Terms & Conditions
Welcome to DHW Agencies Ltd Terms and Conditions.
These Terms and Conditions apply to all persons who access this website.
If you access the Website, and/or place an order for goods, you agree to be bound by these Terms and Conditions.
Please read carefully before accessing and/or ordering any goods from the Website and be aware they are subject to change at any time.
You should print a copy of these Terms and Conditions for future reference and contact if you have any queries.
Definitions
In these Conditions, the following definitions shall apply:
| ‘We’, ‘Us’, ‘Our’: | DHW Agencies Ltd |
| Bicycle Mechanic: |
A professional specialist assembler and/or repairer of pedal cycles who provides this service directly to consumers. |
| Conditions: |
The Terms and Conditions set out in this document as amended from time to time. |
| Contract: |
The contract between us and the Customer for the sale and purchase of the Goods in accordance with these Conditions. |
| ‘Customer’, you, your: |
The person who purchases the Goods from us. |
| Goods: |
The goods (or any part of them) set out in the Order. |
| Order: |
The Customer's order for the Goods submitted by the Customer via the Website. |
| Website: |
Means the website accessible at www.moda-bikes.com |
| Vulnerable customers |
Definition of vulnerable customers: Elderly individuals, customers with disabilities, including physical, sensory, cognitive, or mental health impairments, customers experiencing financial hardship or debt-related difficulties, customers with limited English proficiency or communication barriers, individuals identified as vulnerable by a recognized authority or social service agency.
|
The Contract
The Order you place via the Website constitutes an offer to purchase the Goods in accordance with these Conditions. You are responsible for ensuring that the terms of the Order are correct. Please read and check your Order before placing.
The Order shall only be deemed accepted by us when you have paid for the Goods, monies have been received by us and the Goods have been dispatched. Any email, order confirmation or other electronic acknowledgement by us of receipt of an Order does not constitute legal acceptance by us of your Order. We will confirm our acceptance to you by sending you an email confirming that the Goods have been dispatched. The Contract between us is formed when we send you this.
All Orders placed via the Website are subject to stock availability and to the validation checks described below. In the unlikely event that you are able to place an Order for an item that is not available from stock, we will contact you as soon as possible. In these circumstances, you will be refunded in full.
We will retain details of your Order in our database which will be handled in accordance with our Privacy Policy. Details of your Order can be made available to you on request.
Product Information
Goods are as described on the Website. However, we reserve the right to make any reasonable and necessary amendments to the product description as may be required from time to time.
Images of the Goods on the Website are for illustrative purposes only. Representations of colour online are as accurate as our photographic and electronic processes will allow. Please note that colour online can also be affected by the calibrations of different output devices.
All weights and sizes are supplied as a guide only and are approximate.
Any buyer’s guides and all other advice articles on our website have been produced by us to help you in your purchasing decisions and to give guidance. They are provided for general information only. If you are in any doubt, you should seek help from an appropriate professional. We accept no liability for any loss, damage or injury arising as a result of the advice contained on our Website.
In the event that there are any errors regarding price or description, we reserve the right to correct that price or description and notify you accordingly. In these circumstances, it will be deemed that a contract has not been entered into and you will not be bound to continue with your purchase. We will cancel your Order and your purchase will be refunded in full. The repayment of such monies paid to us will be the extent of our liability to you in the event of these errors.
The price of the Goods is the price set out on the Website at the time you submit your Order.
The price of goods to be delivered to destinations within the European Union are inclusive of all applicable VAT and/or sales taxes.
The price of goods to be delivered to destinations outside the European Union are exclusive of all applicable VAT and/or sales taxes. You may be required to pay import duties, levies, taxes and/or a customs entry fee prior to, or on delivery of the goods. Customers are advised to check these details before placing an order and under no circumstances will we pay these costs on a customer's behalf.
The prices shown are only applicable to purchases made via the Website. On occasions, the prices payable and promotions offered online may differ from those prices and promotions offered at the same time by an Authorised Dealer. We are under no obligation to honour any Authorised Dealer price or promotion that differs from those online. Similarly, Authorised Dealers are under no obligation to honour any online price or promotion that differs from the in-store price.
Special offers and promotions advertised in the press or other media may be excluded from the Website unless specifically advertised as available online. All offers are subject to availability and while stocks last. This includes all offers advertised via our social media channels.
Unless expressly stated to the contrary, offers cannot be used in conjunction with one another. Where more than one offer is available on the same product only one discount will apply. The offer giving the greatest saving will be applied in the basket.
Conditions of use
Not all bicycles are suitable for all types of riding. Each bicycle has therefore been developed for a well- defined use.
