TERMS and CONDITIONS
of MY RACING PIG for cycling clothing and accessories, cycling kit and bike parts,
running and triathlon kit
1. Definitions and Interpretation
2. Placing an Order
3. Age Restrictions
4. Business Customers
5. International Customers
6. Intellectual Property
7. Third Party Intellectual Property
8. Fair Use of Intellectual Property
9. Links to Other Websites
10. Links to This Website
11. A Use of Communication Channels and Facilities
12. Private Member’s Accounts
13. Termination and Cancellation
14. Goods, Pricing and Availability
16. Our Returns Policy
19. Changes to Service and these Terms and Conditions
20. Availability of the Website
21. Limitation of Liability
22. No Waiver
23. Previous Terms and Conditions
24. Third Party Rights
26. Law and Jurisdiction
This agreement applies between you, a user of a Website owned or operated by us [Pireaus M3] and Pireaus M3 [the owner of the Website], referred to singularly and in combination in this Policy as “the Site” or “the Web Site.”]
Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the site. If you do not agree to be bound by these Terms and Conditions, you should stop using the site immediately.
No part of this Website is intended to constitute a contractual offer between you and Pireaus M3.
1. DEFINITIONS and INTERPRETATION
In this Agreement the following terms shall have the following meanings:
means collectively the personal information, payment Information and credentials used by Users to access content and / or any communications system on the Website;
means any third party responsible for transporting purchased Goods from us to customers;
means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
means any products that Pireaus M3 advertises and / or makes available for sale through this Website;
“My Racing Pig”
means Pireaus M3 trading as My Racing Pig of:
The Bike Shed | Hampton Street | Tetbury | Gloucestershire | GL8 8LD;
means collectively any online facilities, tools, services or information that Pireaus M3 makes available through the Website either now or in the future;
means any details required for the purchase of Goods from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;
means any online communications infrastructure that Pireaus M3 makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users”
means any third party that accesses the Website and is not employed by Pireaus M3 and acting in the course of their employment; and
means the website that you are currently using.
2. PLACING AN ORDER
By placing an order with us, you will be deemed to have read, understood and agreed to these Terms and Conditions. If you are unclear about any aspect of these terms, please contact us before placing an order, either by telephone on:
+44 1 666 500 880 or by e-mail at: frontdesk [*] pireaus-m3.com
All voice communications, howsoever made, are subject to recording.
If you are unhappy with any aspect of these terms, please do not place an order with us and refrain from any interaction with the Site.
By placing an order via this Website, you are making an offer to Pireaus M3 to purchase the goods detailed in your order upon the terms described in your order.
Once you have placed an order, we will send you a confirmation that your order has been received - however this is not a confirmation that your offer to purchase the goods has been accepted. A contract between you and Pireaus M3 for the sale of our products will only exist once an order has been accepted, paid for, processed and dispatched to you. This does not affect your statutory rights.
Any Order placed by you is thus provisional unless, and until, you receive a confirmation email to indicate acceptance of your Order.
Prices and availability of goods are subject to change without notice. A delivery charge will be added to your order value where appropriate. Please see our delivery times and charges which are clearly described on the Site and/or on every product listing. Where a delivery charge applies to any items ordered it will be stated on your order confirmation.
All dates quoted for delivery are estimated delivery dates only and may be subject to change. We can accept no liability for any loss or damage [whether direct or indirect] if delivery takes place at any time other than the estimated date for delivery.
3. AGE RESTRICTIONS
Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
4. BUSINESS CUSTOMERS
These Terms and Conditions also apply to customers buying Goods in the course of business.
5. INTERNATIONAL CUSTOMERS
If Goods are being ordered from outside Pireaus M3’s country of residence, import duties and taxes may be incurred once your Goods reach their destination. Pireaus M3 is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and Pireaus M3 cannot guarantee that the packaging of your Goods will be free of signs of tampering.
6. INTELLECTUAL PROPERTY
6.1 Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Pireaus M3, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
6.2 Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by Pireaus M3.
