TERMS OF SERVICE
Terms and conditions
These Terms govern your use of the hipeakbike.com website and your relationship with HiPEAK ( we or us). Please read them carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms please do not use the Site. Please note that to buy any products on the Site, you are required to register as an authorised user and additional Terms and Conditions will apply.
1. Use of the site
The Site is provided to you free of charge for your personal use subject to these Terms. By using the Site you agree to be bound by these Terms. All orders and purchases made on the Site will also be governed by the relevant Product Terms.
THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS.
2. Amendments
We may update these Terms from time to time and any changes will be notified to you via the e-mail address provided by you on registration or via a suitable announcement on the Site. The changes will apply to the use of the Site after we have given notice. If you do not wish to accept the new Terms you should not continue to use the Site and the Online Stores. If you continue to use the Site after the date on which the change comes into effect, your use of the Site indicates your agreement to be bound by the new Terms.
3. Registration
To register on the Site, you must be over eighteen years of age.
You must ensure that the details provided by you on registration or at any time are correct and complete. Please inform us of any changes to your information by updating your personal details to ensure that our records are correct.
4. Password and security
When you register to use the Site you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us by contacting Customer Services (see below for contact details).
If HiPEAK has reason to believe that there is likely to be a breach of security or misuse of the Site, we may require you to change your password or we may suspend your account in accordance with paragraph 10 below.
5. HiPEAK account
When you register for an account to shop on the Site, a HiPEAK account will be automatically opened for you, unless you already have one. By registering for an account on the Site, you agree to be bound by the Terms and Conditions. You may have the option to opt out of opening a account at the point of registration, or you can contact us to let us know if you do not want a HiPEAK account
Bonus coupons received with HiPEAK customer mailing, and product or discount coupons issued by manufacturers or promoters cannot be redeemed against purchases from the Site.
6.Standard eCoupon Terms and Conditions
- Using eCoupons
eCoupons can only be used online at www.hipeakbike.com subject to these general terms and conditions, and any other specific conditions notified to you on the issue of an eCoupon. No eCoupon is redeemable through any website owned or operated by HiPEAK other than hipeakbike.com.
An eCoupon is redeemed by entering its code at the appropriate point in the online purchase process. Redemption may be subject to you providing proof of entitlement to use the eCoupon.
Your use of an eCoupon indicates your agreement to be bound by these eCoupon Terms and Conditions.
- Distribution of eCoupons
eCoupons are, and remain at all times, the property of HiPEAK.
The right to use an HiPEAK is personal to the original recipient and may not be transferred. No eCoupon may be copied, reproduced, distributed, or published directly or indirectly in any form or by any means for use by an entity other than the original recipient, or stored in a data retrieval system, without the prior written permission of HiPEAK.
eCoupons distributed or circulated without the written approval of HiPEAK, for example on an Internet message board or on a "bargains" website, are not valid for use and may be refused or cancelled.
- Permitted usage of eCoupons
Unless expressly stated otherwise at the time of issue of the eCoupon;
- Each issued eCoupon will be valid for use by a recipient only once,
- Only one eCoupon will be valid for use per customer or household.
- An eCoupon may not be used in conjunction with any other special offer or eCoupon.
Even where eCoupons expressly state at the time of issue that they may be used in conjunction with other eCoupons or offers, any eCoupon code beginning X may not be used in conjunction with any other eCoupon code that also begins X.
eCoupons cannot be exchanged for cash or used to purchase gift-vouchers.
- Excluded goods and services
Certain goods or services are excluded from all eCoupon offers. From time-to-time other goods or services may be excluded and any such further exclusion will be notified to you along with the eCoupon or through the hipeakbike.com website.
eCoupons may be limited to redemption in respect of certain products or services or certain products or services may be excluded from the ambit of use of the eCoupon, in which case notice will be given to you at the time of issue of the eCoupon.
Excluded goods and services will not count towards any qualifying conditions for offers and will not benefit from any promotional discount.
- Minimum spend requirements
Where the redemption of an eCoupon is subject to a minimum spending requirement, the redemption is only permitted in respect of the purchase of qualifying products which will be communicated to you at the time of issue of the eCoupon.
If more than one minimum spend offer is valid for use in an order, there must be sufficient qualifying spend to meet the requirements of each offer in total.
- Calculation of discount
Where an online offer states that a percentage discount will be given on a purchase, the cost of the qualifying purchases will be reduced by the stated discount percentage.
Supplementary charges such as delivery or postage & packing shall not be discounted unless specifically stated in the offer description.
g.Security and Fraud
When you use an eCoupon you warrant to HiPEAK that you are the duly authorised recipient of the eCoupon and that you are using it in good faith.
If you redeem, attempt to redeem or encourage the redemption of eCoupons to obtain discounts to which you or a third party are not entitled you may be committing a civil or criminal offence.
