TERMS & CONDITIONS
1. Interpretation and
Scope
These terms are applicable to the users of the website and any transactions done in the stores operated under the trade name of BikeX or under its licence. The domain name bikex.store, and all subdomains, (hereinafter referred to as "Website") is owned by CeX Limited.
Scope - Your use of this website & services in the store are governed by the following terms and conditions ("Terms of Use")including the applicable policies which are incorporated herein by way of reference.
If you transact on the website or in store, you agree to be bound by the Terms of Use. You shall be subject to the policies that are applicable to the website and stores for such transactions and/or access. By mere use of the website, you shall be contracting with CeX Limited and these Terms of Use including the policies constitute your binding obligations with BikeX.
Part I of the terms apply to both Online and Store orders, whereas Part II and Part III apply to Online and Stores respectively.
2. Definition
3. Warranty
In our unique 48-hours returns policy, the Customer is entitled to return an Unwanted item within 48-hours of sale for a full refund to a BikeX voucher. Refund will be subject to testing and if the item is returned in the same condition as sold. In order to prevent abuse, BikeX reserves the right to limit the number of exchanges from a specific customer.
6. Description of Products
All Products are second hand unless specifically stated and all Product descriptions and images are for display purposes only and do not represent the finished Product.
Certain Products sold by BikeX may have been purchased from outside the United Kingdom under certain agreements that restrict or forbid subsequent re-exportation from the United Kingdom. The Customer will not export any Product sold by BikeX without first obtaining all appropriate approval from the relevant authorities.
12. Limitation of Liability
If any part of the Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Terms of Use and shall not affect the validity and enforceability of any of the remaining provisions.
14. Indemnity
You agree to indemnify BikeX fully from any third party claims arising out of your negligence.
15.Notice
While transacting with BikeX, you agree to be bound by the laws of England and Wales.
17. Data Protection
Kindly refer to our Privacy policy here.
18. Age Restrictions
19. Force Majeure
BikeX shall not be liable for any default due to any Act of God,war, strike, lockout, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of BikeX
PART - II (Online only)
20. Buying, Selling and Exchange of Products
BikeX reserves the right to change the Terms of Use from time to time, and your continued use of the website (or any part thereof) following such change shall be deemed to be your acceptance of such change. If you do not agree to any change to the conditions then You must immediately stop using the website.
24. Third party links
BikeX shall not be responsible for the contents of any third parties, provided to you by a link on the website or otherwise.
25. Cookies and other Technologies
Kindly refer to our cookie policy here.
Part III (Stores Only)
26.General
The contract between BikeX and you in respect of the Products comes into existence when your order has been accepted by BikeX (or vice versa) in accordance with these Terms of Use.
27. Buying from BikeX
Any order placed in store will be considered as a binding contract between the Customer and BikeX, when the order is handed over to the Customer after the Customer has made the payment.
28.Selling to BikeX
Title of the Products shall pass to BikeX following successful testing and a purchase price having been agreed between BikeX and you.
29. Testing of Products
These terms are applicable to the users of the website and any transactions done in the stores operated under the trade name of BikeX or under its licence. The domain name bikex.store, and all subdomains, (hereinafter referred to as "Website") is owned by CeX Limited.
Scope - Your use of this website & services in the store are governed by the following terms and conditions ("Terms of Use")including the applicable policies which are incorporated herein by way of reference.
If you transact on the website or in store, you agree to be bound by the Terms of Use. You shall be subject to the policies that are applicable to the website and stores for such transactions and/or access. By mere use of the website, you shall be contracting with CeX Limited and these Terms of Use including the policies constitute your binding obligations with BikeX.
Part I of the terms apply to both Online and Store orders, whereas Part II and Part III apply to Online and Stores respectively.
2. Definition
- 1. "Affiliates" means any website operator, retailer, kiosk operator, direct marketing company, telemarketer,or operator of other direct marketing campaigns that has entered into an agreement with BikeX which compensates the affiliate for transactions resulting from business directed to BikeX by the affiliate.
- 2. "Buying" shall mean purchase of any Product by a Customer from BikeX.
- 3. "BikeX" includes CeX Limited and its Group companies and any of the stores run by its Franchisees.
- 4. "Cookies" means small text files which our website places on your device to store information about your shopping session and to identify your device.
