TERMS AND CONDITIONS
Please read the following important terms and conditions before buying anything on our website and check that they contain everything you want and nothing you are not willing to agree to.
THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF “EBIKE LEGAL COMPLIANCE”
This contract sets out:
• your legal rights and responsibilities;
• our legal rights and responsibilities; and
• certain key information required by law.
In this contract:
• ‘We’, ‘us’ or ‘our’ means Big Game Bikes Limited; and
• ‘You’ or ‘your’ means the person using our site to buy goods from us.
If you have any questions about this contract or any orders you have placed, please get in touch with us by:
• sending an email to hello@biggamebikes.com;
• or submit the online contact form available here https://biggamebikes.com/contact-us; or
• calling +44 (0)1903 442501
1. Who are we
1.1. We are Big Game Bikes Limited, a company registered in England and Wales under company number 12903624
1.2. Our registered office is Big Game Bikes, 49 Station Road, POLEGATE, BN26 6EA.
1.3. Our VAT number is GB375777637.
1.4. We will not file the details of this contract. Please print out or save a copy of this contract for your records, as we will not save a copy or you.
2. Introduction
2.1. If you buy goods on our site you agree to be legally bound by this contract.
2.2. This contract is only available in English. No other languages will apply to this contract.
2.3. When buying any goods on our site, you also agree to be legally bound by:
2.4. our website terms and conditions; and
2.5. extra terms which may add to, or replace some of, this contract. This may happen for legal or regulatory reasons. We will contact you to let you know if we intend to do this by giving you one month’s notice.
2.6. All the above documents form part of this contract as though set out in full here.
3. Information we give you
3.1. By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. If you want to see this key information, please:
3.1.1. read the acknowledgement email (see clause 4.3); or
3.1.2. contact us using the contact details at the top of this page.
3.1.3. The key information we give you by law forms part of this contract (as though it is set out in full here).
3.1.4. 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.
4. Your privacy and personal information
4.1. Our Privacy Policy is available at https://biggamebikes.com/privacy-policy.
4.2. 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 Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights concerning 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.
5. Ordering goods from us
5.1. Below, we set out how a legally binding contract between you and us is made.
5.2. Please read and check your order carefully before submitting it. You will be able to correct any errors before submitting your order to us.
5.3. When you place your order at the end of the online checkout process (e.g. when you click on the ‘Place Order Now’ button) we will acknowledge it by email. This acknowledgement does not, however, mean that we have accepted your order.
5.4. We may contact you to say that we do not accept your order. This is typically for the following reasons:
5.4.1. we cannot authorise your payment;
5.4.2. you are not allowed to buy the goods from us;
5.4.3. we are not allowed to sell the goods to you;
5.4.4. you have ordered too many goods; or
5.4.5. there has been a mistake on the pricing or description of the goods.
5.5. the goods are unavailable;
5.5.1. We will only accept your order when we email you to confirm this (Confirmation Email). At this point:
5.5.1.1. a legally binding contract will be in place between you and us; and
5.5.1.2. we will dispatch the goods to you.
5.5.1.3. If you are under the age of 18 you may not buy any goods from the site.
5.6 Order Processing: Please note that orders are typically processed and prepared for shipping within 3 to 5 business days. Business days are Monday through Friday, excluding public holidays. We strive to meet these processing times, but please be aware that during peak periods, processing may take longer.
6. Right to Cancel
6.1. Consumers have the right to cancel. If you are a consumer, meaning you are not purchasing the Product(s) for use in your business, trade, or profession, you have fourteen (14) days to cancel your order for the Product(s) without providing a reason. After fourteen (14) days from the day on which you or a third party other than the carrier and indicated by you take physical possession of the Products, the cancellation period will expire.
6.2. Returning an eBike. You have fourteen (14) days from the delivery date to notify BGB if you want to return an ebike that isn’t broken or defective. The e-bike must be returned in its original packaging, undamaged, and without any traces of usage, including wear and tear, grime, odours from use, or other signs of use. We guarantee one year warranty against all manufacturing faults in material or workmanship for any damaged or defective ebikes (so long as the damage or defect is not the customer’s fault). For further information, please see our Limited Warranty Terms.
