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Website Terms of Use

 

This page (together with the documents it refers to) outlines the terms and conditions on which we grant you access to and use of our website us.brompton.com and the terms and conditions under which we supply any of the products (Products) listed on us.brompton.com to you. Please read these terms and conditions carefully before continuing to use Our Site or ordering any Products from Our Site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. The terms and conditions do not affect your statutory rights as a consumer

1 INFORMATION ABOUT US 

us.brompton.com (“Our Site”) is operated by Brompton Bicycle Inc (“we,” “us” or “Brompton”). We are registered in USA under BUSINESS ID (BIN) 30-0569984 and with our registered office and trading address at 55 Washington Street, Ste 253A, Brooklyn, NY 11201. 


2 USE OF OUR SITE

2.1 By using Our Site you agree to be legally bound by these terms, which shall take effect immediately on your first use of Our Site. If you do not agree to be legally bound by all the following terms please do not access and/or use Our Site.

2.2 We may change these terms at any time by posting changes online. Please review these terms regularly to ensure you are aware of any changes made by Brompton. Your continued use of Our Site after changes are posted means you agree to be legally bound by these terms as updated and/or amended.

2.3 You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use Our Site content in any way (except for your own personal, non-commercial use). You also agree not to adapt, alter or create a derivative work from any Our Site content (except for your own personal,non-commercial use). Any use of Our Site content requires the prior written permission of Brompton.

2.4 You agree to use Our Site only for lawful purposes in accordance with these terms and condition, and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of Our Site. Prohibited behavior includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within Our Site.

2.5 Our Site content, including the information, names, images, pictures, logos and icons regarding or relating Brompton and/or its products and services (or to third party products and services), is provided "AS IS" and on an "IS AVAILABLE" basis without any representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

2.6 Under no circumstances will Brompton be liable for any of the following losses or damage (whether such losses where foreseen, foreseeable, known or otherwise):

  • (a) loss of data;
  • (b) loss of revenue or anticipated profits;
  • (c) loss of business;
  • (d) loss of opportunity;
  • (e) loss of goodwill or injury to reputation;
  • (f) losses suffered by third parties; or
  • (g) any indirect, consequential, special or exemplary damages arising from the use of Our Site regardless of the form of action.

2.7 We do not warrant that functions contained in Our Site content will be uninterrupted or error free, that defects will be corrected, or that Our Site or the server that makes it available are free of viruses or bugs.

2.8 The names, images and logos identifying Brompton or third parties and their products and services are subject to copyright, design rights and trade marks of Brompton and/or third parties. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any trademark, patent, design right or copyright of Brompton or any other third party.

2.9 Links on Our Site may lead to other websites. Brompton accepts no responsibility for the content, accuracy or function of such websites nor does Brompton endorse the contents of such sites.

2.10 Contributions to us.brompton.com 

2.10.1 Where you are invited to submit any contribution to this Site (including any text, photographs, graphics, video or audio) you agree, by submitting your contribution, to grant Brompton a perpetual, royalty-free, non-exclusive, sub-licenseable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution, and in accordance with this website's acceptable use policy and the privacy restrictions set out in this website's privacy policy. If you do not want to grant to Brompton the rights set out above, please do not submit your contribution to this Site.

2.10.2 By submitting your contribution to this Site you:

  • warrant that:
    • your contribution is your own original work and that you have the right to make it available to Brompton for all the purposes specified above;
    • is not defamatory;
    • does not infringe any law; and
  • indemnify Brompton against all legal fees, damages and other expenses that may be incurred by Brompton as a result of your breach of the above warranty; and
  • waive any moral rights in your contribution for the purposes of its submission to and publication on this Site and the purposes specified above.

2.11 General

2.11.1 If there is any conflict between these terms and specific terms appearing elsewhere on this Site then the latter shall prevail.

2.11.2 If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.

2.11.3 These terms shall be governed by and interpreted in accordance with the laws of England and Wales.

3 HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

3.1 Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the order has been accepted (Order Confirmation). The contract between us (“Contract”) will only be formed when we send you the Order Confirmation.

3.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Order Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the order of such Products has been confirmed in a separate Order Confirmation.

3.3 Brompton Electric Reservation is subject to separate terms and conditions - found here

4 CANCELLATION

4.1 If you are contracting as a consumer, you may cancel your order within 14 days of the date on which the Products are delivered to you for any reason.  Please be aware that we are unable to cancel, refund or exchange the products listed below unless they are faulty or not as described (please see sections 5.5 and 5.6 for further information about returning faulty goods).

  • You can cancel during this 14-day cooling-off period by:
    • (a) informing us by either
      • emailing your cancellation to us at support@brompton.co.uk; 
      • filling in the model cancellation form
      • calling us on +4420 8232 8484 between the hours of 8am to 6pm Monday to Friday (except for Public Bank Holidays). Please note that we will not reimburse your postage costs on returned items.  You will be responsible for the cost of returning the item(s) to us and risk remains with you until we receive the Product(s).  These provisions do not affect any statutory rights that you may have.
      • Using live chat when available on site.

