TERMS AND CONDITIONS
1 www.lolabicycles.com is a site operated by Lola Bicycles Pte Ltd (UEN No. 201603595R).Lola Bicycles is a company registered in Singapore, having its registered office at 120 TanjongRhu Road, 07-02 Casuarina Cove, Singapore 436904. Lola Bicycles principal business activities include the manufacture, distribution, supply and sale of bicycles, bicycle parts and accessories.
2 Lola Bicycles can be contacted in writing at the address above, or by e-mail at email@example.com
3 “Buyer” or “you” shall mean any person, sole proprietor, partnership, business, body corporate or other entity detailed in the appropriate section of the sales invoice/order form and shall include all successors, heirs and assigns. Where a person deals entirely as a consumer, their legal rights shall remain unaffected. Any reference to you within these terms and conditions shall be as a consumer buyer unless specified as being a reference to a trade buyer.
4 “Goods” shall mean the items detailed in the appropriate section of the sales/order form.
5 “Price” shall mean the amount payable to Lola Bicycles for the Goods plus any fees, duties, levies or taxes such as GST (if applicable, and if so, at the rate applicable from time to time), and the amount paid to the delivery service provider for the supply of delivery services, unless otherwise stated. You should note that prices quoted may vary during the currency of brochures (upwards or downwards) and current prices are quoted at the time of order.
6 These terms and conditions (and no others) shall apply to all of our quotations, orders and contracts for the sale or supply of Goods by Lola Bicycles. Any other terms or representations, whether express or implied, made prior to, collateral with or subsequent to the contract or order, are hereby excluded and shall not be binding upon us.
7 We reserve the right to amend technical or clerical errors in any order without notice. In addition, you shall ensure that all details contained within the order are correct and we shall not accept any liability for any error or inaccuracy in any order.
PLACING AN ORDER
8 After placing an order online, you will receive an email from us acknowledging that we have received your order for the Goods, and the delivery services you have requested from the delivery service provider. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to Lola Bicycles to buy Goods. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you a separate email that confirms that the Goods have been or will be dispatched by the delivery service provider (the “Dispatch Confirmation”). The contract between you and Lola Bicycles will only be formed when we send you the Dispatch Confirmation.
9 The contract will relate only to those Goods whose dispatch (by the delivery service provider) we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Goods which may have been part of your order until the dispatch of such Goods has been confirmed in a separate Dispatch Confirmation.
10 Order payments are taken in full at the time of order, regardless of stock. The Price paid represents an amount to us for the supply of Goods, and an amount collected by us on behalf of the delivery service provider for the supply of delivery services.
CANCELLATION BY YOU
11 You may cancel your order for any or all Goods at any time up to the expiration of twenty-four (24) hours from the time you place your order (regardless of whether you have received a Dispatch Confirmation). You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
12 To cancel your order, you must notify us in writing by e-mail to firstname.lastname@example.org. When cancelling in writing please provide the following wording and details about your order:
“I hereby give notice that I wish to cancel my contract of sale of the following goods ordered on [date]:
[Name of consumer]
[Address of consumer]
[Signature if possible]
13 You acknowledge and agree that your order is not cancelled until you receive an email from us confirming the cancellation of your order (“Cancellation Confirmation”).
14 Once we have confirmed the cancellation of your order and sent you the Cancellation Confirmation, the Price debited to Lola Bicycles will be re-credited to you or your Paypal account as soon as possible and in any event within thirty (30) days of the Cancellation Confirmation.
CANCELLATION BY LOLA BICYCLES
15 Regardless of whether we have sent you a Dispatch Confirmation, we reserve the right to cancel your order or terminate the contract between us at any time without liability and without providing any reason if:
‚ó¶ We have insufficient stock to deliver the Goods you have ordered
‚ó¶ The delivery service provider does not deliver to your area
‚ó¶ One or more of the Goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers
‚ó¶ We have reason to suspect that there is a risk of a fraudulent transaction
‚ó¶ Any other reason we may reasonably possess
16 If we do cancel your order or terminate the contract between us, we will notify you by email and will re-credit to you or your Paypal account the Price deducted by us as soon as possible but in any event within thirty (30) days of your order. You acknowledge and agree that we will not liable for, nor be obliged to offer, any additional compensation.
17. Title to the Goods shall pass to you when the Goods ordered are collected on your behalf by the delivery service provider and leave our warehouse or the warehouse of our agents or suppliers, wherever located. In the event that sums owing in respect of other Goods ordered within a single order remain due, we shall apportion the sums owing for such Goods without prejudice to our right to retain title in respect of all Goods ordered.
18. Once title to the Goods has passed to you as aforesaid, they will be held at your own risk and we will not be liable for their damage, loss or destruction.
