Terms & Conditions
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These Terms
- What these terms cover. These are the terms and conditions on which we supply products to you.
- 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 products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
- Bespoke nature of the product. The products we sell are bespoke motorcycles, designed to your specifications and personalised to you. The products are built from many components sourced from different suppliers. That means we cannot confirm an accurate build date or delivery date when an order is accepted and delays can occur. In placing your order you acknowledge and agree that due to the nature of the product the circumstances in which you can cancel this contract and obtain a refund are restricted. Your attention is drawn to the following clauses in particular concerning delay:
- Clause 7.2
- Clause 7.4
- Clause 7.7
- Clause 7.8
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Information About Us and How to Contact Us
- Who we are. We are Jumptec Limited t/a CCM Motorcycles a company registered in England and Wales. Our company registration number is 05220363 and our registered office is at Unit 5, Jubilee Works, Vale Street, Bolton, BL2 6QF. Our registered VAT number is 847115624.
- How to contact us. You can contact us by telephoning our customer service team on 01204 544930 or by writing to us at spitfire@ccm-motorcycles.net or Unit 5, Jubilee Works, Vale Street, Bolton, BL2 6QF.
- 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.
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Our Contract with You
- How we will accept your order. Our acceptance of your order will take place when we email, write, call or contact you by other means to accept it, or we tell you that we are able to provide you with the product, which we will also confirm in writing to you, at which point a contract will come into existence between you and us.
- If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
- We only sell to the UK. Our brochure, website and marketing material are solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from or deliver to addresses outside the UK. The products are bespoke motorbikes, built to your specification and duly registered to you and have therefore been designed and constructed for use within the UK. Export to another country is your sole responsibility and we accept no liability from any issues resulting from the export of the product. Warranty support applies only to UK mainland addresses.
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Our Products
- Products may vary slightly from their pictures. The images of the products on our website or in our brochure are for illustrative purposes only. Although we have made every effort to ensure the colours are accurately represented there may be minor variations and we cannot guarantee that a device’s display of the colours, the printed pictures, or a picture in our brochure accurately reflects the colour of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, because our products are handmade and bespoke, all sizes, weights, capacities, dimensions and measurements indicated on our website or in our brochure are not guaranteed to be accurate.
- Product packaging may vary. The packaging of the product may vary from that shown in images on our website or in our brochure.
- We endeavour to manufacture high quality motorcycles that will be suitable for customers across a wide range of height and weights however it is your responsibility to ensure that the bike will accommodate your own specific requirements and CCM Motorcycles cannot be held responsible should you find that this is not the case.
- Making sure your measurements are accurate. If we are making the product to measurements you have given us you are responsible for ensuring that these measurements are correct. You can find information and tips on how to measure by contacting us.
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Your Rights to Make Changes
- If you wish to make a change to the product 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 product, the timing for delivery 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 8, Your rights to end the contract).
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Our Rights to Make Changes
- Minor changes to the products. We may change the product:
- to reflect changes in relevant laws and regulatory requirements;
- to implement minor technical adjustments and improvements.
- as a consequence of the products being built from many different components, some of which may be discontinued, replaced or updated by our suppliers; and
- alter or vary components where for any other reason they may or may not be commercially available to us for any particular order.
- These changes will not affect your use of the product;
- Minor changes to the products. We may change the product:
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Providing the Products
- Collection by you. Products are to be collected from our premises at Unit 5, Jubilee Works, Vale Street, Bolton, BL2 6QF or such other location as may be advised by us otherwise be agreed by us in writing.
- When the products will be available for collection. The products are bespoke motorbikes, built to your specification and duly registered to you. As such we are unable to provide you with a firm or anticipated delivery date when your order is accepted. Following acceptance of your order we will keep you updated with the progress of the build. Before we can build the product in accordance with your bespoke specifications we must obtain the necessary components from our suppliers. We will contact you to confirm the build date which will be the date on which we commence the first sub-assembly. We will also contact you to confirm the completion date which will be the date on which we finalise the assembly and registration. We will then contact you to agree a mutually convenient collection date. If you are unable to accept delivery if your bike within 14 days please note that storage charges may be applied.
