Gear4 Limited Terms and Conditions

These Conditions (together with the documents referred to within them) set out the terms and conditions on which we offer to supply to you any of the products (the “Products”) advertised for sale on our website www.gear4motorcycles.co.uk. Please read these Conditions carefully before ordering any Products. You should understand that by ordering any of the Products, you agree to be bound by these Conditions.

You will be required to accept these terms and conditions before being able to continue and complete your order.

We will refer to you the purchaser as “you” and “your” within these conditions with ourselves being "Gear4 Limited"


1. INFORMATION ABOUT US

Gear4 Limited operates and retains the ownership of the Gear4Motorcycles (“Our Website"). We are a company registered in England and Wales under company number 04829419. Our registered office is situated at Scotgate House, Halfax Drive, off Whitley Way, Northfields, Market Deeping, Peterborough, PE6 8AR which is our main trading address. Our VAT number is 825 700 933.


2. USE OF OUR WEBSITE

We endeavour to ensure that our website is accessible 24 hours a day. However, we will not be liable for any losses that you may suffer if our website is unavailable at any time or for any period or your access to our website is interrupted, restricted or delayed for any reason. Please note that access to our website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for any reasons beyond our control.

By using our Website you agree not to attempt to access our systems and you agree not to post on or transmit to or from it any material that is defamatory, obscene, discriminatory or in breach of confidence or privacy or a third party’s rights. We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity of or to locate anyone posting any material onto our website in breach of this Condition.


3. THE CONTRACT BETWEEN US

After you have placed an order with us for the purchase of Products, you will receive an e-mail from us acknowledging that we have received your order. We will ship all items that we are able to supply and at this point we will have therefore confirmed acceptance of the order. Any items unavailable will be communicated to you asap to allow the appropriate action which will then follow in the form of either an alternative or refund. Until dispatch of goods by the seller to the buyer or the buyer's acceptance in writing of any quotation of the seller (whichever shall first occur) no contract for the sale of goods shall arise.


4. DELIVERY, RISK AND TITLE

The sale of the Products listed on our Website is subject to the availability of those products.

We will ensure all reasonable effort is put in to ensure that the descriptions and photographs of the Products are as accurate as possible. Please be aware that we unfortunately can give no warranty in respect of the accuracy of this information.

Items showing "Instock For Immediate Dispatch" are on the shelf and are usually shipped the same day, depending on the time the order was received. Items not currently on the shelf due to either being special order items or on their way back into stock from the suppliers will show "Should be despatched between" the dates we expect the stock to leave the building. Any items that may take longer than this timescale due to a supplier backorder, we will make contact with you asap to confirm an approx eta so you know when to expect your delivery.

Please note that for orders with multiple items that contain one or more items not on the shelf we will wait until the whole order is complete before dispatching. In the event that you require an items sooner, feel free to email the team on info@gear4motorcycles.co.uk for further instructions on how to add a further postage payment to your order so we can then dispatch the required items.

In the event that you wish to add a further item to an order you've already completed, email the team on info@gear4motorcycles.co.uk for further instructions.

From time to time we will launch "Promotional Codes" that can be used for selective products throughout the website. This Promo Code should be entered within the basket and once updated your discount will be shown. Please Note: Discounts can not be applied to New or Used Motorcycles.

The prices for which delivery of the Products is charged are set out on our Website, as amended from time to time.

The Products will be at your risk from the time of delivery, or attempted delivery, to the address you specify in your order.

Ownership of the Products will only pass to you following delivery if we have received full payment of all sums due in respect of the products, including delivery charges.


5. CONTRACT CANCELLATION

If you are ordering Products as a consumer, you may terminate and cancel your contract with us at any time within 7 working days, beginning on the day after you receive the products.

To cancel your contract, please inform us as per details below and return the product(s) to us promptly in accordance with the condition s below, namely in the same condition in which you received them together with all accessories, packaging and instructions that were supplied with the product.

If we do not receive notification of the cancellation within the 7 day period and prompt delivery of the returned products also in an acceptable condition, your request to cancel the contract may be rejected.

We will refund you in full providing that you meet the requirements.
We reserve the right to terminate and cancel your contract with us if:

(a) we cannot fulfil the products you have ordered;

(b) we do not deliver products to the location requested in your order;

(c) an error was discovered in the listing on the website for the product that you ordered leading to it being sold at the incorrect price.

