We’re Momentum, part of Giant U.K. Limited (Company Number: 02167762), a company registered in England and Wales. Our HQ is Charnwood Edge Business Park, Syston Road, Cossington, Leicestershire LE7 4UZ.
These terms help protect both our interests and you should read them before placing your order.
1. Definitions
1.1 In these Terms & Conditions we are use the following definitions to help keep things simple; they have the following meanings unless conflicting with the context:
“Click and Collect” the way by which you order Goods from the Site to collect in store from the Momentum retailer;
“Conditions” these terms and conditions;
“Contract” any agreement for the sale and purchase of Goods from us to you in accordance with Condition;
“Cooling Off Period” means as described in Condition 8.1;
“Custom Fit Products” those Goods which by their nature and design must be tailored and adjusted to your specific requirements;
“Delivery Address” the UK address for delivery of the Goods as listed in the Order Acknowledgment, or as may have been agreed between you and us in writing;
“Finance” How you pay for the Goods by entering a credit agreement with the Finance Company;
“Finance Company” a third party who enters into a credit agreement with you in order to provide credit to you to purchase the Goods;
“Momentum Retailer” a member of our dealership network including Giant branded stores;
“Goods” all goods supplied by us to you under the Contract; “Home Delivery” the process by which you order Goods from the Site for the Momentum retailer to deliver to you
“Notice of Cancellation” any notice of your intention to cancel the Contract provided by you to us in accordance with Condition 8.
“Order Acknowledgment” written confirmation by us of our acceptance of your order;
“Price” the price payable by you for the Goods;
“Site” www.momentum-biking.com/gb
“we”, “us” or “our” refers to Giant U.K. Limited, registered in England and Wales under number 2167762,Our HQ is Charnwood Edge Business Park, Syston Road, Cossington, Leicestershire LE7 4UZ; contact: info@giant-bicycles.co.uk;
“Working Day” any day from Monday to Friday other than a statutory holiday or public holiday in England; and “you” or “your” refers to you: the person who has accepted these Conditions.
1.2 References to any statute or statutory provision include, unless the context otherwise requires, a reference to the statute or statutory provision as modified or re-enacted and in force from time to time and any subordinate legislation made from time to time under the relevant statute or statutory provision.
1.3 References to persons include natural persons, firms, partnerships, companies, corporations, associations and organisations (in each case whether or not having separate legal personality).
1.4 Words in the singular include the plural and words in the plural include the singular.
1.5 Any reference to “writing” includes communications by post, facsimile and e-mail but excludes text messages.
1.6 The headings to Conditions do not affect the meaning and interpretation of these Conditions.
1.7 Any phrase introduced by the term “include”, “including”, “in particular” or any similar expression is illustrative and does not limit the sense of the words preceding that term.
2. Basis of Contract
2.1 These Conditions shall apply when you place an order. A contract is then made when you receive an Order Acknowledgement from us by email
2.2 Each Contract shall be made when we issue an Order Acknowledgement to you by e-mail and not before.
2.3 We shall not be responsible for any promises or claims concerning the Goods which are not made by us, our employees or agents.
2.4 All orders are subject to availability and if the Goods you ordered are unavailable we’ll contact you and cancel your order and anything you have already paid to us for the Goods will be refunded to you.
If we’re unable to contact you within 10 Working Days the Contract will be treated as cancelled and anything you have already paid will be refunded to you.
Where Goods have been ordered by Finance, your original order will be cancelled and any sums already paid by you will be refunded directly by the Finance Company.
3. Price
3.1 The Price to be paid by you is the one displayed on the Site when your order is received by us.
3.2 In the event that we find a genuine error in the Price, unless the Goods have been ordered by Finance, we will tell you ASAP and give you the option of reconfirming your order (at the correct Price) or cancelling your order.
If we can’t get in touch with you within 10 Working Days or if you fail to either reconfirm or cancel the order within this period, we will treat this order as cancelled and if you've already paid, you will be fully refunded.
Where Goods have been ordered by Finance, your original order will be cancelled and any payment already made by you will be refunded directly by the Finance Company.
3.3 All Prices are quoted inclusive of VAT.
3.4 The Price does not include delivery cost, which will be additional.Delivery charges will be clearly shown at the time your order.
4. Payment
4.1 Payment for the Goods is due when you place your order. Payment can be made by one of the following credit or debit cards: MasterCard, Visa, and American Express, via PayPal, Finance or Klarna.
