Terms & Conditions

1. Reference to Company or seller shall mean A Fudges & Sons Ltd (registered; 101 Uxbridge Rd, Shepherds Bush, London, W12 8NL) trading as Action Bikes/Cyclestore who sell or supply bicycles and bicycle equipment, clothing and accessories. Company Registration Numbers: A Fudge & Sons Ltd TA Action Bikes - 1705624

2. Buyer/Purchaser refers to 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. All buyers/ purchasers legal rights shall remain unaffected.

3. Items, goods or equipment refers to the items detailed in the appropriate section of the sales form and it shall be a core term of this agreement that all additional items are additional to this agreement unless specifically detailed within the sales invoice form.

4. Price indicates the consideration due for purchase and shall include VAT unless otherwise stated. Buyers must note that prices quoted may vary during due to currency fluctuation (downwards or upwards) and current prices are quoted at the time of order. In respect of orders placed via the Internet, these are not accepted by us until confirmed.

GENERAL

5. "Working day" refers to Monday, Tuesday, Wednesday, Thursday and Friday, excluding Sundays, Saturdays and public holidays.

6. All conditions apply to all of the company's quotations and contracts, orders (including telephone orders) for the sale 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 A Fudge & Sons Ltd. For the consumer, additional conditions shall only be binding upon the company if confirmed in writing by A Fudge & Sons Ltd.

7. A Fudge & Sons Ltd reserves the right to amend technical or clerical errors in any order without notice. The buyer shall ensure that all details contained within the order are correct and no liability for any error shall lie with the company.

GUARANTEES

8. All guarantees for products are provided entirely by the manufacturers or 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

9. Advice given by employees of A Fudge and Sons Ltd during telephone/Internet orders is based entirely upon information given by the purchaser. Such advice shall amount to an opinion only and the company shall not accept liability for any inaccuracies. No liability for failure can be accepted by this company for such alternative use, amendment or modification.

10. Compatibility of goods is not guaranteed where modifications or alterations have been made and A Fudge & Sons Ltd shall, at its discretion, issue a refund or credit to the purchaser.

11. Where goods purchased by the buyer are thought to be defective, the purchaser agrees to return such goods to the seller for inspection (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 defaulted goods and allow manufacturers to inspect the goods thus allowing 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 A Fudge & Sons Ltd to remedy the defect, failure or interruption. Parts modified or adapted by the buyer shall no longer be warranted by the manufacturer nor shall the company be liable for any failures resulting subsequent to modification.

12. "Competition" goods are supplied for professional 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 (and inclusive of any amendments). In addition, parts connected to parts supplied by A Fudge & Sons Ltd 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.

13. Where modifications or alterations and poor maintenance to any products have been made A Fudge & Sons Ltd shall accept no liability for death or personal injury unless caused directly by its own negligence.

14. No liability is accepted by A Fudge & Sons Ltd 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.

15. A Fudge & Sons Ltd accepts no liability in respect of failure to supply or other interruptions caused by matters beyond the reasonable control of the company, including strikes, acts of God, civil disputes, lockouts, war or actions by third parties.

16. 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).

PAYMENT TERMS

17. Price quotes are advertised at the assumptions that 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.

All Website and Mail Order payments are taken in full at the point of purchase regardless of stock.

TITLE AND DELIVERY

18. Product shall not be passed to the buyer until the company has received payment in full, thus completing the contract. In the event that sums owing in respect of other items ordered within contract remain due, apportionment by A Fudge & Sons Ltd shall take place without prejudice to the right to retain title in respect of all goods ordered.

19. All dispatch or delivery times given are approximate and time shall not be of the essence. The purchaser 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 buyer directly or to an independent delivery contractor as agent for the purchaser, risk shall pass to the purchaser immediately.

20. The purchaser is required to notify the company, in writing, of any shortage, miss delivery or other discrepancy immediately, or at the latest within six days of such failure, after this period the buyer shall be liable for any such discrepancy. When delivery is effected to the purchasers own delivery contractor, loss or damage in carriage 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.

CANCELLATION OF ORDERS AND LIABILITY

21. A buyer shall have the right to cancel any contract for goods made in accordance with these Terms and Conditions within 14 working days from the day after delivery of the goods. Cancellation of the contract can be effected by service of the Cancellation Notice annexed to these Terms and Conditions signed on behalf of the buyer and delivered to 101 Uxbridge Rd, Shepherds Bush, London, W12 8NL.

22. If a Notice of Cancellation is received by A Fudge & Sons Ltd in accordance with clause 23 the consumer buyer shall become liable to return the goods to the A Fudge & Sons Ltd 101 Uxbridge Rd, Shepherds Bush, London, W12 8NL, in their original packaging (and without having been installed or used) and at the consumer buyer's sole expense.

23. If the consumer buyer fails to return the goods within 14 days of the cancellation of the contract, A Fudge & Sons Ltd 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.

24. A Fudge & Sons Ltd shall effect a refund of any monies owing to the consumer in respect of the goods within 30 days from the date of cancellation of the contract. Such a refund will be subject to any set of monies to which A Fudge & Sons Ltd is entitled under clause 25.

25. Goods delivered to the buyer may be returned to A Fudge & Sons Ltd, 101 Uxbridge Rd, Shepherds Bush, London, W12 8NL preferably in original packaging (packaging must be adequate for returning by post etc) and without being installed or used for credit within 14 days from the day after delivery of the goods.

26. The purchaser 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 A Fudge & Sons Ltd.

JURISDICTION

27. 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 and it shall be deemed that any agreement is made in Chiswick, London, irrespective of any rule of contract dictating otherwise.

PROMOTIONAL CONDITIONS

28. Should you change your mind about your purchase and require a refund and are returning a product to MySpokes, any additional promotional products bought at a discounted price in conjuction with this product must be returned at the same time. This must be done within seven days of the delivery date. MySpokes will not bear the cost of this return postage. All products must be returned in unused, resellable condition. If you return a product for a refund but wish to keep the additional promotional product bought in conjunction, the difference between the price paid and the MySpokes usual selling price will be deducted from the refund issued.

29. If a product is returned and any additional promotional product is not, the difference between the MySpokes usual selling price and the promotional price will be deducted from the refund. All Bikes returned within the test ride period must be returned with the free gift in unused, resellable condition. If the you wish to keep the gift or it is not in an unused and resellable condition the difference between the price paid and MySpokes usual selling price for this product will be deducted from the refund issued.

PRIVACY POLICY

PLEASE NOTE:
A1. A Fudge & Sons value your privacy, and do not disclose information to third parties. Cookies are used on this shopping site only to keep track of the contents of your shopping cart once you have selected an item, and to store delivery addresses when you register.

When you pay for goods your details are passed through our payment service provider system purely for payment processing and anti-fraud purposes, for your protection.

We are committed to protecting your privacy. We only use the information that we collect about you lawfully in accordance with the Data Protection Act 1998 . We collect any information given at the time of the ordering process only to enable us to input and process your order.

We will not e-mail you in the future unless you have given us your consent. If you wish to be deleted from our mailing list at any time please follow the unsubscribe link at the bottom of the email.

ACCURACY

A2. This website has been prepared solely on the information supplied by the manufacturers. Its accuracy cannot be guaranteed. The publishers and their production team cannot accept liability for inaccuracies, errors or ommisions in such information howsoever arising. Prices are correct at the time of submission to the site, excluding genuine mistakes.

Specifications are directed by the manufacturer, and are subject to change by the manufacturer at any time.