These Terms will apply to any contract between us for the sale of products to you (“Contract”).
- Please read these Terms carefully, and make sure that you understand them, before ordering any products from our website. By submitting your order to us you will be deemed to have accepted these Terms;
- We amend these Terms from time to time. Every time you wish to order products, please check these Terms to ensure you understand the Terms which will apply at that time.
These Terms were most recently updated on 31/01/18.
Please note that the statements in our Help Desk and translations of these English Terms and Conditions are provided as a courtesy for your convenience and are not intended to modify these Terms in any way.
INFORMATION ABOUT US
We are Outdoor & Cycle Concepts Limited, a company registered in England and Wales under company number 03382348 and with our registered office at Unit 11, Kemble Business Park, Crudwell, Malmesbury, Wiltshire, SN16 9SH. Our main trading address is Unit 11, Kemble Business Park, Crudwell, Malmesbury, Wiltshire, SN16 9SH. Our VAT number is GB771695393.
We operate the following websites:
To contact us, for any reason, contact our Customer Services team by live chat, telephone on 01666 336 447 or by post to:
Outdoor and Cycle Concepts Ltd
PO BOX 75
If you are emailing us or writing to us, please include details of your order to help us to identify it.
“Writing” includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
Our Responsibility For Loss Or Damage Suffered By You
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 these Terms 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 order process.
We are not liable for business losses. We only supply the products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We do not in any way exclude or limit 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;
- Fraud or fraudulent misrepresentation;
- Defective products under the Consumer Protection Act 1987;
- Any other breach of your legal rights in relation to the Products including the right to receive products which are:
- As described and match information we provided to you and any sample or model seen or examined by you;
- Of satisfactory quality;
- Fit for any particular purpose made known to us;
- And supplied with reasonable skill and care.
Events Outside Our Control
We will not be liable or responsible for any failure to perform or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below.
An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
- We will contact you as soon as reasonably possible to notify you; and
- Our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of products to you, we will arrange a new delivery date with you after the Event is over.
You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant products you have already received and we will refund the price you have paid, including any delivery charges.
How We Use Your Personal Information
How we will use your personal information. We will use the personal information you provide to us:
- Undertake credit reference, fraud prevention and fraud detection searches, and to validate the information you provide us with other publicly-available records (such as the electoral roll);
- To supply the products to you;
- To process your payment for the products; and
- If you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
We may pass your personal information to credit reference agencies. We may pass your personal information to credit reference agencies and other third parties to undertake the searches and validations mentioned above and they may keep a record of any search that they do.
We may monitor and record telephone calls. We reserve the right to monitor and record telephone calls to us, or made by us, in order to monitor staff performance, maintain service quality standards and protect our staff from threats and abuse.
We will only give your personal information to other third parties where the law either requires or allows us to do so.
How To Contact Us If You Have Any Concerns
How to contact us in the first instance. We want you to be pleased with any purchase you make from us, so if there’s something you’re not happy with please let us know as soon as possible. All our contact details can be found on our Contact Us page.
If you are not happy with our initial response. Please send us an email at email@example.com. We will respond to you within 14 days of receiving your letter with a suggested course of action to try and resolve the problem.
If we are unable to resolve your concerns. If you are not happy with how we have handled any complaint, Alternative Dispute Resolution (ADR) is a process where an independent body considers the facts of a dispute and seeks to resolve it, without You having to go to court. You can access the online Alternative Dispute Resolution platform here: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=EN
Use Of Our Website
Terms on which we make our website available. By using our website, you confirm that you accept the terms set out in this section. If you do not agree to the terms, you must not use our website.
We may update our website. We may update our website from time to time and change the content at any time. Any changes to the products or these Terms will be dealt with by "Our Rights To Vary These Terms And Conditions" on our Ordering, And Cancelling Orders page.
Our website may not always be accurate or available. We take all reasonable care to ensure that our website is accurate, but we cannot guarantee that our website, or any content on it, will be completely free from errors or omissions. We do not guarantee that our website will always be available or you will be able to use it without interruption. Access to our website is permitted on a temporary basis, and we may suspend or withdraw all or any part of our website without notice. We will not be responsible for any loss or damage you suffer if our website is unavailable at any time.