If we reasonably believe that any eCoupon is being used unlawfully or illegally we may reject or cancel any eCoupon and you agree that you will have no claim against us in respect of any rejection or cancellation. HiPEAK reserves the right to take any further action it deems appropriate in such instances.
- Limitation of liability
At all times our acceptance of an order takes place on despatch of the order, at which point the purchase contract will be made and you will be charged for your order.
All offers are subject to availability and while stocks last.
HiPEAK shall not be liable to any customer or household for any financial loss arising out of the refusal, cancellation or withdrawal of any eCoupon or any failure or inability of a customer or household to use an e-Coupon for any reason.
i.Miscellaneous
We reserve the right to vary or terminate the operation of any eCoupon at any time without notice.
The failure of HiPEAK to take any action in respect of a breach of these terms and conditions shall not constitute a waiver of their enforceablility. HiPEAK always reserves its rights in respect of these terms and conditions.
j.Colleague Coupons
From time to time, we may issue coupons specifically to be used by HiPEAK colleagues, or HiPEAK Colleague account holders
We reserve the right to vary or terminate the operation of any colleague coupon or eCoupon at any time without notice.
7. Intellectual property
The content of the Site is protected by copyright and trademarks. You may retrieve and display the content of the Site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Site without written permission from HiPEAK.
8. Ratings and Reviews
By submitting any content to the Site you agree that:
You are the sole author of and are personally responsible for any content you submit (e.g. a written review) and you own any intellectual property rights that relate to it;
all 'moral rights' that you may have in such content have been voluntarily waived by you; and
We may contact you at the e-mail address attached to your account to request a review or to notify you about the status of your review.
You agree that you won't submit anything that:
is false, inaccurate, or misleading;
you have been paid or rewarded for, if such compensation influenced the content of your review in any way;
has been copied from anyone else, or infringes on any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
violates any law or is considered to be offensive e.g. threatening, libellous or racially or religiously biased;
includes references to other websites or any contact information (e.g. email addresses or phone numbers); or
contains any computer viruses, worms or other potentially damaging computer programs or files.
Ratings and written reviews will generally be posted within two to four business days. HiPEAK reserves the right to remove or to refuse to post any submission for any reason.
9. HiPEAK Social Media Community Rules
We encourage comments on HiPEAK related subjects in an intelligent and constructive manner. We reflect a wide range of interests for the benefit of all of our users.
Treat others as you would like to be treated. Be polite, even if you disagree. Abusive language, aggression and bullying are not allowed (whether aimed at users, individuals, HiPEAK or other companies). Distressing content is also banned.
We will try to help you with any queries, but to respect your privacy we cannot ask for personal contact details on this page. It may be necessary to ask you to contact us via Private Message/Direct Message.
To safeguard the privacy of individuals any postings including information that may identify individual's offline will be removed.
Repeated duplicate postings (spam) by the same user or groups will be removed as they clutter up discussions for other users.
Comments subject to legal issues (slander, defamation, contempt of court) or publicising / encouraging / endorsing illegal activity will be removed.
Content with overt religious or political bias intended to incite others will be removed. Aggressive lobbying that disrupts the community for other HiPEAK users will be removed.
Impersonating brands or other users or featuring licensed or copyright material is not allowed.
Content containing unverified or false claims about products will be removed.
Finally, HiPEAK retains the right to remove content posted on social media or block users from posting to any HiPEAK page for any other reason deemed necessary to create a helpful community.
Please respect all of Facebook's terms and conditions.
10.Availability of the Site
Although HiPEAK aims to offer you the best service possible, HiPEAK makes no promise that the services at the Site will meet your requirements. HiPEAK cannot guarantee that the service will be fault free. If a fault occurs in the service you should report it to the Customer support team by email at support@hipeakbike.com and we will attempt to correct the fault as soon as we reasonably can.
Your access to the Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. HiPEAK will attempt to restore the service as soon as it reasonably can.
11. HiPEAK’s right to suspend or cancel your registration
HiPEAK may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms.
The suspension or cancellation of your registration and your right to use the Site shall not affect either party's rights or liabilities.
12. HiPEAK's liability
The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Site.
Although we make reasonable efforts to update the information on the Site, we make no representations, warranties or guarantees, whether express or implied, that the content on the Site is accurate, complete or up to date.
Nothing in this paragraph applies to HiPEAKbike's liability in respect of products sold through the HiPEAK.
13. Third Party Websites
As a convenience to HiPEAK customers, the Site includes links to other websites or material which are beyond its control. HiPEAK is not responsible in any way for content outside the Site.
14.International Use
HiPEAK makes no promise that materials on the Site are appropriate or available for use in locations outside the United States and Canada.
15. Miscellaneous
You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
If you breach these Terms and conditions and HiPEAK ignores this, HiPEAK will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms.
Billing terms and conditions
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Nothing in these Terms shall exclude HiPEAK’ s liability for fraudulent misrepresentation or personal injury or death caused by its negligence.