terms & conditions
PRIVACY POLICY
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SECTION 1 - WHAT DO WE DO WITH YOUR INFORMATION?
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When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.
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When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
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Email marketing: With your permission, we may send you emails about our store, new products and other updates.
SECTION 2 - CONSENT
How do you get my consent?
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When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.
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If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
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How do I withdraw my consent? If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at guide@eflowcycles.com
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SECTION 3 - DISCLOSURE
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
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SECTION 4 - WIX
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Our store is hosted by Wix. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
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Your data is stored through Wix data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.
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Payment: If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers. For more insight, you may also want to read Shopify’s Terms of Service and Privacy Statement.
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​SECTION 5 - THIRD-PARTY SERVICES
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In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
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However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
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For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
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In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located. â—¦ As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
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Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.
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Links: When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
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Google analytics: Our store uses Google Analytics to help us learn about who visits our site and what pages are being looked at
SECTION 6 - SECURITY
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To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
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If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
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SECTION 8 - AGE OF CONSENT
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
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SECTION 9 - CHANGES TO THIS PRIVACY POLICY
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We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.
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If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.
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QUESTIONS AND CONTACT INFORMATION
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If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at guide@eflowcycles.com
RETURNS POLICY GENERAL CONDITIONS
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Only the original purchaser has the right to return faulty goods. Due to the high incidence of fraud we regret that we are unable to offer any refund without a valid receipt. You must include this with any claim. All refunds under this returns policy will be paid within 30 days of us receiving the returned goods. Refunds will be processed using the same method of payment used for the original purchase. Credit and debit card refunds must be made to the same card used for the original purchase.
For hygiene reasons, we are unable to accept returns of face masks, or cycling underwear whereby the item has been removed from its packaging. Our returns policy does not affect your statutory rights, full details of which can be obtained from any Trading Standards Department or Citizen’s Advice Bureau.
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DAMAGED GOODS UPON DELIVERY/RETURN
If an order(s) is broken or spoiled when it is delivered, please notify us within 30 days of delivery. Within this period, we will also require images of the damage to the packaging and its contents. This will need to be emailed to the relevant store or guide@eflowcycles.com. The customer making a return will be held liable for costs arising from any damage that occurs to the item(s) when returning to any of our stores.
RETURNING AN UNWANTED PURCHASE FOR REFUND OR EXCHANGE IN STORE
If you wish to return or exchange any unwanted item(s) for any reason, you can return the item(s) to the original store it was purchased from within 30 days. Goods must be returned intact, unused, undamaged, clean or not having been fitted to an e-bike. Items need to be in resalable condition in original packaging including all warranty cards, manuals and accessories. For more information please read our full terms and conditions. This fee does not apply to goods that are not in compliance with your legal rights. We do not refund customers if they:
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knew an item was faulty or damaged when they bought it
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damaged an item by trying to repair it themselves or getting someone else to do it (though they may still have the right to a repair, replacement or partial refund)
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no longer want an item (eg because it’s the wrong size or colour) unless they bought it without seeing it
CANCELLATION OF UNDELIVERED ORDERS
Refunds of deposits cannot be given if the item or e-bike has had to be ordered especially from our supplier. If the item was from stock and has been held on a deposit layaway for more than 30 days, then the deposit cannot be refunded, only exchanged or added to an account credit.
ONLINE SALES
If you wish to cancel or return an order at any time up to 30 days from the date of order, please contact us as soon as possible via email, or phone the branch you purchased from for a copy of our returns form. Partial returns are possible. Goods must be returned intact, unused, undamaged, clean and not having been fitted to a bike. Items need to be in resalable condition in original packaging including all warranty cards, manuals and accessories. This includes any damaged incurred whilst building, packaging or shipping a bike. Please do not directly stick labels or write on the item or the item's original packaging. Send your goods (unless otherwise stated) securely packaged by a recorded delivery method, including a copy of your receipt and the returns form seent by us, to the store where you purchased the item from. Please Note: The customer making a return will be held liable for costs arising from any loss or damage that occurs to the item(s) when returning to any of our stores. It’s the responsibility of the purchaser to arrange and cover the costs of any returns. If you want assistance in returning a bulky item such as a bicycle, fork or turbo trainer, please email us at guide@eflowcycles.com to arrange a special courier collection. Depending on the reasons for returning an item a charge may be incurred for this service.
