Website Terms of Use

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 conditions, 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 trademarks 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-licensable 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. Making A Purchase

To purchase products from the Website you must be 18 years of age or older and a resident of the United States of America. To make a purchase simply browse through the products featured on the Website and click on the items that you wish to buy to add them to your shopping basket.  Please note that all bicycles listed for sale on the Website are manufactured to US legal and regulatory requirements and are intended for use in the US only.  If you intend to use a bicycle purchased from the Website in a territory other than the US please ensure you comply with any local requirements, which may differ to those in the US.
Due to the limited availability of our products, we restrict the number of bicycles you can purchase from the Website to two per customer and/or per delivery address in any six-month period.  From time to time, we may place further restrictions on the number of Special Edition products that you can purchase.  Any such restrictions will be stated on the relevant product page. Any orders that exceed these limits will be cancelled and refunded. After you have finished shopping, click on ‘Checkout Now’ and you will be asked to log in or create a personal account before providing additional details that we need to satisfy your order.
Once your order has been received, we will issue you with an order number by email.  This order number is supplied for reference purposes only and does not constitute our acceptance of your order. Your order is an offer by you to purchase the product(s) ordered from us.  Our acceptance of your order will take place only when we dispatch the products that you ordered from us and our acceptance will only relate to the products dispatched and not any other products included in your order.  We may refuse to accept or fulfil any order in our absolute discretion.  If payment is taken before products are dispatched and the order is subsequently not accepted in full, the payment will be refunded for any elements of the order that are not accepted. Please note that refunds will not cover any fees that may be imposed by your bank or finance provider.

 

4. Delivery of Products

Products featured on the Website may be available for delivery by click and collect and/or delivery direct to home.  Please refer to the relevant product pages for details of which delivery option is available for your chosen product. The delivery times shown on the Website assume that a product is in stock. If we do not have a product that you ordered in stock, we will let you know as soon as possible and provide an estimated date on which the product will be dispatched. If you do not accept the revised dispatch date, you will be entitled to cancel your order and receive a refund.

 

5. Delivery by Click and Collect

When selecting a product to purchase, you will be asked to select your preferred store for collection. Your chosen store will notify you directly once your product is ready to collect.  Your product will be held for collection for 15 (fifteen) days.  If you have not collected your product within this time, we will attempt to contact you for further instructions and may charge you for reasonable storage costs and (if applicable) any subsequent delivery costs. If, despite our reasonable efforts, we are unable to contact you or rearrange the collection or a delivery we will have the right (but not the obligation) to cancel your order and refund to you the price paid less any losses and/or reasonable costs that we have incurred in relation your failure to collect the product. Please note that you will be required to provide your order number and proof of identify upon collection. Once you have collected your product, risk in that product passes to you and you are responsible for its security. For more information about click and collect please click here.

 

6. Delivery of Products Direct to Home

We only deliver products to addresses within the lower 48 Contiguous United States. We are not able to deliver orders to mail forwarding, mail hotel or P.O. Box addresses. Delivery of products direct to home will be made to the delivery address supplied by you (provided this address complies with the conditions above) at the time of ordering, using the delivery method selected by you. Once we have delivered any product to you, risk in that product passes to you and you are responsible for its security.
Please note that some components of our bicycles are removed for safety reasons prior to shipment and must be fitted by you when you receive your product direct to home.  Written information on how to fit these components, along with the tools required, are included with your bicycle.  Further information can be found here.  If you have any questions or require any assistance with this, please contact our Customer Service Team through this webpage.

 

7. Your Right to Cancel an Order

At Brompton we want you to be completely satisfied every time you shop with us.  If for any reason you are unhappy with any non-custom product you have purchased, or you change your mind and wish to return the non-custom product to us just let us know by contacting our Customer Service Team through this webpage or by completing the cancellation form accessed by clicking here.
You must do this by no later than 14 days after the day on which you receive the relevant product.  Once you have notified us that you wish to return a product, you must return that product to us in its original condition within 14 days.  All products collected by you via Click and Collect must be returned to the store from where they were collected. All products delivered to you must be returned to our Junction store, details of which will be provided to you. You are responsible for the cost of returning the product to us.  Please note that any product you return is your responsibility until it reaches our Junction store (for product delivered direct to home) or the store from where it was collected (for products delivered via click and collect).  We therefore recommend that you send your product back to us using a delivery service that insures you for the value of the products. 
If you cancel an order and return a product as described above, we will issue a full refund for the price paid for the product in question not including any additional amount you paid for delivery over the standard delivery cost, and less any deduction which we may lawfully make for damage or other loss of value to the product resulting from excessive handling or use of the product prior to its return to us. Please note that, unless faulty, products which have been custom made to your specification through the Build a Brompton function on the Website cannot be returned.

 

8. 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.

 

9. Availability

9.1 The Products shown on this website are a fair representation of the actual terms, although minor details may vary.
9.2 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.

 

10. Delivery Information

10.1 See the separate Delivery Information, in the page footer or by clicking here.

 

11. Risk and Title

11.1 The Products will be at your risk from the time of signed delivery.
11.2 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.

12. Price and Payment

12.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
12.2 These prices exclude tax and delivery costs, which will be added to the total amount due as set out in clause 3.
12.3 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.
12.4 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.
12.5 Payment for all Products must be by 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.
12.6 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 are sufficient funds to cover the cost of the goods or services ordered.

 

13. 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.

 

14. 3rd 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.

 

15. Changes to These Terms

15.1 We have the right to revise and amend these terms and conditions from time to time.
15.2 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).

 

16. 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.

17. 100-Mile Service

We encourage all our customers to seek a first service of their bicycles after 1 month or once they have done 100 miles (whichever comes first). Please contact your local authorised dealer for more information. For help finding your closest dealer please follow this link or contact our Customer Service Team through this webpage.