TERMS & CONDITIONS

General

 

These Terms were last updated on [insert date].

Introduction

These terms and conditions (‘Terms’) set out the terms and conditions on which you may access and use the Brompton website at www.bromptonsubscription.com (the ‘Website’) and (if applicable) sign up to our subscription service and hire a Brompton bicycle (“Bicycle”).

Please read these Terms carefully before using any aspect of the Website as, by accessing or using the Website and (if applicable) by subscribing for our hire service, you indicate that you accept these Terms and agree to abide by them.  If you do not agree to these Terms, you must not use or access the Website.

We will process any personal data provided to us in line with our privacy policy.

The Website is owned and operated by Brompton Bike Hire Limited, a company registered in England and Wales under company number 1261512 with registered address at Unit 1, Ockham Drive, Greenford, London, UB6 0FD.  In these Terms we use ‘Brompton’, ‘we’, ‘our’ and ‘us’ to refer to Brompton Bike Hire Limited.

Subscription

To subscribe for the hire service you must be 18 years of age or older and a resident of the United Kingdom.

To subscribe simply click on the service that you wish to purchase and complete the information requiredOnce your subscription request has been received our Customer Support Team may carry out a soft credit check.  This soft credit check allows us to confirm your credit status without affecting your credit rating.  Our Customer Support Team will then be in touch to make arrangements for the delivery of a Bicycle to you.  Our Customer Support Team will also let you know if for any reason your subscription request has not been accepted.

Your subscription request is an offer by you to purchase the service from us.  Our acceptance of your request will take place only when we deliver a Bicycle to you.  We may refuse to accept or fulfil any order in our absolute discretion.

Price and Payment

The price of our hire services will be as quoted on our Website from time to time, except in the case of obvious error.  All prices are displayed in Pounds Sterling inclusive of UK VAT where applicable.  Our VAT number is GB646228334.

During the subscription process you will be asked to sign up to make paymenst by direct debit.  All payments due to us under these terms (including all monthly hire payments and any default payments due) will be deducted from your account through direct debit.  If for any reason any payment is refused we will have the right to request the payment from you or recover the Bicycle provided to you.  We may charge you for any costs incurred by us in seeking further payment or recovering the Bicycle together with the balance of the monthly hire payments included within the minimum term of your chosen hire service and any default payments due.

Your first hire payment will be taken on or about the day a Bicycle is delivered to you and will be pro-rated to reflect the number of days left in the then current calendar month.  Subsequent payments will be deducted from your account on or about the 1st of each month during the term of your hire.

Delivery

Delivery of a Bicycle will take place once it has been dispatched to your chosen address (subject to this service being available) or you have collected it from the Brompton Bike Hire dock location agreed with our Customer Support Team (as appropriate).  Currently we deliver Bicycles once a month, on or about the 1st of each month. Our Customer Support Team will provide you with an estimated date when a Bicycle will be delivered or available for collection and we shall use reasonable endeavours to deliver to the stated location by the date and time that we agree with you.  We will let you know of any delays that may occur as quickly as possible.  If these delays persist beyond a reasonable time you will be given the option to cancel your subscription request.

Hire

We are hiring, and you agree to hire, the Bicycle provided to you on the terms set out in these terms.

The Bicycle provided to you remains our property at all times and you have no right or interest in it otherwise as bailee (or, in Scotland, a hirer).

Your Obligations

You must not sell of otherwise part with possession of the Bicycle except for the purpose of its maintenance or repair.

You must not modify or alter the Bicycle in any way.

Your must keep the Bicycle securely stored when it is not in use.

You must maintain the Bicycle in good working order and condition at your own expense in accordance with our instructions.

You must promptly arrange for the Bicycle to be serviced by us when we tell you it is due for a service.

You must ensure that you are competent to ride and use the Bicycle safely at all times.

You must not take or use the Bicycle outside the UK without our prior written consent.

Our Obligations

We will ensure that the Bicycle is in good and working condition when it is delivered to you.  You must notify us within 24 hours of delivery is you consider the Bicycle is damaged or not in good working order.

