Terms & Conditions - Goldhawk - British Designed & Built

Included on this page | Terms of Sale | Terms of Use

Terms of sale

These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Goods are sold by Us to consumers through this website, www.Goldhawkbikes.com (“Our Site”). Please read these Terms of Sale carefully and ensure that you understand them before ordering any Goods from Our Site. You will be required to read and accept these Terms of Sale when ordering Goods. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Goods through Our Site.

Definitions and interpretation

In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

“Contract” means a contract for the purchase and sale of Goods, as explained in Clause 6;
“Goods” means the goods sold by Us through Our Site;
“Order” means your order for Goods;
“Order Confirmation” means our acceptance and confirmation of your Order;
“Order Number” means the reference number for your Order; and
“We/Us/Our” means Goldhawk Bikes Ltd, a company registered in England under 8983827, whose registered and trading address is 1a Harmood Street, London. NW1 8DN.

Access to and use of our site
1. Access to Our Site is free of charge.
2. Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
3. Use of Our Site is subject to our Website Terms of Use. Please ensure that you have read them carefully and that you understand them.
Age Restrictions
1. Consumers may only purchase Goods through Our Site if they are at least 18 years of age.
Business Customers
1. These Terms of Sale do not apply to customers purchasing Goods in the course of business.
Goods, Pricing and Availability
1. We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from Us correspond to the actual Goods. Please note, however, the following:
2. Images of Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions;
3. There may be variations in component specifications if stock of items listed on the website is unavailable. We will inform you of any variations before we accept your order
4. Where appropriate, you may be required to select the required size, model, colour, number, of the Goods that you are purchasing.
5. We cannot guarantee that Goods will always be available.
6. Minor changes may, from time to time, be made to certain Goods between your Order being placed and Us processing that Order and dispatching the Goods, for example, to reflect changes in relevant laws and regulatory requirements, or to address particular technical issues. Any such changes will not change any main characteristics of the Goods and will not normally affect your use of those Goods. However, if any change is made that would affect your use of the Goods, suitable information will be provided to you.
7. We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any order that you have already placed (please note sub-Clause 4.9 regarding VAT, however).
8. All prices are checked by Us before We accept your Order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your Order, we will simply charge you the lower amount and continue processing your Order. If the correct price is higher, We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If We do not receive a response from you within 48 hours, We will treat your Order as cancelled and notify you of this in writing.
9. In the event that the price of Goods you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.
10. All prices on Our Site include VAT. If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
11. If you are ordering outside the EU where VAT is not applicable, please contact us for a revised price with VAT removed. Please note that additional import tax and duty charges may apply which must be paid by you
12. Delivery options and related charges will be presented to you as part of the order process.
Orders
1. Our Site will guide you through the ordering process. Before submitting your Order you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it.
2. If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your Order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give us the accurate or complete information within a reasonable time of Our request, We will cancel your Order and treat the Contract as being at an end. If We incur any costs as a result of your incorrect or incomplete information, We may pass those costs on to you.
3. No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of your Order does not mean that we have accepted it. Our acceptance is indicated by Us sending you an Order Confirmation by email. Only once We have sent you an Order Confirmation will there be a legally binding Contract between Us and you.
4. Order Confirmations shall contain the following information:
  1. Your Order Number;
  2. Confirmation of the Goods ordered including full details of the main characteristics of those Goods;
  3. Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery and other additional charges;
  4. Estimated delivery date(s) where applicable
5. We will also include a paper copy of the Order Confirmation with your Goods.
6. In the unlikely event that We do not accept or cannot fulfil your Order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible.
7. Any refunds due under this Clause 5 will be made using the same payment method that you used when ordering the Goods.
Payment
1. Payment for Goods and related delivery charges must always be made in advance and you will be prompted to pay during the order process. Your card will be charged immediately you complete the payment form.
2. Via Global Payments, we accept the following methods of payment on Our Site: Visa Debit and Credit, Mastercard Debit and Credit, Maestro
3. We also accept payment by Bank Transfer and Cash. Please contact us if you would like to use one of these methods.
Faulty, Damaged or Incorrect Goods
1. Under the Consumer Rights Act, you have the right to reject goods that are damaged upon receipt and get a full refund or exchange.
2. Please refer to our Returns and Warranty policy
Cancelling and returning goods
1. If you are a consumer in the European Union, you have a legal right to a 14 day “cooling-off” period within which you can cancel the Contract for any reason.
2. Please refer to our Returns and Warranty policy
Our liability to customers
1. We only supply goods for domestic and private use by consumers. We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale). 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.
2. Nothing in these Terms of Sale seeks to limit or exclude 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.
3. Nothing in these Terms of Sale 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)
1. 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.
2. If any event described under this Clause 10 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
  1. We will inform you as soon as is reasonably possible;
  2. We will take all reasonable steps to minimise the delay;
  3. To the extent that we cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
  4. 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;
Communication and contact details
1. If you wish to contact Us with general questions, matters relating to your order or feedback or complaints, please use the Contact Us section of our website
How we use your personal information (data protection)
1. 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.
2. 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 and Cookie Policy
Other important terms
1. We may transfer (assign) Our obligations and rights under these Terms of Sale (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 of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.
2. 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 of Sale.
3. If any of the provisions of these Terms of Sale 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 of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
4. No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
5. We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to your Order, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them. If you do opt to cancel, you must return any affected Goods you have already received and we will arrange for a full refund (including delivery charges) which will be paid within 14 days of your cancellation.
Law and jurisdiction
1. These Terms and Conditions, 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.
2. If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 14.1 above takes away or reduces your rights as a consumer to rely on those provisions.
3. If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, 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.
4. If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.

