Terms of Trade with MPG Cycles of Dlalbeattie

GENERAL

www.mpgcycles.co.uk and www.mpgcyclesonline.co.uk is a site operated by MPG Cycles, Millo Place Garage, High Street, Dalbeattie, DG5 4DP. MPG Cycles can be contacted in writing at the address above, by telephone on 01556 610659 or by e-mail at sales@mpgcycles.co.uk.

These Terms and Conditions govern your use of the service we provide and the use of our website. By visiting the MPG Cycles website, you accept, and agree to, the content of these Terms and Conditions. We reserve the right to change the Terms and Conditions at any time and it is your responsibility to check regularly before ordering. This does not affect your statutory rights.

The buyer (hereafter referred to as “you”) shall mean any person purchasing goods from MPG Cycles (hereafter referred to as “we”). 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 you and MPG Cycles.

The "Price" shall mean the amount payable to MPG Cycles 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.

These Terms and Conditions shall apply to all orders (including telephone orders) and contracts for the sale or supply of Goods by MPG Cycles.

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. 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. The contract between you and MPG Cycles will only be formed when the Goods have been dispatched.

CONSUMER RIGHTS

You may cancel your contract with us for all Goods at any time up to the end of the 7th day from the date you receive the Goods. To cancel your contract, you must notify MPG Cycles by sending an email to us at sales@mpgcycles.co.uk.

When cancelling in writing, please provide the following wording and details about your order:

I hereby give notice that I cancel my contract of sale of the following goods [details of goods], ordered on [date] and received on [date].

[Order number]

[Your name]

[Your address]

[Date]

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 when we have already processed the Goods for delivery, you must not unpack the Goods when they are received by you and 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 MPG Cycles (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.

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.

For any complaints, please contact MPG Cycles at Millo Place Garage, High Street, Dalbeattie, DG5 4DP.

CANCELLATION BY MPG CYCLES

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 was incorrect; 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/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.

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

MPG Cycles ship only to UK addresses.

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.

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 on sales@mpgcycles.co.uk or by telephone: 01556 610659.

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 we will either:

replace or repair any Goods that are damaged or defective; or
refund to you the amount paid by you for the Goods in question in whatever way we choose.

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.

Nothing in these Terms and Conditions is intended to limit any rights you might have as a consumer.

COMPETITION GOODS

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.

PAYMENT TERMS

Please note that all website 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.

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.

JURISDICTION

These Terms and Conditions shall be governed by and interpreted in accordance with Scots Law and the Scottish 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.

Please read our Terms and Conditions carefully