Should your Bicycle develop a defect at any time and provided that you have complied with your obligations under these terms, we will make reasonable endeavours to repair the fault within 7 working days or provide a replacement Bicycle.

Damage, Theft or Loss or Bike

Once your Bicycle has been delivered to you, risk in that Bicycle passes to you and you are responsible for any loss, theft or damage to that Bicycle until such time as you return it back to us in accordance with these terms. You agree to indemnify us against any and all loss or damage to the Bicycle and against any loss, damage or injury caused by the Bicycle.

You must promptly notify our Customer Support Team by emailing bdsupport@bromptonbikehire.co.uk of (i) any loss or damage to the Bicycle, (ii) or any loss or damage caused by your use of the Bicycle; or (iii) if the Bicyclle is stolen or you suspect it has been stolen.  In any of these events occur you will stil be responsible for making all remaining hire payments due under the minimum term of your hire and for any default payment due. Default payments will be calculated according to the severity of damage to the Bicycle.  Loss, theft or irreparable damage to the Bicycle will be subject to a default payment of £550.

Insurance

You are not under any  obligation to insure the Bicycle however the cost of insurance is included within your monthy hire payment and you may choose to benefit from this. If you wish to do so, please follow the instructions provided to you in the email confirming your subscription request.

In the event that there is any shortfall between the cost of making good the damage to the Bicycle or compensating us for its loss or theft and the pay out received under the insurance, you agree to pay us that shortfall on demand.

Your Right to Cancel

If for any reason you change your mind and wish to cancel your hire of a Bicycle please let us know by contacting the Customer Support Team on bdsupport@bromptonbikehire.co.uk

Any request to cancel must be made within 14 days of your taking delivery of the Bicycle.  If you cancel the services after you have taken delivery of the Bicycle you will be required to pay us for the period up until the time that you return the Bicycle to us.

Your hire of a Bicycle is fixed for a minimum term however in certain circumstances we may consider releasing you early from this minimum obligation.  Those circumstances are: pregnancy, serious illness, serious injury or redundancy.  We may require you to produce proof, satisfactory to us, of the circumstance relied upon.

If you have subscribed for the Flexi service, then you may terminate your subscription by contacting bdsupport@bromptonbikehire.co.uk at any time, and providing us with at least 30 days’ notice, such notice to end on the first day of any month.  This means that, for example, if you wish for your subscription to end on 1 September, you should notify us by no later than 2 August.

Default

You will be in default if you:
(i)                   are in breach of any of these terms;
(ii)                 the Bicycle becomes lost, stolen or damaged;
(iii)                are presented with, or suffer, a bankruptcy petition; or
(iv)                enter into, or takes steps to enter into, a composition with your creditors.
On the happening of any event referred above, we may, after sending a default notice:
(i)              end this hire agreement;
(ii)             repossess the Bicycle and, under an order of the Court or with your consent given at that time, enter any premises where the Bicycle is or is believed to be; and
(iii)        recover from you:
(a)         all arrears of hire payments and other sums payable under these terms;

(b)         all costs and expenses incurred in repossessing, repairing, storing, insuring and selling the Bicycle, delivering it to a buyer and any sales commission paid in connection with its sale; and

(c)         as compensation and/or liquidated damages for breach of these terms, a sum equal to the aggregate of all hire payments which would, but for termination of these terms, have become due and payable under these terms from the date of termination to the end of the term of the hire, less a discount for accelerated payment calculated at the rate of 5% on each hire payment from the date of termination to the dates on which the hire payment would have become payable but for termination, less the net proceeds of sale of the Bicycle, if repossessed and sold or its value as determined by us, if not sold.
Obligations following Termination or Expiry
On the termination of expiry of these terms we will contact you to arrange the return of the Bicycle to us.  Once the Bicycle has been returned to us we will inspect it and contact you within 30 days with details of any default payment due.
Complaints

We always try to offer the best service possible.  However, if you are unhappy with any service provided by us please contact our Customer Support Team by contacting bdsupport@bromptonbikehire.co.uk .  We will do our best to resolve your complaint as quickly and as fairly as possible.