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WARRANTY CLAIMS FOR FAULTY GOODS
In any circumstance of a suspected faulty item purchased from ourselves either in store or online, please contacting us as soon as possible in person or via email with details and/or pictures where possible to obtain a warranty returns number. On receipt of your goods we will carry out a warranty inspection and will contact you within 3 working days of receipt. Terms and conditions of warranties vary depending on the product, so please consult your owners guide of the manufacturer directly for clarification.
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If your purchase is within the manufacturers warranty period we will repair or replace the item(s) as stated in the manufacturers warranty guidelines. In some cases the manufacturer/ supplier may require to see the item(s) before repair or replacement can take place. In this unavoidable situation, we will inform you and it is likely to increase the turn around time of your claim. The customer is entitled to a immediate refund if the goods are deemed to be faulty, of unsatisfactory quality or unfit for purpose within 30 days of purchase. E-Flow Cycles reserve the right to exchange or repair any faulty goods between 14 days and before 3 months from the original purchase. After 6 months from purchase, it is the responsibility of the purchaser to prove a fault. Wear and tear or misuse is not considered a fault and E-Flow Cycles would not be liable in these cases. Labour or transportation costs are not covered by any warranty. As part of our customer service commitment, we are happy to cover the labour of any warranty claim for 24 months, upon e-bikes we supplied. NOT FIT FOR
PURPOSE
When you buy goods you enter into a contract with the seller of those goods. Under the Sale of Goods Act 1979 goods must be;
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'as described',
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'of satisfactory quality', and
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'fit for purpose' – this means both the items everyday purpose, and also any specific purpose that you agreed with the seller, for example, the kind of riding you intend to use the e-bike for - roading riding, mountain biking, cyclocross.
If the e-bike you have purchased is damaged or faulty is anyway, we will action your warranty or replace your e-bike.
EXEMPTIONS
E-Flow Cycles reserve the right to decline a refund or an exchange if the condition of the item(s) don’t comply to the terms above and/or the claim is outside the stated time scales.Sorry, gift certificates and charitable prizes cannot be returned and account credits cannot be refunded.
E-Flow Cycles reserve the right to pass on charges onto the customer for any return of unwanted goods that incurs a cost to process. These include any costs levied by a finance company, courier or cycle scheme provider. We also have the right to charge for any labour or courier costs it may take to process a return should any complications arise due to negligence or accidental damage. We will try our best to process any return, exchange, refund or warranty claim as efficiently and fairly as possible, complying to the terms above and manufacturers guidelines. We respectfully ask that customers realise that we are only human, and rude or threatening behaviour to any staff member cannot be tolerated.
STANDARD TERMS AND CONDITIONS
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BACKGROUND: These Terms and Conditions are the standard terms for the sale of goods by E Flow Cycles LTD, trading as E Flow Cycles, a Limited Liability Company registered in England under number 10130735, whose registered address is 10 Wealden Forest Park, Herne Bay, CT67LQ and whose main trading address isUnit 1, 10 Wealden Forest Park, Canterbury Road, Herne Common, Herne Bay, Kent CT6 7LQ.
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Definitions and Interpretation
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In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
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Business Day means, any day other than a Sunday, Monday, Tuesday or bank holiday;
“Calendar Day” means any day of the year;
“Commercial Unit” means a delivery of Goods, the character and/or value of which would be materially impaired if divided; “Contract” means the contract for the purchase and sale of Goods, as explained in Clause 3; “Goods” means the goods which are to be supplied by Us to you as specified in your Order (and confirmed in Our Order Confirmation); “Month”
means a calendar month;​
"Price” means the price payable for the Goods;
“Special Price” means a special offer price payable for Goods which We may offer from time to time;
“Order” means your order for the Goods as attached;
“Order Confirmation” means Our acceptance and confirmation of your Order as described in Clause 3; “We/Us/Our” means E Flow Cycles LTD, trading as E Flow Cycles, a Limited Liability Company registered in England under number 10130735 ,whose registered address is 10 Wealden Forest Park, Canterbury Road, Herne Common, Herne Bay, Kent CT6 7LQ.
​Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, text message or other means.​
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Information About Us
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E Flow Cycles Ltd is a Private Limited Company registered in England under number 10130735,whose registered address is 10 Wealden Forest Park, Canterbury Road, Herne Common, Herne Bay, Kent CT6 7LQ.
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Our VAT number is 245478678.
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We are a member of ACT – Association of Cycle Traders and FSB – Federation of Small Businesses.
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The Contract
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These Terms and Conditions govern the sale of goods by Us and will form the basis of the Contract between Us and you. Before making your Order, please ensure that you have read these Terms and Conditions carefully. If you are unsure about any part of these Terms and Conditions, please ask Us for clarification.
