Terms and Conditions for Purchase of Bikes through Bike Xchange

These Conditions set out the terms on which we, Halfords Limited, will buy from you and you will sell to us your Bicycle. Subject to the following terms, you agree with Halfords that we may re-sell your Bicycle in our stores following purchase.

1. Definitions

In these Conditions, the following definitions shall apply:

Appointment: the appointment you are invited to attend by us in order for us to carry out the Inspection. 
Bike: the bike that you are looking to sell to Halfords through Bike Xchange. 
Business Day(s): 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 in accordance with clause 7. 
Contract: the contract between Halfords and the Customer for the sale and purchase of your bicycle in accordance with these Conditions. 
Customer, you, your: the person who sells their Bicycle to us. 
Gift Card: a gift card provided to you in consideration for your Bicycle for use in Halfords stores only. 
Halfords, we, us, our: means Halfords Limited (company number 00103161) of Icknield Street Drive, Washford West, Redditch, Worcestershire B98 0DE. 
Inspection: a physical inspection of your Bicycle by us in order to determine the Valuation. 
Offer: our offer to purchase your Bicycle from you for the Valuation in gift card form. 
Valuation: the value of your Bicycle determined by Halfords following the Inspection. 
Valuation Assessment: the document presented to you by Halfords following inspection, setting the results of the inspection and valuation.

 

In these Conditions, the following rules apply:

 

1.1. A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality). 
1.2. A reference to a party includes its personal representatives, successors or permitted assigns. 
1.3. Any phrase introduced by the conditions including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms. 
1.4. A reference to writing or written includes e-mails.

2. The Valuation and Offer

2.1. At the Appointment, we will carry out the Inspection in order to determine the Valuation. In order to be eligible, you must bring the following to the Appointment:

(a) Your Bicycle – this must be clean and have a visible frame number; and

(b) Two (2) forms of identification - one must be an original photo ID and the other a proof of address within the last 9 months.

2.2. Following the Inspection, we will provide you with our Valuation Assessment which will include our Valuation and, if applicable, an Offer to purchase your bike. The offer will be non-negotiable, however you are not obliged to accept any Offer made by us pursuant to the Valuation.

2.3. Under no circumstances shall we be obliged to purchase your Bike from you.

2.4. If your Bike is in a poor state of repair to the extent that we are unable to refurbish your Bike and re-sell it, in our sole discretion, we may make an offer to purchase your Bike for a nominal fee and re-cycle it on your behalf.

3. The Contract

3.1. If you wish to accept the Offer, the Contract to purchase the Bicycle in accordance with these Conditions will only be made between us once you have signed the Valuation Assessment presented to you following the Inspection.

3.2. In consideration for your Bike, you shall receive the Gift Card (for further information on our Gift Cards, please refer to https://www.halfords.com/customer-services/shopping-at-halfords/gift-cards.html ).

3.3. Any negotiations or discussions which take place prior to creation of the Contract will not be binding of you or us.

4. Returns

The purchase of your Bike is final. Once we have purchased your Bike, you will not be able to have it returned.

5. Your Representations

5.1. If we buy your Bike, we will be relying upon your representation that:

(a) you are legally capable of entering into a binding contract to sell the Bike;

(b) you are at least 18 years old;

(c) you are the sole and legal beneficial owner of the Bike;

(d) you are not selling the Bicycle in the course of business.

5.2. In the event that you we discover (at any time) that any of the representations listed at 5.1 are (or are, in the reasonable opinion of Halfords, likely to be) inaccurate, untrue or false then we reserve the right to:

(a) request any documentation or information we deem necessary to determine whether the above representations are inaccurate, untrue or false; and/or

(b) withdraw the Offer and rescind the Contract with immediate effect; and/or

(c) where appropriate, seek damages from you.

6. Limitation of Liability

6.1. Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

6.2. Subject to the above, our maximum aggregate liability to you under or in connection with any Contract with you shall not exceed the Valuation of the Bicycle.

6.3. You will compensate us in full for any losses or costs, including reasonable legal fees, we incur as a result of (i) any breach by you of these Terms; or (ii) infringement of the rights of another person.

7. Other Important Terms

7.1. 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.

7.2. This Contract is between you and us. No other person shall have any rights to enforce any of its terms.

7.3. Halfords may amends these Conditions from time to time.

7.4. Each of the paragraphs of these Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

7.5. 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.

7.6. Any personal data collected by us pursuant to these Conditions will be done so in accordance with current UK data protection legislation. For more information, please refer to our Privacy Statement which can be found here.

7.7. These Terms are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland. The only language in which the Contract can be concluded is English.