Terms and Conditions

 

 

Our Contact details:

 

Open Monday to Friday 9.30 to 5.30

Open Saturday 10.00 to 4.00

Mark Anthony Bikes Direct
115 Spring Gardens
Buxton
Derbyshire
SK17 6BX

01298 22002 / 01298 72114

Please note we only have a small shop and do not stock all our product there, please call first if you would like to collect a order. We have a large warehouse that we store the website stock.
 

These terms and conditions apply to your access to the Activesport.co.uk website ("Website"). Please read these terms and conditions carefully before accessing and/or ordering any goods from our Website. If you access the Website, and/or place an order for goods, you agree to be bound by these terms and conditions. If you do not agree with the terms and conditions please do not use our Website.

You should print a copy of these terms and conditions for future reference.

The Website is operated by Mark Anthony Bikes Direct, 115 Spring Gardens,Buxton, Derbyshire, SK17 6BX, VAT Number GB 548209825..

If you have any questions about our website please contact sales@activesport.co.uk

How to order

Making a purchase couldn't be easier. Just browse our catalogue, select the products you wish to purchase and press the 'Add to Shopping' button. When you have finished shopping go to 'Checkout'. New customers are invited to create an account and returning customers just have to login or you can order without registering. Shipping costs are shown in the shopping cart and all major debit/credit cards are accepted. We offer two secure payments systems, Sage Pay and PayPal, to give us the widest coverage of card types.

When confirmation of order is received, this is to indicate that we have received your order. It does not indicate that a contract exists between us. We will indicate acceptance of your order, and hence a contract between us, when we send you an invoice. We have included this term to protect us in the case that a mistake has been made in pricing, we have inadvertently under-priced goods, or we are no longer able to supply a particular product for some reason. In the case of a change of price, we will always contact you first to ensure that the price is acceptable.

By placing an order through our website, you warrent that you are legally capable of entering into binding contracts.

How the contract for the goods is formed between you and us

After placing your order you will receive an automated acknowledgement. Please note that this does not mean that your order has been accepted. All orders are subject to acceptance by us, and we will confirm acceptance to you by confirming that your order has been despatched , once we accept your order, a contract to purchase and deliver goods takes effect between you and activesport.co.uk.

The contract to sell goods to you only relates to those goods listed in the confirmation email. We will not be obliged to sell any other goods which may have been part of your order until the despatch of your goods has been confirmed in a separate confirmation email.

You will not be charged before we despatch the goods; however upon receipt of your order we will create an authorisation.

Our Goods

A description of the main characteristics of goods can be found on the product pages of the Website.

Prices for goods on the Website appear on the product pages and include all UK taxes.

Prices and offers may vary and may only be available for limited periods. All prices and offers are subject to availability and may be withdrawn or amended at our discretion. The prices on the Website may differ to prices in our retail stores, catalogues or elsewhere.

The Website contains a large number of goods and it is possible that, despite our best efforts, some of the goods listed on the Website may be incorrectly priced. If we discover an error in the price of the goods you have ordered we will inform you as soon as possible. We will give you the option of reconfirming your order at the correct price or cancelling it.

We are under no obligation to sell incorrectly priced goods to you at the incorrect price if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error.

Goods being delivered by us will be at your sole risk from the time of delivery to you.

Some offers carry a maximum quantity per customer, if applicable, this is detailed on the individual offer.

Ex Display

Any goods showing ex display on the image are heavily marked down in price to clear. They may have been a display model in one of our stores and as such may show signs of discolouration, slight marks and evidence of prior fitting. Faults are not of a serious or structural nature and are usually minor marks.

Data protection

Any personal information you provide to us and from which you can be identified is stored securely and confidentially and is processed fairly and lawfully in accordance with this privacy policy.

We take appropriate technical and organisational measures to protect against unauthorised or unlawful processing of your personal information, including encrypting your information to applicable industry standards.

During your visit to the Website we may gather certain personal information that is necessary to set up your account, for the purposes of billing, delivery of your goods and queries. We only keep your information for as long as is necessary to process your order, process any applicable refunds, respond to any complaints/feedback or to provide you with promotional information you have subscribed to.

We do not have access to your financial information which is securely transferred directly to our card processing agents and who process it on our instructions.

Our card processing agents, and our couriers are required to maintain the security and confidentially of your personal details, and are required not to retain, share, store or divulge any personal information for any other purposes.

When you register your details with us, you have the option to subscribe to future promotions and special offers. You may unsubscribe from this at any time by emailing sales@activesport.co.uk

We do not transfer your information outside the European Economic Area (“EEA”) unless you are a user located outside the EEA in which case we may need to transfer your information to deliver your goods, process payment/refunds, or to send you promotional information you have subscribed to.

