Terms & Conditions

1. Definitions and Interpretation

1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Consumer” is as defined in the Consumer Rights Act 2015;

“Contract” means the contract for the purchase and sale of the Product(s) or services, as explained in clause 2;

“Customer/you/your” means you, means the Consumer or business organisation ordering the Product(s) or services. Where the person ordering the Product(s) or services is an individual doing so on behalf of a business, that person confirms they have the authority to contractually bind and enter into the Contract on behalf of that business and the business will be the Customer in the context of this Contract;

“Order” means your order for the Product(s) or services;

“Order Confirmation” means our acceptance and confirmation of your Order as described in clause 2; and

“Product(s)” means the assistive technology products and any other Product(s) or services which are to be supplied by us to you as specified in your Order (and confirmed in our Order Confirmation);

“Website” means www.velotrain.com or any other domain owned and registered to Active Linx Ltd.

Each reference in these Terms and Conditions to “writing” and “written” includes electronic communications such as e-mail and similar communications.

1.2 Any reference to a working day is a working day in England (Monday – Friday, excluding bank holidays).

2. The Contract

2.1 These Terms and Conditions govern the sale of all Products and services by us and will form the basis of the Contract between you and us. If you wish to place an Order with us, our Websites will guide you through the ordering process. Before submitting your Order to us, you will be given the opportunity to review and amend it. Please ensure that you have checked your Order and that you have read these Terms and Conditions carefully before submitting it. If you are unsure about any part of these Terms and Conditions, please contact us for clarification.

2.2 No part of our Websites or sales literature constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that we may, at our sole discretion, accept. We will indicate our acceptance by sending you an Order Confirmation by email. Only once we have sent you an Order Confirmation will there be a legally binding Contract between you and us.

2.3 The Order Confirmation will confirm the Product(s) and services ordered with pricing including, where appropriate, taxes, delivery and other charges, our identity and contact details, and the delivery option you have chosen for the Product(s).

2.4 If, for any reason, we do not accept or cannot fulfil your Order, we will not take payment under normal circumstances. If we have taken payment, we will refund this to you as soon as possible (and in any event, within 14 days of notifying you that we are unable to fulfil your order).

2.5 Once your Order has been accepted as detailed in clause 2.2, we cannot accept any changes to it without prior agreement.

3. Description and Specification of Products

3.1 We have made every reasonable effort to ensure that the Products conform to the photographs and descriptions shown on our Websites. Please note that certain details such as colours may look different to the actual colour of the Products or services when displayed on an electronic device.

3.2 We reserve the right to make changes to the specification of the Products or services without notifying you, unless this is needed to conform to any applicable safety, legal or regulatory requirements.

3.3 We do not represent or warrant that particular Product(s) or services will be available. If the Product(s) or services are not available, then clause 2.4 will apply.

4. Price and Payment

4.1 The price of the Product(s) or services will be that quoted or shown on our Websites at the time of your Order. Our prices may change at any time, but this will not affect any Orders that we have already accepted.

4.2 We have made every reasonable effort to ensure that the prices we show are correct. If we find, or are made aware of, any typographical or other accidental errors or omissions, we will make every reasonable effort to correct these as soon as possible.

4.3 If there is an obvious pricing error, we will be under no obligation to provide the Product(s) or services to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the price error is unmistakable and you could have reasonably recognised it as mispricing. We will check the prices when we process your Order.

4.4 All prices shown prior to ordering are exclusive of VAT where applicable. If the rate of VAT changes between the date of your Order and the date of your payment, we will adjust the rate of VAT that you must pay where applicable. Changes in VAT will not affect any prices where we have already received payment from you in full.

4.5 Delivery charges are not included in the price of the Product(s) or services. Delivery options where applicable, and any related charges will be presented to you as part of the Order process.

4.6 Payment for the Product(s) or services and any related delivery charges, where applicable, must be made at the time of Order, unless by prior agreement, and you will be prompted to pay during the Order process.

4.7 All payments via the Website will be processed via a payment gateway provider, such as Stripe or PayPal. No credit or debit card information is provided to us, and completion of the transaction will be subject to you agreeing to the payment gateway provider’s terms and conditions. A separate contractual relationship will be created between you and this third party, and we cannot be held liable for any errors, actions, omissions or incorrect charges that may be made by them.