4.2 Products we are unable to cancel, refund or exchange:

  • Products which have been personalised for you; and

5 EFFECT OF CANCELLATION & REFUND POLICY

5.1 If you cancel your order in accordance with these terms and conditions, we will reimburse to you all payments we have received from you (including, if applicable, the costs of delivery except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us) in respect of the returned Products.

5.2 We may make a deduction from the reimbursement for any loss in value of any Products supplied, if the loss is the result of unnecessary handling.  Unnecessary handling is any handling over and above what is necessary to establish the nature, characteristics and functionality of the products (i.e what you would do in a shop to inspect the products prior to purchase). For the avoidance of doubt, we will not refund Product(s) which have been opened or tampered with or which have been consumed in whole or in part (unless the Products are defective and such defect was only apparent on opening of the Product). It is your responsibility to ensure products are returned in suitable packaging, we will make a deduction from the reimbersement of any items returned damaged if they are not suitably packaged.

5.3 Please note that we may withhold reimbursement until we have received the Products back or you have supplied evidence of having sent the Products back, whichever is the earliest. We will then reimburse you within 14 days of the earlier of these two events using the same means of payment used for the initial transaction, unless you have agreed otherwise.

5.4 We may have to cancel an order before the Products are delivered, due to an event outside our control or the unavailability of stock. We will promptly contact you if this happens. If we have to cancel an order and you have made any payment in advance for products that have not been delivered to you, we will refund these amounts to you.

Return of Faulty Goods

5.5 We are under a legal obligation to supply products that conform to the Contract.  Therefore, if the products delivered are not of satisfactory quality or do not conform to the description provided or any of these terms upon delivery, you may cancel the Contract and obtain a full refund (including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us) by returning the faulty Products to us within 6 months from the date of purchase.  On notifying Brompton of your faulty goods, please provide proof of purchase (providing your order number will be satisfactory).

5.6 Please note that we may withhold reimbursement until we have received the faulty Products back or you have supplied evidence of having sent the faulty Products back, whichever is the earliest. We will then reimburse you within 14 days of the earlier of these two events using the same means of payment used for the initial transaction, unless you have agreed otherwise.

6 AVAILABILITY

6.1 The Products shown on this website are a fair representation of the actual terms, although minor details may vary.

6.2 All Products offered are subject to availability. We will endeavour to identify any “out of stock” products on our website – occasionally, large or frequent orders might mean we run of stock during the trading day.

7 UK AND INTERNATIONAL DELIVERIES

7.1 See the separate Delivery Information, in the page footer.

8 RISK AND TITLE

8.1 The Products will be at your risk from the time of signed delivery.

8.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

9 PRICE AND PAYMENT

9.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.

9.2 These prices exclude tax and delivery costs, which will be added to the total amount due as set out in clause 5.

9.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation. Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.

9.4 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.

9.5 Payment for all Products must be by Paypal or the following credit or debit cards, Visa, Visa Delta, Visa Electron, MasterCard, or any other valid payment option shown at checkout. Payment will be taken at the time of ordering.

9.6 You undertake that the details you provide to us for the propose of ordering or purchasing goods are correct, that the credit or debit card you are using is your own and that there is sufficient funds to cover the cost of the goods or services ordered.

10 IMPORT DUTY

10.1 If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

10.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

11 WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

12 COMPLAINTS 

If you have any complaint about our service or product, we would very much like to hear from you. Please e-mail us at marketing@brompton.co.uk or call us on +4420 8232 8484 from 9am to 5pm Monday to Friday (except for Public Bank Holidays)

13 ONLINE SECURITY

13.1 We use the latest Secure Server Technology to ensure that all data submitted through our website is protected to the highest standards. Secure Socket Layer (SSL) encryption is used to ensure that all credit card and transactional information is secure. You can tell when the web page your using is secure as the letters 'https' will replace 'http' in the browser address window. You will also notice a yellow padlock appear either next to your browser address window or at the bottom of your browser window.

13.2 If you have any specific questions – contact us directly by e-mail at marketing@brompton.co.uk.

14 OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

14.1 We have the right to revise and amend these terms and conditions from time to time.

14.2 You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

15 LAW AND JURISDICTION 

Contracts for the purchase of Products through our site will be governed by USA law. Any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the courts of the USA.

16 GENERAL

16.1 If there is any conflict between these terms and specific terms appearing elsewhere on our Site then the latter shall prevail.

16.2 If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.

17 SPECIAL OFFERS TERMS AND CONDITIONS

17.1 Free postage is only available as part of a valid offer if applicable in the USA 

17.2 Promotions cannot be used in conjunction with other offers, best offer will apply.

 

 

These Terms were last updated on 26 January 2020.

