Cadence Performance Terms & Conditions
1. Any reference to Company/Seller shall mean Cadence Performance Ltd, 2A Anerley Hill, London SE19 2AA, trading as Giant Crystal Palace, Giant Twickenham, Giant Shoreham, Giant St Albans, Giant St Pauls, Giant Paddock Wood who sell or supply bicycles and bicycle equipment, clothing and accessories in the course of their trade or business.
2. Buyer/Purchaser 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, legal rights shall remain unaffected. Where the term buyer appears within these terms it shall mean consumer buyer/purchaser unless specified as relating to a trade buyer or consumer buyer individually.
3. Goods or equipment shall mean the items detailed in the appropriate section of the sales/order form and it shall be a core term of this agreement that all ancillary items are additional to this agreement unless specifically detailed within the sales invoice/order form.
4. Price shall mean the consideration due for purchase and shall include VAT unless otherwise stated. Purchasers should note that prices quoted may vary (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.
GENERAL
5. We warrant to you that any Goods purchased from us through our Stores or Website will, on delivery, be free from material defects in materials or workmanship. If the item is faulty or not fit for purpose, you have the right to reject or return the goods and demand a refund, a repair or a replacement as per the consumer rights act 2015. You must inform us, the seller, within 30 days of receiving it if you decide to reject the goods and have a refund. If you purchase goods from our website you have a 14 day cooling off period to return goods in the same state they were delivered to you under the consumer contracts regulations 2014..
6. These conditions shall apply to all of the company's quotations and contracts, orders (including telephone orders) for the sale or supply of goods accepted by the company. For the trade buyer, 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 the company. For the consumer purchaser, additional conditions shall only be binding upon the company if confirmed in writing by the company.
7. The company reserves the right to amend technical or clerical errors in any order without notice. In addition, the buyer shall ensure that all details contained within the order are correct and no liability for any error or inaccuracy shall lie with the company.
GUARANTEES
8. All guarantees for products are provided entirely by the manufacturers/UK importers and are subject to terms contained therein. Purchasers are reminded to complete all warranty cards/documents upon receipt of goods where appropriate.
LIMITATIONS UPON LIABILITY
9. Advice given by agents or servants of this company during telephone/Internet orders is based entirely upon information given by the purchaser. Where advice is given after visual inspection by agents or servants of this company, such advice shall amount to an opinion only and the company shall not accept liability for any inaccuracies. Additionally, goods supplied are supplied only to correspond to the purpose for which goods of that kind are commonly supplied and not alternative uses to which they may be put. No liability for failure can be accepted by this company for such alternative use, amendment or modification.
10.Compatibility of goods is not guaranteed where modifications or alterations have been made and the company shall, in such circumstances, and at its discretion, issue a refund or credit to the purchaser.
11. Where goods purchased by the buyer are alleged to be defective, the purchaser agrees to return such goods to the seller for inspection and report (without the seller replacing the said goods prior to such inspection). The purchaser further confirms that it shall be reasonable for the seller to inspect, repair or replace (at its option) such defective goods and allow manufacturers to undertake inspections so as to allow production methods to be modified. The purchaser also accepts that it is reasonable to inform the seller of any interruption, defect or other failure prior to contacting independent third parties or incurring expense and, in addition, to allow the seller to remedy the defect, failure or interruption. Parts modified or adapted by the purchaser shall no longer be warranted by the manufacturer nor shall the company be liable for any failures resulting subsequent to modification.
12. "Competition" goods are supplied for specialist use and are subject to extreme wear and stress whilst in use. Life expectancy and durability are greatly reduced and purchasers should note that any claim for failure/wear shall be limited to that of the manufactures guarantees. It is agreed that such use shall be a relevant circumstance for the Sale of Goods Act 1979 (as amended). In addition, parts connected to parts supplied by this company may be placed under stress where specialist/competition parts are used, and purchasers should take advice from experts prior to purchase. Manufacturers may also limit guarantees when components are installed for competition use.
13. Where modifications or alterations and poor maintenance to goods have been made the company shall accept no liability for death or personal injury unless caused directly by its own negligence.
14. No liability is accepted by the company where purchasers attempt to modify or install components supplied where it is known or ought reasonably to be known that the part supplied is incorrectly supplied, defective or otherwise not in accordance with the order.
15. The company accepts no liability in respect of failure to supply or other interruptions caused by matters beyond the reasonable control of the company, including strikes, lockouts, civil disputes, acts of God, war or actions by third parties.
16. Notwithstanding any other provisions of this Agreement, nothing in this Agreement 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).
PAYMENT TERMS
17. 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, orders placed before the variation will remain the same price and no further increases will be passed to customer.
