Terms & Conditions

www.jakesbikes.co.uk and www.bristolbiycles.co.uk (“This website” or “this site”) are owned and operated by Jake’s Bikes Limited (collectively “We”, “Us” or “Our”). Bristol Bicycles is a trading name of Jake’s Bikes Limited.

Jake’s Bikes Limited is a limited company registered in England with company number 07449533. Our registered address is:

6A Haymarket Walk, Bristol BS1 3LN Phone: 0117 329 7363 Email: [email protected]

Our VAT number is 113036076.

We are members of The Association of Cycle Traders and the Bicycle Association.

1. Privacy Notice

1.1. Background

Bristol Bicycles understands that your privacy is important to you and that you care about how your personal data is used. We respect and value the privacy of all of our customers and will only collect and use personal data in ways that are described here, and in a way that is consistent with our obligations and your rights under the law.

Data Protection Officer: Mr. J. Voelcker

1.2. What Does This Notice Cover?

This Privacy Information explains how we use your personal data: how it is collected, how it is held, and how it is processed. It also explains your rights under the law relating to your personal data.

1.3. What is Personal Data?

Personal data is defined by the General Data Protection Regulation (EU Regulation 2016/679) (the “GDPR”) as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’.

Personal data is, in simpler terms, any information about you that enables you to be identified. Personal data covers obvious information such as your name and contact details, but it also covers less obvious information such as identification numbers, electronic location data, and other online identifiers.

The personal data that we use is set out in Part 5, below.

1.4. What Are My Rights?

Under the GDPR, you have the following rights, which we will always work to uphold:

a) The right to be informed about our collection and use of your personal data. This Privacy Notice should tell you everything you need to know, but you can always contact us to find out more or to ask any questions using the details above.

b) The right to access the personal data we hold about you. Part 1.10 will tell you how to do this.

c) The right to have your personal data rectified if any of your personal data held by us is inaccurate or incomplete. Please contact us using the details above to find out more.

d) The right to be forgotten, i.e. the right to ask us to delete or otherwise dispose of any of your personal data that we have. Please contact us using the details above to find out more.

e) The right to restrict (i.e. prevent) the processing of your personal data.

f) The right to object to us using your personal data for a particular purpose or purposes.

g) The right to data portability. This means that, if you have provided personal data to us directly, and if we are using it with your consent or for the performance of a contract, and if that data is processed using automated means, you can ask us for a copy of that personal data to re-use with another service or business.

h) Rights relating to automated decision-making and profiling: we do not use your personal data in this way.

For more information about our use of your personal data or exercising your rights as outlined above, please contact us using the details above.

Further information about your rights can also be obtained from the Information Commissioner’s Office or your local Citizens Advice Bureau.

If you have any cause for complaint about our use of your personal data, you have the right to lodge a complaint with the Information Commissioner’s Office.

1.5. What Personal Data Do You Collect?

We may collect some or all of the following personal data (this may vary according to your relationship with us):

  • Name;
  • Address;
  • Email address;
  • Telephone number;
  • Business name;
  • Job title;
  • Profession;
  • Payment information;
  • Information about your preferences and interests;
  • Information about how and where you first heard about us;
  • Information about your bikes and cycling equipment;
  • Our web server also uses information about your web browser and internet connection to display our website properly on your device, and to detect and monitor any suspicious or malicious activity.

The personal data of some customers is obtained from the following third parties:

  • Bristol City Council: where we service bikes on behalf of the council.
  • Divido Retail Finance and/or Shawbrook Bank: where you apply for finance payment on instalments to purchase a product or service from us.
  • PayPal: where you use this method of payment.

1.6. How Do You Use My Personal Data?

Under the GDPR, we must always have a lawful basis for using personal data. This may be because the data is necessary for our performance of a contract with you, because you have consented to our use of your personal data, or because it is in our legitimate business interests to use it. Your personal data may be used for one of the following purposes:

  • Providing and managing your account.
  • Supplying our products and/or services to you. Your personal details are required in order for us to enter into a contract with you.
  • Personalising and tailoring our products and/or services for you.
  • Communicating with you. This may include responding to emails or calls from you.
  • Supplying you with information by email and/or post and/or phone that you have opted-in to (you may unsubscribe or opt-out at any time by visiting our website, sending us an email to the address above, or phoning us on the number above, or sending us a letter to the address above.

