Terms of Service

Terms of Service

Overview
This website is operated by ARCC Bikes. Throughout the site, the terms “we”, “us” and “our” refer to ARCC Bikes. ARCC Bikes offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. 

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. 

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. 

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. 

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. 

SECTION 1 - Online Store Terms

  • By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. 
  • You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). 
  • You must not transmit any worms or viruses or any code of a destructive nature. 
  • A breach or violation of any of the Terms will result in an immediate termination of your Services. 


SECTION 2 - General Conditions

  • We reserve the right to refuse service to anyone for any reason at any time. 
  • You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. 
  • You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. 
  • The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. 


SECTION 3 - Accuracy, Completeness and Timeliness of Information

  • We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. 
  • This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. 


SECTION 4 - Modifications to the Service and Prices

  • Prices for our products are subject to change without notice. 
  • We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. 
  • We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. 


SECTION 5 - Products or Services (if applicable)

  • Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. 
  • We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate. 
  • We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. 
  • We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. 


SECTION 6 - Accuracy of Billing and Account Information

  • We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. 
  • You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. 
  • For more detail, please review our Refund Policy.


SECTION 7 - Optional Tools

  • We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. 
  • You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. 
  • Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). 
  • We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service. 


SECTION 8 - Third-party Links

  • Certain content, products and services available via our Service may include materials from third-parties. 
  • Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. 
  • We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. 


SECTION 9 - User Comments, Feedback and Other Submissions

  • If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. 
  • We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. 
  • You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. 


SECTION 10 - Personal Information
Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 - Errors, Inaccuracies and Omissions

  • Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). 
  • We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated. 

SECTION 12 - Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - Packaging
We will do our best to ensure that the goods are packaged in a way to prevent them from getting damaged and the packaging of the goods shall be entirely at our discretion. However, we are not responsible for any damage which occurs once the goods are in transit. If you believe that the goods have been damaged whilst being delivered, please contact us at info@arcc.co.uk.

SECTION 14 - Delivery

  • Please note that timescales for delivery will vary depending on the availability of the goods and your address. Where possible, we aim to complete your order ready for despatch within 3-5 working days of sending the order acknowledgment, however during peak periods this can be up to 5-7 working days. We will contact you with an estimated delivery date which will be within 30 days after the day that we send an order acknowledgment. We shall not be held responsible for any delays in delivery caused by circumstances beyond our reasonable control. If delivery is delayed for more than 30 days after the anticipated delivery date you shall be entitled to cancel the contract and we shall provide you with a refund in accordance with our Refund Policy.
  • We will deliver goods ordered by you by courier or Royal Mail unless you have selected to collect your goods when placing your order.
  • Where you have selected to collect the goods, we will notify you by email and arrange a convenient date and time for collection.
  • Upon collection of your goods you shall be required to present our staff with your order acknowledgement and photographic identification.
  • Where you have selected delivery of your goods, we shall arrange delivery by courier to the delivery address specified by you in your order.
  • If you fail to take delivery of the goods within a period of 15 working days of our written notification that delivery can take place, the goods will no longer be available for delivery. Unless your failure to take delivery of the goods is due to our fault, we shall be entitled to store the goods until actual delivery and charge you for the reasonable costs of storage (including insurance) and re-delivery. You must use the Contact Us page on our website to arrange re-delivery or contact us at info@arcc.co.uk
  • Where we inform you of delays, you will have the right to cancel your order or accept our revised projections for delivery.

SECTION 15 - Guarantee of Goods
The bike frame and pod system are covered by a 5 year warranty. This 5 year warranty excludes the following components of the bike frame and pod system: (i) tyres, (ii) inner tubes, (iii) chains, (iv) sprockets, (v) brake pads, and (vi) brake cables. The pod system does not include the motor which is covered by a separate 2 year warranty. The Bosch battery is covered by a 2 year manufacturer’s warranty. Bottom Bracket warranty of 10,000km.
This guarantee does not apply to any defect in the goods arising from:

  • fair wear and tear;
  • wilful damage, abnormal storage or working conditions, accident negligence by you or a third party;
  • if you fail to operate or use the goods in accordance with the user instructions;
  • any alteration or repair by you or by a third party who is not one of our authorised repairers; and
  • any specification provided by you
  • These warranties are in addition to, and do not affect, your legal rights in relation to the goods that are faulty or not as described.
If our system has been fitted by us to a bike which has been supplied by a third-party the above guarantees and exclusions detailed in section 15 are not affected with the exception of the 5 year frame warranty.
We will however honour your remaining manufacturer’s warranty or a minimum of 1 year in the event that the manufacturer’s warranty has expired provided proof of purchase has been validated by ARCC Innovations Ltd.

SECTION 16 - Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. 

