Peddle My Wheels (PMW) Terms and Conditions for Bike Markets

 

OUR TERMS

  1. THESE TERMS
    • What these terms cover. These are the terms and conditions on which we supply goods or services to you.
    • Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide good or services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
    • In these terms:
      1. Pop-up Bike Market : means a public or school market in the UK where we operate a pop-up market stall offering for sale used, ex-hire and / or pre-owned / second-hand products.
      2. Bike Seller(s) : means an individual consumer to whom we supply bike-sale services on these terms and conditions.
      3. Bike Buyer(s) : means an individual consumer to whom we supply used goods on these terms and conditions.
  1. INFORMATION ABOUT US AND HOW TO CONTACT US
    • Who we are. We are Peddle My Wheels Limited a company registered in England and Wales. Our company registration number is 07998944 and our registered office is at 19-25 Neville Road, Croydon CR0 2DS. Our registered VAT number is 248174003.
    • How to contact us. You can contact us by writing to us at info@peddlemywheels.com or Unit 3, 17-25 Neville Road, Croydon CR0 2DS.
    • How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order or Market Order Form via our website (https://www.peddlemywheels.com/market-order-form) or any other means.
    • "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
  2. OUR CONTRACT WITH YOU – BIKE SELLERS
    • Our bike-sale services. We invite you to bring your unwanted bike(s) to one of our Pop-up Bike Markets across the UK where we will inspect these and confirm whether you are eligible for our bike-sale service. Below, we set out how our bike-sale service operates:
      1. We will inspect your bike(s) at one of our Pop-up Bike Markets and confirm to you whether the bike(s) are eligible for our bike-sale service.
      2. We will agree with you a sale price for your bike(s). Our recommendations on a suitable sale price will be made after inspection of the bike(s) and a discussion with you regarding the history, ownership, usability and defects with the bike(s). If you do not specify a sale price for your bikes(s), we will advertise your bike at our recommended sale price.
      3. We will retain your bike(s) in our possession indefinitely (or until you come and collect the bike from our workshop) and will carry out a full inspection / service of your bike(s) including any repairs which we deem necessary in order to ensure the bike(s) are roadworthy, safe and comply with consumer legal rights under the Consumer Rights Act 2015 (see Clause 2).
      4. We will offer your bike(s) for sale to potential customers at our future Pop-up Bike Markets for the agreed sale price, or our recommended sale price. On the sale of your bike(s) to our customer, we will contact you to confirm the sale price achieved.
      5. We will retain a percentage of the sale proceeds as payment for our services. We will retain 25% of the total sale proceeds or an alternative percentage, if agreed at the time of your order. We will also deduct any costs in respect of our service / repair of your bike(s) from the sale proceeds. We will then pay the remainder of the sale proceeds to you.
      6. Payments will be made via bank transfer to your nominated account confirmed to us in writing at the time of accepting your order. We endeavour to make payments each Monday, or the next working day if this is a public holiday.
      7. In the event that your bike(s) have not been sold by us within a period of one year from the date we began to provide the bike-sale service and you have not cancelled the services in accordance with clause 10 and collected the bike(s) in accordance with clause 10.5, we reserve the right to cease providing the services and will be entitled to recycle the parts of the bike(s) or otherwise dispose of the bike(s) as we see fit. In these circumstances, no sale proceeds will be due to you.
    • How we will accept your order for services. Before accepting your order for our bike-sale services, we will require you to show us suitable photographic ID to confirm your identity. Our acceptance of your order will take place when we tell you that we are able to provide you with the services at our Pop-up Bike Market, which we will also confirm in writing to you, at which point a contract will come into existence between you and us.
    • If we cannot accept your order for services. If we are unable to accept your order, we will inform you of this and will not charge you for the services. This might be because we consider your bike(s) unsuitable for sale, because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the services.
    • If we have concerns over your ownership. If we have any concerns over your ownership of the bike(s) for which we are providing the bike-sale service or we receive any correspondence or information from a third-party alleging to be the true owner of the bike(s), we reserve our rights to report you to the police and retain the bike(s) in our safe custody or as otherwise directed by the police until the matter is resolved.
    • Your account. We will email you your online account details when we accept your order. It will help us if you can tell us your username whenever you contact us about your order.
    • We only sell to the UK. Our website is solely for the promotion of our services in the UK. Unfortunately, we do not accept orders from addresses outside the UK.
  3. PROVIDING THE SERVICES – BIKE SELLERS
    • When we will provide the services. We will supply the services to you from the date we accept your order until we have completed the services, or until either you end the contract for the services as described in Clause 10 or we end the contract by written notice to you as described in Clause 11.
