in writing.

For quotation-based projects, a contract normally arises when:

• you accept our quotation or place an order against it;
• we accept that order; and
• any required deposit, pro-forma payment, credit approval or other stated condition has been satisfied.

Unless a quotation says otherwise, quotations are normally valid for 30 days from their date.

We may decline an order before acceptance, for example where a product is unavailable, a pricing error has occurred, the requested specification cannot reasonably be supplied, payment is not authorised or appropriate credit terms cannot be agreed.

We take reasonable care to describe products and services accurately.

Unless expressly stated as exact or forming part of an agreed specification:

• website photographs may be illustrative or representative;
• colours can appear differently on different screens;
• minor variations in dimensions, weights and finish may arise from manufacturing processes;
• product packaging may change;
• natural timber may vary in colour, grain, texture and appearance; and
• galvanised and powder-coated finishes can exhibit variations inherent in their manufacturing process.

These provisions do not permit us to supply goods that fail to conform to an agreed material specification or remove any applicable statutory consumer rights.

Coastal and aggressive environments

Standard finishes may not be suitable for every environment. If products are to be installed in a coastal, marine, high-salinity, chemically aggressive or similarly demanding environment, you should tell us before ordering so that an appropriate specification can be considered.

Errors and omissions

Obvious typographical or administrative errors may be corrected before a contract is formed. The expression E&OE does not remove rights arising from a contract already entered into or statutory consumer rights.

Bespoke and project orders may require dimensions, drawings, layouts, colour selections, fixing details or other approvals before manufacture begins.

Where you supply dimensions, drawings, site plans or specifications, you are responsible for ensuring that the information is accurate and complete unless we have expressly agreed to survey or verify it.

Where we submit drawings or specifications for approval, manufacture may proceed once the relevant approval has been given.

A later requested change may:

• alter the price;
• affect the programme or lead time;
• require re-design or re-manufacture; or
• result in reasonable additional costs.

We will explain material changes and, where required, agree them before carrying out additional chargeable work.

The price payable is the price confirmed in the accepted order or quotation, subject to any later variation agreed in accordance with these Terms.

Website prices and quotations will state or indicate whether VAT is included or payable in addition.

Delivery and installation are not assumed to be included merely because a product price is displayed on the website.

Delivery, installation, site attendance and other project charges will be included only where the checkout, quotation or order confirms that they are included.

Pricing errors

If we discover an obvious pricing error before accepting an order, we may correct it and ask whether you wish to proceed at the correct price.

If an order cannot reasonably be fulfilled because of an obvious pricing error, we may cancel it and refund any payment already made.

VAT changes

If the applicable VAT rate changes, VAT will be calculated in accordance with the law applying to the transaction.

Payment can be made using the payment methods offered at checkout or otherwise confirmed by us in a quotation, pro-forma invoice or invoice.

Unless we have expressly agreed credit terms in writing, payment is required in accordance with the order, quotation or invoice and may be required before manufacture, dispatch or installation.

Deposits and staged payments

A project quotation may require a deposit, advance payment or staged payments. The payment schedule shown on the accepted quotation forms part of the contract.

Business credit

Business credit facilities are subject to our approval and may be subject to credit checks, satisfactory references, credit limits and stated payment terms.

Where 30-day terms or another credit period are expressly agreed, payment must be received by the stated due date.

Late business payments

For qualifying commercial debts, we reserve the right to claim statutory interest, fixed-sum compensation and reasonable recovery costs where available under the Late Payment of Commercial Debts (Interest) Act 1998 and related legislation.

This commercial late-payment provision does not apply to ordinary consumer purchases.

Many Cycle-In products can be manufactured or finished specifically for a project.

This may include bespoke:

• dimensions;
• fabrication;
• layouts;
• door configurations;
• cladding;
• fixing arrangements;
• special finishes or colours;
• project-specific quantities; or
• other customer-specific requirements.

Consumers

The statutory right to cancel a distance contract does not apply to goods that are genuinely made to the consumer's specifications or are clearly personalised, where the relevant statutory exception applies.

A product is not automatically legally bespoke merely because it is manufactured after an order is placed. The statutory test applies to the particular goods.

Nothing in this section affects consumer rights where bespoke goods are faulty, not as described or otherwise fail to conform to the contract.

Business customers

Once bespoke manufacture, special procurement or custom finishing has begun, cancellation or variation by a business customer may result in reasonable charges reflecting work completed, committed material, supplier charges and other losses that cannot reasonably be avoided.

This section applies where you are a consumer and the statutory distance-selling cancellation right applies.

Standard goods

For most goods bought at a distance, you have 14 days after receiving the goods to tell us that you wish to cancel.