With your permission and/or where permitted by law, we may also use your personal data for marketing purposes, which may include contacting you by email, telephone, text message or post with information, news, and offers on our products and services. You will not be sent any unlawful marketing or spam. We will always work to fully protect your rights and comply with our obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and you will always have the opportunity to opt-out.

1.7. How Long Will You Keep My Personal Data?

We will not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected. Your personal data will therefore be kept for the following periods (or, where there is no fixed period, the following factors will be used to determine how long it is kept):

  • Data relating to the purchase of any products or services is retained for 7 years from the date of collection, to meet with our obligations to retain financial records for this period, and for the fulfilment of any consumer rights or warranty claims.
  • Data relating to marketing, promotions, enquiries received from you, and general information is retained for 7 years, or until you unsubscribe from the relevant channel or ask us to delete it.

1.8. How and Where Do You Store or Transfer My Personal Data?

We may store or transfer some or all of your personal data in countries that are not part of the European Economic Area (the “EEA” consists of all EU member states, plus Norway, Iceland, and Liechtenstein). These are known as “third countries” and may not have data protection laws that are as strong as those in the UK and/or the EEA. This means that we will take additional steps in order to ensure that your personal data is treated just as safely and securely as it would be within the UK and under the GDPR as follows.

We use specific contracts with external third parties that are approved by the European Commission for the transfer of personal data to third countries. These contracts ensure the same levels of personal data protection that would apply under the GDPR. More information is available from the European Commission.

Where we transfer your data to a third party based in the US, this may be protected if they are part of the EU-US Privacy Shield. This requires that third party to provide data protection to standards similar levels of data protection to those in Europe. More information is available from the European Commission.

Please contact us using the details below in Part 11 for further information about the particular data protection mechanism used by us when transferring your personal data to a third country.

1.9. Do You Share My Personal Data?

We may sometimes contract with the following third parties to supply products and/or services to you on our behalf. These may include payment processing, delivery, marketing and website analytics. In some cases, those third parties may require access to some or all of your personal data that we hold.

  • Payment processors such as GlobalPayments, Paypal, Divido Retail Finance, Shawbrook Bank and others for processing card payments, online payments and retail finance services.
  • Cycle to Work providers such as Green Commute Initiative, CycleScheme and others when you apply to purchase a bike with your employer.
  • Banks such as HSBC, Triodos and others if we make a bank payment to you.
  • Councils and government departments such as Bristol City Council and others if we are servicing bikes they have loaned to you.
  • Universities, colleges and other institutions such as the University of the West of England (UWE) if we are servicing bikes they have loaned to you.
  • Couriers such as Velocious cycle courier, Priority Express and the APC parcel network to deliver bikes and parcels to you.

If any of your personal data is required by a third party, as described above, we will take steps to ensure that your personal data is handled safely, securely, and in accordance with your rights, our obligations, and the third party’s obligations under the law, as described above in Part 1.8.

If any personal data is transferred outside of the EEA, we will take suitable steps in order to ensure that your personal data is treated just as safely and securely as it would be within the UK and under the GDPR, as explained above in Part 1.8.

In some limited circumstances, we may be legally required to share certain personal data, which might include yours, if we are involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority.

1.10. How Can I Access My Personal Data?

If you want to know what personal data we have about you, you can ask us for details of that personal data and for a copy of it (where any such personal data is held). This is known as a “subject access request”.

All subject access requests should be made in writing and sent to the email or postal address above.

There is not normally any charge for a subject access request. If your request is ‘manifestly unfounded or excessive’ (for example, if you make repetitive requests) a fee may be charged to cover our administrative costs in responding.

We will respond to your subject access request within 28 days of receiving it. Normally, we aim to provide a complete response, including a copy of your personal data within that time. In some cases, however, particularly if your request is more complex, more time may be required up to a maximum of three months from the date we receive your request. You will be kept fully informed of our progress.

1.11. Changes to this Privacy Notice

We may change this Privacy Notice from time to time. This may be necessary, for example, if the law changes, or if we change our business in a way that affects personal data protection. Any changes will be made available on our website www.bristolbicycles.co.uk

2. Cookies Policy

2.1 Introduction

Our website uses cookies.

Insofar as those cookies are not strictly necessary for the provision of our website and services, we will ask you to consent to our use of cookies when you first visit our website. If you object to the use of cookies, please alter your web browser settings (see below).

2.2 Credit

This section was created using a template from SEQ Legal (https://seqlegal.com)

2.3 About cookies

A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.

Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.

2.4 Cookies that we use

We use cookies for the following purposes:

(a) authentication – we use cookies to identify you when you log into our website and as you navigate our website;

(b) status – we use cookies to help us to determine if you are logged into our website;

(c) shopping basket – we use cookies to maintain the state of your shopping basket as you navigate our website;

(d) personalisation – we use cookies to store information about your preferences and to personalise our website for you;

(e) security – we use cookies as an element of the security measures used to protect user accounts, including preventing fraudulent use of login credentials, and to protect our website and services generally;

(g) analysis – we use cookies to help us to analyse the use and performance of our website and services;

(h) cookie consent – we use cookies to store your preferences in relation to the use of cookies more generally.

2.5 Cookies used by our service providers

Our service providers use cookies and those cookies may be stored on your computer when you visit our website.

We use Google Analytics to analyse the use of our website. Google Analytics gathers information about website use by means of cookies. The information gathered relating to our website is used to create reports about the use of our website. Google’s privacy policy is available at: https://www.google.com/policies/privacy/

We use Divido to provide retail finance. This service may use cookies, please see Divido’s privacy policy at https://www.divido.com/legal/privacy and https://www.divido.com/legal/cookies

We use Paypal to provide online payments. This service may use cookies, please see Paypal’s privacy policy at https://www.paypal.com/privacy

We use Youtube to provide videos. This service may use cookies, please see Youtube’s privacy policy at https://youtube.com/privacy

2.6 Managing cookies

Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:

(a) https://support.google.com/chrome/answer/95647?hl=en (Chrome);

(b) https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences (Firefox);

(c) http://www.opera.com/help/tutorials/security/cookies/ (Opera);

(d) https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);

(e) https://support.apple.com/kb/PH21411 (Safari); and

(f) https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy (Edge).

Blocking all cookies will have a negative impact upon the usability of many websites.

If you block cookies, you will not be able to use all the features on our website.

2.7 Private Logging

Every time You visit a web page, You send information to the web server. Most web servers routinely maintain access logs with a portion of this information, which can be used to get an overall picture of what pages are popular, what other sites link to this one, and what web browsers people are using.

These logs are used to produce site statistics; the raw log data is not made public.

Log data may be examined by developers and administrators in the course of solving technical problems. IP addresses of users, derived either from those logs or from records in the database may be used to correlate usernames and network addresses in investigating abuse of our websites and services.

3. Product Information

Waiting list and delivery

All Bristol Bicycles purchased online are built to order, usually within a week. We maintain a waiting list during busy periods, and the waiting time can be up to 2 weeks. Once you place your order we will contact you to confirm the scheduled date for building your bike. Please allow an additional three working days for delivery.

Bikes collected from Jake’s Bikes in Bristol will be provided fully-assembled and ready to ride. Bikes sent by courier will have the handlebars, pedals, saddle and front wheel removed. You will need a 5mm allen key and strong 15mm spanner to install these. Assembly instructions are provided with the bike, but tools are not. If in any doubt, we suggest you consult a professional bike mechanic.

As on any new bike, it is normal for components to bed-in and for the bike to require adjustment after the first few weeks of use. Symptoms can include imprecise gear changes because of gear cable stretch, and brakes developing a squeal and requiring adjustment. If you are able to bring the bike back to Jake’s Bikes in Bristol we offer a free tune-up and service within the first 6 weeks of ownership to adjust these types of issues. If the bike was delivered to you by courier and if you are unable to return it to us, you must be able to carry out the tune-up and adjustment yourself, or pay for a professional mechanic to undertake the work.

All photographs and images are for illustrative purposes only. The actual size and model of bike may differ slightly in specification from those shown, e.g. the headset type, cable routing, of brand of wheel rim and tyre is slightly different one some frame sizes.

Intended use

Bristol Bicycles are for use on-road and on well-finished, smooth paths and trails. They are not suitable for mountain biking, stunting, jumping, carrying more than one person, or any other purposes.

Please read and ensure you understand the owners manual provided before using the bicycle, and always adhere to the safety warnings and follow the adjustment and maintenance guidelines contained therein.

Warranty

All Bristol Bicycles come with a 12-month limited warranty on materials and workmanship. This warranty extends for one year from date of purchase while owned by the original retail purchaser.