Introduction

These terms and conditions (‘Terms’) set out the terms and conditions on which you may access and use the Brompton website (the ‘Website’) and (if applicable) purchase any products via the Website.
Please read these Terms carefully before using any aspect of the Website as, by accessing or using the Website and (if applicable) by purchasing any products via the Website, you indicate that you accept these Terms and agree to abide by them. If you do not agree to these Terms, you must not use or access the Website.
We will process any personal data provided to us in line with our privacy policy . The Website is owned and operated by Brompton Bicycle Limited, a company registered in England and Wales under company number 1261512 with registered address at Unit 1, Ockham Drive, Greenford, London, UB6 0FD. In these Terms we use ‘Brompton’, ‘we’, ‘our’ and ‘us’ to refer to Brompton Bicycle Limited.
 

If There is a Problem with your Product

If you have any questions or complaints about your product, please contact our Customer Service Team through this webpage.
We are under a legal duty to supply products that are in conformity with these Terms, and are as described, fit for purpose and of satisfactory quality. Nothing in these Terms will affect your legal rights.
In certain circumstances you will have a legal right to reject a faulty product. If you are entitled to reject a product and you wish to exercise that right, you must either return the product in person to the Brompton store where you collected it (if applicable), send it back to us, or (if it is not suitable for sending) allow us to collect it from you. We will pay the costs of postage or collection. 

Warranty

All bicycles purchased through the Website are covered by a 2-year unlimited mileage warranty for the main frame components, commencing from the date of sale. This can be extended to 7-years by registering your new bicycle on the My Brompton section of the Website. Other non-wearing parts on your bicycle (crank arms, brake calipers, mudguards, etc.) are covered by a 2-year warranty. Full terms and conditions of the warranty are available here.
To make a claim under the warranty please contact your local authorised Brompton dealer. For help finding your closest dealer please follow this link or contact our Customer Service Team through this webpage.

Prohibited uses of the Website

In using the Website, you are prohibited from:
• any unlawful use or any use inconsistent with these Terms including acting fraudulently or maliciously – for example, any hacking into or inserting malicious code, such as viruses, or harmful data, into the Website, any service or operating system;
• infringing our intellectual property rights or those of any third party in relation to your use of the Website;
• transmitting any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Website;
• using the Website in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
• collecting or harvesting any information or data from any Website or our systems or attempting to decipher any transmissions to or from the servers running any Website.

Intellectual Property Rights

All intellectual property rights in the Website and any and all material published on or available via the Website (including but not limited to text, graphics, photos, logos, button icons, images, trade marks, audio and audio visual clips, databases, data compilations, documents, data and software) throughout the world belong to us (or our licensors) and the rights in the Website and any such material are licensed (not sold) to you subject to these Terms. You have no rights in, or to, the Website or the material published on or available via the Website other than the limited right of use in accordance with these Terms. For the avoidance of doubt you may not, without our prior written consent:
• copy, reproduce, use or otherwise deal with any content on the Website;
• modify, distribute or re-post any content on the Website for any purpose; or
• commercially exploit the content of the Website.

Computer Viruses

We will use reasonable endeavours to ensure that no part of the Website will contain or spread any viruses or other malicious code. However, we recommend that you ensure that computers/devices used to access the Website run up-to-date anti-virus software as a precaution.

Our Liability to You

These Terms are not intended to, and shall not , limit or exclude any liability that we are not permitted to limit or exclude under applicable law , including our liability for personal injury or death caused by our negligence, for fraud or fraudulent misrepresentation, or for our breach of applicable consumer laws or your statutory rights as a consumer.
We are only responsible for losses that are a foreseeable consequent of our breach of these Terms. We will not be liable to you to the extent we are prevented or delayed from complying with our obligations under these Terms by anything you (or anyone acting on your behalf) do or fail to do or due to evens which are beyond our reasonable control.
We only supply products for domestic and private use. We will not be liable for any losses related to any business of yours including (without limitation) lost data, lost profits, lost revenues or business interruption.

Law and Jurisdiction

These Terms, and any dispute or claim arising out of or in connection with these terms and conditions of Terms and/or your use of the Website , shall be governed by English law and subject to the exclusive jurisdiction of the courts of England and Wales.
As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions affects your rights as a consumer to rely on such mandatory provisions of local law.

Third Party Rights

Only you and Brompton shall be entitled to enforce these Terms. No other person shall be entitled to enforce any of these Terms, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise. However, we may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and will ensure that the transfer does not affect your rights under these Terms.

Ending your rights under these Terms

We may end your rights to use the Website if you break these Terms in a serious way. If you can put what you have done right, we may give you a reasonable opportunity to do so.
If we end your rights to use the Website you must stop all activities authorised by these Terms, including your use of the Website.

Online Dispute Resolution

Brompton currently does not participate in the alternative dispute resolution procedure accessible through the EU Online Dispute Resolution Website.

Changes to these Terms

We reserve the right to change and update these Terms from time to time, in order to reflect changes in law or best practice, changes in our business practices, or to deal with additional features of functionalities which we may introduce to the Website or products available via the Website.
We will notify you in advance of any material changes to these Terms via messaging on the Website. By continuing to use the Website after changes are notified and have come into effect, you are accepting those changes and will be bound by them. If you do not agree to any changes, you should immediately cease using the Website. However, the terms and conditions that apply to the contract for any purchase of our products shall be those that were in force at the time the contract was formed.