7. THIRD PARTY INTELLECTUAL PROPERTY
7.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
7.2 Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
8. FAIR USE of INTELLECTUAL PROPERTY
Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply. In respect of images and logos belonging to Pireaus M3, Pireaus M3 is happy for them to be reproduced in other media as long as prior permission is gained first and appropriate credit is also given at the point of reproduction.
9. LINKS to OTHER WEBSITES
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Pireaus M3 or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
10. LINKS to this WEBSITE
Those wishing to place a link to this Website on other sites may do so without prior permission. However, if requested to remove the link for any reason whether stated or not, we ask that you comply with our request.
11. USE of COMMUNICATION CHANNELS and FACILITIES
11.1 When using any online messaging system, enquiry form or any other System on the Website we ask that you do so in accordance with the following principles:
11.1.1 You do not use obscene or vulgar language;
11.1.2 You do not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
11.1.3 You do not submit Content that is intended to promote or incite violence;
11.1.4 It is advised that submissions are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;
11.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
11.1.6 You must not impersonate other persons, particularly employees and representatives of Pireaus M3 or our affiliates; and
11.1.7 You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
11.2 You acknowledge that Pireaus M3 reserves the right to monitor any and all communications made to us or using our System.
11.3 You acknowledge that Pireaus M3 may retain copies of any and all communications made to us or using our System.
11.4 You acknowledge that any information you send to us through our System or post on the enquiry form may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.
11.5 All voice communications, howsoever made, are subject to recording.
12. PRIVATE MEMBERS'S ACCOUNTS
12.1 In order to purchase certain Goods on certain terms on this Website, you are required to create a Private Member’s Account [“your Account”]. By creating a Private Member’s Account you represent and warrant that:
12.1.1 all information you submit is accurate and truthful, including that: the first and last name on the Account is your own name; and the email address is one you have access to and are entitled to use ;
12.1.2 you have permission to submit payment Information where permission may be required; and
12.1.3 you will keep this information accurate and up-to-date either by updating your Account or by informing us of changes by another means..
12.2 you will not share your Account password. Pireaus M3 accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is highly recommended that you do not save your Account details in your internet browser.
12.3 If you have reason to believe that your Account details have been obtained by another without consent, you should contact Pireaus M3 immediately by e-mail at: frontdesk[*]pireaus-m3.com to reset or suspend your Account and cancel any unauthorised purchases that may have been made using your Account. Please be aware that purchases can only be cancelled up to the point of dispatch. In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, Pireaus M3 accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.
12.4 When creating your Account you are required to adhere to the terms set out above in Clause 12.1.1. Any failure to do so could result in the suspension and/or deletion of your Account.
13. TERMINATION and CANCELLATION
13.1 Either Pireaus M3 or you may terminate your Account. If Pireaus M3 terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
13.2 If Pireaus M3 terminates your Account, any current or pending purchases on your Account will be cancelled and will not be dispatched.
13.3 Pireaus M3 reserves the right to cancel purchases, without stating reasons, for any reason prior to processing payment and dispatch.
13.4 If purchases are cancelled for any reason prior to dispatch you will be refunded any monies paid in relation to those purchases.
13.5 If you terminate your Account, any non-dispatched purchases will be cancelled and any monies paid will be refunded, less any applicable charges, in relation to those purchases.
13.6 If you terminate your Account at a time when there are current or pending non-dispatched purchases on the Account, an administration charge may be deducted from the refund to you in respect of those purchases.
14. GOODS, PRICING and AVAILABILTY
14.1 Whilst all reasonable effort has been made to ensure that graphical and photographic representations and descriptions of Goods available from Pireaus M3 correspond to the actual Goods, Pireaus M3 is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Please refer to Clause 15.1 for incorrect Goods.
14.2 We take every care to ensure that the description and specification of our products are correct at the time of going to press. However, specifications and descriptions of products on this Website are not intended to be binding and are intended only to give a general description of the products. Furthermore, while the colour reproduction of the products is a close representation, we cannot accept any responsibility for any variation in colour caused by the browser software or computer system used to view the products.
