TERMS AND CONDITIONS

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.

THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF CLAUSE 11 “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 contact us by:
• sending an email to hello@biggamebikes.com;
• filling out and submitting the online contact form available here https://biggamebikes.com/contact-us; or
• calling +44 (0)1903 442501

Who are we?
We are Big Game Bikes Limited, a company registered in England and Wales under company number 12903624
Our registered office is at 4 Cornfield Way, Worthing, United Kingdom, BN13 3FY.
Our VAT number is GB375777637.

The details of this contract will not be filed by us. Please print out or save a copy of this contract for your records as we will not save a copy for you.

1 Introduction

1.1 If you buy goods on our site you agree to be legally bound by this contract.
1.2 This contract is only available in English. No other languages will apply to this contract.
1.3 When buying any goods on our site you also agree to be legally bound by:
1.3.1 our website terms and conditions; and
1.3.2 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.

All of the above documents form part of this contract as though set out in full here.

2 Information we give you

2.1 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:
2.1.1 read the acknowledgement email (see clause 4.3); or
2.1.2 contact us using the contact details at the top of this page.
2.2 The key information we give you by law forms part of this contract (as though it is set out in full here).
2.3 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.

3 Your privacy and personal information

3.1 Our Privacy Policy is available at https://biggamebikes.com/privacy-policy.
3.2 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 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.

4 Ordering goods from us

4.1 Below, we set out how a legally binding contract between you and us is made.
4.2 Please read and check your order carefully before submitting it. You will be able to correct any errors before submitting your order to us.
4.3 When you place your order at the end of the online checkout process (eg when you click on the ‘Place Order Now’ button) we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted by us.
4.4 We may contact you to say that we do not accept your order. This is typically for the following reasons:
4.4.1 the goods are unavailable;
4.4.2 we cannot authorise your payment;
4.4.3 you are not allowed to buy the goods from us;
4.4.4 we are not allowed to sell the goods to you;
4.4.5 you have ordered too many goods; or
4.4.6 there has been a mistake on the pricing or description of the goods.
4.5 We will only accept your order when we email you to confirm this (Confirmation Email). At this point:
4.5.1 a legally binding contract will be in place between you and us; and
4.5.2 we will dispatch the goods to you.
4.6 If you are under the age of 18 you may not buy any goods from the site.

5 Right to cancel

5.1 You have the right to cancel this contract within 14 days without giving any reason.
5.2 The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
5.3 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 https://biggamebikes.com/return-or-cancel-order but it is not obligatory.
5.4 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.

6 Effects of cancellation

6.1 If you cancel this contract, we will reimburse to you all payments received from you, including the cost 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).
6.2 We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
6.3 We will make the reimbursement without undue delay, and not later than:
6.3.1 14 days after the day we received back from you any goods supplied; or
6.3.2 (if earlier) 14 days after the day you provide evidence that you have returned the goods; or
6.3.3 if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
6.4 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.
6.5 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.
6.6 If you have received goods:
6.6.1 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;
6.6.2 you will have to bear the direct cost of returning the goods. If you are returning an eBike and would like Big Game Bikes to arrange collection from you, the cost will be £75 including VAT. The eBike must be boxed and the battery removed to allow for separate shipping. We will deduct this £75 cost from your refund amount. You can arrange an alternative method of return if you would prefer and the return address is: Big Game Bikes Limited, 4 Cornfield Way, Worthing, BN13 3FY, 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;
6.6.3 you will be liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods (i.e. returned goods must be clean, resaleable and not have exceeded 10 miles in mileage).