In the event that we do have to cancel your order, we will notify you as soon as possible by e-mail or phone and will re-credit the amount paid by you to your account as soon as possible. We will not be obliged to offer any compensation in respect of this cancellation.


6. REFUNDS

Should you wish to cancel your contract or return a product to us, please notify us via email on info@gear4motorcycles.co.uk where we will provide instructions or by filling in the online Returns Form on the website. If you are returning an item please ensure you have supplied your full details and the course of action you wish us to take.

Should any of the Products we deliver be damaged or the incorrect quantity, please notify us as soon as is practicable via info@gear4motorcycles.co.uk and return the product to us promptly in accordance with our Returns policy.

We will arrange for returns of defective or damaged Products to be collected at our cost. Where the product is being returned for other reasons then the cost must be covered by you. Where you return Products to us, the Products remain your responsibility until we receive them. We therefore recommend that Products are returned using a tracked or signed-for mail service and that you retain such proof of postage. Without such proof of postage, we may not be able to provide a refund if we have not received the returned Product. If the Product being returned is valuable, you may wish to consider insuring the cost of such Product. Products should be returned to us at: Gear4 Limited, Scotgate House, Halifax Drive, Northfields, Market Deeping, Peterborough, PE6 8AR.

All Products must be returned in the same condition in which you received them, together with your proof of purchase and all accessories, packaging and instructions that were supplied with the Product. We reserve the right to refuse a refund in respect of a Product which has been removed from its packaging and/or been used.

We will endeavour to refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due promptly and, in any case, within 30 days of the day we receive your notice of cancellation or in the case of any other return, the day we confirm to you that you are entitled to a refund.

We reserve the right to replace faulty or defective Products or refund you in full in respect of faulty or defective Products, which are returned within the time period, including a refund of the delivery charges for sending the item to you. All Products returned as faulty, which are returned outside the 7-day period, will be checked and if found to have no fault may be returned to you.


7. PAYMENTS AND PRICING

The price of our products are as quoted on the website which may alter from time to time. These may also be special prices exclusive to the website and not available instore.

Prices include VAT excluding delivery costs. Delivery costs will be indicated at checkout.

Price may vary and increases applied as required however these changes will not affect orders that have already been received unless a pricing error has occurred.

We are under no obligation to provide the Product to you at an incorrect (lower) price, even if the order has been processed at that price, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing error. We are entitled to make adjustments to the price to take account of any increase in our supplier's prices, or the imposition of any taxes or duties, or if due to an error or omission the price published for the goods is wrong. We will inform you of the correct price and give you the opportunity to cancel the order.

Prices of New motorcycles are as displayed including VAT at the current rate. Offroad bikes advertised at full RRP will be prepared, ready to ride but the price will exclude the additional cost of any road tax/number plates, de-restriction etc. Street bikes at full RRP will be prepared, ready to ride and the price will include the additional cost of any road tax/number plates etc.

Prices of Used motorcycles are as displayed and include the cost of preparation by our technical team along with the balance of the manufacturers warranty. In the event that a negotiation takes place to achieve a new price that reflects the loss of this preparation service, you will be expected to sign our "Used Bike Condition Disclaimer" to indicate the bikes condition and the fact that you are comfortable with preparing the bike yourself.

We accept most major cards including Visa, Mastercard, Switch, Maestro however this may change from time to time. We will charge your credit or debit card at the time that you make your order. Should we not have a product available for dispatch at the time of taking your payment, your payment will be regarded as a pre-payment. In the event that we cannot supply or offer an alternative a refund to the same card will be made.


8. OUR LIABILITY

The products that you purchase from our site are third party products. Because of this we are unable to guarantee that all products are fit for purpose or of satisfactory quality. This does affect your statutory rights against the third part supplier and we do offer a customer service returns policy to support your needs.

Unfortunately we cannot accept any liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, office time or for any indirect or consequential loss or damage of any kind related to the products supplied.


9. WRITTEN COMMUNICATIONS

In using our website you accept that all communications will be electronic even though some applicable laws require that some of the information or communications we send to you should be in writing. 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.


10. NOTICES AND COMPLAINTS

All notices given by you to us (including any complaints that you may have) should be sent to Gear4 Limited

By e-mail to: info@gear4motorcycles.co.uk

By post to: Gear4 Motorcycles, Scotgate House, Halifax Drive off Whitley Way, Market Deeping, Peterborough, PE6 8AR, United Kingdom

Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an e-mail is sent, or two days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.


