Terms and Conditions | St Ives eBikes

St Ives eBikes Rental Terms and Conditions and Waiver

These Terms and Conditions apply to all participants (herein after referred to as the rider) using a hire bike provided by St Ives Bikes Limited (herein after referred to as St Ives eBikes). Completion of a booking / reservation acknowledges acceptance of these Terms and Conditions, Waiver and Release of Liability by the participant.

Agreement

I (the rider) have carefully read this agreement in its entirety and understand its content. I am aware this is an assumption of risk, waiver and release of liability and I agree to it voluntarily.

Hire Terms and Conditions

Rider Responsibilities

1. Each rider agrees that they are physically and mentally capable of riding the hire bike.

2. The rider is fully responsible for their action whilst using the hire bike. St Ives bikes do not accept responsibility for the actions of the participant nor the consequences of such actions.

2. Each rider is responsible for providing their own insurance protection while using a hire bike. Any accident or injury caused by the rider’s actions will be the full responsibility of said rider.

3. Each rider will be fully responsible for any fees or costs incurred or arising from an accident either involving or caused by the rider.

4. St Ives eBikes require all riders hiring from us wear a cycle helmet at all times. 

5. The rider may not participate in this activity if under the influence of alcohol or drugs.

Rider Responsibility for Damage, Loss and Theft

6. At the time of rental St Ives eBikes will place a hold on the rider's Payment Card. The hold will be released upon return of the rental bike without damage.

7. Bikes are rented out clean and in proper working condition and must be returned in the same manner.

8. Bikes are maintained in a roadworthy condition; however, it is the responsibility of the rider to check the bike before setting out on any ride

9. The rider agrees to return the bike to the hire bike staff. Failure to return the bike will result in St Ives eBikes recovering the full retail value of the bike from the rider.

10. The rider agrees to return the bike in clean, undamaged condition to avoid any additional charges for the repair, maintenance or replacement.

Bikes should be returned clean of mud and debris – normal road grime is accepted. Any Bikes not returned clean may attract a cleaning fee.

Undamaged condition means normal wear and tear is accepted but does not include broken spokes, rims, bent rims, damaged frames, handlebars, seats or other parts from misuse and/or crashes.

The rider is responsible for any negligent damage caused to the bike. Damaged parts or components will be repaired/replaced at the shop’s discretion and customer agrees to pay regular shop rates and retail prices for components replaced.

11. The rider authorises St Ives eBikes to charge the rider's payment card for all eventual costs in case of damage to the eBike(s) during the rental period, comprehensive of labour. In case of theft, the rider will be responsible for reimbursing St Ives eBikes for the original price of the e-Bike(s), plus the cost of any accessories that were provided at the time of the bike rental.

Picking Up Your Rental Bike

12. Proof of identification must be provided upon collection of your cycling equipment. (e.g. driving licence, passport). Only nationally recognised forms of ID will be accepted i.e. Photo driving license or passport.

13. Please bring a copy of your booking confirmation when collecting your bikes.

14. We will endeavour to provide the bike(s) which you have booked, but we reserve the right to substitute your booked bikes for a bike(s) of the same value.

15. St Ives eBikes reserve the right to refuse hire bike use to anyone with inappropriate equipment or clothing.

Age Restrictions

16. Age restrictions apply for bikes. Children must be at least 14 years old to rent an electronic bike. Riders under the age of 16 must be accompanied by an adult. The booking form must be completed by a person aged 18 years or over. Evidence of age may be requested.

Changes and Cancellations

17. Changes to bookings: Contact us at least 24 hours beforehand to change your booking to another day of your choice (subject to availability)

18. Cancellations: Full Payment is collected on booking the bike. Our cancellation policy is as follows:

Up to 2 weeks before the event or hire date – 5% administration charge.

Up to 1 week before the event or hire date – 20% of the value of the hire.

Up to 3 days before the event  or hire date – 50% of the value of the hire.

1 day before the event – 75% of the value of the hire.

Day of event. – Full charge will be taken.

Assumption of Risk, Waiver and Release Agreement

Understanding The Risk:

The rider understands and accepts that there are inherent and unavoidable risks involved in participating in bicycling.