  • We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. 
  • You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. 
  • You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. 
  • In no case shall ARCC Bikes, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 17 - Cancellation of the contract

  • Unless the goods have been personalised or otherwise made to your specification or you have ordered custom fit products, you may cancel the contract at any time after you place your order up to 14 calendar days from the day of delivery of all the goods.
  • If you cancel the contract in accordance with the clause above and you have made payment in advance for the goods We will refund these amounts to you within 30 calendar days from the date of your cancellation or within 30 calendar days of receipt of the returned goods direct to the payment method you originally used for your purchase minus any associated standard initial delivery or collection costs.
  • If you cancel an order for goods in accordance with the clause above which we have already dispatched to you, we will not be able to cancel your order until the goods are returned to us and inspected by us. In these circumstances, you will be required to return the goods to us in accordance with our Refund Policy and we will charge you the costs of collection or you will have to pay the cost of returning the goods back to us. This will not affect your refund for the goods themselves, but we will deduct from the refund that is due to you any charges for delivery, collection and/or charges relating to damage to the goods following our inspection.
  • You have the right to cancel this contract if we are affected by an event outside our control.
  • In the event that we have to cancel an order before the goods are delivered, due to an event outside our control or the unavailability of stock, we will promptly contact you to let you know;

 

    • if you have made any payment in advance for the goods that have not been delivered to you, refund these amounts to you;
    • that we will not charge you anything where we have already started work on your order for made to measure goods or customer fit products by the time that we have to cancel.

SECTION 18 - Notice to cancel
Should you exercise your right to cancel you must provide us with a clear statement of your decision to cancel the contract either:

  • by writing to us at the address outlined below.
  • by calling us on telephone number 01223 893290; or
  • by sending an email to the address below.

You may provide the necessary clear statement to us by using the model cancellation form set out in Appendix A to these Terms, but you do not have to do you may also want to keep a copy of the model cancellation form for your own records.
If you have any concerns or need to contact us please email us at info@arcc.co.uk or write to us at ARCC Innovations Ltd, Pampisford Road, Great Abington, Cambridge CB21 6AH.

SECTION 19 - Return of Goods

  • You must take reasonable care of the goods whilst they are in your possession.
  • If you are returning the goods they will be your responsibility until they are received by us, in a satisfactory condition, and we would recommend that you used a recorded delivery method such as an insured delivery service when returning the goods.
  • Your right to return the goods to us will not apply to any goods that we have made or customised specifically for you, including but not being limited to any custom fit products, however, this does not affect your statutory rights.
  • You may return faulty goods for a full refund or exchange, at no additional cost, however please note the time conditions applied in our Refund Policy.
  • If you cancel your order and we have delivered the goods to you, you are not permitted to use or attempt to fit/assemble the goods aside from your need to assess them for suitability and you will need to return all product packaging with the goods to repackage the goods appropriately to ensure that we receive them in a satisfactory condition by us at ARCC Innovations, Pampisford Road, CB24 6AH. Where goods have not been received by us and you have not supplied any proof of posting to us within 14 days of your notice of cancellation we will: contact you to arrange to have the goods collected at a mutually convenient time during the following 14 calendar days (excluding Saturdays and Sundays); advise you of the cost of collecting the goods; deduct the cost of collecting goods from any refund that we may owe you; and we shall not be liable to refund you if the goods are not received back and no proof of postage is supplied to us.
  • You are required to return the goods as soon as we receive your written notice of cancellation.
  • If you believe that you have received damaged or faulty goods or we delivered incorrect or substituted goods, where the substituted item(s) were not agreed prior to despatch, you will need to either return the goods to us at your cost, or alternatively allow us to collect the goods, for examination to take place at our premises. The reasonable cost of packaging and carriage of goods returned by you will be reimbursed by us if the goods are found to be damaged or defective and you shall be liable to pay us for any reasonable costs incurred by us collecting goods found not to be defective. To enable us to inspect the goods, we ask that you give us a reasonable opportunity to inspect the goods.
  • If, after we inspect the goods we agree that the goods are damaged or faulty, we shall either replace the goods (or the part in question) found to be defective at our cost or refund to you the price (or a proportionate part of the price) of the relevant part of the goods found to be damaged or faulty.


SECTION 20 -Indemnification 
You agree to indemnify, defend and hold harmless ARCC Bikes and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. 

SECTION 21 -Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. 

SECTION 22 - Termination

  • The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. 
  • These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. 
  • If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). 


SECTION 23 - Entire Agreement

  • The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. 
  • These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). 
  • Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. 


SECTION 24 - Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United Kingdom. 

SECTION 25 - Changes to Terms of Service

  • You can review the most current version of the Terms of Service at any time at this page. 
  • We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. 


SECTION 26 - Contact Information
Questions about the Terms of Service should be sent to us at info@arcc.co.uk.