The following terms and conditions do not affect your statutory consumer rights.
1. GENERAL
1.1 Index Direct Limited (the “company”, the “Group”, ”we”, “our”, “us”, “Index”, “Index Bikes”, registered in England and Wales number 15491137.
Index Direct Limited trading as "Index" and “Index Bikes”
(a) These terms and conditions are applicable to the supply of products and services by the Seller, hereafter referred as Index, to the buyer hereafter referred as the Customer (you).
(b) The Customer means the person, firm or company to whom the Company supplies or agrees to supply any of the Company's products, services and any other goods supplied by the Company in the ordinary course of its business (hereinafter called the Goods).
(c) The recipient means the person, firm, company, corporation or public authority to whom the goods are delivered or services provided upon the Customers instructions (whether expressly or by implication) when it is not the Customer.
(d) The Contract means the contract for the purchase and sale of the Goods.
(e) Writing includes letters, facsimile transmission, electronic mail and comparable means of communication.
(f) Conditions means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in Writing between the Company and the Customer.
1.2 The Company makes every reasonable effort to ensure that the information contained in any advertising material (including on its website) for which it is responsible is correct as at the time of going to press. Such material is intended, however, only as a guide, and does not necessarily represent the goods on offer. In particular, neither the Company nor its suppliers nor its agents can be held legally liable under the Trade Descriptions Act 1968 or under any other legislation for any inaccuracies of definition, colour, description, illustration (whether photographic or otherwise) or pricing and the Company's policy of continuous improvement determines its right to change specifications and/or prices without notice. Occasionally, an error may occur and goods may be either incorrectly priced or described in which case the Company will not be obliged to supply the goods at the incorrect price or in accordance with the incorrect description or at all. The Company reserve the right to correct any errors from time to time. The Company will (at our discretion) either cancel your order and refund the price you have paid or use reasonable endeavours to contact you and ask you whether you wish to continue with the order at the correct price or correct description. If the Company are unable to contact you or you do not wish to continue with the order at the correct price or correct description, the Company will cancel your order and refund the price you have paid.
In no event shall The Company be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of information available from this website.
The documents and related graphics published on this website could include inaccuracies or typographical errors. Changes are periodically added to the information herein. The Company may make improvements and/or changes in the product(s) described herein at any time.
1.3 You may not use any device, software or routine to interfere or attempt to interfere with the proper working to this site or any transaction conducted on our site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your password with any third parties or use your password for any unauthorised purpose. The site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior written permission. You agree that you will not use any device, software or routine to interfere with the proper working of the site.
Following the above statement, our web server has a number of security features in place, these may generate the occasional false positive resulting in you being denied access to our web site or email services. If you feel that these may have affected you, please contact us.
1.4 Age Requirements for Specific Goods
Where you place an order for age-restricted goods such as solvents and knives, you confirm that you are over the age of 18 and that delivery will be accepted by a person over the age of 18. We reserve the right to cancel your order if we reasonably believe you are not legally entitled to order certain goods.
1.5 Unless specifically agreed in Writing these Conditions are incorporated into all Contracts for the supply of Goods, services and any other conditions or terms (except statutory conditions or terms) are hereby excluded to the fullest extent permitted by law. No rights whatsoever in respect of these Conditions shall attach to any third party within the meaning of the Contracts (Rights of Third Parties) Act 1999 or of any statutory modification of that Act.
These Conditions do not affect the statutory rights of a person dealing as a consumer as defined by the Unfair Contract Terms Act 1977 and/or the Sale of Goods Act 1979 and/or the Unfair Terms in Consumer Contracts Regulations 1994 and 1999 or by any statutory modification of any of those Acts or Regulations.
A Contract comes into being when the Customers order is accepted by the Company or when the Company's quotation is accepted by the Customer
Acceptance of delivery or collection of the Goods shall be conclusive evidence of the Customers acceptance of these Conditions.
2. PRICE
2.1 All prices are quoted in pounds sterling (£).
2.2 All prices are exclusive of postage and packing unless otherwise stated.
2.3 All prices on this web site are subject to change without notice. Whilst we make every effort to provide you the most accurate, up-to-date information. Occasionally, one or more items on our web site may be priced incorrectly. In the event a product is listed at an incorrect price due to typographical, photographic, or technical error or error in pricing information received from our suppliers, The Company shall have the right to refuse or cancel any orders placed for product listed at the incorrect The Company price.
If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item.
If an item's correct price is higher than our stated price, we will cancel your order and notify you of the price error. You will, of course, have the opportunity to purchase the item at the correct price, if you so wish.