The rider understands that participating in bicycling may also result in hazards posed by other bicycles and traffic or road conditions.

The rider understands that this activity may result in severe injury, including but not limited to spinal or head injury.

The rider understands that this activity may result in loss of or damage to property.

The rider understands they should be in good physical health to participate in bicycling, and  confirms that they have no significant health issues that prevent them from participating in bicycling.

The rider understands the importance of wearing a helmet and that it is a condition of rental from St Ives eBikes that a helmet must be worn at all times.

The rider understands that they should not and may not participate in this activity if under the influence of alcohol or drugs.

Waiver and Release:

In agreeing to these terms and conditions, waiver and release, the rider confirms they understand the inherent risk involved in using this rental bicycling equipment and accept full responsibility for any and all such damage or injury which may result.

In consideration of St Ives eBikes renting this bicycle, the rider specifically releases and forever discharges St Ives eBikes and its affiliates, officers, agents, and employees from any and all liability or claims for injury, illness, death or loss of or damage to property which the rider may suffer while renting this bike and participating in bicycling.

This discharge specifically includes, but is not limited to, liability or claims for injury, illness, death or damage caused by the negligence of St Ives eBikes or its affiliates, officers, agents, or employees.

The rider confirms it is their intent by the Waiver and Release Agreement to release St Ives Bikes and hold it harmless from all liability for any such property loss or damage, personal injury or loss of life, whether caused by the negligence of St Ives eBikes or whether based upon breach of contract, breach of warranty, or any other legal theory.

The rider fully realises that if injury, illness, death or damage occurs to the rider or there their child while they are engaged in renting this bike or participating in bicycling, they will have no right to make a claim or file a lawsuit against St Ives eBikes or its affiliates, officers, agents or employees, even if they or any of them negligently cause the rider's (or child's) injury injury, illness, death or damage.

By confirming for a minor, the rider agrees that they are their parent or legal guardian and am releasing St Ives eBikes from any claims, lawsuits or responsibilities for that minor. Each of the riders has read this agreement for use of bikes and release and waiver of liability.

St Ives eBikes Store Terms and Conditions

Company/Seller shall mean St Ives Bikes Limited, trading as St Ives eBikes, registered in England and Wales under company number 12672560.

Our registered office is Ventnor Terrace, St Ives, Cornwall, TR261DY

Buyer/Purchaser shall mean any person, sole trader, partnership, business, body corporate or other entity detailed in the appropriate section of the sales invoice/order form and shall include all successors, heirs and assigns. Where a person deals entirely as a consumer, legal rights shall remain unaffected. Where the term buyer appears within these terms it shall mean consumer buyer/purchaser unless specified as relating to a trade buyer or consumer buyer individually.

Goods or equipment shall mean the items detailed in the appropriate section of the sales/order form and it shall be a core term of this agreement that all ancillary items are additional to this agreement unless specifically detailed within the sales invoice/order form. Price shall mean the consideration due for purchase and shall include VAT unless otherwise stated. Purchasers should note that prices quoted may vary during the currency of brochures (upwards or downwards) and current prices are quoted at the time of order. In respect of orders placed via the Internet, these shall not be accepted by us until confirmed.

We'll despatch your items as soon as possible, new items will be dispatched next working day, providing you order before 2pm, reconditioned bikes are serviced before delivery so may take 1-5 working days to dispatch. We'll make sure this is clear to you when you add your items to the basket, and you will be able to see an accurate delivery estimate in the checkout. If you're unsure, you can always get in touch by calling 07536 171 214 or emailing info@stivesbikes.co.uk.

General

“Working day” shall mean any day excluding Saturdays, Sundays and public holidays.

These conditions shall apply to all of the company’s quotations and contracts, orders (including telephone orders) for the sale or supply of goods accepted by the company. For the trade buyer, any other terms or representations, whether implied by statute, made prior to, collateral with or subsequent to the contract or order are hereby excluded and shall not be binding upon the company. For the consumer purchaser, additional conditions shall only be binding upon the company if confirmed in writing by the company.

