1. Our terms and conditions.
1.1. What these terms cover.
These are the terms and conditions on which we supply products to your order via our website or by telephone or when you purchase goods from our stores.
1.2. Why you should read them.
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
2. Information about us and how to contact us.
2.1. Who we are.
We are Flat Earth Adventure Limited a company registered in England and Wales. Our company registration number is 08844444 and our registered office is at 28 Knowl Piece, Wilbury Way, Hitchin, Hertfordshire SG4 0TY. Our registered VAT number is GB 188 5075 68. Our website is www.theflatearth.co.uk (“Website”).
2.2. How to contact us.
You can contact us by telephoning our customer service team at 01438 829239 or by writing to us at firstname.lastname@example.org or 121 High Street, Codicote, Hertfordshire SG4 8UA.
2.3. How we may contact you.
If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4. “Writing” includes emails.
When we use the words “writing” or “written” in these terms, this includes emails.
3. Our contract with you
3.1. How we will accept your order – Website or telephone or in store.
We will refer to all such orders as Orders in these terms and there are some terms which do not apply if you purchase the products in store. These are identified in these terms.
3.2. If you place an order via the website or by telephone or in store this constitutes an offer to purchase the products in accordance with these terms and you are responsible for ensuring that the terms of the Order and any specification submitted by you are complete and accurate.
3.3. The Order shall only be deemed accepted by us when you have paid for the products in full, the monies have been received by us and the products have been dispatched. Any email, order confirmation or other electronic acknowledgement by us of receipt of an Order does not constitute legal acceptance by us of your order. We will confirm our acceptance to you by sending you and email confirming that the products have been dispatched (“Dispatch Confirmation”). The contract between us is formed when we send you the Dispatch Confirmation.
3.4. If you order products in store, our acceptance of your order will take place when we tell you that we are able to provide you with the product, at which point a contract will come into existence between you and us.
3.5. If we cannot accept your order.
If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements; because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.6. Your order number.
We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.7. We only sell to the United Kingdom (UK).
Our brochure and website are solely for the promotion of our products in the UK. However, if you require delivery to an address outside the UK then please contact us at our email address: email@example.com or if you are placing your order in store we will discuss this with you at the time and we will advise you if we are able to sell to you and meet your delivery requirements. Please note that for online or telephone orders we can only deliver our products to the address registered to the cardholder who makes the online payment.
4. Our products.
4.1. Products may vary slightly from their pictures.
The images of the products in our brochure or on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours or the printed pictures in our brochure accurately reflects the colour of the products. Your product may vary slightly from those images.
4.2. Product packaging may vary.
The packaging of the product may vary from that shown in our brochure or on our website.
5. After sales service and guarantees.
5.1. Where applicable, details of manufacturers’ guarantees or service arrangements will be provided with the product and you are reminded that you should complete all guarantee and/or cards/and/or documents immediately upon receipt of the products.
5.2. This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by the supplier, failure to follow the suppliers’ instructions, or any alteration or repair carried out without the supplier’s approval.
5.3. All warranties are non-transferable and only apply for you the original customer.
6. Safe shopping guarantee – online orders
6.1. We have used every effort to ensure that shopping on the internet with us is as safe as purchasing by card in our regular stores.
6.2. Although we endeavour to take all reasonable steps to protect your personal information, we cannot guarantee the complete security of any data you disclose online.
7. Your rights to make changes
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. Please contact our Customer Services Team if you wish to exercise this right.
8. Our rights to make changes
8.1. Minor changes to the products.
We may change the product: (a) to reflect changes in relevant laws and regulatory requirements; and (b) to implement minor technical adjustments and improvements, for example to address a safety or performance issue. These changes should not affect your use of the product.
8.2. More significant changes to the products and these terms.
In addition, as we informed you in the description of the product on our website or in our catalogue or brochure, we may make the following changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract and receive a full refund before the changes take effect: Size, colour, specification changes such as gears, brakes and components due to supplier variation during production.
9. Providing the products
9.1. Delivery costs.
The costs of delivery will be as displayed on our website or discussed with you during the order process on the phone or in store. For UK deliveries these costs are clearly stated in our current price list and also shown in the drop down menu forming part of the checkout procedure for on line orders.
9.2. When we will provide the products.
During the order process we will let you know when we will provide the products to you. We will deliver the products to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order provided the purchase price and delivery costs (if applicable) have been paid for in full.
9.3. We are not responsible for delays outside our control.
If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
9.4. Collection by you.
If you have asked to collect the products from our premises, you can collect them from us by making an appointment in advance at any time during our working hours, normally 10:00 am – 5.00 pm on Tuesday to Saturday (excluding public holidays). Please note that in order for you us to release the products to you, you must provide photo ID together with a recent utility bill or bank statement (dated within 30 days of collection) in the name of the person who has submitted the order online, over the telephone or in store.
