February 2017
In the following paragraphs we, Vaaru Cycles, tell you about ourselves, explain the terms and conditions that apply when you access or us our website www.varucycles.com (‘our site’) and the terms and conditions under which we supply our products displayed on this website (‘our goods’) to you. We also set out our privacy policy.
When you decide to buy our goods, these are the terms and conditions that will apply. You should read them carefully before continuing to use our site or placing your order. By ordering any of our products you agree to be bound by these terms and conditions. If you do not find these terms and conditions acceptable, we will be unable to supply our goods to you. The terms and conditions do not affect your statutory rights as a customer.
If, as may happen from time to time, we change our terms and conditions, it will be those to which you are asked to agree when placing your order that will apply to that purchase. Please therefore check that you agree with them before ordering.
1. SOME INFORMATION ABOUT VAARU CYCLES
1.1 Our company name is Vaaru Ltd. and we are a company registered in England and Wales under company number 08681362 and with our registered office and trading address at Ridgeways, Barnham Road, Eastergate, Chichester, West Sussex, PO20 3RP, U.K. Our VAT number is 199 8975 04. We sell bicycles, equipment for use with a bicycle and other related items.
2. GETTING IN TOUCH:
2.1 The easiest way to get in touch with us, whether for advice, to discuss our goods or to make a complaint is by telephoning us 07789 931124 or by emailing us at hello@vaarucycles.com . References in these terms to communications in writing include communications by email.
2.2 If we need to write to you, we will use the email address or the postal address that you supply to us when placing your order and you agree with us that communication between us will usually be by email.
3. ACCURACY
3.1 While we make every effort accurately to depict our goods on our website, there is always the possibility that the images that we use may not accurately reproduce on your computer screen the colours, textures or similar features of the original goods. We would encourage you to get in touch with us before placing your order if you are unclear about such details.
3.2 All measurements are also stated as accurately as possible. Any measurement that differs by more than 5% from that stated in the website description will render the goods unacceptable.
4. USE OF OUR SITE
4.1 By using our site you agree to be legally bound by these terms, which shall take effect immediately on your first use of our site. If you do not agree to be legally bound by all the following terms please do not access and/or use our site.
4.2 We may change these terms at any time by posting changes online. Please review these terms regularly to ensure you are aware of any changes made by us. Your continued use of Our Site after changes are posted means you agree to be legally bound by these terms as updated and/or amended. The terms and conditions that are posted on our site at the time when you place an order are the terms that will apply to that order.
4.3 You agree with us that you will not copy or otherwise use any material from our site in any way (except for your personal, non-commercial purposes). You also agree that you will not adapt, alter or create a derivative work from any material from our site (except for your personal noncommercial purposes). You agree to obtain our prior written permission before using any material from our site.
4.4 You agree to use our site only for lawful purposes in accordance with these terms and conditions, not to use it in a way that infringes the rights of others and not so as adversely to affect anyone else’s use of our site. In particular you agree not to harass, cause distress to or inconvenience such other users, and not to transmit obscene or offensive matter nor to interfere with normal dialogue taking place on our site.
4.5 Our site comprises information, names, images, pictures, logos, icons and other material both as to our company, its products and services, and as to other companies, their products and services. This information is as correct and up to date as we can make it as at the time when you place your order. Some details may change from time to time and all products and services are subject to availability.
4.6 Under no circumstances will we be liable for any of the following losses or damage (whether such losses where foreseen, foreseeable, known or otherwise):
• (a) loss of data;
• (b) loss of revenue or anticipated profits;
• (c) loss of business;
• (d) loss of opportunity;
• (e) loss of goodwill or injury to reputation;
• (f) losses suffered by third parties; or
• (g) any indirect, consequential, special or exemplary damages arising from the use of our site regardless of the form of action.
4.7 We do not warrant that functions contained in our site content will be uninterrupted or error free, that defects will be corrected, or that our site or the server that makes it available are free of viruses or bugs.
4.8 The names, images and logos identifying Vaaru Ltd. or third parties and their products and services are subject to copyright, design rights and trade marks of Vaaru Ltd. and/or third parties. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any trademark, patent, design right or copyright of Vaaru Ltd. or any other third party.
4.9 Links on Our Site may lead to other websites. Vaaru Ltd. accept no responsibility for the content, accuracy or function of such websites nor does Vaaru Ltd. endorse the contents of such sites.
4.10 Contributions to www.vaarucycles.com
4.10.1 Where you are invited to submit any contribution to our site (including any text, photographs, graphics, video or audio) you agree, by submitting your contribution, to grant Vaaru Ltd. a perpetual, royalty-free, non-exclusive, sub-licenseable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution, and in accordance with this website’s acceptable use policy and the privacy restrictions set out in this website’s privacy policy. If you do not want to grant to Vaaru Ltd. the rights set out above, please do not submit your contribution to this site.