The company reserves the right to amend technical or clerical errors in any order without notice. In addition, the buyer shall ensure that all details contained within the order are correct and no liability for any error or inaccuracy shall lie with the company.

The company reserved the right to amend or cancel an order. Examples of when this might be applied include if an order is believed to be fraudulent or if there has been an error in the pricing or availability of a product. We will notify customers of any such cancellations and issue a full refund where applicable.

Payment Terms

Web based prices are given on the assumption that no variation in the price will be made by the manufacturer/sole importer and that Government levies remain unaltered. In the event of such changes, orders placed before the variation will remain the same price and no further increases will be passed to customer.

We try to ensure that all pricing information on the Website and any subsequent publications are correct. Occasionally, however, an error may occur and Products may be mispriced. If a Product’s correct price is lower than the price stated on the Web Store, we will charge the lower amount and send you the Product. If a Product’s correct price is higher than the price stated on the Web Store, we will, at our discretion, contact you and ask you whether you wish to proceed with the order at the correct price or cancel your order and notify you of such cancellation. We will not be obliged to supply products at an incorrect price.

Guarantees

All guarantees for products are provided entirely by the manufacturers/UK importers and are subject to terms contained therein. Purchasers are reminded to complete all warranty cards/documents upon receipt of goods where appropriate. Limitations upon liability

Advice given by agents or servants of this company during telephone/Internet orders is based entirely upon information given by the purchaser. Where advice is given after visual inspection by agents or servants of this company, such advice shall amount to an opinion only and the company shall not accept liability for any inaccuracies. Additionally, goods supplied are supplied only to correspond to the purpose for which goods of that kind are commonly supplied and not alternative uses to which they may be put. No liability for failure can be accepted by this company for such alternative use, amendment or modification.

Compatibility of goods is not guaranteed where modifications or alterations have been made and the company shall, in such circumstances, and at its discretion, issue a refund or credit to the purchaser.

Where goods purchased by the buyer are alleged to be defective, the purchaser agrees to return such goods to the seller for inspection and report (without the seller replacing the said goods prior to such inspection). The purchaser further confirms that it shall be reasonable for the seller to inspect, repair or replace (at its option) such defective goods and allow manufacturers to undertake inspections so as to allow production methods to be modified. The purchaser also accepts that it is reasonable to inform the seller of any interruption, defect or other failure prior to contacting independent third parties or incurring expense and, in addition, to allow the seller to remedy the defect, failure or interruption. Parts modified or adapted by the purchaser shall no longer be warranted by the manufacturer nor shall the company be liable for any failures resulting subsequent to modification.

“Competition” goods are supplied for specialist use and are subject to extreme wear and stress whilst in use. Life expectancy and durability are greatly reduced and purchasers should note that any claim for failure/wear shall be limited to that of the manufactures guarantees. It is agreed that such use shall be a relevant circumstance for the Sale of Goods Act 1979 (as amended). In addition, parts connected to parts supplied by this company may be placed under stress where specialist/competition parts are used, and purchasers should take advice from experts prior to purchase. Manufacturers may also limit guarantees when components are installed for competition use.

Where modifications or alterations and poor maintenance to goods have been made the company shall accept no liability for death or personal injury unless caused directly by its own negligence.

No liability is accepted by the company where purchasers attempt to modify or install components supplied where it is known or ought reasonably to be known that the part supplied is incorrectly supplied, defective or otherwise not in accordance with the order.

The company accepts no liability in respect of failure to supply or other interruptions caused by matters beyond the reasonable control of the company, including strikes, lockouts, civil disputes, acts of God, war,website pricing or stock availability errors or actions by third parties.

Notwithstanding any other provisions of this Agreement, nothing in this Agreement shall confer, nor is it intended to confer, a benefit on any third party (for the purposes of the Contract (Rights of Third Parties) Act 1999 or for any other purpose).

If you wish to make a change to an order or cancel it then it is important to note that our turn around time on messages is 1 working day. There is a chance therefore that your request may not be picked up in time. If you need to make a change to your order then you may be safer speaking to us directly Monday-Friday 9.00-5pm on 07536 171 214. Our despatch team also work on a 1 day turn around so there is a chance that your order will be despatched before we are able to make any changes. If this happens, the company will not hold any responsibility for errors caused by incorrect information provided at checkout. If you wish to change your delivery address after an order has been placed, then we will require a proof of residency for the billing address in advance. We will not be held responsible for orders that are sent out with incorrect information, even if you have contacted us.

