Terms of servicing
SERVICING TERMS & CONDITIONS
Frome Community Bike Project (FCBP) is a Community Interest Company which recycles bikes and cycling equipment.
These terms and conditions will govern the provision of servicing by us, booked in person, online, via email or over the telephone. You should review these terms and conditions carefully before booking any service.
Should you have any queries arising from the servicing terms and conditions, please email us at [email protected] and we would be happy to help.
- Interpretation and Construction
- www.fromebikeproject.org and https://fcbp.square.site are sites operated by Frome Community Bike Project CIC (company number 14025311) a company registered and incorporated in England and Wales. FCBP undertakes the business of repairing and selling donated second hand bicycles and performing servicing on customer bicycles.
- Any references to “FCBP”, “we”, “our” and “us” throughout the Terms and Conditions refer to Frome Community Bike Project CIC.
- Contacting Us
Email at [email protected]
Telephone 07968 628700
- Complaints/Alternative Dispute Resolution
In the event that you are not satisfied with the goods or service you have received from us, or if you wish to contact the Company regarding any other matter, please use the contact our “Contacting Us” section of these Terms and Conditions.
- GENERAL TERMS AND CONDITIONS OF SALE
- Once FCBP have your bicycle, you have the right to cancel at any time before the instructed work has commenced.
- Where costs have been incurred you will only pay for the work completed or the cost incurred. Payment for costs incurred will be required prior to the return of your bicycle. Deposits will be refunded only if no costs have been incurred.
- Bicycle Servicing & Technician Recommendations
Prior to carrying out your booked service, our mechanic will undertake an assessment of your bicycle to determine the condition of your bicycle and may contact you to advise of any additional work that may be required and/or parts that require replacing. FCBP will not undertake any additional work without your consent, if you choose not to follow our recommendations, we cannot guarantee that your bicycle will work as it should. We will, however, do what we can to make your bike roadworthy.
- Bicycle Safety Check
We carry out a safety check of your bicycle to check whether or not your bicycle is roadworthy. At the end of the check our mechanic will provide you with a report on the condition of your bicycle. No work is carried out to your bicycle without your consent. However, if you choose not to follow our recommendations and/or continue to use your bicycle which has failed the Bicycle Safety Check, you do so at your own risk.
- Bicycle Servicing
Prior to carrying out any Tier 1, 2 or 3 Service our mechanic will undertake an assessment of your bicycle to determine the condition of your bicycle and may contact you to advise of any additional work that may be required and/or parts that may require replacing. We will not undertake any additional work without your consent, however, if you choose not to follow our recommendations, we cannot guarantee that your bicycle will work as it should. We will, however, do what we can to make your bike roadworthy.
- Stand Alone Repairs
We will not undertake a full assessment of your bicycle if you only ask us to undertake an individual/standalone repair(s) (i.e. anything that is not a Tier 1, 2 or 3 Service. However, it may be necessary to undertake further work and/or replace additional parts as a result of a standalone repair. We will not undertake any additional work without your consent, however, if you choose not to follow our recommendations, we cannot guarantee that your bicycle will work as it should. We will, however, do what we can to make your bike roadworthy.
- Completion of work
FCBP will not be liable for any economic losses arising in any manner whatsoever out of any delays to, or complications with, the fulfilment of any booking for or arising out of any bicycle servicing, repair and or maintenance work you have asked us to undertake, provided that nothing in these terms limits or excludes FCBP liability for death or personal injury caused by its proven negligence.
- Cancellation following commencement of instructed work
Where costs have been incurred you will only pay for the work completed or the cost incurred. Payment for costs incurred will be required prior to the return of your bicycle.
- Storage Charges & disposal of your bicycle
- Under normal conditions, no storage charges will be applied, however, storage charges will be payable to FCBP in relation to any bicycles not collected from FCBP for a period of 5 working days following completion of the work undertaken by FCBP on such bicycle.
- Storage charges will be payable at the rate of £5.00 per 24 hours.
- FCBP retains the right to dispose of any bicycle that has remained in our possession for more than 2 (two) months.
Payment in full is required on completion of any work undertaken to your bicycle and prior to the return of your bicycle.
- Removed Parts
Removed parts will be disposed of by FCBP. Disposal will be in accordance with current environmental regulations and legislative requirements.
Subject to your statutory rights (which shall not be affected by this provision), once fitted to your bicycle any parts fitted to your bicycle cannot be exchanged.
Subject to your statutory rights (which shall not be affected by this provision), it is not possible to offer refunds after purchase for any parts that have been used on your bicycle. If you believe that any parts we have fitted are faulty, we will offer you the option of purchasing a replacement while the original part is sent to the manufacturer for analysis. If the manufacturer confirms that the product is faulty the cost of your replacement purchase will be refunded. We do however offer a Warranty on our work and parts (see section 20).