6.3. Replacement and accessory parts. Within fourteen (14) days after receipt, any accessories purchased or replacement parts received under the Limited Warranty are returnable. Any returned accessory or replacement component must be in the original packing and condition in which you received it, be unopened, undamaged, and free of any signs of use, such as wear and tear.
6.4. Non-Returnable Goods. Used goods and gifts cannot be returned unless they are defective. Certain items such as clothing, helmets or other goods worn on your person may not be returned for hygiene reasons unless faulty.
6.5. Process. To use your right of cancellation or return, please:
6.6. To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (eg a letter sent by post or email) using the contact details at the top of this page. You may use the model cancellation form available here, but it is not obligatory.
6.7. To help our product support team, take a picture of the item in its original packing.
6.8. With the exception of when exercising your right to cancel within the fourteen (14) day window, you are not obliged to provide a reason for your return. Also, be sure to include the photo you took in the previous step.
6.9. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
7. Refunds
7.1. Excluding the cost of delivery (the shipping charge), we will reimburse you for all payments you have made to us in connection with your order.
7.2. If you or BGB cause the Products to lose value while being returned, we have the right to withdraw that amount from your reimbursement.
7.3. You will have to bear the direct cost of returning the goods. eBikes return shipping costs (unless faulty) will be deducted from the order refund at £125.00.
7.4. You can arrange an alternative return method if you prefer, and the return address is Big Game Bikes, 49 Station Road, POLEGATE, BN26 6EA, UNITED KINGDOM. Please package your return appropriately to ensure the goods are not damaged in transit. We recommend using a recorded service with insurance and tracking.
7.5. Unless you have expressly agreed differently, we will repay you using the same payment method you used for the initial transaction. There won’t be any fees associated with the reimbursement. Until we have received the returned goods, we have the right to withhold reimbursement.
7.6. The entire value of any discount code used in an order that includes a returned item will be deducted from the refund amount.
7.7. Without excessive delay and no later than Fourteen (14) days after the day we receive the returned goods from you, or, if no goods were delivered to you, fourteen (14) days after the day, we learn that you have decided to cancel the order, whichever comes first.
8. Delivery
8.1. For deliveries to the mainland UK, we use a specialist eBike courier to deliver our eBikes to you because the lithium battery is classed as a dangerous good. Other products are shipped from either the UK, EU or USA.
8.2. We endeavour to process and ship orders within five business days. However, certain goods can take up to 45 days to be delivered. The estimated date for delivery of the goods is set out in the Confirmation Email (see clause 4.5).
8.3. If something outside of our control happens and affects the estimated delivery date, we will provide you with a revised estimated date for delivery.
8.4. Delivery will take place at the address specified by you when you placed your order with us. If you would like to change the delivery address, please contact us by email. Please note, once your order has been shipped, we cannot change the delivery address.
8.5. Unless you and we agree otherwise, if we cannot deliver your goods within 45 days of the date of your Confirmation Email, we will:
8.5.1. let you know;
8.5.2. cancel your order; and
8.5.3. give you a refund.
8.6. If nobody is available to take delivery, please contact us using the contact details at the top of this page.
8.7. You are responsible for the goods once they have been delivered to the address specified by you when you placed your order with us. In other words, the risk in the goods passes to you when you take, or a third party notified by you takes, possession of the goods.
8.8. We are unable to ship your goods to PO Boxes or military addresses.
8.9. We may deliver your goods in instalments.
8.10. If you have pre-ordered a product, the product will be shipped the day after we receive the product from the manufacturer.
8.11. We do not generally accept orders from outside of the UK. If, however, we do accept an order from outside the UK to a delivery address outside of the UK, VAT will not be applied to your order, but your order may be subject to other additional customs duties and taxes. The payment of these additional custom duties and taxes are your responsibility.
9. Payment
9.1. We accept the following payment options: VISA, Mastercard, American Express, Apple Pay, Google Pay, Snap Finance, Stripe and PayPal.
9.2. We will do all that we reasonably can to ensure that all of the information you give us when paying for the goods 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 Policy (see clause 3) 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.
