VONCRANK Terms and Conditions
What these terms cover. These are the terms and conditions on which we provide services to you including, where appropriate, goods and spare parts (together “services”).
Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
Information about us and how to contact us
Who we are. We are VONCRANK LIMITED a company registered in England and Wales with company registration number 10156618. Our registered office is at 1a Narbonne Avenue, Narbonne Avenue, London, United Kingdom, SW4 9JR.
How to contact us. You can contact us by telephoning our customer service team at 03333 448 558 or by writing to us at firstname.lastname@example.org or via post to 1a Narbonne Avenue, Narbonne Avenue, London, United Kingdom, SW4 9JR.
How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
"Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
Our contract with you
Your order. You can place an order for our services on our website or mobile application. At the time of placing the order, you must specify the type of services, location, date and time where you would like the services to be provided.
How we will accept your order. Our acceptance of your order will take place:
if you place an order for our services on our website, when we email you to accept it; or
if you place an order for our services on our mobile application, when we confirm via the mobile application that we can provide the services to you,
- at which point a contract will come into existence between you and us (hereinafter referred to as the “contract”).
If we cannot accept your order. If we are unable to accept your order, we will inform you of this by email or via the mobile application and will not charge you for the services. This might be (amongst others) because of unexpected limits on our resources which we could not reasonably plan for, because you are outside our service location, because we cannot find an available mechanic, because we have identified an error in the price or description of the services or because we are unable to meet a booking time you have specified.
Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
We only sell to the UK. Our website and mobile application is solely for the provision of our services in the UK. Unfortunately, we do not accept orders from addresses outside the UK.
Your right to make changes
If you wish to make a change to the services you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the services, the timing of provision of the services or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 10 - Your rights to end the contract).
We provide a service whereby you can order bicycle repair and servicing services on our website or mobile application and we will arrange for a third party contractor (known as a “mechanic”) to provide such services to you at a time and location convenient to you as set out in the contract.
The services that we provide are described on our website or mobile application from time to time. We reserve the right to change the description of the services from time to time and will publish any update on our website and/or mobile application as necessary.
When placing an order or making a booking on our website, you agree that the mechanic will provide the services to you as set out in the order. By placing an order, you also confirm that you understand that the mechanic (not us) will be providing the services to you and that we simply facilitate this to you through our website or mobile application.
Subject to clause 5.5, the mechanic shall use his reasonable efforts to arrive at the location at the time specified in the contract. However, if the mechanic is unable to do so, he may arrive within 30 minutes of the time specified in the contract. Such a delay will not give you any right to terminate the contract and/or cancel the order.
We are not responsible for delays outside our control. If provision of the services is delayed by an event outside our (or the mechanic’s) control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any services you have paid for but not received.
If you are not at the location at the agreed time and date. If you are not at the location specified in the confirmation email within 15 minutes of the time and date specified in the confirmation email, we may end the contract and clause 12.2 will apply.
If you do not allow us access to provide services. If you do not allow the mechanic access to your property or site where your bicycle is located to perform the services as arranged (and you do not have a good reason for this) we may end the contract and clause 12.2 will apply.
When you become responsible for and own any goods. Where the mechanic provides you with spare parts as part of the services, such spare parts will be your responsibility from the time the mechanic provides such spare parts to you. You will own any spare parts provided by the mechanic to you as part of the services once we have received payment in full.
What will happen if you do not give required information to us. We may need certain information from you so that we can provide the services to you, for example, your name, mobile number, email address and card details, as well as certain information regarding your bicycle such as style, make and model. We may also need you to send us a photo or video of your bicycle. If so, this will have been stated in the description of the services on our website or mobile application. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 12.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for providing the services late or not providing any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
Providing the Services
In order for the mechanic to be able to provide the services, you must, unless otherwise agreed in the contract, provide the mechanic with:
unrestricted access to the bicycle, including that the bicycle must not be locked. If access to the bicycle is restricted in any way, we will contact you to request that you provide unrestricted access to the bicycle as soon as possible; and
a level 2m² area in which to provide the services.
If you fail to comply with clause 6.1, we may terminate this contract and clause 12.2 will apply.
When the mechanic has completed the services, he/she will take a picture or video of the bicycle and we will send you the picture or video via email or the mobile application. If you are not present when the services have been completed or if the bicycle cannot otherwise be locked when the mechanic has completed the services, the mechanic may lock your bicycle using a lock provided by us. In such circumstances, the cost of the lock will be added to your final invoice. We accept no responsibility whatsoever for any loss or damage caused to the bicycle after the mechanic has completed the services.
Circumstances in which the services cannot be provided
If the mechanic believes, in his sole discretion, that:
he cannot satisfactorily carry out the requested services to the bicycle at the location specified in the contract and you refuse to grant the mechanic permission to move the bicycle to a more appropriate location;
the bicycle has been stolen; and
you are behaving in an abusive or threatening manner;
- we may terminate this contract and clause 12.2 will apply.
Spare Parts and Additional Services
Spare Parts. Some of our services may require the provision of spare parts. Where this is the case, this will be specified in the description of our services on our website or mobile application, or will be notified to you by email or via the mobile application. We will inform you of any additional cost of providing such spare parts by email or via the mobile application and will ask you to confirm whether you wish to proceed with the services. If you do not wish to proceed with the services, you may terminate the contract. If you do wish to proceed, the cost of the spare parts will be added to your invoice.
The mechanic may be required to order any spare parts which are not in stock. You must allow 10 business days for such spare parts to be delivered to the mechanic. Where spare parts have not yet been procured by the mechanic by the agreed date for providing the services, an alternative service date will be agreed with you.