You then normally have a further 14 days to return the goods.

You do not need to give a reason.

Return costs

Unless we have agreed otherwise or the goods are faulty, you are normally responsible for the direct cost of returning cancelled goods where we have told you of that responsibility.

For large products that cannot normally be returned by post, return or collection costs can be significant. Please contact us before arranging a return so that we can provide the appropriate return location and discuss the practical arrangements.

Refund

Where the statutory cancellation right applies, we will reimburse payments in accordance with the applicable cancellation regulations, generally no later than 14 days after we receive the returned goods or satisfactory evidence that they have been sent back, whichever occurs first.

We will also reimburse the basic cost of standard outbound delivery where the law requires this. Any additional amount paid for an enhanced or premium delivery option does not have to be reimbursed beyond the standard-delivery amount.

We may make a lawful deduction for loss in value caused by handling beyond what would reasonably be permitted when examining the goods in a shop.

Bespoke exception

The statutory change-of-mind cancellation right does not apply where goods are made to your specifications or clearly personalised and the statutory exception applies.

Where a consumer contract includes an installation or other service, separate cancellation rules can apply to the service element.

We will not normally begin a service during a statutory cancellation period unless:

• you have expressly requested that the service starts during that period; and
• we have provided the information required by law.

If you ask us to begin a service during the cancellation period and then validly cancel before the service has been fully performed, you may be required to pay a proportionate amount for the service supplied up to cancellation where the law permits.

Where a service has been fully performed during the cancellation period following the necessary express request and acknowledgement, the statutory right to cancel that service may be lost.

Completion of an installation service does not by itself remove any separate cancellation right that may apply to returnable goods. Equally, cancellation rights for goods do not override a valid statutory bespoke goods exception.

If you are a consumer, goods supplied must meet the standards required by the Consumer Rights Act 2015, including being:

• of satisfactory quality;
• fit for their normal purpose;
• fit for a particular purpose made known to us where the statutory requirements are met; and
• as described.

Consumer remedies can include the short-term right to reject qualifying faulty goods, repair or replacement, and in appropriate circumstances a price reduction or final right to reject.

The statutory short-term right to reject is normally available for 30 days, subject to the applicable legal rules.

These statutory rights are separate from any manufacturer's guarantee or commercial warranty.

Business customers do not receive the statutory distance-selling cancellation rights given to consumers.

A request by a business customer to cancel or return conforming goods is therefore subject to our agreement.

Where we agree a business cancellation or return, we may reasonably take account of:

• manufacturing already completed;
• materials already purchased or committed;
• special finishes or project-specific work;
• supplier cancellation or restocking charges;
• delivery or collection costs;
• reasonable handling and inspection costs;
• the condition and resaleability of the goods; and
• other losses that cannot reasonably be avoided.

Any agreed business return must be made to the location specified by us. Products should not be returned to our registered office unless we specifically instruct you to do so.

Stock indications and lead times shown online or provided before an order are estimates unless we expressly agree a fixed date.

Lead times can be affected by:

• order quantity;
• material availability;
• fabrication capacity;
• galvanising;
• powder coating or other finishes;
• approval of drawings or dimensions;
• transport availability;
• site readiness; and
• other matters reasonably outside our control.

We will use reasonable efforts to keep customers informed of material changes to anticipated lead times.

Consumer delivery rights

If you are a consumer, nothing in our estimated lead times removes your statutory delivery rights. Where no separate delivery period has been agreed, the statutory rules concerning delivery without undue delay and within 30 days may apply.

Delivery will be made to the delivery address stated in the accepted order or quotation.

You are responsible for providing a complete and accurate delivery address, contact details and any material access restrictions.

Large products may require suitable access for commercial vehicles and unloading.

Unless our quotation expressly includes unloading, specialist lifting equipment or positioning goods beyond the agreed delivery point, those services are not automatically included.

Delayed or failed customer delivery

If delivery cannot reasonably be completed because the customer has supplied an incorrect address, failed to disclose significant access restrictions, refused delivery or requested postponement, we may arrange redelivery or storage.

Business customers may be responsible for reasonable additional storage, transport or redelivery costs arising as a result.

For consumers, any additional charge will be subject to applicable consumer law and will not remove statutory delivery rights.

Please inspect deliveries as soon as reasonably possible.

We ask customers to notify us of visible transit damage, shortages or incorrect items within 48 hours where reasonably possible.

Where possible, please retain packaging and provide photographs of visible damage so that we can investigate with the carrier.

Consumers

Where consumer law applies, risk passes in accordance with the applicable statutory rules, normally when the goods come into the physical possession of you or a person identified by you to take possession.