19. Where we have arranged delivery on your behalf with a third party delivery service provider, any claims for loss or damage in transit should be made directly to the delivery service provider. You should retain all packaging in the event of a claim or return within the terms of these terms and conditions.
20. You must notify us in writing by email to email@example.com of any shortage, damage, defects or misdelivery in any Goods ordered immediately, or at the latest within three (3) days of delivery, failing which we shall not be liable for any such shortage, damage, defects or misdelivery. Lola Bicycles shall be at liberty to request that you provide further information of the alleged shortage, damage, defects or misdelivery in the Goods (“Returned Goods”), including requesting that you provide photographic evidence of the same. You further acknowledge and agree that it shall be reasonable for us to inspect, repair or replace (at our option) any damaged or defective Goods (or part(s) thereof) and to allow our suppliers or manufacturers to undertake inspections so as to allow production methods to be modified. You also acknowledge and agree that we may replace such damaged or defective Goods (or part(s) thereof) with goods or parts of similar quality and purpose. You further acknowledge and agree that we may, at our discretion, choose not to repair or replace any damaged or defective Goods (or part(s) thereof), and to refund you the Price (or such part of the Price as we deem fit), with no liability to us thereafter.
21. You are not to arrange for delivery to us of the Returned Goods unless you have received written directions from us to do so. We shall not be liable for the costs incurred for such delivery to us unless we have expressly directed you in writing to do so.
22. Once you have discovered any shortage or damage to the Goods, you are to discontinue unpacking the Goods. You should return all packagingto us when requested by us to do so.
TAXES, DUTIES, FEES, LEVIES & OTHER DUES
23. Deliveries whether within or outside Singapore may be subject to customs, legal, regulatory and certain practical restrictions. It is your responsibility to pay any and all taxes, duties, fees customs authority in order to release the Goods to you. Please ensure that you enter the correct international delivery address and postcode. If the address is entered incorrectly or if customs duties or formal customs entry procedures are required, the delivery may be delayed. We are unable to offer you any assistance if either issue arises. Customs policies vary widely from country to country, therefore you are advised to check the local requirements in your country when placing an order.
24. If you neglect, fail or refuse to pay these charges, what happens to the Goods is out of our control. In the event that the Goods are returned without any charge or damage to us, we will (at our discretion) refund the Price to you. In the event that the Goods are returned to us but a delivery charge is levied on us to return the goods, or if the Goods are damaged, we will refund you the Price less the charge levied on us and/or the damage. It is possible that the Goods will not be returned to us, in which case no refund of the purchase price will be given to you. In any event, Goods that are returned due to you refusing or failing to pay any of the charges outlined in this paragraph will not be entitled to a refund of the delivery charge.
25. You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase Goods from our website. We make no representation and accept no liability in respect of the export or import of the Goods you purchase.
ASSEMBLY, INSTALLATION AND USE OF GOODS
26. Any advice given by our employees, agents or servants is based entirely upon information provided by you. Where advice is given by our employees, agents or servants, such advice shall amount to an opinion only and we shall not accept liability for any inaccuracies therein. Goods supplied are supplied only to correspond to the purpose for which Goods of that kind are commonly supplied and not for any alternative uses to which they may be put. We shall accept no liability for any failure of Goods due to any such alternative use, amendment or modification.
27. You confirm that you shall comply with any and all rules relating to assembly installation of the Goods and fully accept that we shall not be liable for any loss which results from forced, misdirected, inappropriate or unqualified installation of any Goods or not adequately maintained the Goods.
28 Any Goods, or parts of them, that are modified or adapted by you or any third party shall no longer be warranted by the manufacturer nor shall we be liable for any failures resulting from any such modification or adaptation.
29 Notwithstanding any provision to the contrary in these Terms and Conditions or in any other agreement between Lola Bicycles and you, except in respect of death or personal injury caused by Lola Bicycle’s negligence, Lola Bicycles shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, for any indirect, special, or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of Lola Bicycles, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by you, and the entire liability of Lola Bicycles under or in connection with its contract with you shall not exceed the Price.
EVENTS BEYOND OUR CONTROL
30 We shall accept no liability in respect of any failure to deliver Goods you have ordered or any delay in doing so or for any damage or defect to Goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident, acts of God, war, terrorism or actions by third parties.
CONTRACTS (RIGHTS OF THIRD PARTIES) ACT (CAP 53B)
31 Lola Bicycles and you agree that a person who is not a party to this contract has no right under the Contracts (Rights of Third Parties) Act (Cap 53B) to enforce or to enjoy the benefit of any term of this contract.