3. PAYMENT
Payments must be made in pounds sterling (£) and by acceptable: · Credit card, Debit card or bank transfer. All debit/credit card payments made online are processed by PayPal UK Ltd using secured encrypted technology. Authorisation for your purchases are controlled by PayPal, we do not see your credit/debit card number.
4. PASSING OF PROPERTY
The Company shall retain the property of the goods until the customer has made full payment and has been received by The Company.
5. PASSING OF RISK
The risk in the goods shall pass to the Customer on delivery, as defined in clause 6.3 below.
6. DELIVERY
6.1 Despatch of Goods
UK orders are either delivered by our own delivery vehicles, by Royal Mail or courier.
Our normal cut off time for despatch is around 3.00pm (Mon - Fri), any orders placed after the cut off time will be dispatched the next working day. Any orders placed during Saturday or Sunday will be processed and dispatched on the next working day (Monday). Goods can be delivered either to your home address, to an alternative address or to your work. A signature may be required for Royal Mail and carrier deliveries. If your order contains more than one product the individual products may, on occasions, be sent on multiple dispatches.
The Company will be notified to the Customer by e-mail and (usually under separate cover) by invoice when the goods have been despatched. If possible at the time of delivery the Customer or the Recipient on behalf of the Customer will receive and unload the Goods and check them for quality and condition in the presence of the Company's carrier but if it shall be impossible for any reason or if there shall at the time of delivery be no one available on behalf of the Customer to carry out such procedures the Company shall be entitled at the risk of the Customer to deliver the Goods at the address notified to the Company for delivery. In every case of a shortage or if any of the Goods are in an unsatisfactory condition the Customer or the Recipient shall endeavour where possible to endorse the carrier's delivery document accordingly but whether this has been possible or not must in such event give a separate written statement or e-mail of condition to the Company within 3 working days of the date of delivery (as to which time shall be of the essence of the Contract).
6.2 Delivery Date
It is our policy to process and dispatch orders on the same day but during busy periods or if your order is placed after 3pm (Monday to Friday) we will aim to dispatch within 1-2 days from the date of your order. The Company cannot be held responsible for delays in the delivery caused by the manufacturer, courier, or any other third party. If ordered items are out of stock, and are not going to be available from the manufacturer for a period of more than 28 days the customer will be notified by email, these items can be cancelled from your order for a full refund at any time before despatch.
6.3 PASSING OF RISK
The Customer bears the risk once the goods have been delivered.
7. ACCEPTANCE
The Customer shall inspect the goods within a reasonable time after their receipt and shall be deemed to have accepted the goods unless within 14 (fourteen) days after their receipt the Customer shall have notified the seller that the goods are rejected. If no such action has been taken, The Company shall consider the products being as described, of satisfactory quality and fit for their purposes, and may not accept any reject at a later date.
8. RETURN PROCEDURE
8.1 Under the Consumer Contracts (information, cancellation and additional charges) Regulations 2015, you have the right to cancel your order within a 14 (fourteen) day Cooling-Off period, which commences the day after delivery was made. If you wish to exercise your right to cancel under these regulations.
If the goods are to be rejected in the time limit set in clause 7 above, the Customer shall comply with the return procedure as defined in clause 8.2, below. The Company will not accept any returned goods should the return not follow the aforementioned return procedure.
8.2 The customer must inform us of your intention to cancel the order by either using your website account, email or telephone within the 14-day cooling off period.
(a) The customer must return the goods and clearly quote the order number on the returned package. The goods must be returned within 30 (thirty) days.
(b) A returns note can be printed off from your website account (click on merchandise returns) and placed inside the package being returned.
(c) If the goods are taken to any of our stores by the customer or by the customer representative then a proof of purchase must be provided.
(d) You can return any goods by taking them to one of our stores within the 14 (fourteen) day cooling off period without notifying us, alternatively you can notify us either using your website account, email or telephone within the 14 (fourteen) day cooling off period and take the goods to one of our stores within 30 (thirty) days.
8.3 Once you have informed us of your right to cancel, you must continue to take good care of the goods and retain possession of them until they are returned by yourself. You will be required to return the goods at your own cost, via an insured carrier and within 30 days. If the goods are returned within 30 days, in their original packaging and in a re-saleable condition, we will issue a full refund, less any delivery charges made.
(a) If you are unable to arrange the return yourself, we will be pleased to do so, but a charge will be made for this, which we would deduct from any refund due. Delivery Charges will not be refunded as delivery is a service which is completed when the original delivery is made.
