Please read the following important terms and conditions before you buy anything on our website and check that they contain everything you want and nothing that you are not willing to agree to.
If you are buying a Product from our Used and Approved Range, this will affect how your statutory rights apply to that Product. This is explained at Conditions 6, 10.1 and 14, below. The guarantees that we offer on Products from our Used and Approved Range are different to the guarantees that we offer on Products that are not in our Used and Approved Range. Conditions 10.2, 10.3, 10.4 and 10.5 provides details of the guarantees that we offer and - where applicable – explain how these guarantees are affected by the Product being a Used and Approved Product..
These Conditions set out:
- your legal rights and responsibilities;
- our legal rights and responsibilities; and
- certain key information required by law.
Definitions
1.1 In these Conditions, references to:
- “Conditions” means these terms and conditions;
- “Contract” means any contract for the sale and purchase of Products from us to you in accordance with these Conditions;
- “Custom Fit Products” means any Products which, by their nature and design, must be tailored and adjusted to your specific requirements;
- “Delivery Address” means the address for delivery of the Products within the United Kingdom provided by you during the order process or as subsequently agreed between you and us in writing;
- “Email Confirmation” means written confirmation of our acceptance of your order provided by us to you via email;
- “Finance” means the process by which you pay for the Products by entering into a credit agreement with the Finance Company;
- “Finance Company” means a third party which enters into a credit agreement with you in order to provide credit to you to purchase the Products;
- “Gear” means Products that are not bicycles or e bicycles;
- “Giant Distributor” means any of the distributors whose details can be found on www.giant-bicycles.com/gb. You can contact us for their details, using the details that appear at Condition 2.5;
- “Products” means all products supplied by us to you under the Contract;
- “Recharge” where the battery is charged by an amount equal to or more than 50% of the battery capacity, this is one Recharge.
- where the battery is charged by an amount less than 50% of the battery capacity, this is half a Recharge
- “Site” means our website which may be found at www.thecyclingstore.co.uk
- “Used and Approved Product” means a Product that is included in the ‘Used and Approved’ section of the Site.
- “We”, “us”, “our” means Giant U.K. Limited, as further identified in Condition 2;
- “Working Day” means a day which is not a Saturday, Sunday or public holiday in England; and
- “You”, “Your” means the person using our Site to buy Products from us.
Who we are and how to contact us
2.1 We are Giant U.K. Limited, trading as “The Cycling Store”.
2.2 We are a private limited company, incorporated and registered in England and Wales under company number 2167762.
2.3 Our principal place of business and registered office address is at Charnwood Edge Business Park, Syston Road, Cossington, Leicestershire, LE7 4UZ.
2.4 Our VAT number is GB450137481.
2.5 If you have any questions about your order, please contact Giant Tugby, using the contact details that are set out at condition 2.6 If you would like to contact us for any reason, you can do so:
2.5.1 by telephone on 0808 175 1352 (our phonelines are open between the hours of 9:00 am and 05:00 pm on any Working Day);
2.5.2 by email to ridersupport@giant-bicycles.co.uk; or
2.5.3 by filling out and submitting our online contact form which may be found at https://www.giant-bicycles.com/gb/contact.
2.6 If you have any questions about your order, please contact the Giant Tugby store:
2.6.1 by telephone on 0116 303 2435. The phonelines are open between 9:00am and 5:00pm Tuesday to Saturday and between 10am and 4pm on Sundays (excluding public holidays in England). Their phonelines are closed on Mondays; or
2.6.2 by email to
info@giant-tugby.co.uk.
3. What are these Conditions and to whom do they apply?
3.1 If you buy Products on our Site you agree to be legally bound by these Conditions.
3.2 These Conditions apply only if you are buying Products on our Site as a consumer (i.e. for purposes outside of your business, craft or profession).
4. Information we give you
4.1 Under English law (namely the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013), we are required to give you certain key information before a legally binding contract between you and us is made.
4.2 All of this key information is contained either in these Conditions, within the relevant product description on our Site (including the Product Characteristics where the Product is a Used and Approved Product – we say more about that at Condition 6) and/or on our
Delivery page (for any delivery charges applicable to your order).
4.3 The key information we give you by law forms part of our Contract with you (as though it is set out in full here).
4.4 If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.
5. Your privacy and personal information
5.1 Our “Privacy Notice” is available
here.
5.2 Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Notice, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.
6. Used and Approved Product Range
6.1 If a Product is part of our Used and Approved Product range, it will have certain characteristics that mean that we do not consider it appropriate to be sold as a ‘new’. Those characteristics are described in the “Product Characteristics” section for the relevant Used and Approved Product.