9.5. If you are not at home when the product is delivered.
If no one is available at your address to take delivery, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
9.6. If you do not re-arrange delivery.
If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 12.2 will apply.
9.7. When you become responsible for the product.
The product will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you collect it from us.
9.8. When you own the product.
You own a product once we have received payment in full.
9.9. What will happen if you do not give required information to us.
We may need certain information from you so that we can supply the products to you. If so, this will have been stated in the description of the products on our website and in our catalogue or brochure. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 12.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
9.10. Reasons we may suspend the supply of products to you.
We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the product as requested by you or notified by us to you (see clause 8).
9.11. Your rights if we suspend the supply of products.
We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 2 weeks and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
9.12. We may also suspend supply of the products if you do not pay.
If you do not pay us for the products when you are supposed to (see clause 14.6) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 14.8). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 14.6).
10. Your rights to end the contract
10.1. IF YOU HAVE PLACED YOUR ORDER ON LINE OR OVER THE PHONE you can always end your contract with us.
Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or mis-described you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 13;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 10.3;
(c) If you have just changed your mind about the product, see clause 10.4. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
(d) In all other cases (if we are not at fault and there is no right to change your mind), see clause
10.2. IF YOU HAVE PLACED YOUR ORDER IN STORE you can always end the contract for supply of a product before it has been delivered and paid for. You may contact us to end your contract for a product at any time before we have delivered it and you have paid for it, but in some circumstances we may charge you for doing this, as described below. Of course, you always have rights where a product is faulty or mis-described (see clause 13, “If there is a problem with the products”).
10.3. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 8.2);
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 2 weeks; or
(e) you have a legal right to end the contract because of something we have done wrong (including because we have delivered late).
10.4. Exercising your right to change your mind (Consumer Contracts Regulations 2013).
For most products bought online or over the phone you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
10.5. How long do I have to change my mind?
How long you have depends on what you have ordered and how it is delivered.
(a) You have 14 days after the day you (or someone you nominate) receives the goods, unless:
(i) Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receive the last delivery to change your mind about the goods.
10.6. Ending the contract where we are not at fault and there is no right to change your mind.
If you do not have any other rights to end the contract (see clause 10.1 (d)), you can still contact us before it is completed and tell us you want to end it. If you do the contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) £100 for contracts as compensation for the net costs we will incur as a result of your ending the contract.
11. How to end the contract with us (including if you have changed your mind)
11.1. Tell us you want to end the contract.
To end the contract with us, please let us know by doing one of the following:
(a) Phone or email. Call customer services on 01438 829239 or email us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) Online. Complete the form on our website https://theflatearth.co.uk/contact-us/ (“Form”)
(c) By post. Print off the Form and post it to us at the address on the Form. Or simply write to us as that address, including the information required in the Form.
11.2. Returning products after ending the contract.
If you end the contract for any reason after products have been dispatched to you and (because we cannot recall them) they are delivered to you, you must return them to us. You must either return the goods in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on 01438 829239 or email us at email@example.com or write to us at Flat Earth Adventure Limited, 121 High Street, Codicote, Hertfordshire. SG4 8UA for a return label or to arrange collection.
If you are exercising your right to change your mind under clause 10.1 (c) you must send off the goods within 14 days of telling us you wish to end the contract. The products must be returned in the same condition and packaging as when they were first received with no more than 5 miles on the speedometer. Any additional mileage will be charged at £5 per mile and we reserve the right to make further deductions in accordance with our rights under clause 11.6 (a).
11.3. When we will pay the costs of return.
We will pay the costs of return:
(a) if the products are faulty or mis-described;
(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong then we will pay the costs of return. In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return. In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
11.4. What we charge for collection.
If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. The costs of collection will be the same as our charges for standard delivery. This charge is £50 inclusive of VAT.
11.5. How we will refund you.
We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
11.6. Deductions from refunds.
If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
11.7. When your refund will be made.
We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
(a) If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 11.2.
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
12. Our rights to end the contract
12.1. We may end the contract if you break it.
We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us or we are unable to collect payment from you when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;
or (c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us
12.2. You must compensate us if you break the contract.
If we end the contract in the situations set out in clause 12.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you £100 as compensation for the net costs we will incur as a result of your breaking the contract.