If you’re not satisfied with the outcome of your complaint, or if we fail to do so within eight weeks, you can take your complaint to the Financial Ombudsman Service at Exchange Tower, London E14 9SR. Telephone 0800 023 4567 or at www.financial-ombudsman.org.uk.

Prohibited uses of the Website

In using the Website, you are prohibited from:

  • any unlawful use or any use inconsistent with these Terms including acting fraudulently or maliciously – for example, any hacking into or inserting malicious code, such as viruses, or harmful data, into the Website, any service or operating system;
  • infringing our intellectual property rights or those of any third party in relation to your use of the Website;
  • transmitting any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Website;
  • using the Website in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
  • collecting or harvesting any information or data from any Website or our systems or attempting to decipher any transmissions to or from the servers running any Website.

Intellectual Property Rights

All intellectual property rights in the Website and any and all material published on or available via the Website (including but not limited to text, graphics, photos, logos, button icons, images, trade marks, audio and audio visual clips, databases, data compilations, documents, data and software) throughout the world belong to us (or our licensors) and the rights in the Website and any such material are licensed (not sold) to you subject to these Terms. You have no rights in, or to, the Website or the material published on or available via the Website other than the limited right of use in accordance with these Terms. For the avoidance of doubt you may not, without our prior written consent:

  • copy, reproduce, use or otherwise deal with any content on the Website;
  • modify, distribute or re-post any content on the Website for any purpose; or
  • commercially exploit the content of the Website.

Computer Viruses

We will use reasonable endeavours to ensure that no part of the Website will contain or spread any viruses or other malicious code. However, we recommend that you ensure that computers/devices used to access the Website run up-to-date anti-virus software as a precaution.

Our Liability to You

These Terms are not intended to, and shall not , limit or exclude any liability that we are not permitted to limit or exclude under applicable law , including our liability for personal injury or death caused by our negligence, for fraud or fraudulent misrepresentation, or for our breach of applicable consumer laws or your statutory rights as a consumer.

We are only responsible for losses that are a foreseeable consequent of our breach of these Terms.  We will not be liable to you to the extent we are prevented or delayed from complying with our obligations under these Terms by anything you (or anyone acting on your behalf) do or fail to do or due to evens which are beyond our reasonable control.

We only supply products for domestic and private use.  We will not be liable for any losses related to any business of yours including (without limitation) lost data, lost profits, lost revenues or business interruption.

Law and Jurisdiction

These Terms, and any dispute or claim arising out of or in connection with these terms and conditions of Terms and/or your use of the Website , shall be governed by English law and subject to the exclusive jurisdiction of the courts of England and Wales.

Third Party Rights

Only you and Brompton shall be entitled to enforce these Terms.  No other person shall be entitled to enforce any of these Terms, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise. However, we may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and will ensure that the transfer does not affect your rights under these Terms.

Ending your rights under these Terms

We may end your rights to use the Website if you break these Terms in a serious way. If you can put what you have done right, we may give you a reasonable opportunity to do so.

If we end your rights to use the Website you must stop all activities authorised by these Terms, including your use of the Website.

Online Dispute Resolution

Brompton currently does not participate in the alternative dispute resolution procedure accessible through the EU Online Dispute Resolution Website.

Changes to these Terms

We reserve the right to change and update these Terms from time to time, in order to reflect changes in law or best practice, changes in our business practices, or to deal with additional features of functionalities which we may introduce to the Website or products available via the Website.

We will notify you in advance of any material changes to these Terms via messaging on the Website. By continuing to use the Website after changes are notified and have come into effect, you are accepting those changes and will be bound by them. If you do not agree to any changes, you should immediately cease using the Website.  However, the terms and conditions that apply to the contract for any purchase of our products shall be those that were in force at the time the contract was formed.

 

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