6.2 You should carefully review the Product Characteristics section (including any photographs included in that section) for any Used and Approved Product that you are considering buying.
6.3 Whilst the Product Characteristics do not affect the existence of your ‘statutory rights’ (which you can read more about at Conditions 10 and 14), the Product Characteristics will affect how those statutory rights apply to the Product. For example, if the Product Characteristics include a scratch to paintwork, you will not be able to exercise your statutory rights because of that scratched paintwork.
6.4 This does not affect your ability to cancel the Contract, in accordance with Condition 11.
7. Ordering Products from us
7.1 Below, we set out how a legally binding contract between you and us is made.
7.2 You place an order on the Site by adding the Products you wish to buy to your basket and following the online process for payment. Please read and check your order carefully before submitting it. You will be able to correct any errors before submitting your order to us.
7.3 When you place your order at the end of the online checkout process by clicking “Confirm”, we will acknowledge it by email. This initial acknowledgement does not, however, mean that your order has been accepted by us.
7.4 We may contact you to say that we do not accept your order. This is typically for the following reasons:
7.4.1 the Products are unavailable;
7.4.2 we cannot authorise your payment;
7.4.3 we suspect you of committing fraud; or
7.4.4 there has been a mistake on the pricing or description of the Products.
7.5 We will only accept your order when we send you an Email Confirmation, confirming that we have the Products in stock. At the point that we send the Email Confirmation:
7.5.1 a legally binding contract will be in place between you and us and that Contract shall include these Conditions; and
7.5.2 we will take steps to dispatch the Products to the Delivery Address.
8. Packaging and Delivery of the Products
8.1 The packaging of the Products will be at our discretion and may be different from that shown on our Site. We shall have the right to pack the Products in such manner and quantities as we think fit and we shall not be obliged to comply with any packaging requests or instructions received from you.
8.2 Delivery of the Products is free of charge on all orders over £50. A £5 delivery charge will apply on all other orders i.e. orders that are less than £50.
8.3 If your order is for Gear, your order will normally be dispatched within one Working Day from the date that we send you an Email Confirmation.
8.4 If your order is for a Used and Approved Product, your order will normally be dispatched within one Working Day from the date that we send you an Email Confirmation.
8.5 If your order is for a bicycle or e bicycle that is not a Used and Approved Product, your order will normally be dispatched within 5 Working Days from the date on that we send you an Email Confirmation.
8.6 A Product that is a bicycle or an e bicycle may require building. If that is the case, the Product will be delivered to you, built, with the exception that you will need to fit the pedals and adjust the handlebar and saddle. We will send you the tools required to adjust the handlebar.
8.7 If you need assistance with this, please contact Giant Tugby, using the contact details given at Condition 2.6. Please note that all advice and assistance will take place over the phone – a technician will not be sent out to you.
9. Risk in and ownership of the Products
9.1 You will be responsible for the Products once they have been delivered to the Delivery Address. In other words, the risk in the Products passes to you when you take, or a third party on your behalf takes, possession of the Products.
9.2 Unless you have purchased the Products through Finance, you will become owner of the Products once the Products have been delivered to the Delivery Address and you (or a third party on your behalf) has taken delivery of the Products.
In other words, the title in the Products passes to you when you take, or a third party takes on your behalf, possession of the Products. Where you have purchased the Products through Finance, the position may be different, as explained at Condition 9.3.
9.3 If you have purchased the Products through Finance, your agreement with the Finance Company may include terms that mean that you do not own the Products. For example, the agreement may that the Finance Company will own the Products, rather than you. If you have any questions regarding Finance, you should contact the Finance Company.
10. Nature and quality of the Products
10.1 The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’). The Products that we provide to you must be as described, fit for purpose and of satisfactory quality. We say more about this at Condition 14, below but would remind you about what we say at Condition 6, about how the Product Characteristics will affect how the statutory rights apply to the Used and Approved Products.