Terms of Use

These Terms of Use, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, www.Goldhawkbikes.com (“Our Site”). Please read these Terms of Use carefully and ensure that you understand them. Your agreement to comply with and be bound by these Terms of Use is deemed to occur upon your first use of Our Site and You will be required to read and accept these Terms of Use when signing up for an Account. If you do not agree to comply with and be bound by these Terms of Use, you must stop using Our Site immediately. These Terms of Use do not apply to the sale of goods. Please refer to our Terms of Sale for more information.

Definitions and Interpretation

In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:

“Account” means an account required for a User to access and/or use certain areas of Our Site, as detailed in Clause 4;
“Content” means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;
“User” means a user of Our Site;
“We/Us/Our”means Goldhawk Bikes Ltd, a company registered in England under 8983827, whose registered and trading address is 1a Harmood Street, London. NW1 8DN

Information About Us
1. Our Site, www.goldhawkbikes.com, is owned and operated by Goldhawk Bikes Ltd, a limited company registered in England under 8983827, whose registered and trading address is 1a Harmood Street, London. NW1 8DN.
Access to Our Site
1. Access to Our Site is free of charge.
2. It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3. Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
Accounts
1. Certain parts of Our Site (including the ability to purchase goods from Us) may require an Account in order to access them.
2. You may not create an Account if you are under 18 years of age.
3. When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
4. You must not share your Account with anyone else. If you believe your Account is being used without your permission, please contact Us. We will not be liable for any unauthorised use of your Account.
5. You must not use anyone else’s Account.
6. Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the law, as set out in Clause 16.
7. If you wish to close your Account, you may do so at any time. Closing your Account will result in the removal of your information. Closing your Account will also remove access to any areas of Our Site requiring an Account for access.
Intellectual Property Rights
1. All Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
2. Subject to sub-Clause 5.3 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.
3. You may:
  1. Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
  2. Download Our Site (or any part of it) for caching;
  3. Print page(s) from Our Site;
  4. Download extracts from pages on Our Site; and
  5. Save pages from Our Site for later and/or offline viewing.
4. Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.
5. You may not use any Content printed, saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so
Links to Our Site
1. You may link to Our Site provided that:
  1. you do so in a fair and legal manner;
  2. you do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
  3. you do not use any logos or trade marks displayed on Our Site without Our express written permission; and
  4. you do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
2. You may not link to any page other than the homepage of Our Site. Deep-linking to other pages requires Our express written permission. Please contact Us for further information.
3. Framing or embedding of Our Site on other websites is not permitted without Our express written permission. Please contact Us for further information.
4. You may not link to Our Site from any other site the main content of which contains material that:
  1. is sexually explicit;
  2. is obscene, deliberately offensive, hateful or otherwise inflammatory;
  3. promotes violence;
  4. promotes or assists in any form of unlawful activity;
  5. discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation, or age;
  6. is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
  7. is calculated or is otherwise likely to deceive another person;
  8. is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
  9. misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 6.4);
  10. implies any form of affiliation with Us where none exists;
  11. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or
  12. is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
5. Links to Other Sites
  1. Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
6. Disclaimers
  1. Nothing on Our Site constitutes advice on which you should rely. It is provided for general information purposes only.
  2. Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure. If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you, you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
  3. We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date. Please note that this exception does not apply to information concerning goods for sale through Our Site. Please refer to Our Terms of Sale for more information.
  4. We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in User Content. Any such opinions, views, or values are those of the relevant User and do not reflect Our opinions, views, or values in any way.
7. Our Liability
  1. The provisions of this Clause 9 apply only to the use of Our Site and not to the sale of goods, which is governed separately by Our Terms of Sale.
  2. To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content (including User Content) included on Our Site.
  3. To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.
  4. If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
  5. We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware. However, subject to sub-Clause 8.2, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.
  6. We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
  7. Nothing in these Terms of Use excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
8. Viruses, Malware and Security
  1. We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.
  2. You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
  3. You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
  4. You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
  5. You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
  6. By breaching the provisions of sub-Clauses 10.3 to 10.5, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
9. Acceptable Usage Policy
  1. You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 11. Specifically:
    1. you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
    2. you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
    3. you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
    4. you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
  2. We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 11 or any of the other provisions of these Terms of Use. Specifically, We may take one or more of the following actions:
    1. suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;
    2. issue you with a written warning;
    3. take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
    4. take further legal action against you as appropriate;
    5. disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
    6. any other actions which We deem reasonably appropriate (and lawful).
  3. We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms of Use.
10. Privacy and Cookies
  1. Use of Our Site is also governed by Our Cookie and Privacy Policy. These policies are incorporated into these Terms of Use by this reference.
11. Changes to these Terms of Use
  1. We may alter these Terms of Use at any time. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented. You are therefore advised to check this page from time to time.
  2. In the event of any conflict between the current version of these Terms of Use and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
12. Contacting Us
  1. To contact Us, please email Us at info@Goldhawkbikes.com or using any of the methods provided on Our Contact Us page
13. Communications from Us
  1. If We have your contact details (if, for example, you have an Account) We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes, changes to these Terms of Use, Our Terms of Sale, and changes to your Account.
  2. We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link. If you opt out of receiving emails from us at any time, it may take up to 10 business days for Us to comply with your request. During that time, you may continue to receive emails from Us.
  3. For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us.
14. Data Protection
  1. 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.
  2. 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 and Cookie Policy
15. Law and Jurisdiction
  1. These Terms and Conditions, 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.
  2. If you are 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.
  3. If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, 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.
  4. If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.