TERMS & CONDITIONS
Welcome to CycleFO.co.za (the “website”). There are a few rules that visitors must follow when using our website, so we ask you to read our terms and conditions carefully. This website is brought to you by CycleFO (“CycleFO”, or “we” or “us”) and all rights, including copyright, in the content of the website is owned or controlled by CycleFO. CycleFO and its affiliates provide access to the website and sells its products to you subject to the terms and conditions set out on this page.
If you have any comments or queries relating to this website, please contact us.
Terms and conditions of sale
Please read these terms and conditions before purchasing any CycleFO products on the website. By making a purchase, you agree to be bound by these terms and conditions.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. Please ensure your password is kept confidential and secure, and inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
Please ensure the details you provide are correct and complete, and inform us immediately of any changes to the information provided when you registered.
The website only sells products to individuals who can purchase with a credit card/debit card. If you are under sixteen (16), you may use the website only with the permission and supervision of a parent or guardian.
CycleFO reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at its discretion. If we cancel an order, it will be without charge to you.
- Our contract
When you place an order to purchase a product from the website, we will send you an email confirming receipt and containing order details. Your order represents an offer to us to purchase a product, which is accepted when we send an email to you confirming that we have accepted the order (the ‘order confirmation email’). Such acceptance will be complete when we send the order confirmation email to you. You are seeking to enter into a contract with CycleFO when you place an order.
This contract is legally binding when you have placed an order, your order has been accepted by us and we have sent you the confirmation email.
CycleFO will retain the title in the products until full payment has been made by you and has been received by CycleFO .
CycleFO reserves the right to hold any orders prior to shipping for security review. CycleFO only delivers its products to the locations listed on the website. In the event that an order is placed for a delivery to a location where we do not deliver, the order will be cancelled and a refund processed.
We will endeavour to deliver all products ordered within the time period specified on your order confirmation email. Please click here to view our delivery details and charges (if applicable).
All products purchased from the website are made pursuant to a shipment contract. This means that the risk of loss for such products passes to you on delivery to the carrier. If you have received your order confirmation email but your products have not arrived within the time specified, please contact us and we will do our best to assist. Please allow an additional day before raising a query during exceptionally busy periods (e.g. Christmas) or when the weather is particularly inclement.
If your order has not been received within the specified timescales set out below, in the first instance please check whether your local mail delivery office is holding your parcel. If they do not have your products, please contact us and we will do our best to assist.
Order over 16kg may incur additional costs depending on area of delivery. Customer will be supplied with quote before delivery.
You can only return CycleFO products that have been purchased directly through this website. CycleFO products purchased at a retail store or from other websites must be returned to the original store or site from which they were purchased.
If you are not happy with your CycleFO products, please follow our delivery, returns, exchanges and repairs policy, so that we can exchange or refund your order. CycleFO reserves the right to reject the return of products that are not returned in accordance with this policy procedure. We may request that you pay delivery charges to return such goods back to you. Our returns policy does not affect your statutory rights.
Return or exchange
You may exchange or return new, unworn or unused products within 14 days of the date the goods were shipped to you. CycleFO offers South African customers the option of a free exchange providing the item is priced the same or less than the one originally purchased on your order. At present we are unable to offer exchanges to our international customers.
Please note: your right to exchange or return products is separate from your statutory right to cancel your order under the distance selling regulations (see below).
If you are returning goods for exchange or return you are responsible for the cost of returning the item to us.
We will not refund the original delivery charge in the case of exchanges or returns.
Please note: you will only be reimbursed the original delivery charge where you exercise your statutory right to cancel within 7 working days. This period begins after the day of receipt of the goods under the distance selling regulations – see statutory right to cancel below.
In the case of returns, you will only be refunded the value of the goods ordered.
We will only pay the return costs and subsequent re-delivery costs (if applicable) if the return is a result of our error or the goods are faulty.
This returns procedure does not affect your statutory right to cancel or any of your other statutory rights.
Statutory right to cancel
South African customers in addition to our returns or exchange procedure, you have seven (7) working days (beginning the day after receipt of the goods) to cancel your purchase order under the distance selling regulations.
These legal rights do not apply to non South African customers.
Conclusion of sales and availability of stock
Registered users may place orders for Goods, which CycleFO. CycleFO may accept or reject the order. Whether or not CycleFO accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by CycleFO for the Goods.
NOTE: CycleFO will indicate
the acceptance of your order by delivering the Goods to you or allowing you to collect them, and only at that point will an agreement of sale between you and CycleFO come into effect (the “Sale”). This is regardless of any communication from CycleFO stating that your order or payment has been confirmed. CycleFO will indicate the rejection of your order (by CycleFO) by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
Refunds are handled by a third-party payment gateway. Refunds may take up to 10 working days. CycleFO is not liable for delays in refunds as this is subject to third-party payment gateways & bank processes.
Prior to delivery or your collection of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Goods, you may cancel the Sale only in accordance with the Returns Policy.
Placing Goods in a wishlist or shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to you. You cannot hold CycleFO liable if such Goods are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.
You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In the case of Goods for sale by CycleFO, CycleFO will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after placing an order, CycleFO will notify you and you will be entitled to a refund of the amount paid by you for such Goods.
CycleFO relies on inventory information supplied by the relevant Brands and CycleFO accordingly bears no liability for any inaccuracies in the information supplied to it. Consequently, should you order any Goods for a specific Brand which is in fact sold-out, CycleFO will not be held responsible.as set out in these Terms and Conditions.