- Delivery costs. If you have requested delivery of the products and we have agreed to deliver them, the costs of delivery will be chargeable at the rate of £1.50 per mile plus VAT.
- We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Provided we do this we will not be liable for delays caused by the event. If however, there is a risk of substantial delay being in excess of 12 months from the agreed delivery date, you may contact us to end the contract and receive a refund for any products you have paid for but not received. Possible sources of delay include (but are not limited to):
- delays in the supply of components from our suppliers
- changes to components on the basis of quality and/ or safety.
- If you are not at home when the product is delivered. If we have agreed to deliver the product to you and no one is available at your address to take delivery, we will leave you a note informing you of how to rearrange delivery or collect the products from our premises. We may charge you for storage costs and any further delivery costs.
- If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from our premises we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or rearrange delivery or collection we may end the contract and clause 10.2, You must compensate us if you break the contract, will apply.
- Your legal rights if we deliver the product late. You have legal rights if we deliver the product late. Due to the nature of the product, its many components sourced from different suppliers and its bespoke specification you acknowledge and agree that until we inform you that a delivery date is fixed any date given for anticipated build date, anticipated delivery date or availability for collection is a reasonable estimate only. You may not treat the contract as at an end if we have been unable to set a fixed delivery date, provided we have used our reasonable efforts to progress the build. If we have acted unreasonably or if we have confirmed a fixed delivery date that we have missed, then you may treat the contract as at an end straight away if any of the following apply:
- we have refused to make the product available for collection or refused to deliver it (as the case may be if we have agreed in writing to deliver);
- delivery by the fixed date agreed was essential (taking into account all the relevant circumstances); or
- you told us in writing before we accepted your order that delivery by a particular date was essential.
- Setting a new deadline for delivery/termination for delay in delivery.7.8.1 where you have the right to treat the contract as at an end straight away as a consequence of a delay in delivery of the product, but you do not wish to terminate immediately, you may provide us with a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
- where you do not have the right to treat the contract as at an end as a consequence of a delay in delivery of the product but wish to terminate the contract, you must give us notice in writing. On receipt of your notice we will suspend the build of the product. Within 14 days of receipt of your notice we will inform you of the amount of refund we can offer (if any), taking into account all the circumstances, including (without limitation) the costs we have incurred so far in the manufacture of the product including the cost of components ordered, and the extent to which the product has been made bespoke to your specification. Upon receipt of that information from us you can choose to go ahead and terminate and receive the refund we have offered (if any) or withdraw your notice of intention to terminate following which we will re-commence the build.
- When you become responsible for the goods. The product will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you collect it from us.
- When you own goods. You own the product once the contract is completed. A contract for goods is completed when the product is delivered, and we have received payment in full.
- What will happen if you do not supply required information to us as requested. We may need certain information from you so that we can supply the product to you. If so, this will have been communicated to you over the telephone, in the course of email exchanges, or before you placed your order, or as set out in our brochure and on our website. We will always 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 10.2, You must compensate us if you break the contract, 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 supplying the product late or not supplying any part of it in accordance with your specification if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
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Your Rights to End the Contract
- You can always end the contract with us. Your rights when you end the contract will depend on which product you have bought, the extent to which it has been built to your bespoke specification, whether it has been delivered or collected and there is something wrong with it, how we are performing and when you decide to end the contract;
- If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 11;
- If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
- If you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
- In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.7.
- 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 clause 8.2.1 to clause 8.2.4 below the contract will end immediately and we will refund you in full for the product if it has 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 product you have ordered and you do not wish to proceed;
- there is a risk that supply of the product may be significantly delayed (being in excess of 12 months from a fixed delivery date provided) because of events outside our control;
- we have suspended supply of the product for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 12 months from a fixed delivery date; 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 over the telephone, by mail order, by exchange of
- You can always end the contract with us. Your rights when you end the contract will depend on which product you have bought, the extent to which it has been built to your bespoke specification, whether it has been delivered or collected and there is something wrong with it, how we are performing and when you decide to end the contract;
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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:
- Email. Send an email to info@ccm-motorcycles.net providing your name, home address, details of what you bought, when you ordered or received it and, where available, your phone number and email address.