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Nothing provided by Us including, but not limited to, sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our discretion, accept.
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A legally binding contract between Us and you will be created upon Our acceptance of your Order, indicated by Our Order Confirmation.Order Confirmations will be provided in writing.
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We shall ensure that the following information is given or made available to you prior to the formation of the Contract between Us and you, save for where such information is already apparent from the context of the transaction:
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The main characteristics of the Goods;
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Our identity (set out above in Clause 2) and contact details (set out below in Clause 13);
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The total Price for the Goods including taxes or, if the nature of the Goods is such that the Price cannot be calculated in advance, the manner in which it will be calculated;
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Where applicable, all additional delivery charges or, where such charges cannot be calculated in advance, the manner in which they will be calculated;
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Where applicable, the arrangements for payment, delivery and the time by which We undertake to deliver the Goods;
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Our complaints handling policy;
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We shall ensure that you are aware of Our legal duty to supply goods that are in conformity with the Contract;
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Where applicable, details of after-sales services and commercial guarantees;
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Where applicable, the functionality, including appropriate technical protection measures, of digital content; and
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Where applicable, any relevant compatibility of digital content with hardware and software that We are aware of or might reasonably be expected to be aware of. Description and Specification of Goods
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We have made every reasonable effort to ensure that the Goods conform to illustrations, photographs and descriptions provided in Our sales and marketing literature and descriptions provided by Our salespeople.We cannot, however, guarantee that all descriptions, illustrations and/or photographs will be precisely accurate due to discrepancies that may arise during the printing process AND differences in the colour reproduction of electronic displays.
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If you receive any Goods that do not conform to the Contract, please refer to Clause 8.
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If We find, or are made aware of, any typographical, clerical or other accidental errors or omissions in any sales and marketing literature, price lists or any other documents We will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible. If, as a result of any such error or omission, you have received the wrong Goods, you may return those Goods to Us as provided in Clause 8. If, as a result of any such error or omission, you have paid too much, We will refund the excess paid for the Goods. We reserve the right to make any changes in the specification of the Goods that may be required to conform to any applicable safety or other legal or regulatory requirements without notice.
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Orders
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All Orders for Goods made by you will be subject to these Terms and Conditions.
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You may change your Order at any time before We despatch the Goods by contacting Us. Requests to change Orders need to be made in writing.
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If your Order is changed We will inform you of any change to the Price in writing.
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You may cancel your Order at any time before We despatch the Goods by contacting Us. If you have already paid for the Goods under Clause 6, the payment will be refunded to you within 14 working days. If you request that your Order be cancelled, you must confirm this cancellation in writing.
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We may cancel your Order at any time before We despatch the Goods in the following circumstances:
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The Goods are no longer in stock and We are unable to re-stock (if, for example, the Goods are discontinued); or
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An event outside of Our control continues for more than 7 working days (please see Clause 12 for events outside of Our control).
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If We cancel your Order under sub-Clause 5.5 and you have already paid for the Goods under Clause 6, the payment will be refunded to you within 7 working days. If We cancel your Order, the cancellation will be confirmed by Us in writing.
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Price and Payment
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The Price of the Goods will be that shown in Our store and on our website in force at the time of your Order. If the Price shown in your Order differs from Our current Price We will inform you upon receipt of your Order.
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If We quote a Special Price which is different to the Price shown in Our current store and on our website, the Special Price will be valid for 7 working days or, if the Special Price is part of an advertised special offer, for the period shown in the advertisement. Orders placed during this period will be accepted at the Special Price even if We do not accept the Order until after the period has expired.
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Our Prices may change at any time but these changes will not affect any Orders that We have already accepted.
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We have made every reasonable effort to ensure that Our Prices, as shown in Our current store and on our website are correct. Prices will be checked when We process your Order. If the actual Price of the Goods is lower than that stated in your Order, you will be charged the lower Price. If the actual Price of the Goods is higher than that stated in your Order, We will ask you how you wish to proceed.
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All Prices include VAT. If the rate of VAT changes between the date of your Order and the date of your payment, We will adjust the rate of VAT that you must pay. Changes in VAT will not affect any Prices where We have already received payment in full from you.
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Our Prices exclude the cost of delivery. Delivery costs will be added on to the final sum due.
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All payments for Goods must be made in advance before We can despatch the Goods to you.