5. Delivery

5.1 We will send you an email confirmation notifying you when the Order has been dispatched. We shall notify you of the estimated delivery timeframe upon Order, however, shall have no responsibility where this is subject to delays caused by events outside of our control – see clause 12.

5.2 Orders will be delivered by courier; you may be required to sign for the delivery. If no one is available at your delivery address to receive the Product(s) or services, then we may need to charge for the redelivery. If your Order has not arrived by the estimated delivery date, please contact us in writing as soon as possible so we can investigate.

5.3 If there are likely to be any delivery restrictions to your chosen address, you must notify us when placing your Order by filling in the additional notes field at checkout, as failing to do so may incur additional costs for redelivery – see clause 5.2.

5.4 In the unlikely event that we fail to deliver your Order within 30 days of our Despatch Confirmation (or as otherwise agreed under clause 5.1), you may treat the Contract as being at an end immediately if we have refused to deliver your Order or if you told us when placing the Order that delivery within that time-period was essential.

5.5 If you do not wish to cancel under clause 5.4 or none of those circumstances apply, you may specify a new (reasonable) delivery date. If we fail to meet the new deadline, you may then treat the Contract as being at an end.

5.6 Delivery will be deemed to have taken place when the Order has been delivered to the delivery address indicated in the Order Confirmation and you (or someone identified by you) have taken physical possession of the Product(s) or services. If you have nominated a safe place in which the courier can leave the Order without a signature, delivery will be deemed to have taken place when the Order is delivered to this safe place.

5.7 The responsibility (sometimes referred to as the “risk”) for the Product(s) or services remains with us until delivery is complete as defined in clause 5.6 at which point it, and ownership of the Product, will pass to you.

6. Consumers Only – Faulty, Damaged or Incorrect Products

6.1 By law, we must provide Products or services that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information we have provided, and that match any samples that you have seen or examined (unless we have made you aware of any differences). If any Product(s) or services you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect (or incorrectly priced) Product(s) or services. Please contact us as soon as reasonably possible to inform us of the fault, damage or error, and to arrange for the following remedy/remedies:

6.1.1 Beginning on the day that you receive the Product(s) or services, you have a 30 day right to reject the Product(s) or services and to receive a full refund if they do not conform as stated above.

6.1.2 If you do not wish to reject the Product(s) or services, or if the 30 day rejection period has expired, you may request a replacement. We will bear any associated costs and will provide the replacement within a reasonable time and without significant inconvenience to you. In certain circumstances, where a replacement is impossible or otherwise disproportionate, we may instead offer you a full refund. If you request a replacement during the 30-day rejection period, that period will be suspended while we provide the replacement and will resume on the day that you receive the replacement Product(s) or services. If fewer than 7 days remain out of the original period, it will be extended to 7 days.

6.1.3 If, after replacement, the Product(s) or services still do not conform (or if we have failed to act within a reasonable time or without significant inconvenience to you), you may have the right either to keep the Product(s) or services at a reduced price or reject them in exchange for a refund.

6.1.4 If you exercise the final right to reject the Product(s) or services more than six months after you have received the Product(s) or services, we may reduce any refund to reflect the use that you have had out of the Product(s) or services.

6.2 Please note that you will not be eligible to claim under this clause 6 if we informed you of the fault, damage or other problems with the Product(s) or services before you purchased them (and it is because of the same issue that you now wish to return them); if you have purchased the Product(s) or services for an unsuitable purpose that is neither obvious nor made known to us and the problem has resulted from your use of the Product(s) or services for that purpose; or if the problem is the result of normal wear and tear, failure to use the Product(s) or services in accordance with the manufacturer’s guidance, misuse or intentional or careless damage. Please also note that you may not return Product(s) or services to us under this clause 6 merely because you have changed your mind – please refer to clause 7 for this.

6.3 To return Product(s) or services to us for any reason under this clause 6, please contact us to arrange for the return. We will be fully responsible for the costs of returning Product(s) or services under this clause 6 and will reimburse you where appropriate. You must include any promotional/free gifts (if applicable) originally provided with your Order in your return, in order to receive a full refund.

