About us

XYZ CARGO was developed by N55 in collaboration with Till Wolfer. 

For orders outside of the UK please visit: www.xyzcargo.com

2. How to contact us
You can contact us by sending an email to info@xyzcargo.co.uk or calling us on 07432201072.

3 These terms

3.1 These terms apply to any purchases you make on our website or by email. Please read these terms carefully before you place any orders, as they set out important information about your and our rights and obligations. Please note that you must agree
to these terms before you place your order.

3.2 For the purposes of these terms, you are a ‘consumer’ if you are buying products from our site as an individual for purposes wholly or mainly outside of your trade, business, craft or profession. You are a ‘business customer’ if you are buying products from our
site for purposes relating to your trade, business, craft or profession. Some terms only apply to your order if you are a consumer and other terms only apply to your order if
you are a business customer, so please make sure you read these terms carefully.

3.3 Any reference to ‘we’, ‘us’ or ‘our’ in these terms is to XYZ CARGO UK , and any reference to ‘you’ or ‘your’ is to the person placing an order on our site.

3.4 You must be at least 18 years old and a resident of the UK to place an order on our site. If you are a business customer placing an order on behalf of a business, you confirm that you have authority to place such order for and on behalf of that business.

3.5 We may make changes to these terms at any time. However, the terms which apply to your order will be those in force at the time you submitted your order to us.

3.6 Please print out or save a copy of these terms and any emails from us for your records, as we will not save or file a copy for you. These terms are only available in English.

3.7 Your use of our site is governed by our Website Terms of Service
www.xyzcargo.co.uk/terms-of-service

4 Orders

4.1 Please check your order carefully and correct any errors before you submit it to us.

4.2 After you place your order, we will send you an acknowledgment email to let you know that we have received your order. This does not mean that your order has been accepted by us. Your order is an offer to buy products from us on these terms.

4.3 Acceptance of your order by us takes place (in the case of any good for which products are to be made to your particular specification), when we confirm acceptance of your
order and issue an invoice or (in the case of off-the shelf products) when we dispatch your order to you and issue an invoice for them. Please check your invoice carefully and correct any errors before payment. The point at which a legally binding contract arises on these terms is the point we issue the invoice to you. We will send you a shipping confirmation email to let you know once your order is ready to be dispatched.

4.4 If we do not accept your order, for example because we have been unable to pre-authorise the payment, the products are unavailable, you are under 18 or there has been a mistake regarding the pricing or description of the products, we will email you using the details you provided when you placed your order. We have the right to reject any order for any reason.

4.5 If we are making any bespoke or personalised products for you which are based on measurements or other information you provide to us, you are responsible for ensuring
that the information is correct. In order to avoid problems, please check your measurements carefully.

5 Availability
All orders are subject to availability. Due to supply issues; components might be changed to similar or better quality.

6 Making changes to your order
If you would like to make any changes to your order after you have submitted it, please contact us as soon as possible and we will let you know if it is possible to change your order.

7 Product descriptions

7.1 Descriptions of our products are set out on the site.

7.2 Please read the product description carefully. Pictures and images of the products or their packaging on our site are for illustration purposes only. Your products and their
packaging may vary slightly from those pictures or images.

7.3 We cannot guarantee that the colours displayed on your device will match exactly the appearance of your products. The colours of the products displayed on our site may
vary depending on what device you are using and your settings.

7.4 All weights, sizes and measurements set out on our site are as accurate as possible but there may be a small tolerance of up to 5%.

8 Use restrictions

8.1 If you are a consumer, you must use our products only for domestic and personal use.
You must not use our products for commercial, business or resale purposes.

8.2 If you are a business customer, you must use our products only for internal business purposes. You must not use our products for resale purposes.

9 Prices
9.1 Prices for our products are set out on the site. All prices are in pounds sterling (£)(GBP) and are inclusive of VAT at the applicable rate, and exclude delivery charges.

9.2 Prices for our products and delivery charges may change at any time. Except as set out in clause 9.3 below, such changes will not affect existing orders.

9.3 If there has been an error on the site regarding the pricing of any of our products and this affects your order, we will try to contact you using the contact details you provided
when you placed your order. We will give you the option to re-confirm your order at the correct price or to cancel your order. If we are unable to contact you, we will treat the order as cancelled and notify you by email.

10 Payment

10.1 We currently accept payment by bank transfer, details of which are contained on our invoice. We are looking into accepting other means of payment.

10.2 We normally take full payment on placement of an order. At our entire discretion, we may agree to take a deposit on placement of an order with full payment being made
prior to despatch of the products.