The Website can recognise past users by using cookies. Cookies personalise your visits to the Website to meet your individual preferences. You can disable cookies by adjusting your internet settings.

When you supply your information to us you accept the risks associated with the Internet and consent to our processing your information in accordance with this policy and will not hold us responsible for any loss of your information unless we have breached our duty of care to you.

Method of Payment

You may pay by Paypal, VISA, Master Card, Switch, Maestro, or Electron. Please ensure you provide the cardholder's name as it is shown on the card, and the billing address corresponds as it appears on the card statement. Payment will be taken in GB pounds (£), and if applicable, your card will be charged according to the exchange rate at that time.

Fraud Prevention

To help us prevent fraud, orders of £100 GB pounds or more may require a landline telephone number. Card fraud is illegal and perpetrators will be prosecuted.

Delivery

Delivery costs are additional to the displayed price and vary depending on the delivery service you select, the country of delivery and the quantity/weight of goods ordered. Both UK and/or overseas delivery charges will be confirmed to you, before your order is accepted.

If your order is particularly heavy it may be subject extra delivery charges. If any order is subject to extra delivery charges you will be advised of the additional cost before your order is despatched. You have the option to cancel the order if you do not wish to pay any additional delivery costs.

Please note we are currently unable to deliver to PO Boxes.

UK Delivery

Delivery times depend on the delivery service selected and the types of goods ordered. We always aim to despatch all goods in stock as quickly as possible. The maximum UK delivery lead time for goods is 30 days unless specifically agreed with you.

Couriers will require a signature to ensure safe receipt of your goods. If you are not available to collect and sign on the courier’s first visit they may leave it with a neighbour, or in a safe place (i.e. hidden from sight and protected from the rain). A calling card will be posted through your door to let you know this has been done. If there is no safe place a calling card will be left with the courier’s contact number to arrange re-delivery. Our couriers will deliver until 6pm in most areas!

The couriers will attempt re-delivery up to a maximum of three (3) times and if delivery is not successful after the third attempt they will return the goods to us. We reserve the right to re-charge the delivery cost for re-delivery.

Delivery of pre-order items

If you pre-order goods with a launch date, then we will reserve your goods and hold the whole order until the day before the launch date.

Split delivery

We may split delivery of your order into several parts based on stock availability. You will not be charged extra for this facility.

Free delivery offers

Free delivery offers, when available, only apply to UK Mainland. Free delivery offers are sent using Standard delivery service.

Our Returns Policy

You may cancel your order any time within seven (7) working days, beginning on the day after you received the goods. We will refund the price of the goods in full and will reimburse you for the delivery costs you paid except where multiple items have been ordered and not all of them are being returned. However you will be responsible for the cost of returning the goods to us. If a refund is payable to you we will process the refund as soon as possible, and, in any case within twenty eight (28) days of the day you give written notice of cancellation.

To cancel an order, you must inform us in writing. You must also return the goods to us as soon as possible, intact and in their original packaging, and at your own cost and risk.

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. This applies to all goods that are returned.

Our returns policy does not affect your statutory rights.

If you return goods claiming they are defective, we will examine the returned goods and will notify you of your refund via e-mail within a reasonable period of time. We will process the refund due to you as soon as possible and, in any case within twenty eight (28) days of the day we confirm via e-mail that you are entitled to a refund for defective goods.

If a refund or reimbursement is payable to you, we will transfer the money using the same method originally used by you to pay for your purchase.

Any orders for personalised goods are non-returnable. Some goods are non-returnable for hygiene reasons. Please note that this does not affect your statutory rights.

If you have a query about returning goods, please contact sales@activesport.co.uk

Warranty and limitation of our liability

If we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the goods and any proven losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.

We will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories:

• (a) loss of income or revenue;

• (b) loss of business;

• (c) loss of profits;

• (d) loss of anticipated savings;

• (e) loss of data; or

• (f) waste of management or office time.

Nothing in these terms and conditions are intended to exclude or limits our liability for:

• (a) death or personal injury caused by our negligence;

• (b) fraud or fraudulent misrepresentation;

• (c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;

• (d) defective products under the Consumer Protection Act 1987;

•(e) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

Whilst we adopt industry standard protections against computer viruses we are not able to warrant that this website is free from computer viruses or any other malicious or impairing computer program.

Nothing in these terms and conditions are intended to affect your statutory rights.

Events outside our control

We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations to you that is caused by events outside our reasonable control (a ‘Force Majeure Event’). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes (without limitation) the following:

• (a) Strikes, lock-outs or other industrial action;

• (b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

• (c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

• (d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

• (e) Impossibility of the use of public or private telecommunications networks; or

• (f) The acts, decrees, legislation, regulations or restrictions of any government.

In the event of a Force Majeure Event, our performance is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations to you may be performed despite the Force Majeure Event.