    • We are not responsible for delays outside our control. If our performance of the services is affected by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any services you have paid for but not received.
    • What will happen if you do not provide required information to us. As we informed you in the description of the services on our website, we will need certain information from you so that we can provide the services to you, for example, name, address, contact details and information regarding the bike(s) you wish to sell. We will contact you to ask for this information. If you do not, within a reasonable time of us asking for it, provide us with this information, or you provide us with incomplete or incorrect information, we may either end the contract (see Clause 1b)) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for providing the services late or not providing any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
    • Reasons we may suspend the services. We may have to suspend the services to:
      1. deal with technical problems or make minor technical changes;
      2. update the services to reflect changes in relevant laws and regulatory requirements;
      3. make changes to the services as requested by you or notified by us to you (see Clause 8).
    • Your rights if we suspend the services. We will contact you in advance to tell you we will be suspending the services, unless the problem is urgent or an emergency. You may contact us to end the contract if we suspend the services, or tell you we are going to suspend them, in each case for a period of more than 6 weeks however in the event that we have carried out a service or repairs to your bike(s), you will be responsible for paying our costs for these services.
  4. OUR CONTRACT WITH YOU – BIKE BUYERS
    • How we will accept your order. Below, we set out how a legally binding contract between you and us is made.
      1. Before attending a pop-up bike market, you should complete our Market Order Form on our website (https://www.peddlemywheels.com/market-order-form). This allows you to give us details of the Pop-up Bike Market which you will be attending, and the type, number and specification of used bike(s) that you are looking to purchase.
      2. We will consider your Market Order Form and aim to respond to you in writing or by telephone up to 24 hours before your chosen Pop-up Bike Market date to confirm whether we have any used bikes which meet your enquiry specification and which we are able to bring to the Pop-up Bike Market for you to inspect.
      3. The Market Order Form and any correspondence between us before you attend the Pop-up Bike Market does not constitute a binding offer by us to supply such goods.
      4. Our acceptance of your order will take place at the Pop-up Bike Market when we tell you that we are able to provide you with the goods, at which point a contract will come into existence between you and us.
    • If we cannot accept your order. If we are unable to accept your order, we will inform you of this. This might be because the goods are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
    • We only sell to the UK. Our website is solely for the promotion of our goods in the UK at our Pop-up Bike Markets. Unfortunately, we do not accept orders from addresses outside the UK.
  5. OUR GOODS – BIKE BUYERS
    • Goods are used, ex-hire models or pre-owned / second-hand. The goods sold at our Pop-up Bike Markets are used and are not supplied as new. These may be ex-hire models under our Try Before You Bike Scheme (https://www.peddlemywheels.com/try-before-you-bike), or pre-owned / second-hand bikes which we have purchased or are selling on behalf of the owner.
      1. The Consumer Rights Act 2015 gives you certain legal rights, for example, that the goods: (a) are of satisfactory quality; (b) are fit for purpose; and (c) match the description, sample or model. We must provide you with goods that comply with your legal rights.
      2. As the goods are used, ex-hire models and/or are pre-owned / second-hand, the standard of quality that you may reasonably expect under your legal rights is lower.
      3. The goods may be subject to minor flaws including (but not limited to): scratches, dents, flaws in the finish, discolouration, and evidence of prior fitting or use.
      4. We will bring any known flaws, faults or defects in the goods to your attention prior to purchase.
      5. You should also inspect the goods at the Pop-up Bike Market prior to purchase to ensure they are of satisfactory quality for their intended use and so that you are aware of any flaws, faults or defects. You should be aware that your legal rights (see Clause 2) are subject to any defects with the goods which your inspection ought to reveal.
    • Goods have been serviced. Although you are purchasing second-hand goods and should expect the standard of quality to be lower, the goods will have undergone a basic inspection, service and/or repair by us before being sold to you and will be roadworthy and of satisfactory quality at the date of sale. We would recommend that second-hand goods are serviced regularly throughout their lifespan in order to ensure these remain safe and roadworthy.
    • Goods may vary slightly from their pictures. Any images of the goods on our website or supplied to you in communications between us are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your goods may vary slightly from those images.
    • Packaging may vary. The packaging of the goods may vary from that shown in images on our website or supplied to you in communications between us.
  6. PROVIDING THE GOODS – BIKE BUYERS
    • When we will provide the goods. During the Market Order Form enquiry process we will let you know when we will provide the goods to you. We will endeavour to provide the goods at the Pop-up Bike Market of your choice but subject always to Clause 2.