Delivery & Title

The title to the goods shall not pass to the buyer until the company receives payment in full (in cash or cleared funds) for the goods and any of the goods that the company has supplied to the buyer in respect of which payment has become due, in which case title to the goods shall pass at the time of payment of all such sums. In the event that sums owing in respect of other items ordered within contract remain due, apportionment by this company shall take place without prejudice to the right to retain title in respect of all goods ordered.

All times given for despatch or delivery are approximate and time shall not be of the essence. The buyer agrees to allow 30 days in any written notice making time of the essence and further agrees to accept full liability in respect of delayed or late delivery or dispatch. In any event, delivery times are approximate and variable. When delivery is effected to the purchaser directly or to an independent delivery contractor as agent for the purchaser, risk shall pass to the buyer immediately.

The buyer is required to notify the company, in writing, of any shortage, miss delivery or other discrepancy immediately, or at the latest within five days of such failure, thereafter the buyer shall be liable for any such discrepancy. Where delivery is effected to the buyers own delivery contractor, loss or damage in transit claims should be made directly to the carrier. The company will assist purchasers in making their claim. Buyers should retain all packaging in the event of a claim or return within the terms of this agreement.

Products may vary slightly from images shown on website.

Please note that from time to time, certain products may not be available for home delivery, and will only be available to click & collect from one of our stores. This could be a result of delivery restrictions imposed by couriers or suppliers, or could be a decision made by St Ives Bikes Limited.

Cancellation of orders and liability

A consumer buyer shall have the right to cancel any contract for goods made in accordance with these Terms and Conditions within 90 days from the day after delivery of the goods. Cancellation of the contract can be effected by emailing us at info@stivesbikes.com or writing to us at St Ives eBikes, Ventnor Terrace, St Ives, Cornwall, TR261DY.

If a Notice of Cancellation is received by the Company in accordance with clause 22 the consumer buyer shall become liable to return the goods to the Company forthwith, to such address as directed by the Company preferably in their original packaging (and without having been installed or used) and at the consumer buyer’s sole expense.

If the consumer buyer fails to return the goods within 30 days of the cancellation of the contract, the Company shall be entitled to collect the goods from the consumer buyer and to recover any direct costs involved in such collection from the consumer buyer.

The Company shall effect a refund of any monies owing to the consumer in respect of the goods within 14 days from the date of cancellation of the contract. Such a refund will be subject to any set of monies to which the Company is entitled under clause 25.

Goods delivered to the buyer may be returned to the Company preferably in original packaging (packaging must be adequate for returning by post etc) and without being installed or used for credit within 90 days from the day after delivery of the goods.

The buyer confirms that he shall comply with any or all rules relating to installation of the product concerned and fully accepts that any loss which results from forced, misdirected, inappropriate or unqualified installation shall not be accepted by the company.

If you wish to make a change to an order or cancel it then it is important to note that our turn around time on messages is 1 working day. There is a chance therefore that your request may not be picked up in time. If you need to make a change to your order then you may be safer speaking to us directly Monday-Friday 9.00-5pm on 07536 171 214. Our despatch team also work on a 1 day turn around so there is a chance that your order will be despatched before we are able to make any changes. If this happens, the company will not hold any responsibility for errors caused by incorrect information provided at checkout. If you wish to change your delivery address after an order has been placed, then we will require a proof of residency for the billing address in advance. Again we will not be held responsible for orders that are sent out with incorrect information, even if you have contacted us.

A copy of our cancellation form can be requested via any of our contact methods.

Juristriction of Law

This agreement shall be interpreted in accordance with English Law and industry custom and practice, and English courts shall have sole jurisdiction in respect of any dispute arising there from. In respect of Internet sales, jurisdiction or the agreement shall be with English Law.

Complaints

If you would like to make a complaint, please contact our team on 07536 171 214 or email info@stivesbikes.co.uk.