Additional Services. If the mechanic considers, at his sole discretion, that the extent of the services ordered are insufficient to restore the bicycle to a safe, roadworthy condition, we will contact you and inform you of the additional services required to restore the bicycle to such condition. You may request such additional services to be carried out to the bicycle at the prices specified on our website, or as otherwise agreed in writing with us. If you request such additional services, we will contact you to arrange a time and date to carry out the additional services. If you decide not to request the additional services, the mechanic will complete the provision of the services in accordance with these terms and conditions.
Price and payment
Where to find the price for the services. The price of the services (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the services advised to you is correct. However please see clause 9.3 for what happens if we discover an error in the price of the services you order.
We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we provide the services, we will adjust the rate of VAT that you pay, unless you have already paid for the services in full before the change in the rate of VAT takes effect.
What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the correct price of the services at your order date is less than our stated price at your order date, we will charge the lower amount. If the correct price of the services at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
When you must pay and how you must pay. We accept payment via credit or debit card.
You must make an advance payment of 20% of the price of the services, at the time that you make your order. We will invoice you for the balance of the price of the services when the services have been completed by the mechanic and when any goods have been provided. You must pay each invoice within 7 calendar days after the date of the invoice.
All payments must be made directly to us. No payments, other than tips, may be made to the mechanic.
We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
Membership Packages. You may purchase one of the membership packages listed on our website or mobile application. The terms on which we supply such membership packages, including the payment terms, are set out on our website and on our mobile application.
Payment processing services on the Online Platform are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By being a Partner Mechanic on VONCRANK, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. Payment of the Partner Mechanic may depend on Partner Mechanic filling in all details required by Stripe, such as date of birth and, in the event of a Professional Partner Mechanic, a company registration number. If Stripe blocks a payment in accordance with the Stripe Services Agreement, VONCRANK is entitled to cancel the Purchase agreement and refund the Buyer. In those cases, VONCRANK cannot be held liable or responsible for any damages related to the cancellation of the Purchase agreement.
Your rights to end the contract
Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at 10.1.1 to 10.1.3 below, the contract will end immediately and we will refund you in full for any services which have not been provided and you may also be entitled to compensation. The reasons are:
we have told you about an error in the price or description of the services you have ordered and you do not wish to proceed;
there is a risk that provision of the services may be significantly delayed because of events outside our (or the mechanic’s) control; or
you have a legal right to end the contract because of something we have done wrong.
Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
When you don't have the right to change your mind. You do not have a right to change your mind in respect of:
services, once these have been completed, even if the cancellation period is still running; and
contracts where you have specifically requested a visit from us for the purpose of carrying out urgent repairs or maintenance.
How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.
Have you bought services? If so, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
Have you bought goods?If so you have 14 days after the day you (or someone you nominate) receives the goods.
Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for good or services not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) £10 as compensation for the net costs we will incur as a result of your ending the contract.
How to end the contract with us (including if you have changed your mind)
Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
Phone or email. Call customer services on 03333 448 558 or email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
Returning products after ending the contract. If you end the contract for any reason after goods have been provided to you or you have received them, you must return them to us. You must either post the goods back to us at 1a Narbonne Avenue, Narbonne Avenue, London, United Kingdom, SW4 9JR or (if they are not suitable for posting) allow us (or the mechanic) to collect them from you. Please call customer services on 03333 448 558 or email us at firstname.lastname@example.org for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
When we will pay the costs of return. We will pay the costs of return:
if the goods are faulty or misdescribed; or
if you are ending the contract because we have told you of an upcoming change to the services or goods or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
What we charge for collection. If you are responsible for the costs of return and we are collecting the goods from you, we will charge you the direct cost to us of collection.
How we will refund you. We will refund you the price you paid for the goods or services, by the method you used for payment. However, we may make deductions from the price, as described below.
Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
We may reduce your refund of the price to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
If we have not offered to collect any goods, your refund will be made within 14 days from the day on which we receive the goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the goods back to us.
In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
- Our rights to end the contract
We may end the contract if you break it. We may end the contract at any time by writing to you if:
you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services, such as the information listed in clause 5.9;
you do not, within a reasonable time, allow us to provide the services to you;
you do not, within a reasonable time, allow us access to your premises to supply the services; or
we are entitled to terminate the contract under clauses 5, 6 or 7.
You must compensate us if you break the contract. If we end the contract in the situations set out in clause 12.1 we will refund any money you have paid in advance for the services we have not provided but we may deduct or charge you £10 as compensation for the net costs we will incur as a result of your breaking the contract.
If there is a problem with the services
How to tell us about problems. If you have any questions or complaints about the services, please contact us. You can telephone our customer service team at 03333 448 558 or write to us at email@example.com.
Your legal rights. We are under a legal duty to provide services that are in conformity with this contract. Nothing in these terms will affect your legal rights.
Your obligation to return rejected goods. If you wish to exercise your legal rights to reject goods you must either post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 03333 448 558 or email us at firstname.lastname@example.org for a return label or to arrange collection.
Our responsibility for loss or damage suffered by you
Our liability. Subject to clause 14.2, our liability for any loss or damage caused to your bicycle by our negligence or the negligence of the mechanic shall be limited to the cost of repairing or replacing your bicycle.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services.
We are not liable for business losses. We only provide services for domestic and private use. If you use the services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
How we may use your personal information
How we will use your personal information. We will use the personal information you provide to us:
to provide the services to you; and
to process your payment for the services.
We will only give your personal information to third parties where the law either requires or allows us to do so.
Other important terms
We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.