BODY ROCKET LTD
PRE-ORDER AGREEMENT FOR BODY ROCKET SYSTEM
Our terms and conditions
1. These terms
1.1 What these terms cover. These terms and conditions together with your product specification (Specification) and Order Confirmation (defined below) are the terms on which we supply products to you based on your order.
1.2 Why you should read them.
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. Information about us and how to contact us
2.1 Who we are. We are Body Rocket Ltd a company registered in England and Wales. Our company registration number is 11264664 and our registered office is at 19a Sydney Road, Haywards Heath, United Kingdom, RH16.
2.2 How to contact us. You can contact us by telephoning our customer service team by writing to us at email@example.com
2.3 How we may contact you. If we need to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. Our contract with you
3.1 How we will accept your pre-order. You are placing a pre-order of the Body Rocket System (pedals, seat post adapter and aero-riser) on our website. You are required to pay us a non-refundable £250 deposit for the Body Rocket System at the time of placing your pre-order (subject to clauses 8 and 9 below).
3.2 Order Process. You will complete a pre-order of the Body Rocket System on our website. You should carefully look at the list of approved/compatible bikes on our website prior to making your pre-order. Our acceptance of your pre-order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.3 As part of our acceptance of your pre-order, we shall provide an estimated expected delivery date (Expected Delivery Date), which at the date of publication of these terms and conditions is 30th November 2021 (Initial Expected Delivery Date). We reserve the right to change the Expected Delivery Date any time prior to the Initial Expected Delivery Date but you do have the right to cancel your pre-order if we do this, and receive a full refund if you chose to do so.
3.4 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product.
3.5 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.6 We do accept orders from outside of the UK. We do accept orders from and deliver to addresses outside the UK, but additional charges and duties may apply. We shall confirm the shipping costs and any duties to be paid at Confirmation Date (as defined below).
4. Our products
4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only as we are still in development. The final design will be communicated to you prior to the ‘Confirmation Date’ (clause 5.1) at which point you have the right to but not the obligation to cancel your order and receive a full refund.
4.2 We shall contact you prior to the Confirmation Date, usually by 10th July 2021 to discuss your order and to ensure that the product shall fit your bike.
4.3 The Body Rocket System is patent protected and you should not reproduce, modify or resell the Body Rocket System.
5. Your rights to make changes
5.1 You are able to cancel your order any time up to the Confirmation Date which is 21st July 2021 and receive a refund on all sums other than the deposit, which is non-refundable. .
5.2 We shall notify you 14 days prior to the Confirmation Date in case you wish to cancel your order.
6. Our rights to make changes
6.1 Minor changes to the product. We may change the product:
a) to reflect changes in relevant laws and regulatory requirements; and
b) to implement minor technical adjustments and improvements. These changes will not affect your use of the product.
6.2 More significant changes to the product and these terms. In addition, as we informed you in the description of the product on our website, we may more significant changes to the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
7. Providing the products
7.1 Delivery costs. The estimated costs of delivery will be as displayed to you on our website and shall be confirmed by us in writing and sent to you on, or prior to, the Confirmation Date.
7.2 When we will provide the products. We estimate that we shall deliver the product to you on the Expected Delivery Date, subject to clause 3.3 and 5.3 above.
7.3 We are not responsible for delays outside our control. If our supply of the product is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any part of the price of the product you have already paid.
7.4 If you are not at home when the product is delivered. If no one is available at your address to take delivery of the products we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
7.5 If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and 10.2 will apply.
7.6 Ending the contract for late delivery. If we change the Expected Delivery Date in accordance with clauses 3.3 to a date later than already confirmed to you for delivery, you can cancel your order for the product, by notifying us in writing. After that we will refund any sums you have paid to us for the cancelled products and their delivery. Please email us at firstname.lastname@example.org to confirm that you wish to cancel your order and quote your order number.
7.7 When you become responsible for the goods. A product will be your responsibility from the time we deliver the product to the address you gave us.