9.3. Your credit card or debit card will be charged when your order is placed.
9.4. All payments by credit card or debit card need to be authorised by the relevant card issuer.
9.5. If your payment is not received by us and you have already received the goods, you must:
9.6. pay for such goods as soon as possible and in any case within 30 days; or
9.7. return them to us as soon as possible and in any case within 30 days. If so, you must keep the goods in your possession, take reasonable care of them (including ensuring that you follow any instructions or manuals given with the goods) and not use them before you return them to us.
9.8. If you do not pay for the goods and fail to return them in accordance with clause 8.5, we may collect the goods from you at your expense. We will try to contact you to let you know if we intend to do this.
9.9. Nothing in this clause affects your legal rights to cancel the contract during the cancellation period as set out in clauses 5 and 6.
9.10. Unless stated otherwise, all prices are in pounds sterling (£)(GBP) and include VAT at the applicable rate, but exclude delivery charges. Other currency options are available on our website.
10. Nature of the goods
10.1. The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’). The goods that we provide to you must be as described, fit for purpose and of satisfactory quality.
10.2. We are under a legal duty to supply you with goods that are in conformity with this contract.
10.3. The packaging of the goods may be different from that shown on the site.We try to make sure that:
10.3.1. all weights, sizes and measurements set out on the site are as accurate as possible; and
10.3.2. the colours of our goods are displayed accurately on the site, but please note that the actual colours that you see on your device may vary depending on the device that you use.
10.3.3. Any goods sold at discount prices, as remnants or as substandard will be identified and sold as such. Please check that they are of satisfactory quality for their intended use.
10.4. If we can’t supply certain goods, we may need to substitute them with alternative goods of equal or better standard and value. In this case:
10.4.1. we will let you know if we intend to do this but this may not always be possible; and
10.4.2. you can refuse to accept such substitutes, in which case we will offer you a refund or a replacement and let you know how long such an offer remains open for.
11. Faulty goods
11.1. Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’) are set out at the top of this page. 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:
11.1.1. contact us using the contact details at the top of this page; or
11.1.2. visit the Citizens Advice website www.citizensadvice.org.uk or call 0808 223 1133.
11.1.3. Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
11.1.4. If your goods are faulty, please contact us using the contact details at the top of this page.
12. EBike Legal Compliance
THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF THIS CLAUSE.
12.1. In the UK, only eBikes that comply with EAPC Regulations can be used on UK public roads without tax, insurance or registration. You can find out more about EAPC Regulations here: https://www.gov.uk/electric-bike-rules
12.2. Where expressly stated, our 250w eBikes can be used on UK public roads without tax, insurance or regulation.
12.3. Where expressly stated, eBikes exceeding 250w and 15.5mph are not legal to use on UK public roads without first obtaining type approval, insurance, tax, displaying a number plate and undergoing an MOT. You may only use these eBikes off-road.
12.4. If you purchase an eBike from us, you acknowledge and understand that it is illegal to ride an eBike with a power output exceeding 250W or where the speed does not cut off at 15.5mph on UK public roads.
12.5. If you purchase a eBike, you acknowledge and understand that if you upgrade the eBike, or modify or tune the settings of the eBike to exceed 250W or 15.5mph, the eBike shall not be EAPC compliant and therefore the eBike shall be illegal to use on UK public roads. You also acknowledge and understand that such modification or tuning will invalidate your warranty.
12.6. If you are purchasing an eBike from outside of the UK, you are responsible for checking and complying with the applicable laws and regulations relating to eBike use in your jurisdiction and where you intend to use the eBike.
13. Limited Warranty Conditions
13.1. For a period of one year following the date of a qualifying purchase (the “Warranty Period”), Big Game Bikes (BGB) will guarantee all of its electric bicycles (the “ebikes”) and each of their individual Covered Components against any manufacturing flaws in materials or workmanship. The conditions are as follows:
13.1.1. The statutory rights you have in connection to the ebikes are in addition to the rights and claims that may arise from this guarantee, and these rights are unaffected by this warranty.
13.1.2. This guarantee only applies to the ebike’s initial owner. The Limited Warranty will under no circumstances apply to any subsequent owner or another transferee of the ebike. The Warranty Period starts when you receive the ebike and ends as soon as the earlier of the end of the Warranty Period or any sale or transfer of the ebike to another person.
