The following document explains your rights and obligations. Please read them carefully, if you are unsure of any point, issue or term, do not hesitate to contact us for clarification.
All, product specifications, prices, terms and conditions of trade are subject to change without notice. Without prejudice, these Terms and Conditions do not affect your statutory rights
PEDALS
Please note that pedals are not supplied with any of the bike packages on www.vinerbikes.com and must be purchased separately if required.
- “The Company”
- Means Viner UK Ltd, (reg in England & Wales reg' no 6392594) Address for correspondence 60 Station Road, Chingford, London, E4 7BEUK..
- “Customer”
- Means the person, body, firm, partnership, company, or other legal entity that requests or receives “Products and Services” from the “Company”
- “Agent”
- Means the person, body, firm, partnership, company, or other legal entity that has been appointed by the “Company” to supply and or recommend its “Products and Services”
- “Terms”
- Means the terms and conditions of supply and use of said “Products and Services”
- “Products and Services”
- The range of products and services offered for supply and sale by the “Company” which under the terms and conditions here within the “Customer” agrees to purchase. As publicised and marketed on its web site www.vinerbikes.com or any such media as the “Company” sees fit.
- “Point of Sale”
- Is the acceptance and clearing of full payment as requested as the total cost of sale, either verbally, by way or written or electronic invoice, or pro-forma invoice, or as detailed on the on-line sale cart of the Company’s web site www.vinerbikes.com
- “Credit terms”
- The supply of goods from the Company to the Customer, were payment in full from the Customer has not been received by the Company.
- “Delivery Point”
- the physical arrival of goods at the shipping address supplied to the “Company” by the “Customer” at or before the point of sale.
- “Transit of Goods”
- The period in which the goods are physically held by the appointed carrier, from the moment of despatch from the “Company” to arrival at the delivery address of the “Customer”.
Viner UK Ltd working days are from Monday to Friday, excluding weekends and UK and or Italian national or regional, bank or religious Holidays. Our factory in Italy is closed for two weeks at Christmas, one week at Easter and four weeks in August. Exact details of these closures will be published in advance at our web site www.vinerbikes.com. Any delivery schedules which are intersected by these periods of closure will automatically be extended by the period of the closure.
Account customers will have their supplementary terms and conditions of trade supplied at the point of account appointment.
Title of goods shall only pass to the Customer from The Company on meeting the conditions of Point of Sale. Full title and rights remain for said goods with The Company until paid for in full. The Customer is obliged to maintain clear identification and location of The Companies Goods and not to use, modify or change them in any way.
Any offer or discount offered to the Customer maybe withdrawn without notice by the Company if the customer fails to make payment in full under the terms of the offer. If the customer fails to pay the full offer or discounted price the Company reserves the right to charge the full current published retail price at any time before said discounted payment is reciveed in full (in the case of payment by cheque, the payment must have cleared the Companies bank account)
The Company reserves the right to collect any unpaid funds due from the Customers credit card, where the said Customer has provided credit card payment details as security against the provison of the Company to provide credit terms to the customer.
As and when the Customer and Company agree to appoint a third party delivery agent to effect delivery of all or part requested goods and services. The Customer shall have the option to select said delivery service(s) at or before the Point of Sale.
Despatch for consignment of all stock items will be carried out within 72 hrs of the Point of Sale.
Despatch for consignment of all stock items that require custom finish or specification will be carried out within 10 working days of the Point of Sale.
Despatch for consignment of all non stock items will be confirmed within 72 hours of the Point of Sale.
Despatch for consignment of all special orders and custom builds will be confirmed within 72 hours of the Point of Sale.
Any variation to these above despatch terms will be communicated to the customer with in 72 hours of the Point of Sale.
It is the obligation of the Customer to notify The Company in the case of non delivery. Said non delivery must be communicated to the Company by the Customer no later than 72 hours after the estimated delivery date. Failure to meet these conditions may lead to loss of the rights of the Customer to request re-delivery of a non delivered consignment.
