BOARDMAN PERFORMANCE CENTRE TERMS AND CONDITIONS
Boardman International Limited (“Boardman”) is the supplier of all experiences that appear on our website and/or are available at the Performance Centre. When you purchase an experience from Boardman, you become bound by the terms and conditions detailed below.
1.1. In these Conditions, the following definitions shall apply:
Booking Confirmation: means an email to you from Boardman confirming its acceptance of the relevant Order;
Business Days: a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business;
Conditions: the terms and conditions set out in this document as amended from time to time;
Contract: the contract between us and you for the sale and purchase of the Services in accordance with these Conditions;
Customer, you, your: the person who purchases the Services from us;
Boardman: Boardman International Limited, registered in England and Wales with company number 05885796 with registered office address at Icknield Street Drive, Washford West, Redditch, Worcestershire B98 0DE;
Order: the Customer's order submitted by the Customer online via the Website;
Website: means the website accessible at www.boardmanbikes.com
2. THE CONTRACT
2.1. The Order you place via the Website constitutes an offer to purchase 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.
2.2. The Order shall only be deemed accepted by us, and a Contract formed, when you have received a Booking Confirmation from us. Any email or other acknowledgement by us of receipt of an Order does not constitute legal acceptance of your Order.
2.3. All Orders placed via the Website are subject to availability and to the validation checks described below. In the unlikely event that you are able to place an Order for something which is not available, we will contact you as soon as possible. You may be given the option to rearrange, or for your Order to be cancelled.
2.5 Where you have been directed to the Website as a result of a third party site, these sites are independent from us and we are not responsible or liable for such sites. Customers should consult the terms and conditions of the site in question for more information.
3.1. The service is as described on the Website. However, we reserve the right to make any reasonable and necessary amendments to the description as may be required from time to time.
3.2. Images on the Website are for illustrative purposes only. All weights and sizes are supplied as a guide only and are approximate.
3.3. If you wish to make a change to your Order, please contact us as soon as possible. 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, the timing or anything else which would be necessary as a result of your requested change and ask you to confirm whether you still wish to go ahead with your amended Order.
3.4. Guided Sales, Buyers 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. These articles 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.
3.5. 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. The repayment of such monies paid to us will be the extent of our liability to you in the event of these errors.
4. PRICE INFORMATION
4.1. The price for the performance centre is the price set out on the Website at the time you submit your Order. The price is inclusive of VAT (where applicable) at the appropriate rate. Boardman’s VAT number can be found on our Website. All prices are shown in Pounds Sterling.
4.2. 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. This includes all offers advertised via official Boardman social media channels.
4.3. 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. Equally, voucher code offers cannot be used in conjunction with any other promotional offer.
5. PAYMENT INFORMATION
5.1. Boardman accepts payment by most major credit or debit cards. We regret that we are unable to accept payment online.
6.1 All customers are required to report to Reception at the Performance Centre no later than the time given on their Booking Confirmation.
6.2 Before receiving the Services, you must review and sign the ‘Declaration of Risk’. You will then undergo a safety briefing.
6.3 You may only participate if you: weigh less than 18 stone /114kg (contact us if you weigh more than this) / are 16 years of age or above (you must be able to comfortably wear one of our helmets) / are not pregnant / are not under the influence of alcohol or non-prescribed drugs / are not wearing a hard cast / have signed permission from a parent or guardian if under 18 years of age / have signed our Declaration of Risk.
6.4 All experiences require the wearing of safety equipment, this is mandatory and there are no exceptions. We reserve the right to end an experience if they believe the participant may endanger themselves or other members of the public.
6.5 Please contact us in advance if you have any questions or concerns about safety or the eligibility of participants.
7. REFUNDS AND RETURNS
7.1 You have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 within 14 days of receiving your Booking Confirmation, as long as you haven’t already had your experience. This means that if you change your mind or decide for any other reason that you do not want to receive your Order, you can notify us of your decision to cancel the Contract. If you wish to exercise your right to cancel an Order, please contact 01527 918 915
7.2 If you fail to arrive to a pre-booked appointment, are late or fail to reschedule, your booking will no longer be valid and you will not be entitled to a refund.
7.3 We reserve the right to cancel a booking at short notice under any circumstances. You can be assured that this would usually only happen in the event of failure, unscheduled repairs, maintenance or anything outside of our control. In the event that we cancel your booking, it will be rescheduled at the next available time to suit you within the terms of the type of booking. However, we are unable to reimburse travel, accommodation or any other expenses you may incur in relation to the cancelled experience.
8. COMPLAINTS AND QUERIES
8.1.If you are not happy with any aspect of our service, discover a fault with our Website, or if you have any queries or comments relating to an Order, please contact us and we will do everything we can to help you.
8.2. If we have exhausted our internal complaints handling procedure and we inform you in writing that we cannot settle your complaint, you are entitled to refer your complaint to an Alternative Dispute Resolution ("ADR") provider to deal with the same. We are not obliged to use a specific ADR provider or procedure. However, a list of certified providers can be found at www.tradingstandards.uk.
9.1 Save as precluded by law, we will not be liable to you or any third party for any indirect, incidental, special, punitive or consequential loss, damage or expenses (including without limitation any loss of materials or data, interruption of service or wasted expenditure) howsoever arising out of your use of this Website, the online service, the Services and/or the Goods, even if advised of the possibility of such damages.
9.2 We shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid for the Services in question. The foregoing limitations shall apply regardless of whether any claim you may bring is made under contract; tort; warranty or otherwise.
9.3 We have no liability to you for any loss of profit, loss of business, loss of data, business interruption, or loss of business opportunity.
9.4 The information contained in the Website has not been written to meet your individual requirements and it is your sole responsibility to satisfy yourself that what you have ordered is suitable for your specific purposes. You shall be responsible for ensuring the accuracy of all details provided as part of your Order.
9.5 Nothing in these Conditions shall limit any rights you might have as a consumer or other statutory rights.
10. EVENTS OUTSIDE OF 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.
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.
12. COMMUNICATION BETWEEN US
12.1. Any notice or other communication given to you under or in connection with a Contract shall be in writing (including email), addressed to you at the address you have specified to us in writing in accordance with this clause, and shall be delivered personally, sent by pre-paid first class post, recorded delivery, commercial courier, fax or e-mail.
12.2. A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 13.1; if sent by pre-paid first class post or recorded delivery, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed; or, if sent by fax or e-mail, one Business Day after transmission.
12.3. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
13. DATA PROTECTION
13.1All personal data about you that we capture and process in our capacity as Data Controller and in order to provide you with relevant Services and/or Goods, is managed in accordance with prevailing Data Protection legislation. This includes the Data Protection Act 2018, the General Data Protection Regulation (EU) 2016/679 (the GDPR) and all other applicable laws, in addition to any successor or replacement legislation relating to the processing of personal data.
13.2In particular, we recognise our responsibilities when managing any special categories of data (i.e. sensitive data) about you: this includes the health information that we need to collect prior to you accessing any of the Services within the Performance Centre.
13.3Full details about how we will use your data - and how you may exercise any of your rights and freedoms under data protection legislation - is contained within our Privacy Statement which can be found at www.boardmanbikes.com/gb_en/privacy-policy.html.
14. OTHER IMPORTANT TERMS
15.1 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.
14.2 You may only transfer your rights or your obligations under these Conditions to another person if we agree in writing.
14.3 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.
14.4 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.
14.5 These Terms are governed by English law. This means a Contract for the purchase of Goods through our Website and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. ?