Certain Goods may not be purchased for re-sale. Should we suspect that any Goods are being purchased for sale, we are entitled to cancel your order immediately without notice to you.
Where you exercise your statutory right to cancel, we will provide a full refund on the price paid for the goods and the original delivery charge.
Where you fail to return the product(s) in question or you send them at our expense, or if our appointed courier collects the goods from you, we reserve the right to charge you for the direct costs incurred by us in collecting or returning the goods (other than where the goods have been sent to you in error or where such goods are faulty, in which case, such costs shall be at our expense).
Where you exercise your right to cancel within 7 (seven) working days, you should return the goods to us as soon as reasonably practicable. Please note: if we have provided any services as part of the purchase (e.g. products made to order or gift wrapping) and we have begun to provide these services before you have exercised your right to cancel, we shall not reimburse the costs of such services.
How do I exercise my statutory right to cancel?
In order to exercise your right to cancel, please:
a) send an email to firstname.lastname@example.org; or
b) write to us at our address at the end of these terms; making it clear in your correspondence that you are giving notice to exercise your statutory right to cancel.
Your email, letter or fax will be deemed to have been received by us on the date you send it (provided it is sent to the correct address and it is sufficiently clear that you are exercising your right to cancel). Please try and keep the confirmation of any fax, letter or email to demonstrate the date when you sent it.
Conditions for all returns, exchanges or statutory right to cancel
All goods must be returned to us unused, together with all original packaging (please note you have a duty to take reasonable care of returned goods and any refund may be withheld or a charge incurred if you fail to take such care and damage the goods). Please make sure that your return package is packed and sealed securely (in or with the original packaging if possible). Packages must be returned with the freight prepaid. We recommend the use of an insured parcel service, such as Royal Mail Special Delivery.
With your purchase of CycleFO products, you will receive a delivery note and returns form To return items, whether for exchange or return, simply fill out the form as instructed, include it in the package and attach the label to the outside of the package then post it back to us. If you do not have your returns form, our returns team will be happy to send electronic copies you can print at home. Contact us
Please do not return items to us without instruction detailing where goods need to be sent or your return may be severely delayed.
If there are any discrepancies with your order, you must notify us as soon as possible. If you have been shipped the incorrect goods then please accept our apologies. Please contact our customer service team and we will arrange a collection of these good. Any replacements will be sent at no extra cost.
- Feedback and complaints policy
We welcome any comments about our service, so we can improve it. Our aim is to deal with any problems quickly and fairly. If you wish to complain, please e-mail our customer services team stating clearly that you are making a complaint. Alternatively, call us on the number stated on the website and say that you wish to make a complaint. Our aim is to respond within seven (7) working days, either resolving the complaint, or with a timescale for resolution.
- Pricing and availability
All prices are quoted in Rand and are inclusive of VAT unless otherwise specified. All item prices are exclusive of delivery charges. A list of our international delivery charges can be found on the website. We list availability information for products sold on the website, including on each product information page. We cannot be more specific about availability than what is stated on the site. Dates are not guaranteed and should not be relied upon. As we process your order, we will inform you by email if any products are subsequently found to be unavailable.
Despite our best efforts, a small number of the products on the website may be mis-priced. If a product’s correct price is lower than our stated price, we will charge the lower amount and send you the product. If a product’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping the products or cancel your order and notify you of such cancellation.
When ordering products from the website for delivery overseas you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you as we have no control over them and cannot predict what they may be. Customs policies vary widely by country, so you should contact the local customs office for further information. Additionally, please note that when ordering from the website, you are considered the importer of record and must comply with all laws and regulations of the country in which the products are received. Your privacy is important and we know you care about how order information is used and shared. International customers and customers dispatching products internationally should be aware that cross-border deliveries can be opened and inspected by customs authorities.
- Disclaimer and limitation of liability
This website is provided by CycleFO on an “as is” and “as available” basis. CycleFO makes no representations or warranties of any kind, express or implied, as to the operation of this website or the information, content, materials, or products included on it. It is expressly agreed by you that your use of this website is at your sole risk.
CycleFO disclaims all warranties, express or implied, including, but not limited to, implied warranties of saleability and fitness for purpose to the fullest extent permissible by applicable law. CycleFO does not warrant that this website, its servers, or e-mail by us are free of viruses or other harmful components. CycleFO will not be liable for any damages of any kind arising from the use of this website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
Laws of certain countries or states do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply, and you might have additional rights.
- Electronic communications
When you visit the website or send emails to us, you are communicating with us electronically. We will communicate with you by email or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
Any dispute relating to your visit to the website or to products you purchase through the website may be submitted to the courts of England and Wales, except that, to the extent you have in any manner violated or threatened to violate CycleFO intellectual property rights, CycleFO may seek injunctive or other appropriate relief in any court in any country in the world, and you consent to exclusive jurisdiction of such courts.
- Alteration of service or amendments to the conditions
We reserve the right to make changes to our website, policies, and terms and conditions of sale at any time. Your use of the website and your orders will be subject to the policies and terms and conditions of sale in force at the time that you use the website or that you order products, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of the provisions of these terms and conditions of sale are deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of the remaining conditions.
- Events beyond our reasonable control
CycleFO will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause that is beyond our reasonable control. This condition does not affect your statutory rights.
If you breach these terms and conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
- Governing law and jurisdiction
Your use of the website, any purchase by you on the website of any products and these conditions will be governed by and construed in accordance with the laws of South Africa and will be deemed to have occurred in South Africa. You agree, as we do, to submit to the non-exclusive jurisdiction of the South African courts.
Your statutory rights are not affected by these terms and conditions of sale.