The Customer is required to inspect all said goods at the point of delivery, for any damage or short falls in delivery contents, missing goods or otherwise. This must be carried out before signing for acceptance of delivery. If any damage is found the said damage must be;
- Noted in writing on the delivery documentation/receipt (physically written or imprinted as “Damaged” or “Goods Missing” as is appropriate) and communicated to the appointed third party carrier, or their appointed agent present at the point of delivery.
- Communicated to the Company within 24 hours of the said delivery point.
- Failure to meet the above conditions may waiver the Customers right to replacement or compensation for damage or missing goods.
The Company accepts communication from the Customer via the in-built functionality of its web site www.vinerbikes.com and by its published current contact details. The customer shall ensure that all details and information contained within all communication are correct; no liability for any error or inaccuracy shall lie with the company.
The Company will not alter the specification or conditions of supply as described on its web site www.vinerbikes.com without prior communication to the Customer. If any item is found to be out of stock, when showing as being in-stock on the web site www.vinerbikes.com the Customer will be advised immediately.
Viner UK Ltd will accept goods for return, either for refund or exchange, subject to the following terms;
- Goods must be returned and received by Viner UK Ltd within 14 days of purchase.
- Goods will only be accepted for return if they are unused and in the original condition when supplied. Goods must be returned with full packing, including any manuals and labelling .
- Refunds will be made via the payment method used for the original purchase.
- There is no charge for accepting and processing returns
- Viner bikes will not be liable for the cost of postage or carriage to return any goods to Viner UK Ltd.
- Viner UK Ltd can not accept for refund any custom built or custom painted frames or bikes.
On the rare occasion that the Company has to cancel the supply of requested products or services, it shall communicate to the Customer by return on its learning of said difficulty or in-ability to supply. Alternative goods or a full refund will be offered. No compensation can be claimed by the Customer against the Company’s failure to supply requested said goods or services for what ever reason.
All goods are supplied with full manufactures guarantee. All goods supplied are warranted against manufactures faults and defects. All warranty claims are subject to, but not excluded to, the following conditions;
- The said goods are used for purpose they are designed for.
- They are maintained, repaired and serviced as per the manufactures recommendations and service schedules, in the absence of the recommendations of the Company or a 3rd part independent expert’s guidelines.
- The said goods are not altered or adapted or physically modified by the Customer or any other 3rd party.
- The said goods are not used for a purpose they are not designed or fit for.
- No liability for failure or warranty can be accepted by the Company if these terms and conditions are not followed in full by the customer.
- Compatibility of goods is not guaranteed where modifications or alterations have been made by the Customer or the Manu factor. In such circumstances, and at its discretion, the Company will issue a replacement, refund or credit to the Customer.
- All guarantees and warranties are invalidated where goods supplied by the Company are used with 3rd party goods not supplied by the Company, where said 3rd party goods are technically non compatible with the original goods supplied by the Company.
- In the event of goods requiring return as they are suspected to be defective under the terms and conditions of supply and manufactures warranty, then it is the strict obligation of the Customer to ensure the safe return of the said goods to the Company. Said return and the associated costs of carriage for return are the responsibility of the Customer.
- On safe return of any defective goods the Company shall carry out an inspection to determine if the said fault or defect is covered for free replacement or repair under the terms of this agreement and the terms and conditions of warranty in force at the point of sale by the manufacture of the said goods.
- In the event of part or full disassembly of the customers’ bicycle to facilitate return of part of or complete bicycle, the client is wholly responsible for any labour costs to facilitate said disassembly. In the event that any service parts have to be replaced when the bicycle is reassembled (i.e. bar tape, chain, brake and gear cable sets etc...) the client is wholly responsible for any said service parts.
- Current guidelines and procedures for returns are published on the Company web site www.vinerbikes.com without prejudice, failure to follow said guidelines and procedures could result in the warranty claim not being accepted by the Company.
- The Company shall meet the cost of delivery and supplying any warranty replacement goods.
- The Company shall not be liable for any costs incurred by the Customer by passing said defective goods to a 3rd party for inspection and or control.
- Where the said Terms and Conditions of Trade have not been followed and or modifications or alterations and poor maintenance to goods have been made the company shall accept no liability for death or personal injury unless caused directly by its own negligence.
- Where goods are used for Competition then the customer should be aware that some manufactures warranties could be invalidated.