    • We are not responsible for delays outside our control. If our supply of the goods is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event. You are reminded that a legally binding contract will not come into existence between you and us until our acceptance of your order at the Pop-up Bike Market when we tell you that we are able to provide you with the goods.
    • Collection by you. We require you to collect the goods from our Pop-up Bike Market. You can collect them from us at any time during our working hours at the Pop-up Bike Market, details of which can be found at: https://www.peddlemywheels.com/public-markets. Delivery is not available for our used goods.
    • If you do not re-arrange collection. If you do not collect the goods from us as arranged, we will contact you for further instructions. If, despite our reasonable efforts, we are unable to contact you, we are not obliged to bring the goods to a future Pop-up Bike Market for you to examine. You are reminded that a legally binding contract will not come into existence between you and us until our acceptance of your order at the Pop-up Bike Market when we tell you that we are able to provide you with the goods.
    • When you become responsible for the goods. The goods will be your responsibility from the time you or a carrier organised by you collect it from us.
    • When you own goods. You own the goods once we have received payment in full.
    • What will happen if you do not give required information to us. We may need certain information from you so that we can supply the goods to you, for example, name, address, contact details. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we will not be responsible for supplying the goods late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
    • Reasons we may suspend the supply of goods to you. We may have to suspend the supply of goods to:
      1. deal with technical problems or make minor technical changes; or
      2. update the goods to reflect changes in relevant laws and regulatory requirements.
    • Your rights if we suspend the supply of goods. We will contact you in advance to tell you we will be suspending supply of goods, unless the problem is urgent or an emergency. You are reminded that a legally binding contract will not come into existence between you and us until our acceptance of your order at the Pop-up Bike Market when we tell you that we are able to provide you with the goods.
  7. YOUR RIGHTS TO MAKE CHANGES IF YOU ARE A BIKE SELLER OR A BIKE BUYER
    • If you wish to make a change to the goods or services you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the goods or services, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
    • If you are a Buyer, you are reminded that a legally binding contract will not come into existence between you and us until our acceptance of your order at the Pop-up Bike Market when we tell you that we are able to provide you with the goods.
  8. PRICE AND PAYMENT IF YOU ARE A BIKE SELLER OR A BIKE BUYER
    • If you are a Bike Seller:
      1. Where to find the price for the services. The cost of the services (which includes VAT) are as confirmed to you at the Pop-up Bike Market. We use our best efforts to ensure that the price of the services advised to you is correct. However please see Clause 1c for what happens if we discover an error in the price of the services you order.
      2. We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we provide the services, we will adjust the rate of VAT that you pay, unless you have already paid for the services in full before the change in the rate of VAT takes effect.
      3. What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the service's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the service's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, return your bike(s) and not perform the services.
      4. When you must pay and how you must pay. We will deduct the agreed percentage from the sale proceeds of your bike(s) as payment for our services, along with any costs we have incurred in servicing and / or repairing your bike(s) so they are suitable for sale. We will provide you with a receipt setting out these charges when we make the payment of the remaining sale proceeds to you.
      5. What to do if you think an invoice is wrong. If you think a receipt is wrong please contact us promptly to let us know and we will use our best efforts to resolve the dispute.
    • If you are a Bike Buyer:
      1. Where to find the price for the goods. The cost of the goods (which includes VAT) are as set out at the Pop-up Bike Market. We use our best efforts to ensure that the price of the goods advised to you is correct. However please see Clause 2c for what happens if we discover an error in the price of the goods you order.
      2. How and when you must pay. You must pay for the products at the Pop-up Bike Market before you collect. We accept cash and payment via debit and credit cards. All payments by credit card or debit card need to be authorised by the relevant card issuer. We do not accept cheques.
      3. What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will request your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
  1. YOUR RIGHTS TO END THE CONTRACT IF YOU ARE A BIKE SELLER OR BIKE BUYER
    • You can always end the contract for the supply of goods or services before it has been completed. You may contact us to end your contract for goods or services at any time before we have completed supplying it and you have paid for it, but in some circumstances we may charge you for doing so, as described below. Of course, you always have rights where a product is faulty or mis-described (see Clause 12, "If there is a problem with the products").
    • What happens if you have a good reason for ending the contract. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any goods or services which have not been provided or have not been provided properly and you may also be entitled to further compensation. The reasons are;