The bicycle listings on our site advise you the suitable use for each bicycle. This is a carefully considered determination based on product design and development, safety requirements and legal requirements. Look to the statement for your bicycle to see which category your bicycle fall within and ensure you adhere to the usage information in the following table.
Please do not ignore this information. DHW Agencies LTD shall not be held liable for any loss, damage, injury or fatality arising from misuse of the product.
| Category of Use | Examples | Description |
|
1 Paved Surfaces only |
Junior (Young Child) | Bikes designed to be ridden by children. Parental supervision is required at all times. Avoid areas involving other vehicles and obstacles or hazards such as inclines, curbs, stairs, drain covers and pools. Do not carry passengers, do not attach a rack or any additional luggage. |
| Performance Road |
Bikes designed for riding on a paved surface where the tyres do not lose ground contact. INTENDED To be ridden on paved roads only. NOT INTENDED For off-road, cyclocross, or touring with racks or panniers. TRADE OFF Material use is optimized to deliver both light weight and specific performance. These frames are likely to be damaged or broken in a crash. They are not designed to take abuse or to be a rugged workhorse. Maximum permissible load: |
|
| 2 General Purpose |
|
Bikes designed for riding on a paved surface, smooth gravel roads and improved trails with moderate grades where the tyres do not lose ground contact. INTENDED For paved roads, bike paths, gravel & dirt roads in good condition. NOT INTENDED For off-road or mountain bike use, or for any kind of jumping. Some of these bikes may have suspension features but these are to add comfort, not off-road capability. Some come with relatively wide tyres that are well suited to gravel or dirt paths or relatively narrow tyres that are best suited to faster riding on paved surfaces. Maximum permissible load:Rider: 100kg Luggage: 20kg Total: 120 kg |
| 3 All Terrain |
|
Bikes also designed for riding on a paved surface, smooth gravel roads and rough trails, small obstacles, and smooth technical areas, including areas where momentary loss of tyre contact with the ground may occur. NOT DESIGNED FOR JUMPING. INTENDED For cross-country riding and racing which ranges from mild to aggressive over intermediate terrain (e.g., hilly with small obstacles like roots, rocks, loose surfaces and depressions). NOT INTENDED For Hardcore Freeriding, Extreme Downhill, Dirt Jumping, or very aggressive or extreme riding. No spending time in the air landing hard and hammering through obstacles. Maximum permissible load:Rider: 100kg Luggage: 5kg Total: 105 kg |
| 4 Off-Road | MTB / All- Mountain |
Bikes also designed for riding on a paved surface, smooth gravel roads and rough trails, small obstacles, and smooth technical areas, including areas where momentary loss of tyre contact with the ground may occur. NOT DESIGNED FOR JUMPING. INTENDED For trail and uphill riding. NOT INTENDED For use in extreme forms of jumping/riding such as hardcore mountain, Freeriding, Downhill, Dirt Jumping etc. No large drop offs, jumps or launches requiring long suspension travel or heavy duty components; and no spending time in the air landing hard and hammering through obstacles. Maximum permissible load:Rider: 100kg Luggage: 5kg Total: 105 kg |
| 5 Extreme Riding |
|
Bikes designed for jumping, hucking, high speeds, or aggressive riding on rougher surfaces, or landing on flat surfaces. However, this type of riding is extremely hazardous and puts unpredictable forces on a bicycle which may overload the frame, fork, or parts. If you choose to ride in this terrain, you should take appropriate safety precautions such as more frequent bike inspections and replacement of equipment. You should also wear comprehensive safety equipment such as a full-face helmet, pads, and body armour. INTENDED For riding that includes the most difficult terrain that only very skilled riders should attempt. NOT INTENDED To be indestructible. There is no guarantee that extreme riding will not break your bike or your body. Appropriate equipment should be worn but cannot guarantee safety in all eventualities. The terrain and type of riding that "extreme" bikes are designed for is inherently dangerous and this kind of riding, bad judgment, bad luck, or riding beyond your capabilities can easily result in an accident, where you could suffer serious injury or fatality. Maximum permissible load: |
Payment Information
We accept payment by most major credit or debit cards and online payment systems. We regret that we are unable to accept payment online by cheque, cash, purchase orders or any other form of payment.
Please ensure that the expiry date of your chosen card is after the anticipated despatch date of your Order. Payment will be debited from your account just before the despatch of your Goods, and if your payment card has expired, we will be unable to take payment and fulfil your Order.
We are not liable for any bank charges that may be incurred by the Customer if sufficient funds are not available at the time when payment is taken.