11. EVENTS OUTSIDE OUR CONTROL

Should an event outside of our control reduce the level of service we are able to provide to you then we will not be liable for any consequences that are passed to you.


12. COPYRIGHT INFORMATION

The copyright and other intellectual property rights subsisting in the content on our Website is owned by us and we expressly reserve all rights in the same. Printing and downloading parts of this site is acceptable providing it is for your own non-commercial use and that you provided that you do not modify any of the content.

All other reproduction or use of extracts of content from our Website is strictly prohibited. In particular, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.


13. AGREEMENT IN ITS ENTIRETY

These Conditions, our privacy policy and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.

You and we acknowledge that, in entering into a contract, you have not and we have not relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between you and us prior to such contract except as expressly stated in these Conditions.

A person who is not a party to this agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.


14. TERMS AND CONDITIONS MAY VARY

From time to time we may and do have the right to revise and amend these Conditions.

At the time you order products from us you will be subject to the policies and terms and conditions.


15. DISTANCE AND OFF PREMISES CONTRACTS

a. In accordance with The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 , if the Customer as a private consumer has entered into this contract (1) prior to a face-to-face meeting with Gear4 Ltd or (2) after placing an order during the simultaneous physical presence of the Customer and Gear4 Ltd at a place which is not Gear4 Ltd’s premises or (3) by a distance communication immediately after the Customer was addressed during the simultaneous physical presence of the Customer and Gear4 Ltd at a place which is not Gear4 Ltd’s premises then the Customer may cancel the contract without giving any reason up to 14 days after the day upon which the Customer (or anyone on the Customer’s behalf) takes possession of the Goods.

b. In order to exercise the right to cancel the Customer must provide Gear4 Ltd with a clear statement (e.g. a letter sent by post, fax or email). The statement should be sent to Gear4 Ltd using the contact details contained within the order form. To meet the cancellation deadline it is sufficient for the Customer to send the communication concerning the exercise of the right to cancel before the cancellation period has expired.

c. On cancellation Gear4 Ltd shall reimburse to the Customer all payments received from the Customer including any delivery costs (unless the Customer expressly chose a method of delivery more expensive than the least expensive option in which case the Customer will be reimbursed the value of the least expensive delivery method).

d. On cancellation the Customer shall return the Goods to Gear4 Ltd without undue delay and in any event not later than 14 days after the day on which the Customer advises Gear4 Ltd of the cancellation at the Customer’s cost. The cost of returning the goods to Gear4 Ltd will be dependent upon distance and is likely to be a minimum of £500. If the Customer fails to deliver the Goods to Gear4 Ltd, Gear4 Ltd may make a charge for its direct costs of recovering the Goods from the Customer and Gear4 Ltd may deduct this charge from any sum that Gear4 Ltd must reimburse to the Customer.

e. In the event the Customer entered into this contract after placing an order during the simultaneous physical presence of the Customer and Gear4 Ltd at a place which is not Gear4 Ltd’s premises and where Gear4 Ltd has delivered the Goods to the Customer, Gear4 Ltd shall arrange for the Goods to be collected at its own expense.

f. Gear4 Ltd will reimburse the Customer using the same means of payment as the Customer used (unless otherwise agreed) without undue delay and in any event within 14 days after Gear4 Ltd received the Goods back or, if earlier, 14 days after the day on which the Customer provides evidence that the Goods have been sent back.

g. On cancellation any related credit agreement or other ancillary contract will be cancelled. If the cancelled contract involved a part- exchange Gear4 Ltd will return the part-exchange or pay the agreed part-exchange value to the Customer at Gear4 Ltd’s discretion.

h. If the value of the Goods is diminished because of the Customer handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods, Gear4 Ltd may recover that amount from the Customer and Gear4 Ltd can deduct this amount from the amount of the reimbursement provided for. Gear4 Ltd will normally view any alteration, modification or personalisation of the Goods or riding for in excess of 50 miles as going beyond what is necessary to establish to nature, characteristics and functioning of the Goods. Any mileage in excess of 50 miles useage on the motorcycle will be charged at £2.50 per mile.15


If the Goods are made to the Customer’s specifications or clearly personalised then the Customer does not have the right to cancel the contract.