10.2 In addition to your statutory rights, all Products are supplied with the benefit of the following guarantees made directly from us to you, effective from the date that you purchase the Products:
10.2.1 bicycle frames (excluding bicycles intended for downhill use) are guaranteed to be free from defects in materials and workmanship (other than any defects described in the Product Characteristics for a Used and Approved Product) for the life time of the product;
10.2.2 rigid forks are guaranteed to be free from defects in materials and workmanship (other than any defects described in the Product Characteristics) for a Used and Approved Product) for a period of ten years;
10.2.3 bicycle frames intended for downhill use are guaranteed to be free from defects in materials and workmanship (other than any defects described in the Product Characteristics for a Used and Approved Product) for a period of three years;
10.2.4 electronic e-bike components (other than batteries) are guaranteed to be free from defects in materials and workmanship (other than any defects described in the Product Characteristics for a Used and Approved Product) for a period of two years;
10.2.5 e-bike batteries are guaranteed to be free from defects in materials and workmanship (other than any defects described in the Product Characteristics for a Used and Approved Product) for whichever of the following is the shorter period of time:
10.2.5.1 a period of two years; or
10.2.5.2 the period to the battery’s 600th Recharge;
10.2.6 pedals, grips, bar tape and saddles are guaranteed to be free from defects in materials and workmanship (other than any defects described in the Product Characteristics for a Used and Approved Product) for a period of two years;
10.2.7 components and parts are guaranteed to be free from defects in materials and workmanship (other than any defects described in the Product Characteristics for a Used and Approved Product) for a period of either one or two years (please contact us or Giant Tugby for details, using the contact details at Condition 2 ); and
10.2.8 paint and decals are guaranteed to be free from defects in materials and workmanship (other than any defects described in the Product Characteristics for a Used and Approved Product) for a period of one year.
10.3 Any 3rd party components or parts (meaning components or parts which are not Giant own brand components or parts), will be covered by any guarantee of the original manufacturer. If the original manufacturer does not provide a guarantee, we guarantee that the 3rd party component or part will be free from defects (other than any defects described in the Product Characteristics for a Used and Approved Product) in materials and workmanship for a period of one year. If you require details, whether to make a claim under the guarantee or otherwise, you can contact us or Giant Tugby using the contact details at Condition 2.
10.4 If the Product is an e bike that is eligible for our extended warranty and you have registered that Product at https://www.giant-bicycles.com/gb/registration within 30 days of purchase, you will also have the benefit of our extended warranty for the battery for that e bike. Details of that extended warranty can be found by following this link.
10.5 If you transfer ownership in the Products (for instance, by sale or gift) to another consumer (i.e. for use outside of their business, trade or profession), so long as you transfer ownership within the original guarantee period and registered the Products when you purchased them via our Site, the benefit of the following guarantees will apply to the Products, effective from the date of delivery to the second owner, which may be claimed directly by the second owner:
10.5.1 bicycle frames (excluding bicycles intended for downhill use) are guaranteed against defective quality of materials or manufacture (other than any defects described in the Product Characteristics for a Used and Approved Product) for a period of two years; and
10.5.2 rigid forks are guaranteed against defective quality of materials or manufacture (other than any defects described in the Product Characteristics for a Used and Approved Product) for a period of two years or (if a shorter period than two years) for the remaining time of the ten year period referred to at Condition 10.2.2.
None of the guarantees listed at Condition 10.2 or Condition 10.3 will apply to any Product that you transfer ownership in. Furthermore, the extended warranty referred to at Condition 10.4 will not apply to any Product that you transfer ownership in.
10.6 We are under a legal duty to supply you with Products that are in conformity with the Contract.
10.7 While we try to make sure that:
10.7.1 all weights, sizes and measurements set out on the Site are as accurate as possible, there may be a small tolerance in such weights, sizes and measurements; and
10.7.2 the colours of our Products are displayed accurately on our Site, the actual colours that you see on your device may vary depending on the device that you use.
10.8 We shall not be responsible for any promises or claims concerning the Products which are not made by us, our employees or our agents.
11. Right to cancel
11.1 Except where the circumstances set out at Condition 11.3 apply, you have the right to cancel this Contract within 14 days, (“Cancellation Period") without giving any reasons.
11.2 The Cancellation Period will expire after 14 days from the day on which the Products are delivered to your Delivery Address.
11.3 Subject to what we say in the rest of this Condition 11.3, the right to cancel this Contract set out in Condition 11.1 does not apply if the Products are Custom Fit Products. This is because Custom Fit Products are made to your specification, or they are personalised for you. However, you are still able to cancel this Contract if a Product is a Custom Fit Product only because it includes (or is) an integrated seat post and, at the time that you cancel the Contract (which must be within the Cancellation Period), no customisation (such as cutting of the seat post) has taken place and no customisation takes place after you cancel the Contract.
11.4 To exercise your right to cancel, you must inform us of your decision to cancel this Contract by a clear statement, for example:
11.4.1 letter sent by post or email using these contact details:
11.4.1.1 post: Giant. U.K. Limited, Charnwood Edge Business Park, Syston Rd, Leicester LE7 4UZ,
11.4.1.2 email: servicecentre@giant-bicycles.co.uk ; or
11.4.2 by telephoning us on 0808 175 1352.