      1. we have told you about an upcoming change to the goods or services or these terms which you do not agree to;
      2. we have told you about an error in the price or description of the goods or services you have ordered and you do not wish to proceed;
      3. there is a risk that supply of the goods or services may be significantly delayed because of events outside our control;
      4. we have suspended supply of the goods or services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 6 weeks; or
      5. you have a legal right to end the contract because of something we have done wrong.
    • What happens if you end the contract without a good reason. If you are not ending the contract for one of the reasons set out in Clause 2a to 10.2e, then the contract will end immediately and we will refund any sums paid by you for goods or services not provided but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the contract.
    • Tell us you want to end the contract. To end the contract with us, please let us know by doing the following:
      1. Email. Email us at info@peddlemywheels.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
    • Returning products after ending the contract.
      1. If you end the contract for goods any reason after goods have received by you, you must allow us to collect them from you. Please email us at info@peddlemywheels.com to arrange collection.
      2. If you end the contract for services, because we have told you of an upcoming change to the services or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you are exercising your legal rights to end the contract because of something we have done wrong then we will pay the costs of returning your bike(s) to you. In all other circumstances, you must arrange to collect your bike(s) from us. Alternatively, we can arrange delivery but you will be responsible for paying the delivery costs. Please email us at info@peddlemywheels.com to arrange collection or delivery.
  1. OUR RIGHTS TO END THE CONTRACT IF YOU ARE A BIKE SELLER OR BIKE BUYER
    • We may end the contract if you break it. We may end the contract for goods or services at any time by writing to you if:
      1. you do not make any payment to us when it is due and you still do not make payment within 28 days of us reminding you that payment is due; or
      2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the goods or services; or
      3. you do not, within a reasonable time, allow us to deliver the goods or services to you or collect them from us.
    • You must compensate us if you break the contract. If we end the contract in the situations set out in Clause 1a to 11.1c, we will refund any money you have paid in advance for goods or services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
    • We may withdraw the goods or services. We may write to you to let you know that we are going to stop providing the goods or services. We will let you know at least 2 weeks in advance of our stopping the supply of the goods or services and will refund any sums you have paid in advance for the goods or services which will not be provided but reserve the right to request reimbursement from you for the costs we have incurred in servicing and / or repairing your bike(s) so they are suitable for sale.
  2. IF THERE IS A PROBLEM WITH THE GOODS OR SERVICES IF YOU ARE A BIKE SELLER OR BIKE BUYER
    • How to tell us about problems. If you have any questions or complaints about the goods or services, please contact us. You can email us at info@peddlemywheels.com. Alternatively, please speak to one of our staff at a Pop-up Bike Market.
    • Summary of your legal rights. We are under a legal duty to supply goods and services that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.

 

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

If your product is goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

a) Up to 30 days: if your goods are faulty, then you can get an immediate refund. 

b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases. 

c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.  

However, at all times you should be aware that the goods supplied under these terms are used, ex-hire models, pre-owned or second-hand and therefore the standard of quality you can expect is lower than if purchasing a new bike.

If your product is services, the Consumer Rights Act 2015 says:

a) You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.

b) If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.

c) If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.

  • Your obligation to return rejected goods. If you wish to exercise your legal rights to reject goods you must either return them in person to one of our Pop-up Bike Markets or allow us to collect them from you. We will arrange collection and pay the costs. Please email us at info@peddlemywheels.com to arrange collection.
  1. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BIKE SELLER OR BIKE BUYER
    • We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
    • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at Clause 2.
    • We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in Clause 4.
    • Subject to Clause 2:
      1. we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
      2. our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the value of the total sums paid by you for goods or services.
  1. HOW WE MAY USE YOUR PERSONAL INFORMATION
    • How we may use your personal information. We will only use your personal information as set out in our Privacy Policy

https://www.peddlemywheels.com/assets/uploads/files/privacy-policy.pdf

  1. OTHER IMPORTANT TERMS
    • We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
    • Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
    • If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    • Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
    • Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.