13.1.3. The lithium ion battery (the “Battery”), frame, forks, stem, handlebar, headset, seat post, saddle, brakes, lights, bottom bracket, crankset, pedals, rims, wheel hub, freewheel, cassette, derailleur, shifter, motor, throttle, controller, wiring harness, LCD display, kickstand, and the reflector (each a “Covered Component”).
13.1.4. The battery warranty excludes water damage, normal wear and tear, misuse such as using an unsuitable charger, improper maintenance, or other such mistreatment, as well as power surges.
13.1.5. Throughout the Warranty Period, the Covered Components will be warranted to be without material and/or workmanship faults.
13.2. Covered Components NOT covered
13.2.1. Any covered component’s normal wear and tear is not covered by this limited warranty.
13.2.2. Consumables or parts typically wear out over time (such as grips, chains, spokes, brake pads, cables and housing, and tyres, tubes, and tubes).
13.2.3. Any alterations, modifications, improper assembly, accidents, installation of parts or accessories not originally intended for or compatible with the ebike as sold, operator error, water damage, extreme riding, stunt riding, or improper follow-up maintenance. Acts of God. Accident. Misuse. Neglect. Abuse. Commercial use. Alterations. Modifications. Improper assembly. Accident. Installation of parts or accessories not originally intended for or compatible with the ebike as sold.
13.2.4. To be clear, BGB will not be held liable or accountable for any harm, malfunction, or loss brought on by any unauthorised repair work or components usage.
13.2.5. The Battery is not covered by a warranty against damage from power surges, inappropriate charger use, poor maintenance, other misuse, everyday wear, or water damage.
13.2.6. Anything that BGB sells that isn’t an ebike.
13.3. Claims Process
13.3.1. Claims Process Under the terms of this warranty, BGB will not replace any Covered Component without first viewing pictures or videos of the damaged Covered Component. If we appropriately require it, you must produce proof in support of any warranty claims.
13.3.2. You have the following requirements to use your warranty’s entitlement to a replacement for a damaged Covered Component:
13.3.3. You can reach the BGB Technical Support staff by phone at +44 1903 442 501 or by email at support@biggamebikes.com. The Technical Support staff will initially work with you to determine any potential straightforward remedies for the ebike issue.
13.3.4. You will be given information on how to return the damaged Covered Component and get the replacement if the Technical Support team decides that it needs to be replaced.
13.3.5. The Technical Support staff will also offer assistance in figuring out how to change or install the new Covered Component into your ebike after you receive the replacement.
13.3.6. Contact Details – see top of page for contact details
14. Performance of Ebike
14.1. Please be aware that the predicted range per charge for one of our ebikes is only an estimate and not a guarantee. The actual, real-world range of an e-bike battery depends on a variety of parameters, including the battery’s age, temperature, assist level, speed, cargo, and topography. It is possible to obtain results that are either less than or more than the predicted minimum or maximum range, depending on the circumstances. Any renovations, modifications, or other changes you or a third party make to an ebike after you buy it that impact its mechanics, operation, or safety invalidate the Limited Warranty and are done at your own risk.
15. End of the contract
15.1. If this contract is ended, it will not affect our right to receive any money which you owe to us under this contract.
16. Limitation on our liability
16.1. Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
16.1.1. losses that were not foreseeable to you and us when the contract was formed;
16.1.2. losses that were not caused by any breach on our part;
16.1.3. business losses; or
16.1.4. losses to non-consumers.
17. Third-party rights
17.1. No one other than a party to this contract has any right to enforce any term of this contract.
18. Mobile Terms of Service
The Big Game Bikes Ltd mobile message service (the “Service”) is operated by Big Game Bikes Ltd (“Big Game Bikes Ltd”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to Big Game Bikes Ltd’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Big Game Bikes Ltd through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Big Game Bikes Ltd. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to BGBTeam or click the unsubscribe link (where available) in any text message to cancel. You’ll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Big Game Bikes Ltd mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Service support or assistance, text HELP to BGBTeam or email hello@biggamebikes.com.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.
19. Disputes
18.1. We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the goods you ordered, our service to you or any other matter, please contact us as soon as possible using the contact details set out at the top of this page.
18.2. 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.
18.3. 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.