11.5 You may also use the model cancellation from appearing at the end of these Conditions, but it is not obligatory. You can follow this link, to that form.
11.6 To cancel this Contract during the Cancellation Period, it will be sufficient for you to send your communication concerning your exercise of the right to cancel before the Cancellation Period has expired.
12. Effects of cancellation
12.1 If you cancel this Contract, we will (subject to the remainder of this Condition 12 and in particular Condition 12.8) reimburse to you all payments received from you, including 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).
12.2 We may make a deduction from the reimbursement for loss in value of any Products supplied, if the loss is the result of unnecessary handling by you. You are only liable for any diminished value of the Products resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Products. The same applies if you unnecessarily removed the Products’ original packaging.
12.3 We will make the reimbursement without undue delay, and not later than:
12.3.1 14 days after the day we received back from you any Products supplied; or
12.3.2 (if earlier) 14 days after the day you provide evidence that you have returned the Products; or
12.3.3 if there were no Products supplied, 14 days after the day on which we are informed about your decision to cancel this Contract.
12.4 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
12.5 We may withhold reimbursement until we have received the Products back or you have supplied evidence of having sent back the Products, whichever is the earliest.
12.6 If you have received Products you must either:
12.6.1 return the Products (or arrange for the Products to be returned) at your expense to us or to any Giant Distributor store, a list of which may be found
here and in either case without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of this Contract to us. The deadline is met if you return the Products before the period of 14 days has expired;
or
12.6.2 request for us to collect the Products from you by contacting Giant Tugby using the contact details appearing at Condition 2.6. Either we or Giant Tugby will contact you to arrange a date for such collection which shall not be more than 14 days after you contact Giant Tugby unless we agree otherwise. We will be entitled to charge you for the direct cost of such collection or deduct the direct cost of the collection from your refund. The direct cost of collection is estimated at a maximum amount of approximately £30.
12.7 Whether you return the Products or whether we collect them, the Products must be in their original packaging, where possible. If it was necessary for you to remove the original packaging to inspect the Products, you must ensure that the Products are adequately packaged so as to prevent any damage during their return. If it is not possible to repackage the Products in their original packaging (either because the original packaging has been damaged or because the original packaging has not been retained), we will supply you with replacement packaging but we will be entitled to charge you for that replacement packaging or deduct it from your refund. The cost of replacement packaging is £50.
12.8 If you fail to return the Products to us in accordance with Condition 12.6.1, or you return the Products to us at our expense under Condition 12.6.2, we shall be entitled (where appropriate) to make our own arrangements for collection of the Products and/or either deduct the direct costs of collection or return from any refund due to you under Condition 12.1 or recover such costs from you as a debt from you to us.
13. Price and payment
13.1 The price of the Products shall be the price displayed on our Site at the time that you place your order.
13.2 In the event that we discover a genuine error in the price of the Products as displayed on our Site, your order shall be cancelled, and we shall notify you of such cancellation. Where you have already made payment for the Products this shall be refunded to you in full. Where Products have been ordered by Finance, your original order will be cancelled and any payment already made by you will be refunded directly by the Finance Company. To purchase the Products, you will need to place a new order with us using the order process set out in Condition 7.
13.3 All prices are in pounds sterling (£)(GBP) and include VAT at the applicable rate, but exclude any delivery charges, which shall be charged separately at the rates displayed on our Site at the time of purchase. For information on delivery options and costs, visit our
Delivery page.
13.4 Payment for the Products (and for delivery charges if applicable) shall be due at the time your order is placed. If we do not receive your payment for the Products and any delivery charges at this time, we shall be entitled to cancel your order by notifying you in writing.
13.5 We accept the following methods of payment for all Products:
13.5.1 credit cards and debit cards (specifically Mastercard, Visa and American Express);
13.5.2 PayPal (in which case, PayPal’s own terms and conditions would also apply (which may be found
here);
13.5.3 Finance (in which case the terms of your agreement with the Finance Company would also apply); and
13.5.4 Klarna (in which case, Klarna’s own terms and conditions would also apply (which may be found
here), but
we do not accept cash or cheques.
13.6 We will do all that we reasonably can to ensure that all of the information you give us when paying for the Products is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this Contract or our Privacy Notice (see Condition 5) or breach by us of our duties under applicable laws, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
13.7 All payments by credit card or debit card need to be authorised by the relevant card issuer. We may also need to use extra security steps via:
13.7.1 Verified by Visa;
13.7.2 Mastercard®SecureCodeTM; or
13.7.3 American Express SafeKey.
13.8 If your payment is not received by us and you have already received the Products, you must:
13.8.1 pay for such Products as soon as possible and in any case within seven days; or
13.8.2 return the Products to us as soon as possible and in any case within seven days, as set out in Condition 12.6.1. If so, you must keep the Products in your possession, take reasonable care of them (including ensuring that you follow any instructions or manuals given with the Products) and not use them before you return them to us.