You must use our website lawfully. You may use our website only for lawful purposes. You may not use our website:
- In any way that breaches any applicable local, national or international law or regulation;
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- For the purpose of harming or attempting to harm minors in any way;
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
Using our name and the images and material on our website. We are the owner of all intellectual property rights on our website, and in the images and material published on it. Those images and materials are protected by copyright laws around the world. Cotswold Outdoor and our logo are our trademarks. All rights are reserved. You must not use any images or material from our website for any commercial purpose, for example, advertising products that you have bought from us for resale on other websites.
If you want to link another website to our website. You may create a link from your own website to our website homepage (but not to any other page of our website) provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not suggest any form of association, approval or endorsement by us of you or your website unless we have agreed with you in writing. You must not ‘frame’ our website on any other website.
Use of third-party trademarks on our website. We use third-party trademarks on our website for the purpose of describing and identifying the products that we sell on our website. We are not associated, linked or affiliated with the owners of any third party trademarks we use on our website, and do not endorse any of their businesses or products.
Other Important Terms
We may transfer this agreement to someone else. We may transfer our rights an obligations under a Contract to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Contract. If you are unhappy with this transfer, you may contact us to cancel any outstanding orders within 30 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
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 in writing.
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 whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
If a court finds part of this contract illegal, the rest will continue in force. Each of the sections of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections will remain in full force and effect.
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 our breaking this Contract, that will not mean that you do not have to do those things and it will not prevent us from taking steps against you at a later date. For example, if we can demonstrate that you are buying products from us with the intention of reselling them and we accept your order, we can still take any of the actions permitted by "Resale Of Our Products" under our Ordering, And Cancelling Orders page.
Which laws apply to this contract and where you may bring legal proceedings. Please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law and you can bring legal proceedings in respect of the products in the English courts. However, if you are a resident of Northern Ireland you may bring proceedings in the Northern Irish or the English courts, and if you are a resident of Scotland, you may bring proceedings in Scottish or the English courts.
Delivery costs. The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process before you confirm your order. To check relevant delivery charges, please refer to our Delivery page.
When we will provide the products. At the point of checkout, you will be informed of your estimated delivery date(s), which will be within 30 days after the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order).
We are not responsible for delays outside our control. Occasionally our delivery to you may be affected by an Event Outside Our Control. See "Events Outside Our Control" on our General Terms page for our responsibilities when this happens.
If we have dispatched your products to our carriers in accordance with our obligations above, then we have complied with our obligations. If your order does not arrive the next day, or on the selected day you have chosen, please do contact us and we will do our best to determine why the order has not been delivered but we will not be liable to you for any costs or losses due to the late delivery.
If you are not at home when the product is delivered. If no one is available at your address to take delivery and the Products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
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 "Our Rights To End The Contract" on page Ordering, And Cancelling Orders will apply.
When you become responsible for the products. Delivery of an order shall be completed when we deliver the products to the address you gave us or you collect them from us, or a nominated third party and the products will be your responsibility from that time.
When you own the products. You own the products once we have received payment in full, including all applicable delivery charges.
Products we are unable to deliver. There are certain items which we are unable to deliver to your home. Unfortunately, we cannot deliver gas or cooker fuel, as well as large, heavy and bulky items. We have a weight restriction of 30kg and size restriction of 1.5m in length and girth combined. If you would like to purchase an item online with any of the above restrictions you will need to collect them in store subject to the Click and Collect terms in the "Click And Collect" section on our Deliveries page.
Your legal rights if we deliver goods late. You have legal rights if we deliver any goods late. If we miss the 30-day delivery deadline, or any other deadline agreed between us, for any products then you may cancel your order straight away if any of the following apply:
- We have refused to deliver the products; or
- Delivery within the delivery deadline was essential (taking into account all the relevant circumstances).
Setting a new deadline for delivery. If you do not wish to cancel your order straight away, or do not have the right to do so under our Deliveries page, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your order if we do not meet the new deadline.