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We accept the following methods of payment:
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Credit/Debit Card;
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Bank Transfer;
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Cheque;
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Cash;
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Delivery
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Please note that delivery is currently only possible within the United Kingdom â—¦ When We provide you with an Order Confirmation, We will provide an estimated delivery date. Please note that estimated delivery dates may vary according to the availability of Goods, your location, and circumstances beyond Our control. Unless agreed otherwise, the Goods will be delivered without undue delay and in any case no later than 30 Calendar Days after the date on which the Contract is formed.
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If you indicate in your Order that you wish to collect the Goods from Us yourself you may do so after receiving Our Order Confirmation, during Our business hours of Wednesday-Saturday 10.30-17.00.
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Delivery will be deemed to have taken place when the Goods have been delivered to the delivery address indicated in your Order and you (or someone identified by you) have taken physical possession of the Goods or, if you are collecting the Goods from Us yourself, when you have collected the Goods.
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If for any reason We are unable to deliver the Goods at your chosen delivery address, We will leave a note informing you that the Goods have been returned to Our premises, requesting that you contact Us to arrange re-delivery.
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The responsibility (sometimes referred to as the “risk”) for the Goods remains with Us until delivery is complete as defined in sub-Clause 7.4 at which point it will pass to you. Please note, however, that if you do not wish to collect the Goods and do not wish to use Our nominated carrier to deliver them, instead choosing your own carrier, the risk in the Goods will pass to you as soon as they are passed to your chosen carrier.
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You own the Goods once We have received payment in full for them.
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Please note carefully the following:
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If We refuse to deliver the Goods, you may treat the Contract as being at an end and We will reimburse you without undue delay.
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If delivery of the Goods within the agreed time period or at the agreed time was essential (taking into account the relevant circumstances at the time the Contract was formed) and We fail to deliver, you may treat the Contract as being at an end and We will reimburse you without undue delay. â—¦ If you have told Us that delivery within the agreed time period or at the agreed time was essential and We fail to deliver, you may treat the Contract as being at an end and We will reimburse you without undue delay.
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If any of the events in sub-Clause 7.9 occur you may, instead of treating the Contract as being at an end, specify a new delivery time or time period. If We continue to fail to deliver the Goods, you may treat the Contract as being at an end and We will reimburse you without undue delay.
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If, despite the events in sub-Clause 7.9 and 7.10, you choose not to treat the Contract as being at an end, your right to cancel your Order or to reject the Goods will be unaffected. If you do so, We will reimburse you without undue delay.
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If the Goods form a Commercial Unit, you may only reject or cancel all of the Goods, not a portion of them. Faulty, Damaged or Incorrect Goods
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By law, We must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information We have provided, and that match any samples or models that you have seen or examined (unless We have made you aware of any differences). If any digital content is included in the Goods, that digital content must also conform. If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect Goods, please contact Us as soon as reasonably possible to inform Us of the fault, damage or error, and to arrange for a refund, repair or replacement.
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Beginning on the day that you receive the Goods (and ownership of them) you have a 30 Calendar Day right to reject the Goods and to receive a full refund if they do not conform as stated above. Alternatively, you may request a repair of the Goods or a replacement. We will bear any associated costs and will carry out the repair or replacement within a reasonable time and without significant inconvenience to you. In certain circumstances, where a repair or replacement is impossible or otherwise disproportionate, We may instead offer you a full refund. If you request a repair or replacement during the 30 Calendar Day rejection period, that period will be suspended while We carry out the repair or replacement and will resume on the day that you receive the replacement or repaired Goods. If less than 7 Calendar Days remain out of the original period, it will be extended to 7 Calendar Days. If, after a repair or replacement, the Goods still do not conform (or if We cannot do so as previously described, or have failed to act within a reasonable time or without significant inconvenience to you), you may have the right either to keep the Goods at a reduced price, or to reject them in exchange for a refund. If you exercise the final right to reject the goods more than six months after you have received the Goods (and ownership of them), We may reduce any refund to reflect that you have had out of the Goods.
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Under the Consumer Rights Act you have an early right to reject goods that are unsatisfactory quality, unfit for purpose or not as described, and get a full refund. But this right is limited to 30 days from the date you took ownership of the goods. After the initial 30 days, you cannot demand a full refund in the first instance but you still have the right to a repair or replacement.
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Please note that you will not be eligible to claim under this Clause 8 if We informed you of any faults, damage or other problems with the Goods before your purchase of them; if you have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Goods for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage.Please also note that you may not return Goods to us under this Clause 8 merely because you have changed your mind. Please refer to Clause 9 for details of what to do if you change your mind. â—¦ To return Goods to Us for any reason under this Clause 8, you may do so in person during Our business hours of Wednesday-Saturday 10.30-17.00 or you may return them to Us by post or another suitable delivery choice. You may alternatively request that We collect the Goods from you. Please ensure that the Goods are ready for collection at the agreed time and location. We are solely responsible for collecting the Goods in this case, however We may appoint a third party carrier to collect them in which case We will provide you with all relevant details. We will be fully responsible for the costs of returning Goods under this Clause 8 and will reimburse you where appropriate.