12.3. We may withdraw the product.
We may write to you to let you know that we are going to stop providing the product. We will let you know at least 2 weeks in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
13. If there is a problem with the product
13.1. How to tell us about problems.
If you have any questions or complaints about the product, please contact us. You can telephone our team at 01438 829 239 or write to us at firstname.lastname@example.org or Flat Earth Adventure Limited. 121 High Street, Codicote, Hertfordshire SG4 8UA. Alternatively, please speak to one of our staff in-store.
13.2. Summary of your legal rights.
We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
13.3. Your obligation to return rejected products.
If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 01438 829 239 or email us at email@example.com for a return label or to arrange collection.
14. Price and payment
14.1. Where to find the price for the product.
The price of the product (which includes VAT) will be the price set out on the Website in our price list in force at the date of your order unless we have agreed another price in writing. All prices are shown in Pounds Sterling. We take all reasonable care to ensure that the price of product advised to you is correct. However please see clause 14.5 for what happens if we discover an error in the price of the product you order.
14.2. The price of the products is exclusive of the costs and charges of delivery of the products (if applicable).
14.3. The prices shown on line are only applicable to purchases made via the Website. On occasions, the prices payable and promotions offered online may differ from those prices and promotions offered at the same time in our stores. We are under no obligation to honour any in-store price or promotion that differs from those online. Similarly, our stores are under no obligation to honour any online price or promotion that differs from the in-store price. All offers are subject to availability and while stocks last unless specified in our online or offline promotional materials.
14.4. We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
14.5. What happens if we got the price wrong.
It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated in our price list, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
14.6. When you must pay and how you must pay.
We accept payment by most major credit cards, or debit cards via Paypal where the card is registered at a UK address or by bank transfer. We regret that we do not accept payment by cheque, Amex or Diners Card or any other form of payment. You must pay for the products (including delivery) before we dispatch them. We may also offer on-line finance which is provided by various lenders or through Cyclescheme.co.uk which may be available to you subject to status. Please ensure that the expiry date of your credit or debit card is after the anticipated despatch date of your Order. Payment will be debited from your account just before the despatch of the products, and if your payment card has expired, we will be unable to take payment and fulfil your Order. We will endeavour to process any payments at the time of dispatch. On the rare occasion that this process is not successful, we will re-process accordingly. We will not inform you if this delay occurs. All credit and debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.
14.7. We can charge interest if you pay late.
If you do not make any payment to us or if we are unable to collect any payment from you by the due date we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of Barclays Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
14.8. What to do if you think an invoice is wrong.
If you think an invoice is wrong please contact us promptly to let us know and we will not charge you interest until we have resolved the issue.
15. Our responsibility for loss or damage suffered by you
15.1. We are responsible to you for foreseeable loss and damage caused by us.
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
15.2. We are not liable for business losses.
We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
16. How we may use your personal information
16.1. How we will use your personal information.
We will use the personal information you provide to us:
(a) to supply the products to you;
(b) to process your payment for the products;
and (c) if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these at any time by contacting us.
16.2. We may pass your personal information to credit reference agencies.
Where we extend credit to you for the products we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.
16.3. We will only give your personal information to other third parties where the law either requires or allows us to do so.
17. Other important terms
17.1. We may transfer this agreement to someone else.
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
17.2. You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee).
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
17.3. Nobody else has any rights under this contract (except someone you pass your guarantee on to).
This contract is between you and us. No other person shall have any rights to enforce any of its terms.
17.4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
17.5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
17.6. Which laws apply to this contract and where you may bring legal proceedings.
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. 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.
18. Speed electric Bikes
18.1 Your responsibilities if you purchase a Speed Electric Bike.
If your product is a Speed Electric Bike, then you should be aware that these bikes fall outside of conventional ebike law and are classified as L1e light moped. To use this bicycle on a public road the user must first register it, fit a registration plate and then tax and insure it. It is illegal to ride Speed Electric Bikes on the roads (other than on private property with the owner’s prior consent). The registration plate holder can be removed in those territories where these restrictions do not apply. You are responsible for ensuring you are compliant with the appropriate law in each territory in which you ride your Speed Electric Bike.
18.2 What is a Speed Electric Bike?
Any electric bike sold which has a motor with power rated in excess of 250W or assists the rider to achieve a speed of more than over 15.5mph (not including the 10% deviation bringing the maximum assistance speed to no more than 17mph) will be categorised as a Speed Electric bike. Save for death or personal injury caused by our negligence or the negligence of our employees, agents or sub-contractors (as applicable) for which we shall be liable as required by law, we take no responsibility whatsoever for where the customer may ride the bike or any injury caused to the rider or that of a third party thereof. It is your sole responsibility to ensure the bike is ridden in a safe, legal and sensible manner so as not to cause damage to yourself, a third party or damage to any property.