6.4 Refunds will be issued using the same payment method that you used when ordering the Product(s) or services (unless you specifically request that we use a different method) within 14 days of the day on which we agree that you are entitled to the refund and will include all delivery costs paid by you when the Product(s) or services were originally purchased.

7. Consumers Only – Cancelling and Returning Product(s) or services if You Change Your Mind

7.1 If you are a Consumer in the United Kingdom, you have a legal right to a “cooling-off” period within which you can cancel the Contract for any reason. This period begins once your Order is complete and we have sent you your Order Confirmation, i.e. when the Contract between you and us is formed. You may also cancel before we send the Order Confirmation.

7.2 If the Product(s) or services are being delivered to you in a single instalment, the legal cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the Product(s) or services. If the Product(s) or services are being delivered in separate instalments on separate days, the legal cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the final instalment of Product(s) or services.

7.3 If you wish to exercise your right to cancel under this clause 7, you must inform us of your decision within the cooling-off period and you may do so in any way you wish. Cancellation by email or by post is effective from the date on which you send us your message. Please note that the cooling-off period lasts for whole calendar days. If, for example, you send us an email or letter by 23:59:59 on the final day of the cooling-off period, your cancellation will be valid and accepted.

7.4 Please note that you may lose your legal right to cancel under this clause 7 if the Product(s) or services have been personalised or custom-made for you.

7.5 Please ensure that you return Product(s) or services to us no more than 14 calendar days after the day on which you informed us of your wish to cancel under this clause 7.

7.6 You may return Product(s) or services to us by post or another suitable delivery service of your choice. Please contact us to obtain details of the returns address. Please note that you must bear the costs of returning Product(s) or services to us if cancelling under this clause 7 and we will not reimburse you for the original delivery charges.

7.7 Refunds will be issued to you within 14 calendar days from:

7.7.1 the day on which we receive the Product(s) back; or

7.7.2 the day on which you inform us (with evidence) that you have sent the Product(s) or services back (if this is earlier than the day under clause 7.7.1);

7.7.3 if we have not yet provided an Order Confirmation or have not yet despatched the Product(s) or services, the day on which you inform us that you wish to cancel the Contract.

7.8 Refunds may be reduced for any diminished value in the Product(s) or services resulting from your excessive handling of them (e.g. more than would be permitted under normal use). If we issue a refund before we have received the Product(s) or services and have had a chance to inspect them, we may subsequently charge you an appropriate sum if we find that the Product(s) or services have been handled excessively.

7.9 You must include any promotional/free gifts (if applicable) originally provided with your Order in your return in order to receive a full refund.

7.10 Refunds under this clause 7 will be made using the same payment method that you used when ordering the Product(s) or services, unless you specifically request that we make a refund using a different method.

8. Business Customers Only – Cancellations and Returns

8.1 If you are not a Consumer, you may not cancel any Order which we have accepted, except with our written agreement and on the basis that you will indemnify us in full against all loss, costs, restocking fees and other expenses we may incur as a result of the cancellation.

8.2 If, on delivery, you are not satisfied with the Product(s) or services and wish to return them, you may do so only provided:

8.2.1 you inspect the Product(s) or services on delivery. Where the Product(s) or services cannot be examined, the delivery note or such other note as appropriate must be marked as “not examined”.

8.2.2 you inform us that you wish to return the Product(s) or services within 48 hours of delivery;

8.2.3 the Product(s) or services remain in their original condition, as delivered;

8.2.4 the Product(s) or services are returned at your risk and you agree to bear the cost of delivery to us; and

8.2.5 you indemnify us against any cost incurred by us in rectifying any deterioration of the Product(s) or services caused by incorrect storage or use while in your possession.

8.3 If, on receipt, we prove the Product(s) or services to be damaged or defective, and you comply with clause 8.2 above, we may refund any costs of delivery at our discretion.

8.4 You must return all Product(s) or services to us in their original condition, in their original, un-opened packaging, with proof of purchase.

8.5 We may offer to replace the Product(s) or services (or the defective part of them) or offer you a credit or refund at our discretion. This will only be issued to you once we receive the original Product(s) or services back.

8.6 If the Product(s) or services are not returned in the original packaging, we will charge or deduct a small fee from the refund or credit as applicable.