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment is to be made to Klarna:
Pay later 30
Pay in 3 interest free instalments
Further info and Klarna’s user terms can be found here; and general info on Klarna can be found here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarna's privacy statement.
4.2 Unless due to our fault, we’ll cancel your order (by writing to you) if payment for the Goods has not been received in full and in cleared funds within 7 Working Days of placing your order.
4.3 Payments for Goods shall only be accepted in GBP £. Unless otherwise agreed in writing any payment received from you in any other currency will not be considered to be payment for the Goods in question.
5. Packaging
5.1 The packaging of the Goods shall be entirely at our discretion. We shall have the right to pack all the Goods in such manner and in such quantities as we think fit and we shall not be obliged to comply with any packaging requests or instructions from you.
6. Delivery
6.1 Any order that is under £50.00 is subject to a £5.00 delivery charge, payable by you at the time of payment for the Goods in accordance with Clause 4.
6.2 The Goods shall be delivered:
6.2.1 where ordered by Click and Collect, when they have been collected by you from the Delivery Address, which shall in all circumstances be the premises of a Momentum retailer. We shall notify you by email that the Goods are available for delivery;
6.2.2 where ordered by Home Delivery, when they are delivered to you by a Momentum retailer at the Delivery Address. We shall notify you by email that the Goods are available for delivery and a Momentum retailer will contact you to arrange delivery.
6.3 We shall reasonably endeavour to deliver the Goods within 4 to 5 Working Days of the Order Acknowledgement (“the Anticipated Delivery Date”), but we shall not be held responsible for any delays in delivery caused by circumstances beyond our reasonable control. If delivery is delayed for more than 30 days after the Anticipated Delivery Date you shall be entitled to cancel the Contract and recover your reasonable losses from us.
6.4 We shall have the right to deliver Goods in instalments.
6.5 Upon delivery of the Goods you shall be required to present to the Momentum retailer the following:-
6.5.1 the Order Acknowledgment;
6.5.3 where you have paid for the Goods by card, photographic identification - valid photo passport or photo drivers license only; and
6.5.3.1 the original payment card bearing the same name as the name on the order confirmation and on the photographic identification and matching the last 4 card digits and card expiry date
6.5.4 where you have paid for the Goods by Finance:-
6.5.4.1 a copy of the credit agreement entered into between you and Finance Company to purchase the Goods; and
6.5.4.2 a copy of either your valid driver’s licence (both photo identification and paper halves) or a copy of your valid passport; and
6.5.4.3 either a bank statement or utility bill no less than 3 months old as proof of your address e.g. utility bill (this must be the same address as set out in the credit agreement). The Momentum retailer will take a copy of these to be stored for 90 days.
6.6 If you fail to take delivery of the Goods within a period of 15 Working Days of our written notification that delivery can take place the Goods will no longer be available for delivery. Unless your failure to take delivery of the Goods is due to our fault, we shall be entitled to store the Goods until actual delivery and charge you for the reasonable costs of storage (including insurance) and redelivery. You must call us on 0808 175 1350 to arrange re-delivery to the Momentum retailer and collection from the Momentum Dretailer's Delivery Address (in the case of Click and Collect) or delivery by the Momentum retailer to you at the Delivery Address (in the case of Home Delivery).
6.7 Unless we agree to a longer time period in writing you must advise us of any damage to the Goods which is apparent on delivery or any shortage of the Goods in writing within 14 Working Days following delivery.
6.8 On delivery it is your responsibility to ensure that the total number of packages signed for is the same as the number of packages delivered.
7. Risk and Title of Goods
7.1 Risk of damage to or loss of the Goods shall pass to you:
7.1.1 at the time of delivery; or
7.1.2 if you wrongfully fail to take delivery then risk shall pass to you at the time when we have tendered delivery of the Goods, but you shall not be responsible for any damage to the Goods caused by our negligence.
7.2 Ownership of the Goods shall pass to you on delivery.
8. Cancellations
8.1 You can cancel your order anytime within 28 days from the day of delivery of all of the Goods under the Consumer Rights Act 2015.
8.2 If you wish to cancel the order you can either email us at ridersupport@momentum-biking.co.uk or call us on 0808 175 1350.
If canceling your order, please keep the Goods in your possession and take reasonable care of them before you return them to us; and either return the Goods directly to us at your own cost; or return the Goods to the Momentum retailer you collected them from.
8.2.3.3 Under Home Delivery return the Goods to the Momentum retailer while at the Delivery Address delivering the Goods or return the Goods to the Momentum retailer in-store.