32 You acknowledge and agree that Lola Bicycles may from time to time send you automated email messages or marketing materials regarding Lola Bicycle’s products or services. You consent to Lola Bicycles sending such automated email messages or marketing materials. You may opt out of receiving such automated email messages or marketing materials by notifying Lola Bicycles.
33 This contract shall be governed by and construed in accordance with the laws of Singapore. Lola Bicycles and you agree to submit to the non-exclusive jurisdiction of the courts of Singapore.
Website Acceptable Use Policy
This acceptable use policy sets out the terms between you and us under which you may access www.lolabicycles.com (the “Website”). This acceptable use policy applies to all users of, and visitors to, the Website.
Your use of the Website means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms and conditions and the privacy and cookie policies.
The Website may only be used by you for lawful purposes and may not, in any way or event, be used:
‚ó¶ In any way that is unlawful (under local, national or international law) or fraudulent, or has any unlawful or fraudulent purpose or effect;
‚ó¶ For the purpose of harming or attempting to harm minors in any way;
‚ó¶ To send, knowingly receive, upload, download, use or re-use any material which does not lawfully belong to you;
‚ó¶ To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
‚ó¶ To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of the Websites, or any computer software or hardware.
You also agree:
‚ó¶ Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms and conditions;
‚ó¶ Not to access without authority, interfere with, damage or disrupt:
‚ó¶ any part of our site;
‚ó¶ any equipment or network on which our site is stored;
‚ó¶ any software used in the provision of our site; or
‚ó¶ any equipment or network or software owned or used by any third party.
We may from time to time provide on the Website interactive services, including, but not limited to product reviews and customer feedback. Any interactive service will be provided with information as to the kind of service offered, if it is moderated and what form of moderation is in use (including whether it is human or technical).
When contributing to the Website through an interactive service you must ensure that your contributions must.
‚ó¶ Be accurate (where they state facts);
‚ó¶ Be genuinely held (where they state opinions);
‚ó¶ Comply with all applicable law in Singapore and in any country from which they are posted.
Contributions by you to the Website must not:
‚ó¶ Contain any material which is defamatory of any person;
‚ó¶ Contain any material which is obscene, offensive, hateful, or inflammatory;
‚ó¶ Contain any sexually explicit material;
‚ó¶ Contain, condone or promote violence;
‚ó¶ Contain, condone or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
‚ó¶ Infringe any copyright, database right or trade mark of any other person;
‚ó¶ Be likely to deceive or defraud any person;
‚ó¶ Be unlawful (locally, nationally or internationally) in any way, or be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
‚ó¶ Contain, condone or promote any illegal activity;
‚ó¶ Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
‚ó¶ Be likely to harass, upset, embarrass, alarm or annoy any other person;
‚ó¶ Be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
‚ó¶ Give the impression that they emanate from us or any of our partners, if this is not the case.
Any material you upload to the Website will be considered non-confidential and non-proprietary, and in uploading such material you allow us the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy.
Linking to our site
You may add a link to the home page of our Websites to any website owned or controlled by you, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. Any such link must not suggest, in either an explicit or implied manner, any form of association, approval or endorsement on our part where none exists. The website from which you are linking must comply in all respects with the content standards set out in this acceptable use policy.
The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page. We reserve the right to withdraw linking permission without the need to give a reason and without notice.
If you wish to make any use of material on our site other than that set out above, please address your request to firstname.lastname@example.org
Links from our site
Links on the Website to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Suspension and termination
We will determine, at our discretion, whether there has been a breach of this acceptable use policy through your use of the Website. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this acceptable use policy constitutes a material breach of the terms and conditions upon which you are permitted to use the Website, and may result in our taking all or any of the following actions:
‚ó¶ Issue of a warning to you;
‚ó¶ Immediate, temporary or permanent withdrawal of your right to use the Website;
‚ó¶ Immediate, temporary or permanent removal of any posting or material uploaded by you to our site;
‚ó¶ Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
‚ó¶ Further legal action against you;
‚ó¶ Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
Changes to the acceptable use policy
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.
Our Lola frames and components are fully guaranteed against manufacturing and materials faults or defects for 12 months from date of purchase. This guarantee does not cover items that have been damaged through accident, misuse, wear and tear, neglect or those which have been repaired or altered by any other firm. Paintwork is not covered by this warranty, nor is any damage/injury that happens to you or your other components as a result of any failure of one of our products. This guarantee is only valid to the original customer and is non-transferable. We reserve the right to an independent expert opinion on whether the goods in question are defective. A dated proof of purchase must be provided before a warranty claim will be considered. Any refund or replacement of any goods shall be at our sole and absolute discretion.
If you are not 100% confident in you ability to assemble your Lola and to get the best results we strongly recommend that your seek the help of your local bike shop to help you assemble or check the bike over once you have assembled it and before you ride it.