- Any faults or defects that have resulted from accident damage, however caused are not covered under any warranty.
- The company accepts no liability in respect of failure to supply or other interruptions caused by matters beyond its reasonable control, including strikes, lockouts, civil disputes, acts of God, war or actions by third parties.
- Notwithstanding any other provisions of this contract, nothing in this contract shall confer, nor is it intended to confer, a benefit on any third party (for the purposes of the Contract (Rights of Third Parties) Act 1999 or for any other purpose).
All Viner frames (not including forks) sold through its approved dealers or the web site www.vinerbikes.com shall benefit from the following extended guarantees valid from the point of sale.
- Five years for all Alloy/Steel and or Alloy/Steel frames combined with other materials such as carbon.
- Original Customers/Owners Limited Lifetime warranty on all 100% Carbon or Titanium Carbon frames. This is subject to the conditions of the Viner “Lifetime Warranty”
- Five years from the point of sale for all or Magnesium Carbon frames.
Any goods which are supplied as assembled parts of one or more products by the Company are provided on the assembled basis as being built. BEFORE they are put into use or used by the Customer they should be given a pre-use inspection and if required adjustment by a skilled and qualified mechanic. The Company does not warranty or cover any loss, damage, injury or sufferance incurred by the Customer or any third party in event of the failure of the customer to meet this and all the conditions of the terms and conditions of trade.
Any complaints should be addressed to the contact details published on the company’s web site www.vinerbikes.com
The Viner Bikes Web Site is comprised of various Web pages operated by Viner Bikes.
The Viner Bikes Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Viner Bikes Web Site constitutes your agreement to all such terms, conditions, and notices.
Viner Bikes reserves the right to change the terms, conditions, and notices under which the Viner Bikes Web Site is offered, including but not limited to the charges associated with the use of the Viner Bikes Web Site.
The Viner Bikes Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Viner Bikes and Viner Bikes is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Viner Bikes is not responsible for webcasting or any other form of transmission received from any Linked Site. Viner Bikes is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Viner Bikes of the site or any association with its operators.
As a condition of your use of the Viner Bikes Web Site, you warrant to Viner Bikes that you will not use the Viner Bikes Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Viner Bikes Web Site in any manner which could damage, disable, overburden, or impair the Viner Bikes Web Site or interfere with any other party's use and enjoyment of the Viner Bikes Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Viner Bikes Web Sites.
The Viner Bikes Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
Viner Bikes has no obligation to monitor the Communication Services. However, Viner Bikes reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Viner Bikes reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Viner Bikes reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Viner Bikes's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Viner Bikes does not control or endorse the content, messages or information found in any Communication Service and, therefore, Viner Bikes specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Viner Bikes spokespersons, and their views do not necessarily reflect those of Viner Bikes.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
Viner Bikes does not claim ownership of the materials you provide to Viner Bikes (including feedback and suggestions) or post, upload, input or submit to any Viner Bikes Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Viner Bikes, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Viner Bikes is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Viner Bikes's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Viner Bikes WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Viner Bikes AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Viner Bikes WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE Viner Bikes WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
Viner Bikes AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Viner Bikes WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Viner Bikes AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Viner Bikes AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Viner Bikes WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Viner Bikes WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Viner Bikes WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Viner Bikes WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Viner Bikes OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Viner Bikes WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Viner Bikes WEB SITE.
SERVICE CONTACT : admin@vinerbikes.com
Viner Bikes reserves the right, in its sole discretion, to terminate your access to the Viner Bikes Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the United Kingdom, you hereby consent to the exclusive jurisdiction and laws in force in the United Kingdom. In all disputes arising out of or relating to the use of the Viner Bikes Web Site. Use of the Viner Bikes Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Viner Bikes as a result of this agreement or use of the Viner Bikes Web Site. Viner Bikes's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Viner Bikes's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Viner Bikes Web Site or information provided to or gathered by Viner Bikes with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Viner Bikes with respect to the Viner Bikes Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Viner Bikes with respect to the Viner Bikes Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
All contents of the Viner Bikes Web Site are: Copyright 2000-2008 Viner Bikes and/or its suppliers. All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