By submitting your contribution to this site you confirm that your contribution is your own original work and that you have the right to make it available to Vaaru Ltd. for all the purposes specified above. You confirm that the contribution is not defamatory, that it does not infringe any law and you agree to indemnify Vaaru Ltd. against all legal fees, damages and other expenses that may be incurred by Vaaru Ltd. as a result of your breach of the above warranty. You also agree to waive any moral rights in your contribution for the purposes of its submission to and publication on this site and for the purposes specified above.
4.11 General
4.11.1 If there is any conflict between these terms and specific terms appearing elsewhere on this site then the latter shall prevail.
4.11.2 If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.
4.11.3 These terms shall be governed by and interpreted in accordance with the laws of England and Wales.
5. AGE LIMIT
5.1 You must be at least 18 years old to purchase our goods from our website.
6. MAKING THE CONTRACT
6.1 The online ordering system on our website aims to make it as easy as possible for you to choose the model, size, colour and individual features of the goods that you wish to order from us. You will be given the opportunity to check your order and should do so carefully, making any necessary amendments. We are of course keen that you should be totally satisfied with your chosen goods. So do please take the opportunity to make sure that what you have ordered is what you want.
6.2 After you have submitted your order, you will receive an acknowledgment from us by email. If you have ordered something to be made by us, we will send you an Order Confirmation informing you that we have started to make the item(s) you have ordered. If you have ordered something supplied but not made by us, we will let you know by email that it has been sent to you (Confirmation of Dispatch).
6.3 The contract between us, under which we will be obliged to send the goods you have ordered in accordance with these terms and conditions, is made when we send you the Order Confirmation or the Confirmation of Dispatch.
6.4 If for any reason we are not able to supply the goods you ordered, we will let you know by email and we will not process your order. We will also refund any payment that you made for the goods that we are not able to supply.
7. OUR RIGHT TO VARY THESE TERMS
7.1 As explained at the beginning of this document, our terms and conditions change from time to time. The date of these terms is given at the beginning of this document.
7.2 The terms and conditions that apply to your agreement with us are the terms and conditions that you are/were asked to agree when placing your order.
7.3 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected goods or just the goods you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant unused goods you have already received and we will arrange a full refund of the price you have paid for the returned goods, including any delivery charges relating to those goods.
8. YOUR RIGHT TO CANCEL
8.1 You have the right to cancel this contract within 14 days without giving any reason. This does not apply to any goods we make to your specification or which has been personalised, such as customised frames, customised paint finishes or markings and customised hand built wheels. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods or physical possession of the last items where the contract is for the supply of a number of goods.
8.2 To exercise the right to cancel you must inform us at hello@vaarucycles.com of your decision to cancel this contract by a clear statement (e.g. an email). You may use the attached cancellation form but you do not have to. Your email or letter must include the date and other details of your order to help us to identify it. Your cancellation is effective from the date you send us the email.
Effects of cancellation
8.3 If you cancel your order in accordance with these terms and conditions we will reimburse to you all payments we have received from you (including if applicable the costs of delivery except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us) in respect of the returned goods.
8.4 We may make a deduction from the reimbursement for any loss in value of any goods supplied if the loss in value is due to any unnecessary handling by you. Unnecessary handling is any handling over and above what is necessary to establish the nature, characteristics and functionality of the goods (i.e what you would do in a shop to inspect the goods prior to purchase). For the avoidance of doubt, we will not refund goods which have been opened or tampered with or which have been consumed in whole or in part (unless the goods are defective and such defect was only apparent on opening of the goods). It is your responsibility to ensure goods are returned in suitable packaging, we will make a deduction from the reimbursement of any items returned damaged if they are not suitably packaged.
We will make the reimbursement without undue delay and not later than
(a) 14 days after the day we receive back from you any goods supplied, or
(b) if earlier, 14 days after the day you provide evidence you have returned the goods, or
(c) if there were no goods supplied, 14 days after the day we are informed of your decision to cancel this contract.
We will make the reimbursement using the same means of payment as you used for the original transaction, unless you have expressly agreed otherwise; in any event you will not incur any fees as a result of the reimbursement.
8.5 We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
8.6 If you have received the relevant goods, you shall send them back to us or hand them over to James Beresford at Unit 8, Arun Business Park, Shripney Road, Bognor Regis, West Sussex, PO22 9SX without undue delay and at any event not later than 14 days from the day on which you communicate your cancellation of this contract to us. The deadline is met if you send back the goods before the 14-day period has expired.
8.7 You will have to bear the direct cost of returning the goods. The cost is estimated to be the cost that we charged you for the delivery of the goods.