TITLE AND DELIVERY
18. Title to the product shall not pass to the buyer until the company has received payment in full completing the contract. In the event that sums owing in respect of other items ordered within contract remain due, apportionment by this company shall take place without prejudice to the right to retain title in respect of all goods ordered.
19. All times given for dispatch or delivery are approximate and time shall not be of the essence. The buyer agrees to allow 30 days in any written notice making time of the essence and further agrees to accept full liability in respect of delayed or late delivery or dispatch. In any event, delivery times are approximate and variable. When delivery is affected to the purchaser directly or to an independent delivery contractor as agent for the purchaser, risk shall pass to the buyer immediately.
20. The buyer is required to notify the company, in writing, of any shortage, miss delivery or other discrepancy immediately, or at the latest within five days of such failure, thereafter the buyer shall be liable for any such discrepancy. Where delivery is affected to the buyers own delivery contractor, loss or damage in transit claims should be made directly to the carrier. The company will assist purchasers in making their claim. Buyers should retain all packaging in the event of a claim or return within the terms of this agreement.
21. Goods delivered to the buyer may be returned to the Company preferably in original packaging (packaging must be adequate for returning by post etc.) and without being installed or used for credit within 14 days from the day after delivery of the goods.
22. The buyer confirms that he shall comply with any or all rules relating to installation of the product concerned and fully accepts that any loss which results from forced, misdirected, inappropriate or unqualified installation shall not be accepted by the company.
JURISDICTION
- 23. This agreement shall be interpreted in accordance with English Law and industry custom and practice, and English courts shall have sole jurisdiction in respect of any dispute arising there from. In respect of Internet sales, jurisdiction or the agreement shall be with English Law and it shall be deemed that any agreement is made in Ipswich, Suffolk, irrespective of any rule of contract dictating otherwise.
SALE ITEMS
24. Sale Period: The sale period starts and ends as specified by the retailer or merchant. It is subject to change at their discretion.
2. Availability: Sale items are available only while stocks last. There is no guarantee of availability once the sale period ends.
3. Price: The price of sale items is as advertised during the sale period and is subject to change at the discretion of the retailer.
4. Returns and Exchanges: Sale items may be subject to different return or exchange policies compared to regular-priced items. Please refer to the specific return and exchange policy for sale items provided by the retailer.
5. Refunds: Refunds for sale items will be provided in accordance with the retailer's refund policy. Any refunds issued will be for the sale price paid and not the original retail price.
6. Exclusions: Certain items may be excluded from sale promotions. These exclusions will be clearly stated by the retailer.
7. Limited Quantities: Sale items may have limited quantities available. Retailers reserve the right to limit the number of sale items purchased per customer.
8. No Price Adjustments: Price adjustments for previously purchased items may not be allowed during sale periods.
9. Promotional Codes and Coupons: Promotional codes or coupons may not be applicable to sale items unless explicitly stated by the retailer.
10. Delivery: Delivery times for sale items may be longer than usual due to high demand. Retailers will endeavor to deliver sale items within the specified timeframe but cannot guarantee delivery dates.
11. Additional Terms: Retailers may have additional terms and conditions specific to their sale events. Customers are encouraged to review all terms and conditions before making a purchase.
12. Right to Cancel: Retailers reserve the right to cancel orders of sale items due to insufficient stock, pricing errors, or any other unforeseen circumstances. In such cases, customers will be notified and refunded accordingly.
13. By purchasing sale items, customers agree to abide by these terms and conditions as well as any additional terms set forth by the retailer.
VOUCHER CODES
25. Voucher codes are issued exclusively for your use and enjoyment. By redeeming this code, you agree to the following terms and conditions:
1. Any voucher code can not be used with any other codes on a single purchase.
2. Non-transferable: The code is non-transferable and should not be sold or exchanged for any form of compensation.
3. Validity: Please note the expiration date mentioned on the voucher. The code will not be valid beyond this date.
4. Unique to Recipient: This voucher code is uniquely generated for you and cannot be replicated or used by any other person.
5. Online Use Only: This voucher code is applicable for online transactions only and may not be valid for in-store purchases.
6. Not for Resale: You agree not to sell or attempt to sell this voucher code to any third party.
7. Conditions Apply: The use of this voucher code is subject to the terms and conditions of the issuing company. Please review these conditions before redemption.
8. Fraud Prevention: Any attempt to duplicate or manipulate this voucher code will be considered fraudulent and may result in the code being voided.
9. No Cash Value: This voucher code has no cash value and cannot be exchanged for cash or any other form of currency.
By using this voucher code, you acknowledge and accept these terms and conditions. Any violation of these terms may result in the code being voided, and the issuing company reserves the right to take appropriate action.
For any queries or concerns, please contact our customer support.