Business customers

Unless otherwise agreed in writing, risk in goods supplied to a business customer passes when the goods are delivered to the agreed delivery location or collected by the customer or its nominated carrier, as applicable.

Ownership

To the extent permitted by law, ownership of goods remains with Cycle-In Logistics Ltd until we have received payment in full for those goods and any applicable delivery or installation charges relating to them.

Where installation is included in our accepted quotation or order, Cycle-In will carry out the installation scope stated in that contract.

Items not expressly included in the agreed scope are not automatically included merely because they may be necessary or desirable to complete a wider project.

Installation standard

We will perform installation services with the standard of care and skill required by applicable law and in accordance with the agreed project specification.

Groundworks and civils

Excavation, concrete bases, drainage, electrical work, making good, utility relocation, specialist lifting and other civil works are excluded unless our quotation expressly states that they are included.

Programme

Installation dates are subject to agreed programme, product availability, reasonable site access, weather where relevant, site readiness and matters outside our reasonable control.

A date described as estimated is not a guaranteed completion date. Consumer statutory rights relating to performance within an agreed or reasonable time remain unaffected.

Where delivery or installation is required at your site, you must provide information reasonably needed for us to plan and perform the work safely and efficiently.

Depending on the project, this may include:

• safe and reasonable access to the work area;
• accurate site and delivery information;
• appropriate vehicle access and parking;
• a reasonably clear and prepared work area;
• details of site inductions and working-hour restrictions;
• information about known underground or concealed services;
• any customer-controlled permits or permissions necessary for access;
• coordination with the principal contractor or site manager where relevant; and
• any other matters expressly identified in the quotation.

Planning permission and approvals

Unless our quotation expressly states that Cycle-In is responsible for obtaining a particular consent, permission or approval, responsibility for checking and obtaining planning permission, landlord consent, building-control approval and other site-specific permissions remains with the customer.

Underground and concealed services

Customers must tell us about known or reasonably identifiable underground, embedded or concealed services that could affect drilling, excavation or fixing work.

If installation cannot reasonably proceed because the site is not ready, access is unavailable, required information has not been provided or circumstances at the site materially differ from information supplied to us, we will discuss the position with you.

Business customers

For business customers, we may charge reasonable additional costs arising from customer-caused delay, including wasted labour, travel, accommodation, storage, additional transport, plant hire and remobilisation where those costs could not reasonably be avoided.

Consumers

We will not impose an unfair or disproportionate charge on a consumer. Any additional consumer charge must be lawful, transparent and appropriately agreed where agreement is required.

Variations

Additional work requested after the contract is formed may require a written variation covering price, materials and programme before that additional work begins.

Some products may benefit from a manufacturer's guarantee. The applicable guarantee, if any, will depend on the particular product.

A manufacturer's guarantee is additional to any rights that cannot lawfully be excluded.

Cycle-In commercial warranty

Where no different written warranty is stated for the relevant product, we warrant that for 12 months from delivery goods supplied to a business customer will materially conform to their agreed specification and be free from material defects in workmanship and materials when properly installed, used and maintained.

This commercial warranty does not apply where a failure results from:

• fair wear and tear;
• accident, misuse or deliberate damage;
• incorrect storage or use;
• failure to follow reasonable maintenance instructions;
• unauthorised alteration or repair;
• a customer-supplied design, dimension or specification causing the defect;
• abnormal environmental conditions; or
• normal cosmetic characteristics of the specified material or finish that do not amount to a defect.

This business warranty does not limit statutory consumer rights.

If you are a consumer, we are responsible for loss or damage that is a foreseeable result of our breach of the contract or our failure to use reasonable care and skill, subject to applicable law.

We do not supply consumer products for commercial or business use under a consumer contract and are not responsible to a consumer for business losses such as loss of profit, revenue, business opportunity or commercial interruption.

Nothing in these Terms excludes or restricts liability where it would be unlawful to do so, including liability for:

• death or personal injury caused by negligence;
• fraud or fraudulent misrepresentation;
• liability for defective products where it cannot lawfully be excluded; or
• statutory consumer rights that cannot lawfully be excluded or restricted.

This section applies only where you contract with us as a business.

Subject to liabilities that cannot lawfully be limited or excluded, we will not be liable for:

• loss of profit;
• loss of revenue;
• loss of business;
• loss of anticipated savings;
• loss of opportunity;
• loss of goodwill;
• loss or corruption of data; or
• indirect or consequential loss.

Subject to the same exceptions, our aggregate liability arising out of or in connection with a particular contract will not exceed 100% of the total price payable under that contract.

Nothing in these Terms limits or excludes liability for:

• death or personal injury caused by negligence;
• fraud or fraudulent misrepresentation;
• breach of obligations concerning title where liability cannot lawfully be excluded;
• defective products under the Consumer Protection Act 1987 where applicable; or
• any other liability that cannot lawfully be limited or excluded.