8.8 You may, but do not have to, use the following notice of cancellation:
To [insert trader’s name, address and email address]
I/We hereby give notice that I/we cancel my/our contract of sale of the following goods
Ordered on [………] [and received on […….]]
Name of consumer(s)
Address of consumer(s)
Signature of consumers (if prepared on paper)
Date
8.9 You agree to examine the goods as soon as is reasonably possible after delivery. This paragraph applies if the goods are found to be faulty or incorrectly described.
8.9.1 You agree to give Vaaru Ltd. a reasonable opportunity to inspect the goods in the same condition as they were after discovery of the defect and at our option will either return the goods to us at your cost, or will allow us to collect the goods, for examination to take place at our premises. The reasonable cost of packaging and carriage of goods returned by you will be reimbursed by us if the Goods are found to be faulty or mis-described and you shall be liable to pay us for any reasonable costs incurred by us collecting goods found not to be defective.
8.9.2 Where the goods are found to be faulty or mis-described, we shall be entitled to replace the goods found to be defective at our cost; or at our option, to refund to you that part of the price paid that relates to the goods found not to conform to warranty within 14 days of the return to us of the faulty goods.
8.10 We will make the reimbursement using the same means of payment as you used for the original transaction, unless you have expressly agreed otherwise; in any event you will not incur any fees as a result of the reimbursement.
8.11 As a consumer, you have legal rights in relation to goods that are faulty or not as described. These legal rights are not affected by anything in these Terms.
9. DELIVERY
9.1 We will contact you with an estimated delivery date within 6 months of the Order Confirmation for any goods we make to your specification or within 30 days after the date of the Confirmation of Dispatch for all other goods. If events beyond our control affect the delivery of the goods to you, section 15 will apply.
9.2 If no one is available at your address to take delivery, our authorised carrier will leave you a note that the goods have been returned to their premises, in which case, please use the contact details on the note to rearrange delivery.
9.3 Delivery is complete when we deliver the goods to the address you gave us and the goods will from that point be your responsibility. You will be the owner of the goods when we have received payment in full, including all delivery charges.
9.5 If you do not receive the goods from us by the delivery deadline in paragraph 9.1 you may cancel your Order straight away if:
we have refused to deliver the goods; or
delivery within the delivery deadline was, in all the circumstances, essential; or
you told us before we accepted your order that delivery within the delivery deadline was essential.
9.6 Alternatively, you may choose to give us a new, reasonable deadline for delivery and you can cancel your Order if we do not meet the new deadline.
9.7 If you choose to cancel your Order for late delivery in accordance with this section you can do so for some or for all of the goods, unless splitting them up would significantly reduce their value. If the goods have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled goods and their delivery.
10. INTERNATIONAL DELIVERY
10.1 Ordering goods from our website for delivery outside the United Kingdom may involve payment of duties and taxes when the goods reach the destination country. We have no control over these duties and taxes and we cannot predict their amount.
10.2 You will be responsible for paying any such import duties and taxes and you should therefore obtain further information from your local customs office before placing your order.
10.3 You must comply with all of the laws and regulations of the destination country. We can accept no responsibility if you break those laws or regulations.
11. PRICE OF PRODUCTS AND DELIVERY CHARGES
11.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error. We will make every effort to ensure the accuracy of quoted prices but note clause 11.3.
11.2 These prices include VAT if applicable but exclude delivery costs, which will be added to the total amount due.
11.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation. Our site contains a large number of goods and it is always possible that, despite our best efforts, some of the goods listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where an item’s correct price is less than our stated price, we will charge the lower amount when dispatching the goods to you. If an item’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the goods, or reject your order and notify you of such rejection.
11.4 We are under no obligation to provide the goods to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.
12. PAYMENT
12.1 You can pay for goods using a debit card or credit card. We accept the following cards: Visa, Mastercard, Solo and Maestro. Payment may also be made by bank transfer. On request, we will provide you with the details to enable a bank transfer to be made. You undertake to us that the details you provide to us for the purpose of ordering or purchasing goods are correct, that the debit or credit card you are using is your own and that there are sufficient funds to cover the cost of the goods or services ordered.
12.2 We require payment for the goods and all applicable delivery charges to have been made before the goods are despatched. We require a deposit of X% of the total price to be paid with any order for goods we make to your specification or which have been personalised, such as customised frames, customised paint finishes or markings and customised hand built wheels. The balance including all delivery charges must then be paid before the goods will be despatched.
13. PRODUCT WARRANTY
VAARU TITANIUM CYCLES 8 YEAR FRAME WARRANTY – January 2017
We would like to thank you for purchasing a Vaaru titanium cycle. We are meticulous in the design and manufacture of our cycle range and are sure you will be completely satisfied with your purchase.