- 5. "Contract" means once you place your order online/ in-store you will have made an offer to BikeX to purchase/sell/exchange the Product. The Contract shall only be deemed to be accepted and in force once BikeX issues a written acceptance of the Order detailing in full the specification of the Product and price.
- 6. "Customer" means a person or organisation that buys, sells or exchanges Products with BikeX in store or online.
- 7. "Exchange" shall mean an act of giving one thing and receiving another in consideration to cash, kind or donation.
- 8. "Personal Information" means the details provided by you on registration or at the time you become a member and/or any subsequent information that you provide after or before the registration;
- 9. "Product/s" mean chattels real (movable property) bought, sold or exchanged between a Customer and BikeX,and also those Products that are sent to BikeX for sale but for which transaction has not yet been completed
- 10. "Product Description" means that part of the website where the description of the particular Product is provided.
- 11. "Selling" shall mean any Product sold by a Customer to BikeX.
- 12. "Services" shall mean servicing and repair services arising out of or in connection with the Product sold by BikeX. It shall also include services offered by BikeX independent of any sale of Products.
- 13. "Store" means a BikeX retail store.
- 14. "User" means a person who uses or accesses this website and/or is a Customer.
- 15. "Users" means the users of the website collectively.
- 16. "Website" means the website located at bikex.store and its subdomains and any subsequent URL which may replace it.
3. Warranty
- 3.1 Product & Accessories
- 3.1.1 Brand New Products: In case of brand new products the terms of standard manufacturer’s warranty shall apply.
- 3.1.2 Second Hand Products - Normal and Extended
warranty.
- 3.1.2.1 Normal Warranty: BikeX offers a 100 day warranty on bikes, frames, wheels, and servicing with certain exceptions as detailed in clause 3.1.2.3 from the date of purchase.The warranty shall further cover two complimentary health check-ups on such terms as decided by BikeX from time to time.
- 3.1.2.2 Extended Warranty: BikeX offers an extended warranty on all products and accessories for an additional period of 1 (one) year inclusive of the 100 days warranty period on payment of such fees as prescribed by BikeX from time to time.
- 3.1.2.3 Exceptions to Warranty
- Any damage caused due to normal wear and tear.
- Any damage caused due to severe weather condition.
- 3.2 Warranty for Services
BikeX offers a 100 days standard warranty on all Services with the following exceptions:
- Any damage caused due to normal wear and tear.
- Any damage caused due to severe weather conditions.
- Dirty bikes.
- 3.3 If the product sold by BikeX is found to be faulty or develops a fault within the first 30 days of saleBikeX will refund to the original value and via the same payment method.
- 3.4 All products sent to BikeX for refund or return under warranty are made pursuant to a shipment contract.Prior to BikeX receiving such products the risk of loss and title for such products remains with the Customer.
- 3.5 Exclusion of Warranty applicable to both
Products and Services
This warranty does not cover damage or failures which result from accident, misuse, abuse, neglect, mishandling, misapplication, faulty installation, improper maintenance, and alteration, improper modification, or service by anyone other than BikeX or an agent approved by BikeX.
- 4.1 BikeX will only accept Products returned that are:
- (a) Accompanied by a valid proof of purchase for the Products.
- (b) Returned Products to BikeX should contain all items included in the original Product.
4.2 All returned Products need to be tested and the fault verified before any refund, repair or replacement can be issued.
In our unique 48-hours returns policy, the Customer is entitled to return an Unwanted item within 48-hours of sale for a full refund to a BikeX voucher. Refund will be subject to testing and if the item is returned in the same condition as sold. In order to prevent abuse, BikeX reserves the right to limit the number of exchanges from a specific customer.
6. Description of Products
All Products are second hand unless specifically stated and all Product descriptions and images are for display purposes only and do not represent the finished Product.
- 6.1 Images - images are for illustration purposes only. Actual Product design may vary from image.
- 6.2 Condition of Products - the price will vary depending on the cosmetic condition of the Products and its accessories. We break this down into grades: Details and up to date grading can be found here.
- 6.3 BikeX reserves the right to amend prices anytime without prior notice.
- 7.1 You hereby acknowledge and confirm that you have the requisite skill and expertise required to use the products sold and it's your sole responsibility to ensure that you have the relevant compatible accessories for the smooth functioning of the Product. You further warrant us that nothing limits your legal authority to enter into a contract with BikeX.