We are not responsible for delay or failure to perform caused by an event outside our reasonable control to the extent permitted by law.

Such events can include:

• extreme weather or natural disaster;
• fire, flood or epidemic;
• war, terrorism or civil disturbance;
• industrial action not limited to our own workforce;
• material or supply-chain disruption;
• transport-network disruption;
• utility or telecommunications failure;
• government action or legal restriction; or
• other events beyond our reasonable control.

We will use reasonable efforts to minimise the effects of such an event and keep you informed where it materially affects the contract.

Consumer rights to end a contract where required by law remain unaffected.

Unless otherwise stated, the intellectual-property rights in our website content, product copy, photographs, graphics, drawings and other materials are owned by or licensed to Cycle-In Logistics Ltd.

You may view and use the website for lawful personal or internal business purposes connected with considering or purchasing our products and services.

You must not, without permission:

• reproduce substantial parts of the website for commercial republication;
• remove copyright or proprietary notices;
• misuse product photographs, drawings or technical materials; or
• interfere with the proper operation or security of the website.

Third-party trade marks and intellectual property remain the property of their respective owners.

Our Privacy Policy explains how Cycle-In Logistics Ltd handles personal information.

Our Cookie & Storage Technologies Policy explains the cookies and other storage and access technologies used on our website and the privacy choices available.

We will normally communicate with you using the email address, telephone number or postal address provided in connection with your enquiry or order.

You are responsible for providing accurate contact information and notifying us of material changes.

Notices to Cycle-In relating to an order or these Terms should be sent to:

Cycle-In Logistics Ltd
Unit 5 Carr Lane Business Park
Carr Lane
Hoylake
Wirral
CH47 4AZ

or: sales@cycle-in.co.uk

Nothing in this section imposes an artificial notice deadline that would remove a consumer's statutory rights.

We may use suitable subcontractors, manufacturers, carriers, installers and other service providers to perform parts of the contract.

Using a subcontractor does not remove responsibilities that we owe directly to you under the contract.

We may transfer our rights and obligations under a contract where permitted by law, provided this does not unfairly reduce a consumer's rights.

A business customer may not transfer a contract without our prior written agreement, such agreement not to be unreasonably withheld where appropriate.

We may suspend performance where reasonably necessary, including where:

• a payment due under the contract remains unpaid;
• carrying out the work would create a material health or safety risk;
• required customer information, approval or access has not been provided;
• continuing would breach law or regulatory requirements; or
• the other party commits a material breach that is capable of remedy but is not remedied after a reasonable opportunity to do so.

Any termination right will be exercised subject to applicable law and will not remove accrued rights or statutory consumer remedies.

This section applies to business customers only.

The accepted quotation or order, these Terms, any expressly incorporated specification and any written variation agreed by us constitute the agreement between the parties concerning the relevant supply.

Terms printed on or incorporated into a customer's purchase order do not override these Terms merely by being supplied to us unless we expressly agree to accept those terms in writing.

Nothing in this section excludes liability for fraud or fraudulent misrepresentation.

If either party delays exercising a contractual right, that does not necessarily prevent it from exercising that right later.

If a court or other competent authority finds part of these Terms unlawful, invalid or unenforceable, that provision will be treated as modified or severed to the minimum extent necessary and the remaining provisions will continue to apply.

We may update these Terms from time to time to reflect changes to our business, website, products, services, payment processes or applicable law.

The Terms applying to an accepted order are normally those in force when that contract is formed, together with any later variation properly agreed between the parties or required by law.

We will not retrospectively change an existing consumer contract merely by publishing new website terms.

The last-updated date at the top of these Terms identifies the version currently published.

Business customers

If you are a business, the contract and any non-contractual dispute or claim arising from it are governed by the law of England and Wales.

Business customers and Cycle-In Logistics Ltd agree to the exclusive jurisdiction of the courts of England and Wales.

Consumers

If you are a consumer, these Terms are governed by English law, but this does not deprive you of mandatory protections provided by the law applicable to you.

A UK consumer may bring proceedings in the courts permitted by applicable consumer-jurisdiction rules. In particular, a consumer resident in Scotland may also bring proceedings in Scotland and a consumer resident in Northern Ireland may also bring proceedings in Northern Ireland where the applicable rules provide.

If you have a question about these Terms, an order, delivery or installation project, please contact us.

Cycle-In Logistics Ltd
Unit 5 Carr Lane Business Park
Carr Lane
Hoylake
Wirral
CH47 4AZ

Email: sales@cycle-in.co.uk
Telephone: 0330 220 1207