13.9 If you do not pay for the Products and fail to return them in accordance with Condition 13.8, we may collect the Products from you at your expense. We will try to contact you to let you know if we intend to do this.
13.10 Nothing in this Condition 13 affects your legal rights to cancel the Contract during the relevant Cancellation Period as set out in Condition 11.
14. Faulty Products and complaints
14.1 Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’) are set out below. They are a summary of some of your key rights. For more detailed information on your rights and what you should expect from us, please:
14.1.1 contact us using the contact details set out in Condition 2.5; or
14.1.2 visit the Citizens Advice website which may be found at www.citizensadvice.org.uk or call them on 0808 223 1133.
14.2 Nothing in this Contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). However, as explained at Condition 6, the Product Characteristics will affect how those statutory rights apply to a Product if it is a Used and Approved Product. You may also have other rights in law. A summary of these is as follows:
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after receiving your Products, in most cases, you can change your mind and get a full refund.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your Product you’re entitled to the following:
up to 30 days: if your Products are faulty, you are entitled to a refund;
up to six months: if your faulty Products can't be repaired or replaced, then you are entitled to a full refund in most cases;
up to six years: if the Products do not last for a reasonable length of time, you may be entitled to some money back.
The information in this summary box summarises some of your key rights. It is not intended to replace the terms of the Contract.
14.3 In addition to your statutory rights set out above, we provide the guarantees set out in Condition 10. If your Products do not comply with these guarantees, we will, as long as the steps in Condition 14.4 are complied with, offer you a repair, replacement or refund (at our option and as appropriate).
14.4 To make a claim that the Products do not comply with the guarantees at Condition 10 or your statutory rights, we ask that:
14.4.1 you examine the Products as soon as reasonably possible after delivery (as appropriate);
14.4.2 you tell us about any fault or damage as soon as reasonably possible (and not more than 30 days after delivery, if you believe that the defect was present on delivery) using the contact details set out in Condition 2.5;
14.4.3 you give a Giant Distributor a reasonable opportunity to inspect the Products in the same condition as they were after discovery of the defect and return the Products to the premises of the Giant Distributor, at your cost. The reasonable cost of packaging and carriage of Products returned by you will be reimbursed by us if the Products are found to not comply with your statutory rights or the guarantees given at Condition 10 – please ensure you keep your receipt showing the costs that you have incurred as we may ask that you show this to us.
14.5 If you have a valid claim for defective Products under Condition 10 and have complied with the requirements in Condition 14.4, we shall (at our option):
14.5.1 replace the defective Products (or the part in question) at our cost; or
14.5.2 refund to you the price of the Products (or a proportionate part of the price of the Products, as appropriate).
14.6 If you have a valid claim under your statutory rights, we will comply with our statutory obligations. As explained at Condition 6, the Product Characteristics will affect how those statutory rights apply to a Product, if the Product is a Used and Approved Product.
15. Limitation on our liability
15.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury caused by our negligence) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
15.1.1 losses that were not foreseeable to you and us when the Contract was formed;
15.1.2 losses that were not caused by any breach on our part;
15.1.3 business losses; or
15.1.4 losses to non-consumers.
16. End of the Contract
If this Contract is ended it will not affect our right to receive any money which you owe to us under this Contract.
17. Third party rights
No one other than a party to this Contract has any right to enforce any term of this Contract. However, we offer subsequent owners of the Products a subsequent guarantee as set out in Condition 10.5.
18. Disputes
18.1 We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the Products you ordered, our service to you or any other matter, please contact us as soon as possible using the online form which may be found
here or the contact details set out in Condition 2.5.
18.2 If you are unhappy with the outcome, you may want to use alternative dispute resolution (“ADR”). ADR is a process for resolving disputes between you and us that does not involve going to court.
18.3 If you do not wish to use ADR or are unhappy with the outcome of ADR, you can still bring court proceedings.
18.4 The laws of England and Wales apply to this Contract, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.
18.5 Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.
Model Cancellation Form
To Giant. U.K. Limited, Charnwood Edge Business Park, Syston Rd, Leicester LE7 4UZ, 0808 175 1352, servicecentre@giant-bicycles.co.uk
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract for the sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
[*] Delete as appropriate