9. Cancellations by Us

9.1 We may cancel your Order at any time before we despatch the Product(s) or services to you, if the Product(s) or services are no longer in stock and we are unable to re-stock (if, for example, the Product(s) or services are discontinued); or If an event outside of our control occurs (please see clause 12).

9.2 If we cancel your Order and you have already paid for the Product(s)or services under clause 4, we will confirm this in writing and will refund the payment to you within 14 days.

9.3 If you are a business Customer, we may cancel any Order, suspend further deliveries, terminate your account and/or charge you interest on the overdue amount at the rate of 8% per annum above the Bank of England base rate, if you breach your Contract with us, or if you become insolvent, bankrupt or anything similar occurs. In this event, we will have the right to request immediate payment for any Product(s) or services that have been delivered but not yet paid for, and we will be entitled to require you to deliver any Product(s) or services to us in which we retain ownership and, if you fail to do so, to enter upon any premises of yours or any third party during normal working hours where the Product(s) or services are stored and repossess them.

10. Guarantees:

10.1 Once the Goods have been delivered, you will be granted a guarantee in line with the manufacturer’s warranty. If any defects appear due to no fault of yours during this period, we will rectify any and all such defects at no cost to you.

10.2 This guarantee is subject to:

10.2.1 payment having been received by us in full;

10.2.2 you providing written notice to us within 14 days of becoming aware of any such defect;

10.2.3 you ensuring that no person modifies, adjusts or interferes with the Product(s) or services without our prior approval. Should this occur, any problems encountered as a result will be chargeable;

10.2.4 and you having followed all instructions issued relating to the Product(s) or services.

10.3 We accept no liability in respect of the following:

10.3.1 damage due to causes beyond our control including, but not limited to, neglect, misuse, faults or premature deterioration which result from your failure to comply with our maintenance and cleaning instructions;

10.3.2 damage due to misuse or vandalism; or

10.3.3 cosmetic damage or deterioration arising out of normal wear and tear.

10.4 Any repair work carried out or replacement materials supplied by us or our agents within the guarantee period will also be covered by the guarantee, but only for the remainder of the original guarantee period.

11. Our Liability

11.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms and Conditions or as a result of our negligence or breach of contract. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.

11.2 Under no circumstances will we be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity whatsoever.

11.3 Nothing in these Terms and Conditions seeks to exclude or limit our liability for death or personal injury caused by our negligence (including that of our employees or sub-contractors); or for fraud or fraudulent misrepresentation.

11.4 Nothing in these Terms and Conditions seeks to exclude or limit any of your rights as a Consumer. More information can be obtained from your local Citizens’ Advice Bureau or Trading Standards Office.

11.5 Subject to clause 11.3, for business Customers only, our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the total price paid for the Product(s) or services. All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.

12. Events Outside of Our Control (Force Majeure):

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, industrial action, civil unrest, fire, flood, storms, earthquakes, subsidence, acts of terrorism or war, governmental action, other natural disaster, or any other event that is beyond our control.

13. How We Use Your Personal Information (Data Protection):

All personal information that we may process will be collected, used and held in accordance with the provisions of the Data Protection Act 2018, the UK General Data Protection Regulation, and any amendments to them. For further information, please refer to our Privacy & Cookies Policy, available on our Website.

14. Other Important Terms

14.1 We may transfer (assign) our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (if, for example, we sell our business). If this occurs you will be informed by us in writing. Your rights under these Terms and Conditions will not be affected and our obligations under these Terms will be transferred to the third party who will remain bound by them.

14.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract) without our express written permission.

14.3 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 and Conditions.

14.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) will be deemed severed from the remainder of these Terms and Conditions and the remainder will be valid and enforceable.

14.5 No failure or delay by us in exercising any of our rights under these Terms and Conditions means that we have waived that right, and no waiver by us of a breach of any provision of these Terms and Conditions means that we will waive any subsequent breach of the same or any other provision.

15. Governing Law and Jurisdiction

15.1 These Terms and Conditions and the Contract between you and us will be governed by, and construed in accordance with, the laws of England and Wales and where you are a Consumer, any other mandatory law concerning your rights as a Consumer.

15.2 Any disputes concerning these Terms and Conditions, the relationship between you and us, or any matters arising from it or associated with it (whether contractual or otherwise) will be subject to the jurisdiction of the courts of England and Wales (except as detailed in clause 15.1).