Written communications

Applicable laws require that some of the information or communications we send to you should be in writing. By accessing our site you accept that communication with us will be primarily electronic through e-mail or notices posted on our website. For contractual purposes, by accessing this website you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

Intellectual property rights

Unless otherwise specified the intellectual property rights in the contents of all the pages in this website, are owned or licensed to Sportsdirect.com, or are used with permission from the owner.

The contents of this website may not be copied, reproduced, modified, downloaded or used in any form without our prior written permission.

Complaints

We take all feedback very seriously and aim to deal with complaints as quickly and effectively as possible.

For complaints relating to orders placed through our website please email sales@activesport.co.uk

To assist us in dealing with your complaint, please detail all aspects of the complaint, your order number and your contact details.

We aim to conclude our investigations as soon as possible after receiving the initial complaint. A likely timescale for resolution will be provided upon request, but this timescale will be dependant upon the specific nature of the complaint.

Our right to vary these terms and conditions

We reserve the right to revise and amend these terms and conditions from time to time. You will be subject to the terms and conditions that are in force at the time that you order goods from us unless:-

• any change to these terms and conditions is required to be made by law or governmental authority, in which case the changes may apply to orders previously placed by you; or

• we notify you of any changes to these terms and conditions before we accept your order, in which case we have the right to assume that you have accepted the change to the terms and conditions unless you notify us to the contrary within seven (7) working days of receipt by you of the goods.

Safety Warning

Physical activities can be hazardous. The selection and use of suitable equipment requires skill, and you should ensure you are appropriately equipped and trained. In the interests of your safety and the safety of others, you should also ensure that you are properly trained in the techniques you will need to employ in pursuit of your chosen activity. We recommend that you seek and take the advice of a suitably qualified person before purchasing your equipment. Once purchased, the equipment should only be used in accordance with the manufacturers’ instructions and should likewise be inspected before use and properly maintained. Nothing in this notice affects your statutory rights.

Jurisdiction

The Courts of England and Wales shall have exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with this website including orders for goods. By accessing this website you agree to submit to English law.

 

Security Policy / Privacy Policy

Last updated:  24 May 2018

We do not disclose customer information to third parties.

Our site is regularly validated as complying with the PCI Data Security standard, so you can buy from us with confidence.

We do not disclose customer information to third parties.

We are committed to protecting your privacy on-line.

We appreciate that you do not want the personal information you provide to us distributed indiscriminately and this policy explains how we collect information about you, what we do with it and what controls you have.

Who we are?

The website is owned by Mark Anthony Bikes Direct which is the party responsible for collecting the data.

Personal data we may collect about you

We can only provide the goods and services ordered by you if you provide us with your personal data. For the purpose of providing these services, we collect personal data about you such as : your name, address, email address.

We will use the information you provide for the purposes described in this privacy policy to which you agreed to at the time your data was obtained.

Your personal data will be used to provide the information, goods and services offered through our website to you, for billing and order fulfilment.

We may use your personal information to send you information about our products and services which you have requested from us by signing up to our newsletter. At any stage you can ask us to stop using your personal data for direct marketing purposes. You can opt out of receiving any marketing communications from us by using the unsubscribe-function at the end of the marketing e-mail or on the page newsletter in the shop.

Your consent

Your personal data will be used to:

- administer your account with us; - verify and carry out financial transactions in relation to payments you make online; We may also obtain information about your online movements and use of the internet. We do this by placing a ‘cookie’, which is a small file, on your computer’s hard disk.


Your rights

If you are concerned about your data, you have the right to request access to the personal data which we may hold or process about you.

Security

We place great importance on the security of all personally identifiable information associated with our users. We have security measures in place to attempt to protect against the loss, misuse and alteration of personal information under our control. We will use technical and organisational measures to safeguard your personal data, for example:

- access to your account is controlled by password and username which are unique to you; - we store your personal data on secure servers; - payment details are encrypted using SSL technology.

You should bear in mind that submission of information over the internet is never entirely secure. We cannot guarantee the security of information whilst it is in transit over the internet and any such submission is at your own risk. All we can do is use all our reasonable efforts to safeguard your data and ensure that we maintain a reliable and safe environment to use your data. It is advisable to close your browser when you have finished your user session to help ensure others do not access your personal information if you use a shared computer or a computer in a public place.

Our contact details

We welcome your feedback and questions. If you wish to contact us, please send an email to sales@activesport.co.uk or you can write to us at Mark Anthony Bikes Direct, 115 Spring Gardens, Buxton, SK17 6BX or call us on 01298 22002



'Every effort has been made to ensure accuracy throughout this website. However, We and the Bike / Part manufacturers reserves the right to change bike specifications, features, prices and colours without prior notice.'