FCBP reserves the right to add, remove or amend the terms and conditions contained in this site without prior notice.
- Limitation of liability
- Nothing in these Conditions shall limit or exclude FCBP's liability for:
- death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 12 of the Sale of Goods Act 1979;
- defective products under the Consumer Protection Act 1987; or
- any matter in respect of which it would be unlawful for FCBP to exclude or restrict liability.
- Subject to clause 17.1:
- FCBP shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
- FCBP's total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the cost of work completed.
- If the Goods you collect or we deliver are not what you ordered or are damaged or defective, you must notify us in writing at [email protected] within 10 Business Days of either the Delivery Date or the Collection Date, whichever is applicable in the circumstances.
- Point of Legal Contract Creation
- When you place an order and/or make a booking in person, via the website, via email or over the phone to purchase services from, and/or to have goods fitted by, FCBP, this constitutes an “offer”.
- FCBP will verbally confirm your order or send you an email confirming receipt of your order and containing the details of it (the “Order Confirmation”). This constitutes the “acceptance”, irrespective of whether any payment that has been taken previously by FCBP.
- In the event that FCBP does not accept your offer and/or does not issue an Order Confirmation via email or verbally to you, FCBP shall make a full refund of any payments made by you as part of the ordering process.
- These terms are the only terms upon which FCBP will contract with you for the purchase of its services through its website, They shall govern the contract to the entire exclusion of all other terms or conditions.
- FCBP retains the right to refuse to accept your order solely at its discretion. If there is concern that there is an attempt to place an order dishonestly, fraudulently, by impersonating someone else or by attempting to use payment details which have been stolen, we will make additional checks and if appropriate involve external authorities.
- Selection of the Correct Parts for your Bicycle
- FCBP may refuse to fit any bicycle components to your bicycle, if such components have not been ordered via FCBP.
- In the event FCBP agrees to fit bicycle components supplied by you or a third party FCBP accepts no responsibility for and excludes all liability for any losses suffered as a result of any of our customers selecting and/or ordering from the incorrect bicycle components (e.g. provided that nothing in these terms limits or excludes FCBP liability for death or personal injury caused by its proven negligence.
- When purchasing your bicycle components from third parties (including online retailers) please be very careful in your selection of bicycle components. You will remain liable for all charges/costs incurred in fitting of bicycle components supplied by you or a third party, even in the event that such components (in the reasonable opinion of FCBP) are incompatible with your bicycle.
- FCBP will fit new parts to your bicycle, but you may be given the option to have secondhand parts fitted. If you choose to have secondhand parts fitted you should be aware that they have by their very nature been subject to wear and tear and as such may not last as long and will not have a manufacturer’s warranty.
- The Warranty
- FCBP warrants that on delivery the Goods shall comply with the provisions of the Sale of Goods Act 1979 (as amended) and the terms of these Conditions do not affect your statutory rights save as provided for by clause 17.
- FCBP provides a 12 month Warranty for all new parts and a 1 month Warranty for second hand parts on payment being received in full (Warranty Period) in accordance with the terms of the Warranty.
- the Customer gives notice in writing to FCBP during the Warranty Period that the Goods do not comply with the Warranty;
- FCBP is given a reasonable opportunity of examining such Goods; and
- you (if asked to do so by FCBP) return such Goods to FCBP's place of business; FCBP shall, wholly at its option, repair the defective Goods, offer you a replacement good for the Goods or refund the price of the defective Goods in full.
- FCBP shall not be liable for the failure of any Goods to comply with the Warranty in clause 20.2 in any of the following events:
- you make any further use of such Goods after giving notice in accordance with clause 20.3;
- the defect arises because you failed to follow FCBP's oral or written instructions as to the storage, use and/or maintenance of the Goods;
- the Customer alters or repairs such Goods without the written consent of FCBP;
- the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions;
If you elect to repair Goods yourself, use the services of a services provider that is not pre-approved, or if you use a replacement part not approved by FCBP, FCBP will not be liable for any damage, failure, repair costs or loss caused by the use of such unauthorised service or parts.
FCBP will have the option to repair or replace (with new or reconditioned parts of the same or similar specification), at no charge, a defective Good.
These Conditions shall apply to any repaired or replacement Goods supplied by FCBP.
Please note that this Warranty does not cover general wear and tear on perishable items such as tyres, inner tubes, brakes, brake and gear cables, brake pads, light bulbs, chain, rings, chains, cassettes, rims, batteries etc.
All workmanship is subject to our Warranty for a period of 3 months from the date of the work being undertaken.
- How to Claim Under Your Warranty
Contact FCBP quoting your original receipt details and any other paperwork provided to you. Please be sure to keep your original paperwork safe as a failure to produce this could impact on your ability to claim.