8.3 If you cancel your order we’ll refund you within 14 days from the date we receive the Goods from you or when you return the Goods to the Momentum retailer.
8.3.3 Under Home Delivery you return the Goods to the Momentum retailer whilst at the Delivery Address delivering the Goods or return the Goods to the Momentum retailer in-store in accordance with Clause 8.2.3.3
8.4 If you fail to return the Goods to us or the Delivery Address or where you return the Goods at our expense we’ll be entitled to either deduct the direct costs of collection or return from any refund due to you, or recover such costs from you as a debt from you to us.
8.5 If the value of the Goods has been reduced as a result of the handling and/or use of the Goods beyond what is necessary to establish their nature characteristics and functioning; or you fail to take reasonable care to ensure that we receive the Goods and to see that they are not damaged in transit we may either deduct an amount equal to any loss in value of the Goods from any refund due to you or recover such amount from you as a debt from you to us.
8.6 Orders may only be cancelled outside of the Cooling Off Period with our agreement and on the basis that you will pay to us a sum equivalent to any damages, charges and expenses reasonably incurred by us as a result of the cancellation.
9. Complaints, Warranties and the Return of Goods
9.1 Our warranties ensure that any Goods purchased from us will be free from material defects in materials or workmanship. However, if the item is faulty or not fit for purpose, you can reject or return the goods and demand a refund, a repair or a replacement as per the Consumer Rights Act 2015. If you reject the goods and want a refund, you need to tell us within 30 days of receiving.
9.2 If you make a claim of damaged or defective Goods under the warranty provided above, please tell us about any fault or damage ASAP (you can call us on 0808 175 1350 or email ridersupport@momentum-biking.co.uk; and give us or a Momentum retailer a reasonable opportunity to inspect the Goods in the same condition as they were after discovery of the defect and either return the Goods to us at your cost, or allow us or a Momentum retailer to collect the Goods, for examination to take place at our premises or the premises of the Momentum retailer.
We’ll reimburse you the reasonable cost of packaging and carriage of Goods returned by you if the Goods are found to be damaged or defective; but you’ll be liable to pay us for any reasonable costs incurred by us collecting Goods found not to be defective.
9.3 If you have a valid warranty claim we’re entitled to replace the defective Goods (or part in question) at our cost or refund you the Price (or a proportionate part of the Price) of the relevant part of the Goods found not to conform to warranty.
9.4 We ask you to examine the Goods as soon as is reasonably possible after delivery.
9.5 Subject as expressly provided in these Conditions, all warranties conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law. This Condition 9.5 shall not affect your statutory rights as a consumer.
10. Liability
10.1 You’ll be pleased to know that nothing in these Conditions excludes or limits our liability for death or personal injury caused by negligence, fraudulent misrepresentations or breach of any terms supplied by Statute.
However we aren’t liable for any losses under the Contract which were not foreseeable to us at the time when the contract was made; relate to any business undertaken by you; and/or were not caused by any breach of the Contract by us, our agents or employees.
11. Force Majeure
11.1 We can’t control everything the world throws at us and as such, we’re not liable to you or in breach of this Contract in any way if there’s a delay or failure to perform our obligations because of a cause beyond our reasonable control.
This can include (but isn’t limited to) strike, lock-out or other form of industrial action, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or government order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of supplier or sub-contractors or inability to obtain materials required for performance of the Contract.
12. Assignment
12.1 We may assign the Contract or any part of it to any person.
12.2 You shall not be entitled to assign the Contract or any part of it without our prior written consent which we shall not refuse to give without good reason.
13. Third party rights
13.1 A person who is not a party to the Contract will not have any rights under or in connection with it by virtue of the Contracts (Rights of Third Parties) Act 1999.
14. Severance
14.1 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions shall remain in full force and effect.
15. Waiver
15.1 If either you or us fail or delay or compromise in exercising a right or remedy under the Contract, the right or remedy is not to be treated as having been waived, restricted or varied and any agreement by either you or us to refrain from exercising a right in one particular instance will not prevent you or us from exercising it in full in the future.
16. Cumulative remedies
16.1 All rights and remedies available to either you or us under the terms of the Contract or under the general law are to be cumulative, and no exercise by either you or us of any such right or remedy is to restrict or prejudice the exercise of any other right or remedy granted by the Contract or otherwise available to you or us.
17. Governing law and jurisdiction
17.1 The Contract shall be governed by the laws of England and any court proceedings in relation to the Contract are to be brought in the English Courts.