8.4 In cases where the rejection of the goods is due to a defect or discrepancy in the order, the Customer is entitled to a full refund or replacement. The faulty or damaged product must be returned to The Company before the refund or replacement can be issued.
9. CANCELLATIONS
9.1 Cancellations are only accepted if the Customer complies with the following cancellation procedure and before the order has been dispatched. If the order has been dispatched prior to the cancellation, the return procedure as defined in clause 8 (8.2) above will apply. If the procedure is not respected, the order will be considered valid and the Customer will remain liable for the full payment.
9.2 Cancellations can be made with us either through your website account or by e-mail to The Company.
We will then confirm the cancellation of the order.
9.3 Cancellations made after 14 days from the date of order, carry a cancellation charge / restocking fee of 15% of the total order value.
9.4 If the goods have already been delivered:
(a) The customer can only exercise this right to cancel your order if the goods are in a re-saleable condition with their original packaging.
(b) The customer must return the goods to the company at the customers own cost and risk, within 14 days of notifying the company they wish to cancel their order. This excludes where the company is at fault, in which case the company will arrange collection at the company’s cost.
(c) The customer at their own cost may wish to insure your returned goods against damage or loss.
(d) The customer must take reasonable care of the goods while in their possession.
(e) This excludes goods collected from the company and therefore Consumer Contracts Regulations.
(f) Where a customer examines goods at the company’s premises and later order those goods by distance means, even if the goods are slightly different, for example, ordered in a different colour from those actually examined.
The whole of the Customer's money will be refunded (excluding any additional costs for enhanced delivery of the goods to the customer, e.g. guaranteed next day) within 14 days of such cancellation and the goods being received by the company, or the customer providing evidence of having returned the goods, whichever is the sooner.
10. LICENSE AGREEMENT
The Customer shall respect all license agreements delivered by the copyright/trademark owners. The Company cannot be held responsible or liable for any misuses conducted by the Customer or any third party.
The copyright of this website is owned by the Company Index and may not be copied or reproduced in any way or form, stored in a retrieval system or transmitted in any form or by any means, electronic or otherwise, without express written consent.
11. INTERNATIONAL CUSTOMERS
Customers from outside the UK can only pay via PayPal or by bank transfer. All other terms and conditions apply.
12. KEY WORKERS DISCOUNT
12.1 Index Limited reserves the right to remove any user found to be abusing the discounts / discount codes or any other call to actions provided, and ban them from the website. This can be conducted without consent of the member.
12.2 Registered account holders must not create multiple accounts or try to change their member ID. If a password is forgotten or lost then the user must go through the appropriate route: the forgotten password link. Members must contact Blue Light Card if this cannot be achieved, through the Contact area of the website. Multiple accounts will not be approved by Blue Light Card staff. Email addresses can be updated by visiting the My Account area once logged in to the website.
12.3 Registered account holders must make sure that their information is correct and up to date at all times. If any change of status occurs, members are required to update their account or inform Index of any changes.
12.4 All customers must provide their own ID, any ID that we receive electronically or via the post will be deleted or destroyed. Please make sure any ID sent is a photocopy and not any original documents.
ID documents must have your name, address and the company or profession you work for, any photos or staff ID numbers can be blurred out. Once your ID has been verify, any copies will be permanently deleted.
We can accept more than one ID for example a driving license and staff ID card to confirm address and working profession.
12.5 One application applies to all our group of companies and subsidiaries including indexdirect.co.uk website and Index Bikes.
12.6 List of qualifying professions:
4x4 Response, Ambulance Service, Blood Bikes, Border Force, HM Armed Forces (British Army, MOD police, MOD Fire, Royal Air Force, Reserve Armed Forces, Royal Marines, Royal Navy, HM Armed Forces Veterans), Cave Rescue, Community First Responder, Fire Service, Highways England Traffic Officer, HM Coastguard, HM Prison Service, Immigration Enforcement, Lowland Search and Rescue, Mountain Rescue, Pharmacy, RNLI, NHS, Police, Search and Rescue, Social Care Workers, St. John Ambulance and dock workers.
13.LAW
These terms and conditions are governed and shall be interpreted in accordance with the laws of England and Wales.
The Contract for the supply of the Goods or services to the Customer shall be interpreted in accordance with the laws of England and Wales which shall for all purposes be deemed to be the proper law of the Contract, save that for those Goods supplied to Customers in Scotland the Contract shall be interpreted in accordance with the laws of Scotland, and for those Goods supplied to Customers in Eire the Contract shall be interpreted in accordance with the laws of Ireland.