14.3 Where appropriate, you may be required to select the required size, colour number and other features of the Goods that you are purchasing.
14.4 Pireaus M3 does not represent or warrant that such Goods will always be available. Stock indications are usually provided on the Website, however these may not take into account sales that have taken place during your visit to the Website. We endeavour to display through this Website all items in our current range. However, occasionally an item will be out of stock. You can choose to receive a single delivery if some items in your order are out of stock. In such a scenario please tick the available box to request a single shipment on the checkout delivery page.
14.5 All pricing information on the Website is correct at the time of going online. Pireaus M3 reserves the right to change prices and alter or remove any special offers from time to time and as necessary.
15.1 If there has been an undue or unexpected delay in despatch of your order, Pireaus M3 will notify you by email when your goods are to be dispatched to you. The message will contain details of estimated delivery times.
15.2 If Pireaus M3 receives no communication from you within 15 days of your receipt of [or delivery of] the Goods regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems.
15.3 If your goods are confirmed as Delivered by the third party contracted to deliver the goods, Pireaus M3 regards the goods as being received. Any dispute involving non-receipt of goods will take place between you and the third party contracted to deliver the goods.
15.4 It is your responsibility to ensure that the correct Delivery Address is given with your Order. If a mistake is made, it is your responsibility to contact us with the correct Delivery Address as soon as possible. We may require confirmation of the Delivery Address by update of your Account before we despatch your Order, for security purposes.
16. OUR RETURNS POLICY
We aim always to provide high quality Goods that are fault free, undamaged and as described on our site. We want you to be fully delighted with your purchase! If Goods however need to be returned, please refer to our Cancellations and Returns Policy.
18.1 Pireaus M3 makes no warranty or representation that the Website will always:
meet your requirements;
be of satisfactory quality;
be fit for a particular purpose;
will not infringe the rights of third parties;
will be compatible with all systems;
will be secure;
or that all information provided will be accurate.
We make no guarantee of any specific results from the use of our Services.
18.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
18.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
18.4 Whilst Pireaus M3 uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
19. CHANGES to the SERVICE and these TERMS and CONDITIONS
Pireaus M3 reserves the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If Pireaus M3 is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
20. AVAILABILITY of the WEBSITE
20.1 The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
20.2 Pireaus M3 accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
21. LIMITATION of LIABILITY
21.1 To the maximum extent permitted by law, Pireaus M3 accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content and Goods at their own risk.
21.2 Nothing in these Terms and Conditions excludes or restricts Pireaus M3’s liability for death or personal injury resulting from any negligence or fraud on the part of Pireaus M3.
21.3 Nothing in these Terms and Conditions excludes or restricts Pireaus M3’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Website.
21.4 Due to the possibility of occasional mistakes being made, it is however FIRST your responsibility to ensure that the item delivered is the item ordered and further, that the item is:
1. suitable for its intended application and use in all respects, and
2. assembled, fitted and used according to the manufacturer’s advices
21.5 Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant legislation, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
22. NO WAIVER
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
23. PREVIOUS TERMS and CONDITINS
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
24. THIRD PARTY RIGHTS
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Pireaus M3.
25.1 All notices / communications shall be given to us either by post to:
Pireaus M3 | The Bike Shed | Hampton Street | Tetbury | Gloucestershire | GL8 8LD
or by e-mail to:
Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
25.2 Pireaus M3 may from time to time send you information about our products and/or services if you have opted in to receive such communications. If you no longer wish to receive such information, please Unsubscribe. An Unsubscribe option is available on all marketing/information emails sent via our emailing system provider, Constant Contact.
26. LAW and JURISDICTION
These Terms and Conditions and the relationship between you and Pireaus M3 shall be governed by and construed in accordance with the Law of England and Wales and Pireaus M3 and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
We will update these Terms and Conditions as we deem necessary from time to time and in any event no less often than once per year. Changes will be immediately posted on all our Web Sites. You are deemed to have accepted the updated Terms and Conditions on your first use of the Web Site following the changes.
This Policy is dated: 27 June 2019