- By post. Fill in the form included in the Schedule attached to these terms and conditions, and post it to us at the address on the form. Or simply write to us at Unit 5, Jubilee Works, Vale Street, Bolton, BL2 6QF, including details of what you bought, when you ordered or received it and your name and address.
- Returning products after ending the contract. If you end the contract for any reason after the product has been dispatched to you or you have received it, you must return it to us. You must either return the product in person to where you bought them or arrange for it to be sent back to us at Unit 5, Jubilee Works, Vale Street, Bolton, BL2 6QF.
- When we will pay the costs of return. We will pay the costs of return:
- if the product is faulty or misdescribed; or
- if you are ending the contract because we have told you of 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 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 product from you, we will charge you the direct cost to us of collection. The costs of collection will be the same as our charges for standard delivery, as set out in clause 7.3, Delivery costs.
- How we will refund you. We will refund you the price you paid for the products including delivery costs, 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.
- We may reduce your refund of the price (excluding delivery costs) 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 to cover any loss or damage.
- The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
- When your refund will be made. We will make any refunds due to you as soon as possible and in any event within 14 days of the refund becoming due
- Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
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Our Rights to End the Contract
- We may end the contract if you break it. We may end the contract for a product 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 products;
- you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
- You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 any money you have paid in advance for products will be non-refundable. We may charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
- We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
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If there is a Problem with the Product
- How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team on 01204 544 930 or write to us at info@ccm-motorcycles.net or at Unit 5, Jubilee Works, Vale Street, Bolton, BL2 6QF. Alternatively, please speak to one of our staff in-store.
- Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. If your product is goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your product your legal rights entitle you to the following:
up to 30 days: if your goods are faulty, then you can get a refund.
up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a refund, however in the case of motor vehicles, during the first six months any refund may be reduced by a deduction of use, taking into account of the use you have had of the goods in the period since they were delivered.
up to six years: if your goods do not last a reasonable length of time you may be entitled to a repair or replacement, or, if that doesn’t work, some of your money back. See also clause 8.3, Exercising your right to change your mind (Consumer Contracts Regulations 2013). - Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, arrange for them to be sent 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 01204 544 930 or email or write to us at info@ccm-motorcycles.net or Unit 5, Jubilee Works, Vale Street, Bolton, BL2 6QF for a return label or to arrange collection.
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Price and Payment
- Where to find the price for the product. The price of the product (which includes VAT) will be the price as told to you over the telephone, set out in our brochure, on our website, told to you in the course of email exchanges, set out in our most recent price list, as provided to you, or on your order form. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product 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 supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
- What happens if our pricing is incorrect. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
- When you must pay and how you must pay. We accept payment by bank transfer, credit or debit card. You must pay for the product before we dispatch it as follows:
- Holding deposit of £500.00 when you place your order to secure build slot;
- 50% balance of the total value of the product three months prior to us
giving you notice of the Month on which we anticipate commencement of build; and - Final balance of the price of your order to be received in cash or as cleared funds the month prior to your build commencement.
- 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 8% a year above the base lending rate of 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.
- Any delay by you in making payments when they fall due in accordance with clause 12.4 of these terms and conditions may result in a delay in the production of the product.
- 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.
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Our Responsibility for Loss or Damage Suffered by You
- We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process
- 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 products as summarised at clause 11.2, Summary of your legal rights.
- We are not liable for business losses. We only supply the products for domestic and private use. If you use the products 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.
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How We May Use Your Personal Information
- How we will use your personal information. We will only use your personal information as set out in our Privacy Policy. We will use the personal information you provide to us:
- to supply the products to you;
- to process your payment for the products; and
- if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
- We will only give your personal information to third parties where the law either requires or allows us to do so.
- How we will use your personal information. We will only use your personal information as set out in our Privacy Policy. We will use the personal information you provide to us:
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Other Important Terms
- We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
- 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. This contract is between you and us. No other person shall have any rights to enforce any of its 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. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment 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.