7.8 When you own goods. You own the product once we have received payment in full.
7.9 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
a) deal with technical problems or make minor technical changes; or
b) update the product to reflect changes in relevant laws and regulatory requirements.
7.10 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us in writing to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than three months from the Expected Delivery Date and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
7.11 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see 12.4) and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see 12.6). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see 12.5).
8. Your rights to end the contract
8.1 You can end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see 11;
b) If you want to end the contract because of something we have done or have told you we are going to do, See 8.2;
c) If you have just changed your mind about the product, see 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions.
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (b) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
a) we have told you about an upcoming change to the product or these terms which you do not agree to (see 6.2);
b) we have told you about a change to the price or description of the product you have pre-ordered prior to the Confirmation Date and you do not wish to proceed;
c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than three months from the Expected Delivery Date; or
e) you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 When you don't have the right to change your mind. You do not have a right to change your mind in respect of:
a) products which have had their packaging opened; or if the product labels removed; or in respect of products that have been used.
8.5 You have 14 days from the date the product is delivered to you to change your mind in accordance with the Consumer Contract Regulations 2013.
8.6 Our Warranty: We provide a limited one year warranty in respect of the product. Please refer to our limited warranty document at www.bodyrocket.cc/warranty
9. How to end the contract with us (including if you have changed your mind)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
a) Email. Email us at email@example.com Please provide your name, home address, details of the order and, where available, your phone number and email address or attach the form which appears at the end of these terms.
9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post them back to us using the returns label supplied with the product or email us at firstname.lastname@example.org for a return label. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
9.3 When we will pay the costs of return. We will pay the costs of return:
a) if the products are faulty or misdescribed;
b) if you are exercising your right to change your mind.
In all other circumstances you must pay the costs of return.
9.4 How we will refund you. We will refund you the price you paid for the products and your delivery costs for returning the products, by the method you used for payment. However, we may make deductions from the price, as described below.
9.5 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
9.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
a) Your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.
10. Our rights to end the contract
10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
a) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
b) you do not, within a reasonable time, allow us to deliver the products to you.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in 10.1 we will retain your deposit paid for the product.
11. If there is a problem with the product
11.1 Your obligation to return rejected products. If you wish to exercise your legal rights to reject faulty or misdescribed products you must post them back to us. We will pay the costs of postage. Please email us at email@example.com for a return label.
12. Price and payment
12.1 Where to find the price for the product. The estimated price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order and we shall also confirm the final price to you prior to the Confirmation Date. You should note that as this is a pre-order agreement, we reserve the right to increase the price of the product prior to the Confirmation Date. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see 12.3 for what happens if we discover an error in the price of the product you order. The price of the product is payable in GBP sterling, we do not accept payment in other currencies.
12.2 Discount Vouchers. Any discount voucher/code is not applied at the time you pay the deposit for the product, but the discount shall be applied to the balance of the final price you pay for your product when payment in full is required prior to the Expected Delivery Date.
12.3 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
12.4 When you must pay and how you must pay. You pay a deposit of £250 when you make your order. We accept payment by credit and debit card. You must pay the balance of the price for the products you have ordered in full once we have contacted you to notify you that your product is ready to be despatched. We will not charge your credit or debit card for the balance of the price until we dispatch the products to you.
12.5 International shipping costs: for orders to be delivered outside of the UK, we shall charge for the additional shipping costs in delivering the product to you, such costs are displayed on our website. All local taxes are your responsibility. These include all import taxes.
12.6 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 2 % a year above the base lending rate of Barclays Bank PLC from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
12.7 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
13. Our responsibility for loss or damage suffered by you
13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products.
13.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14. How we may use your personal information
15. Other important terms
15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
15.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
15.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
Schedule 1: Model Cancellation Form
(Complete and return this form only if you wish to withdraw from the contract)
To Body Rocket Limited firstname.lastname@example.org
I hereby give notice that I cancel my contract of sale of the following goods
Ordered on received on:
Name of consumer,
Address of consumer,