If a component should fail due to faulty materials or workmanship within the warranty period, a replacement component will be provided free of charge. At the discretion of Bristol Bicycles we may also fit the part without charge, but we retain the right to refuse to do so: under the terms of the warranty the original owner is responsible for all labour charges connected with the repair or replacement of all parts. The owner is also responsible for the return of the bicycle to us for any work to be carried out.

This warranty does not cover consumable items such as (but not limited to) tyres and inner tubes or brake blocks or pads, nor does it cover wear and tear: components such as chains, chainrings, cables, and eventually wheel rims will wear out under prolonged and heavy use.

No liability is accepted for damage caused through neglect, improper use, lack of regular servicing, road accident/collision, or anything other than faulty materials or workmanship.

The warranty applies to original purchaser only and is not transferable. Proof of purchase may be required.

In the event that Bristol Bicycles elect to replace a defective frame, a new frame of equal or greater value will be provided. The new frame may not be the exact model purchased. We may not be held responsible for labour charges for component changeovers when a frame is replaced.

If you elect to repair a defective product yourself or use the services of someone other than Bristol Bicycles, we will not be liable for any damage, failure or loss caused.

Bristol Bicycles shall in no event be liable for incidental or consequential losses, damages or expenses in connection with its products. Bristol Bicycles’ liability hereunder is expressly limited to the replacement of goods not complying with this warranty or, at our election, to the repayment of an amount equal to the purchase price of the product in question. Liability is not limited or excluded for any bodily injury or death caused by the negligence of Bristol Bicycles or any of its employees.

Warranty does not affect your statutory rights.

4. Instructions for cancellation

Right to cancel

If you purchased goods online or by phone, you have the right to cancel this contract within 14 days without giving any reason.

The cancellation period will expire after 14 days.

To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, or e-mail). You may use the attached cancellation form, but it is not obligatory. Our contact details are as follows:

Jake’s Bikes Limited 6A Haymarket Walk, Bristol BS1 3LN Phone: 0117 329 7363 Email: [email protected]

Effects of cancellation

If you cancel this contract, we will 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), provided that the Goods in question are returned by you, and received by us, in the condition they were in when delivered to you. We may make a deduction from the reimbursement for loss in value of any goods supplied to reflect any reduction in the value of the Goods as a result of your handling of the Goods.

We will make the reimbursement without undue delay, and not later than: (a) 14 days from the day you return any goods supplied, or provide evidence that you have returned them, or (b) if there were no goods supplied, 14 days from the day on which we are informed about your decision to cancel this contract.

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. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods.

Cancellation Form

To: Jake’s Bikes Limited 6A Haymarket Walk, Bristol BS1 3LN Phone: 0117 329 7363 Email: [email protected]

I hereby give notice that I cancel my contract of sale of the following goods:

Ordered on:

Received on:

Name:

Address:

Email:

Phone:

Signature (only if this form is notified on paper):

Date:

5. Notices

All notices you send us must be sent to the contact details above.

We may give notice to you at either the email or postal address you provide to us when making a purchase. (Notice will be deemed received and properly served 24 hours after an email is sent or three days after the date of posting of any letter.) In providing the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an email that the email was sent to the specified email address of the addressees.

6. Applicable Law

These terms are governed by English law. Any contract for the purchase of goods from this site and any dispute or claim arising out of or in connection with any such contract will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident in Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident in Scotland you may also bring proceedings in Scotland.

If any part of the terms and conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the terms and conditions and shall not affect the validity and enforceability of any of the remaining provisions of the terms and conditions.

We try to ensure that all information on our websites is accurate, but we retain the right to change specifications, prices and other details where necessary without prior notice. Errors and Omissions Excepted.

Our websites, correspondence and customer service are currently only available in English.

7. Waste Electrical or Electronic Equipment

When they reach the end of their life, batteries and other electrical components from E-bikes should be recycled or disposed of responsibly.

If you do not recycle, electrical equipment will end up in landfill where hazardous substances will leak out and cause soil and water contamination – harming wildlife and also human health.

In the UK, distributors including retailers must provide a system which allows all customers buying new electrical equipment the opportunity to recycle their old items free of charge. As a responsible retailer, we have met the requirements placed on us by financially supporting the national network of WEEE recycling centres established by local authorities. This is achieved through membership of the national Distributor Take-back scheme (DTS). Our DTS registration number is 401623.

To find more information on WEEE recycling and to locate your nearest recycling centre please visit www.recycle-more.co.uk and enter your postcode.