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Refunds (whether full or partial, including reductions in price) under this Clause 8 will be issued within 14 Calendar Days of the day on which We agree that you are entitled to the refund.
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Any and all refunds issued under this Clause 8 will include all delivery costs paid by you when the Goods were originally purchased. â—¦ For full details of your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
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Returning Goods If You Change Your Mind
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If you are not satisfied with any Goods purchased from Us on our premises you have the right to return them in exchange for a refund or replacement, subject to the provisions of this Clause 9. This Clause 9 does not apply to Goods that are not in compliance with the Contract and your legal rights. For such Goods, please refer to Clause 8.
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If you wish to return Goods to Us under this Clause 9 you must do so within 7 calendar days of taking delivery (or collecting them from Us), telling Us why you wish to return the Goods.
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All Goods must be returned to Us under this Clause 9 in their original, unused condition orin their original, un-opened packaging, accompanied by proof of purchase.
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You may return Goods to Us in person during Our business hours of Wednesday – Saturday 10.30-17.00. You are solely responsible for the cost of returning Goods to Us under this Clause 9. â—¦ You may request that We collect the Goods from you. Please ensure that the Goods are ready for collection at the agreed time and location. You are solely responsible for the cost to Us of collecting the Goods under this Clause 9.
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Refunds or replacements will be issued to you immediately if you return Goods to Us in person or if We collect the Goods from you.
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Unfortunately we are unable to refund or exchange electric bicycles that have had additions or alterations made to them. This Clause 9 does not apply to Goods that are not in compliance with the Contract and your legal rights.
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10. Online/Mail Order Goods In addition to our Returns Policy, under the Consumer Contracts Regulations, you have the right to cancel your order up to 14 days from the day you receive your goods if you are an online, mail or telephone order customer. You then have a further 14 days from the date you notify the retailer of your cancellation to return the unused goods. 11 Guarantee
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The Goods are provided with a manufacturer’s guarantee. For further details and terms please refer to the manufacturer’s guarantee documentation supplied with the Goods.
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The manufacturer’s guarantee exists in addition to your legal rights as a consumer. More information on your rights as a consumer can be obtained from your local Citizens Advice Bureau or Trading Standards Office.
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Our Liability
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We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence (including that of Our employees, agents or sub-contractors). Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
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We only supply Goods for domestic and private use. We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale). By making your Order, you agree that you will not use the Goods for such purposes. We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
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Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
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Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office. Events Outside of Our Control (Force Majeure)
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We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
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If any event described under this Clause 12 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
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We will inform you as soon as is reasonably possible;
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Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly; â—¦ We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;
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If the event outside of Our control continues for more than 14 calendar days We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible;
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If an event outside of Our control occurs and you wish to cancel the Contract, you may do so in accordance with your right to cancel under sub-Clause 5.4 above.
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Communication and Contact Details
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If you wish to contact Us, you may do so by telephone at 01227 713 435 or by email at guide@eflowcycles.com.
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In certain circumstances you must contact Us in writing (when cancelling an Order, for example). When contacting Us in writing you may use the following methods:
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Contact Us by email at elaine@eflowcycles.com; or
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Contact Us by post at E Flow Cycles, Unit 1, 10 Wealden Forest Park, Canterbury Road, Herne Common, Herne Bay, Kent CT6 7LQ.
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Complaints and Feedback
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We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
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All complaints are handled in accordance with Our complaints handling policy and procedure, available from E Flow Cyces.
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If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:
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In writing, addressed to Sarah Treadwell, Director, Unit 1, 10 Wealden Forest Park, Canterbury Road, Herne Common, Herne Bay, Kent CT6 7LQ;
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By email, addressed to Sarah Treadwell, Director at sarah@eflowcycles.com;
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Using Our complaints form, following the instructions included with the form;
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How We Use Your Personal Information (Data Protection)
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All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
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For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Notice available from E Flow Cycles.
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Other Important Terms
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We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs you will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms will be transferred to the third party who will remain bound by them.
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The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
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If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
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No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision. Governing Law and Jurisdiction
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These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales
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As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 17.1 above takes away or reduces Your rights as a consumer to rely on those provisions.
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Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between You and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.