7 Delivery

7.1 For deliveries to the mainland UK, we use a specialist eBike courier to deliver our eBikes to you due to the lithium battery being classed as a dangerous good. Other products are shipped from either the UK, EU or USA.
7.2 We endeavour to process and ship orders within 5 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).
7.3 If something happens which is outside of our control and affects the estimated date of delivery, we will provide you with a revised estimated date for delivery.
7.4 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.
7.5 Unless you and we agree otherwise, if we cannot deliver your goods within 45 days of the date of your Confirmation Email, we will:
7.5.1 let you know;
7.5.2 cancel your order; and
7.5.3 give you a refund.
7.6 If nobody is available to take delivery, please contact us using the contact details at the top of this page.
7.7 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.
7.8 We are unable to ship your goods to PO Boxes or military addresses.
7.9 We may deliver your goods in instalments.
7.10 If you have pre-ordered a product, the product will be shipped the day after we receive the product from the manufacturer.
7.11 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.

8 Payment

8.1 We accept the following payment options: VISA, Mastercard, American Express, Apple Pay, Google Pay, Payl8r Finance, Stripe and PayPal.
8.2 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.
8.3 Your credit card or debit card will be charged when your order is placed.
8.4 All payments by credit card or debit card need to be authorised by the relevant card issuer.
8.5 If your payment is not received by us and you have already received the goods, you must:
8.5.1 pay for such goods as soon as possible and in any case within 30 days; or
8.5.2 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.
8.6 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.
8.7 Nothing in this clause affects your legal rights to cancel the contract during the cancellation period as set out in clauses 5 and 6.
8.8 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.

9 Nature of the goods

9.1 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.
9.2 We are under a legal duty to supply you with goods that are in conformity with this contract.
9.3 The packaging of the goods may be different from that shown on the site.
9.4 We try to make sure that:
9.4.1 all weights, sizes and measurements set out on the site are as accurate as possible; and
9.4.2 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.
9.5 Any goods sold at discount prices, as remnants or as substandard will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.
9.6 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:
9.6.1 we will let you know if we intend to do this but this may not always be possible; and
9.6.2 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.

10 Faulty goods

10.1 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:
10.1.1 contact us using the contact details at the top of this page; or
10.1.2 visit the Citizens Advice website www.citizensadvice.org.uk or call 0808 223 1133.
10.2 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.
10.3 If your goods are faulty, please contact us using the contact details at the top of this page.

11 EBike Legal Compliance

THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF THIS CLAUSE.

11.1 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
11.2 Our BGB Impala eBike can be used on UK public roads without tax, insurance or regulation.
11.3 Please be aware that our BGB Impala Alpha and BGB Impala Alpha Plus eBikes 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 on private land so long as the public do not have access to that land and you have the permission of the landowner.
11.4 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.
11.5 If you purchase a BGB Impala 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.
11.6 If you purchase a BGB Impala Alpha or BGB Impala Alpha Plus eBike, you acknowledge and understand that the eBike is not EAPC compliant and it can only be used off-road on private land unless you obtain type approval, insurance, tax, display a number plate and an MOT. For the avoidance of doubt, you will be responsible for obtain such type approval, insurance, tax, registration and MOT.
11.7 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.

12 EBike Warranty

12.1 Your eBike has the following warranties:
12.1.1 2 years warranty for the frame;
12.1.2 12 months warranty for the components; and
12.1.3 6 months warranty for the electrical system
12.2 Except where expressly stated otherwise, all warranties are non-transferable and only apply to the original customer.
12.3 For the avoidance of doubt, the warranty covers manufacturing defects only and does not cover wear and tear, modification or tuning of settings, alteration, accident, misuse, improper maintenance or any type of abuse. If the eBike has been used in a way that it was not designed for, or in a way that is contradictory to the Owners Guide supplied to you when purchased, the eBike may fail and this damage will not be covered by the warranty. The Owners Guide provides more information on usage and circumstances that will void the warranty. For more information on warranties or to claim under your warranty, please contact us using the contact details at the top of this page.

13 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.

14 Limitation on our liability

14.1 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:
14.1.1 losses that were not foreseeable to you and us when the contract was formed;
14.1.2 losses that were not caused by any breach on our part;
14.1.3 business losses; or
14.1.4 losses to non-consumers.

15 Third party rights

No one other than a party to this contract has any right to enforce any term of this contract.

16 Disputes

16.1 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.
16.2 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.
16.3 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.