Our frames are designed to be lightweight performance products, which give you the maximum ride quality you expect to feel from titanium. The tubes’ profiles are double butted and in some cases are just over 0.5mm thick. Vaaru only uses the highest quality aerospace grade titanium tubing but no tubing, however carefully designed and manufactured, will withstand abuse.
Vaaru titanium frames come with an 8 YEAR WARRANTY against manufacturing defects due to faults in materials or workmanship; any bespoke finishing is not covered under this warranty.
The 8 YEAR WARRANTY is valid ONLY for the original purchaser (original receipts/proof of purchase will be required, showing purchase date) and is only valid if the frame was previously registered with Vaaru. The warranty is NOT TRANSFERABLE to subsequent owners.
If a significant manufacturing defect appears during the original purchaser’s ownership of the frame, Vaaru will replace the frame with a single frame of the same or a similar updated model. This warranty applies only to the frame and once the replacement frame is supplied, your 8 YEAR WARRANTY expires.
The 8 YEAR WARRANTY applies to normal use and to normal off-road use for all-terrain cycles. It does not apply to damage or failure due to accident, wear and tear, extreme or inappropriate use, abuse, misuse, modification, neglect, stunt riding, jumping, commercial use (hire), theft or act of God. Vaaru are experts in titanium. If a warranty case is opened, Vaaru will examine the frame, and if any of the above is deemed to be the cause of the warranty claim, then Vaaru’s decision to refuse the claim will be final.
Vaaru shall in no event be liable for incidental or consequential losses, damages or expense in connection with its products.
VAARU 2 YEAR PRODUCT WARRANTY
All other products supplied by Vaaru Ltd carry a 2 YEAR WARRANTY against significant manufacturing defects from faults in materials or workmanship. This excludes clothing and any replaceable parts, for example headset bearings. The warranty period commences with the date of purchase. Original proof of purchase by the claimant will be required and the WARRANTY does not cover defects attributable to any sort of misuse of the product. In the event of a claim, VAARU will examine the product and if misuse is deemed to be the cause of the fault, VAARU’s decision to refuse the claim will be final.
WARRANTY CLAIMS
Contact Vaaru Ltd with your initial claim and include photographic evidence clearly showing the fault and the general condition of the cycle along with original receipts/proof of purchase showing purchase date.
Vaaru Ltd – info@vaarucycles.com
CRASH REPLACEMENT POLICY
Vaaru offers a crash replacement policy for any of it’s own branded products. If you have crashed your bicycle and you would like the frame to be inspected for damage or alignment (this may carry a small charge), a report of the incident will be needed with as much information as possible. Any bespoke finishing is not included in the policy and will be quoted upon request. After inspection by Vaaru, if the product is deemed unusable, you will receive a discount as follows:
Up to 2 years from original purchase date 30% off current RRP
Up to 3 years from original purchase date 20% off current RRP
Up to 5 years from original purchase date 15% off current RRP
Vaaru always recommend that you fully insure your bicycle against all incidents.
14. OUR LIABILITY TO YOU
14.1 If we fail to comply with these Terms, we are responsible only for loss or damage you suffer that is a foreseeable and direct result of our breach of these Terms or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it can be shown to have been contemplated by you and us at the time we entered into this contract.
14.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.3 We do not in any way exclude or limit our liability for death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and defective products under the Consumer Protection Act 1987.
15. FORCE MAJEURE
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by force majeure.
15.2 Force majeure means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
15.3 If a force majeure event takes place that affects the performance of our obligations under a Contract we will contact you as soon as reasonably possible to notify you. Our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the force majeure event. Where the force majeure event affects our delivery of goods to you, we will arrange a new delivery date with you after the event is over.
15.4 You may cancel a Contract affected by a force majeure event which has continued for more than 90 days.
16. OTHER IMPORTANT TERMS
16.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing if this happens. This is I suppose to cover sale of the business so I guess you might want to keep it.
16.2 The rights and obligations under these terms can only be exercised by the person who places the order for the goods. They cannot be exercised by third parties.
16.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
16.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
16.5 If you fail to perform any of your obligations under these Terms and we fail to enforce, or delay in enforcing, our rights against you, that will not mean that we have waived our rights against you. You will remain bound by the contract. Any waiver by us of one of our rights under the contract will be in writing but the remaining terms of the contract will remain in force.
16.6 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, 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.
16.7 These Terms are governed by English law. This means a Contract for the purchase of goods through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. If you live in Scotland you can bring legal proceedings in respect of the Products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Products in either the Northern Irish or the English courts. The European Commission provides for an online dispute resolution platform, which you can access here: http://ec.europa.eu/consumers/odr/. If you would like to bring a matter to our attention, please contact us at