- 7.2 For the purposes of maintaining appropriate demand and supply and ensuring ‘natural’ price fluctuations and stock availability for the benefit of all our customers, BikeX reserves the right to limit the number of units of any particular item, sold to any individual customer, at any time.
- 8.1 BikeX reserves the right to refuse to purchase any Product at their sole discretion.
- 8.2 BikeX reserves the right to limit the number of purchases at their sole discretion.
- 8.3 Once you sell your Products to BikeX, the ownership will be transferred to BikeX. You also warrant that you are the rightful and legitimate owner of the Product or have been authorised to sell the Product and that the product is free from any encumbrances or third party claims
- 8.4 Please note that prices quoted on our website are subject to change without prior notice. BikeX can pay for the items it bought in cash/bank transfer or vouchers, as per your choice.The price offered in cash varies from the price offered in voucher or exchange. Vouchers once issued, cannot be transferred and hold no cash value
- 8.5 If a purchase exceeds the redeemer’s voucher balance, the remaining amount must be paid by an additional voucher, cash or any other payment method being accepted by BikeX at that point in time.
- 8.6 All the vouchers issued by BikeX are transferable.However, selling and purchasing of vouchers shall be done at your own risk. BikeX shall not be liable for fraud arising out of or in connection to this. The person who holds the voucher will be considered to be the rightful owner of the voucher.
- 9.1 You warrant that:
- 9.1.1 The Personal Information which you are required to provide when you register as a Customer is true,accurate, current and complete in all respects.
- 9.1.2 You will update your account to reflect any changes to your Personal Information.
- 9.1.3 You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
- 9.2 If you wish to sell or exchange Products you must become a BikeX member and in doing so, agree to be bound by the additional terms and conditions of membership (available on request from any BikeX store). For more information please refer to our membership requirements here.
- 9.3 If you sell your Products in store and choose FPS (bank transfer) as the method of payment, we will create an online account for you so that we can process the payment.
- 9.4. You may only have one BikeX Online account and one BikeX Store account registered with BikeX. If you hold more than one Online or Store account with BikeX the most recently created account will be considered valid and all pre-existing accounts will be suspended.
- 10.1 Copyright
All content included on the BikeX website or displayed in store, such as text, graphics,logos,button icons, images, audio clips, digital downloads, data compilations, and software, is the property of BikeX or its content suppliers and protected by UK and international copyright laws. - 10.2 Trademarks
BikeX and other marks indicated on BikeX’s website site and/or store are registered trademarks of BikeX, its parent company or its subsidiaries, in the UK and other countries. BikeX and other graphics, logos,page headers, button icons, scripts, and service names are trademarks or trade dress of BikeX,its parent company or its subsidiaries.
Certain Products sold by BikeX may have been purchased from outside the United Kingdom under certain agreements that restrict or forbid subsequent re-exportation from the United Kingdom. The Customer will not export any Product sold by BikeX without first obtaining all appropriate approval from the relevant authorities.
12. Limitation of Liability
- 12.1 While BikeX will use reasonable endeavours to verify the accuracy of any information on the website or displayed in the store, BikeX makes no warranties, whether express or implied in relation to its accuracy.
- 12.2 BikeX will not be liable, in contract, tort for:
- Any economic losses
- Any loss of goodwill or reputation
- Any special or indirect losses suffered by the User as per the Terms of Use
- 12.3 BikeX’s liability whether in contract, tort or otherwise in respect of any defect in the Products or for any breach of the Terms of Use or of any duty owed to the Customer in connection herewith shall be limited in the aggregate to the price of the Products in question.
If any part of the Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Terms of Use and shall not affect the validity and enforceability of any of the remaining provisions.
14. Indemnity
You agree to indemnify BikeX fully from any third party claims arising out of your negligence.
15.Notice
- 15.1 Any notice given under or pursuant to these Terms of Use may be sent by hand or by post or by registered post or by recorded delivery. It would first be received by the addressee in normal business hours.
- 15.2 The registered company name and address
is:
CEX LIMITED, STERLING HOUSE, FULBOURNE ROAD,LONDON,E17 4EE.
Company registration number: 03194152.
*Please note that BikeX runs franchise businesses as well. A franchise store is a different corporate entity but strictly adheres to BikeX business model and acts as per the obligations under the Franchise Agreement.