Cancelling your order for late delivery. If you do choose to cancel your order for late delivery, you can do so for just some of the products or all of them, unless splitting them up would significantly reduce their value. If the products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your order we will refund any sums you have paid to us for the cancelled products and their delivery.
What will happen if you do not give the required information to us? We may need certain information from you so that we can supply the products to you, for example, your choice of size and colour. If so, this will have been stated in the description of the products on our website. If you give us incomplete or incorrect information, we may either cancel your order (and "Our Rights To End The Contract" on our Ordering, and Cancelling Orders page will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you giving us incomplete or incorrect information.
Reasons we may suspend the supply of products to you. We may suspend the supply of a product:
- To deal with technical problems or make minor technical changes;
- To update the product to reflect changes in relevant laws and regulatory requirements;
- If we can demonstrate that you are buying products from us with the intention of reselling them (see "Resale Of Our Products" on our Ordering, And Cancelling Orders page);
- If we reasonably believe that you have failed to comply with these terms; or
- To make changes to the product as requested by you or notified by us to you (see "Our Rights To Vary These Terms And Conditions under our Ordering, And Cancelling Orders page).
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 to cancel your order 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 30 days and we will refund any sums you have paid in advance for the product in respect of the period after you cancel the order.
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, for example, your payment is declined by your credit card provider or your bank, 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. As well as suspending the products we can also charge you interest on your overdue payments (see "When And How To Pay" under our Pricing And Payments page).
Delivery restrictions to certain international destinations.
Please note that while we will always use our reasonable efforts to accept an order from a customer located in an international destination, delivery to a particular international destination may not always be possible.
Please refer to the information on our product pages and the International Delivery section of our Delivery page for further details, and please contact us before you place your order if you are unsure about whether we can deliver a product to your international destination.
If you order products from our site for delivery to one of the international delivery destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
You must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable or responsible if you break any such law.
If you are a BFPO customer please ensure that you select 'BFPO' from the country drop down field when entering your address at the point of checkout. Failure to do this can result in your products being misrouted and may cause long delays.
For BFPO destinations that are exempt from VAT, the price will be adjusted once your order has been placed. It is essential that you select 'BFPO' from the country drop down field to qualify for this automatic exemption as we cannot apply retrospective refunds for VAT once your order has been despatched. Your order confirmation email will state the full retail value including VAT. We will send you a separate invoice showing the corrected amount, excluding VAT.
All BFPO deliveries will be delivered into Northolt via Yodel where they will then be distributed to the correct locations. Please be aware that once your products are handed over to BFPO, we cannot track the parcel and will have no control over its delivery.
BFPO deliveries are subject to the restrictions set out in the BFPO delivery section.
You may need to split your order into multiple consignments where the criteria set out in the BFPO delivery section of our delivery page are exceeded. If this is not possible, we will contact you directly.
Please allow up to 6 weeks for the delivery of your parcel.
Friends and Family. Please note that we are charged commercial rates for BFPO deliveries. If you wish to take advantage of the BFPO free delivery scheme for relatives and friends, you will need to take your parcel to the Post Office.
Click And Collect
Where the product details specify a Click and Collect option, you can elect to have your products delivered, free of charge, to a Cotswold Outdoor store convenient to you. A list of all of our stores can be found here.
If you are ordering more than one product you can select during the checkout process whether to have the products delivered to you or to collect them via Click and Collect. Unfortunately, we are not able to complete orders for multiple products via more than one delivery method.
Upon choosing the Click and Collect service you will receive an email from us confirming that you have opted to collect your product(s) via the Click and Collect Service.
You will subsequently receive a Dispatch Confirmation email confirming when the products have arrived in your chosen store and are ready for collection.
When the full order has arrived in the store it will be held for 48 hours, after which it will be returned to our central sorting facility. This period can be extended, at the discretion of the manager of the store.
To collect the products you will need to bring with you the Dispatch Confirmation and/or your order number and a form of photographic ID (for example, a driving licence or passport).