All credit and debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.
In addition, to prevent fraudulent use of credit and debit cards, we may validate the names, addresses and other information supplied during the Order process against commercially available records. A third party may also be instructed to complete these checks. By ordering from the Website you consent to such checks being made. We may need to contact you by letter, telephone or email to verify details before we are able to process and despatch your Order or we may be unable to accept your Order. Any information given may be disclosed to a registered Credit Reference Agency which may keep a record of the information. All information provided will be treated in accordance with the Data Protection Act 1998, our Terms of Use and our Privacy Policy.
At MODA, we understand the importance for our customers to receive the appropriate information about the products and ways of purchase that we offer to enable them to make an informed decision. Entering into a purchase, using any payment method including finance or cycle to work agreements with its respective terms and conditions can involve a long-term financial commitment, so it is considered crucial at MODA that our customers fully understand their obligations when purchasing. There are occasions when someone who, due to their personal circumstances, may be vulnerable and therefore especially susceptible to detriment.
We therefore need to ensure that we consider the circumstances of each individual and during our dealings with them, tailor our approach, removing any barriers that restrict the customer from accessing our products and achieving a satisfactory outcome.
Communication and accessibility: Provide clear and accessible communication channels, including easy-to-understand language and alternative formats (such as large print or braille), Offer translation or interpretation services for customers with limited English proficiency, Ensure physical facilities are accessible to customers with mobility impairments.
Support and assistance: Designate a specific team or individual responsible for handling vulnerable customer inquiries and providing personalized support, Offer flexible appointment scheduling and extended time for vulnerable customers to discuss their needs or make decisions, Provide assistance with form filling, document submission, or navigating online platforms if required, Establish referral partnerships with external organizations or agencies to connect vulnerable customers with additional support services.
Data protection and confidentiality: Ensure that all personal information shared by vulnerable customers is handled in accordance with data protection regulations and treated with strict confidentiality,Obtain explicit consent from customers before sharing their information with external agencies or organizations, unless legally required or in the customer's best interest.
Complaints and feedback: Provide clear information to vulnerable customers on how to make complaints or provide feedback, including multiple channels (such as phone, email, or in-person), Designate a dedicated contact person to handle complaints related to vulnerable customers promptly and sensitively, Regularly review and analyze complaints to identify areas for improvement in the vulnerable customer support process.
Staff training and awareness: Conduct regular training sessions to raise awareness among employees about vulnerability issues, empathy, and understanding, Frontline staff will be trained to proactively identify vulnerable customers through attentive observation and active listening, Provide ongoing support and resources to employees to ensure they can effectively implement the vulnerable customer policy, Foster a culture of respect, inclusivity, and non-discrimination throughout the organization
Complaints and Queries
If you are not happy with any aspect of our online service, discover a fault with our Website, or if you have any queries or comments relating to an order placed online, please contact us and we will do everything we can to help you. You can contact us at sales@dhwagencies.com / 01704 840992 / DHW Agencies, Unit 9 Hurlston Court, Smithy Lane, L40 8HN, we aim to get back to you within 14 working days.
If we have exhausted our internal complaints handling procedure and we inform you in writing that we cannot settle your complaint, you may refer your complaint to an Alternative Dispute Resolution ("ADR") provider. We are not obliged to participate in ADR. However, a list of certified providers can be found at www.tradingstandards.uk. Alternatively, you may refer the complaint to the EU Commission’s Online Dispute Resolution (ODR) Platform at www.odreurope.com.
Liability
If we fail to comply with these Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Conditions or our negligence. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this Contract.
We only supply the Goods for domestic and private use. You agree not to use the Goods for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We do not in any way exclude or limit our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- any breach of the terms implied by section 9 – 15 of the Consumer Rights Act 2015 (description, satisfactory quality, fitness for purpose and samples);
- any breach of the terms implied by section 17 of the Consumer Rights Act 2015 (title and quiet possession); and
- defective products under the Consumer Protection Act 1987.
Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
Variation
We may amend these Conditions from time to time. Each time you order Goods from us, the Conditions in force at the time of your Order apply to the Contract between you and us.
Other Important Terms
This Contract is between you and us. No other person shall have any rights to enforce any of its terms. We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Conditions.
You may only transfer your rights or your obligations under these Conditions to another person if we agree in writing.
Each of the clauses of these Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Jurisdiction
These Terms and Conditions shall be subject to the laws of England and the courts of England and Wales shall have exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with these Terms and Conditions including orders for goods.
You agree that the courts of England and Wales will have non-exclusive jurisdiction.