While transacting with BikeX, you agree to be bound by the laws of England and Wales.
17. Data Protection
Kindly refer to our Privacy policy here.
18. Age Restrictions
- 18.1 The Customer placing orders or making purchases, confirms that he/she is of the appropriate age to receive and utilise the Product he/she has ordered/purchased.
- 18.2 Any Customer ordering or purchasing a Product for or on behalf of a third person shall need to make sure that the intended recipient of the order is of the appropriate age to receive and utilise the Product that he/she has ordered/purchased.
- 18.3 If you are under 13, you may use the website only with involvement of a parent or guardian.
19. Force Majeure
BikeX shall not be liable for any default due to any Act of God,war, strike, lockout, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of BikeX
PART - II (Online only)
20. Buying, Selling and Exchange of Products
- 20.1 Buying from BikeX
- 20.1.1 Any order placed online will be considered as a binding contract, when the order will be dispatched by BikeX unless it has been cancelled by BikeX or the Customer. BikeX may cancel the order in case the Product is unavailable from the stock, or proper payment has not been made by the Customer.BikeX may also cancel the order if the Customer doesn’t meet the eligibility criteria or is in breach of the Terms of Use.
- 20.1.2 Contract cancellation: An order can be cancelled till the time it has been dispatched.
- 20.1.3 Unwanted Products: As per the distance selling regulations you have until 14 days to return the Product as unwanted. Outside the 14 day period, BikeX reserves the right to refuse any refund or exchange for the Products which are not faulty.
- 20.1.4 Order Delivery - BikeX is only able to deliver orders to the UK billing address mentioned on your bank/credit card account or to the registered UK address of your PayPal account used for the transaction. BikeX is not liable for any missed delivery, due to an incorrect or incomplete address entered by you.
- 20.2 Selling to BikeX
- 20.2.1 Your obligation is to dispatch the Products that you are selling to BikeX in a timely manner.Your Product must be received by BikeX at the designated location within ten [10] days of your order being placed. Quoted prices may vary or orders may be cancelled if Products are not received within this period.
- 20.2.2 All products sent to BikeX are made pursuant to a shipment contract. Prior to BikeX receiving such products the risk of loss and title for such Products remains with the Customer.
- 20.2.3 You must ensure that all parts of your order are sent at the same time. Should BikeX receive only part of your order, BikeX will cancel the Products that have not been received, and process the Products that BikeX has received. BikeX will not take responsibility for incomplete orders.
- 20.2.4 BikeX issues payment on the basis of details provided by the Customer and shall not be liable for payment made to the wrong account due to incorrect details.
- 20.2.5 The value BikeX offers for your Products may be reduced upon receipt depending on their condition or quantity.
- 21.1 Delivery is deemed to take place when BikeX hands over the Product to the Customer.
- 21.2 Late delivery of Products does not entitle the Customer
to do any of the following:
- (a) Reject the Products.
- (b) Cancel the order.
- (c) Withhold payment of any part of the Product contract price.
- 22.1 Any Product that fails our testing procedures will be returned (if requested) by Royal Mail Recorded Delivery.
- 22.2 Once sent, a tracking number can be supplied on request.
- 22.3 BikeX will not take responsibility for lost or damaged Products among failed Products.
BikeX reserves the right to change the Terms of Use from time to time, and your continued use of the website (or any part thereof) following such change shall be deemed to be your acceptance of such change. If you do not agree to any change to the conditions then You must immediately stop using the website.
24. Third party links
BikeX shall not be responsible for the contents of any third parties, provided to you by a link on the website or otherwise.
25. Cookies and other Technologies
Kindly refer to our cookie policy here.
Part III (Stores Only)
26.General
The contract between BikeX and you in respect of the Products comes into existence when your order has been accepted by BikeX (or vice versa) in accordance with these Terms of Use.
27. Buying from BikeX
Any order placed in store will be considered as a binding contract between the Customer and BikeX, when the order is handed over to the Customer after the Customer has made the payment.
28.Selling to BikeX
Title of the Products shall pass to BikeX following successful testing and a purchase price having been agreed between BikeX and you.
29. Testing of Products
- 29.1 While BikeX will make every effort to look after Products left by you for testing, they are left at your own risk.
- 29.2 Products that fail the test or are rejected by BikeX for purchase will be held for 14 days for collection. After 14 days BikeX may dispose of them at your expense.