11 Delivery dates and costs
11.1 We aim deliver to most UK postcodes by next day delivery. We may be able to arrange a delivery on a Saturday but there is a premium for this service. There might be a delay to delivery for forces outside of our control. There might be a delay on deliveries to the Highland and Islands and these might incur an additional charge. We are unable to deliver any products outside of the UK. If you are an international customer, you will need to visit; www.xyzcargo.com

11.2 When your product is ready for despatch we will contact you to arrange delivery. Your order will be delivered on the agreed delivery date or within the delivery period specified, depending on the delivery option you choose. We will deliver your order
within 14 days of the shipping confirmation email unless otherwise agreed between you and us.

11.3 Any delivery dates stated during the order process, or in your order acknowledgment or shipping confirmation emails, are estimates, unless we have agreed a specific delivery date with you.

11.4 We will do all that we reasonably can to deliver your order within the delivery period or on the delivery date agreed with you, but such dates cannot be guaranteed and are
dependent on the performance of our delivery service providers. If your delivery is delayed, we will email you to let you know as soon as reasonably possible. However, we are not liable to you for any losses you incur if delivery is delayed because of
circumstances beyond our reasonable control (for example, severe weather, industrial action, accidents or unpredictable traffic delays).

12 Delivery

12.1 We will deliver your order to the address specified by you when you placed your order.

12.2 If no one is available to take delivery, we will follow the delivery instructions you provided to us. Otherwise we will contact you to arrange delivery at another time. If further delivery attempts are unsuccessful we reserve the right to notify you by email,
cancel your order and refund you the price of the products (but not the delivery charges).

12.3 Please examine the products as soon as reasonably possible after delivery and notify us of any fault or damage as soon as reasonably possible.

12.4 Once your order has been delivered to your address or in accordance with the delivery instructions you provided to us, the risk in the products passes to you. This means that
you are responsible for the products and we are not liable to you if the products are stolen or damaged after they have been delivered to you. This does not affect your legal rights if the products are faulty or misdescribed. Ownership of the products passes to you once you have paid for them in full.

13 Consumer cancellation rights

This clause 13 only applies to you if you are a consumer.

13.1 You have 14 days from the delivery date to change your mind and cancel your order.
This does not apply to bespoke or personalised products, or any products that have a protective or hygiene seal (eg underwear, beauty products, pierced jewellery, DVDs, video games etc) if that seal has been broken. Since our products are bespoke and made to order, this cancellation right will not apply to most orders.

13.2 In the event that statutory cancellation rights apply, and you wish to exercise them, please email us or send the Cancellation Form in the Appendix to: info@xyzcargo.co.uk or call us 07432201072

.
13.3 If you have already received your order and wish to exercise your statutory rights to cancel, you must return the products to us within 14 days of telling us that you want to cancel your order. The deadline is met if you send the products back to us before the
14-day period has expired. We strongly recommend that you get proof of postage. We may withhold the refund until we have received the products back from you or until you
have provided us with evidence that you have sent the products back (whichever is earlier).

13.4 Products must be returned to us in a new and unused condition and, to the extent possible, in their original packaging. We may make a deduction from the refund amount
if you have handled the product in a way that has diminished the value of the product, if such handling was beyond what is necessary to establish the nature, characteristics
and functioning of the products. You are responsible for the products while they are inyour possession.

13.5 Unless your products are faulty or misdescribed, you are responsible for the cost of returning the products to us.

13.6 We will provide you with a full refund (subject to clause 15 and assuming the products have not been damaged in your possession) as soon as possible if the statutory
cancellation rights apply. If you cancelled before you received any products, we will issue the refund no later than 14 days after the day on which you told us that you want to cancel. If you have sent products back to us, we will issue the refund no later than
14 days after the day we receive the products back from you or, if earlier, 14 days after the day you provide us with evidence that you have sent the products back.

13.7 We will issue your refund to the same payment method you used when you placed your order.

14 Faulty products—consumers

This clause 14 only applies to you if you are a consumer.

14.1 The products that we provide to you must be as described, fit for purpose and of satisfactory quality. We are under a legal duty to supply products that are in conformity with our contract with you.

14.2 During the expected lifespan of your product, you are entitled to the following:
Up to 30 days: If your product is faulty, we will try to rectify the default.
Up to 1 (one) year: Manufactures warranty on components.
Up to 5 (five) years: Parts and Labour warranty of the Frame of the cycle. Please note if the frame has been modified or disassembled without the written consent of XYZ CARGO UK LTD, the warrenty will be null and void.

 If the owner of the XYZ CARGO CYCLE follows the instructions for use and if defects are not caused by changes of the original setup of the construction, deliberate destruction, collision, anomalous use, negligence or normal wear, XYZ CARGO UK offer the following warranty:

·       5 years warranty on the frame for defects in manufacture or materials

Please note: XYZ CARGO don’t provide on-site service for warranty claims. For warranty claims that require, not only spare parts, but also access to your complete cycle, you need to take care of bringing it to an official XYZ CARGO workshop. Work not authorised beforehand could endanger you, and your warranty may become void.

 14.3 This is a summary of some of your key rights. They are in addition to your right to cancel your order as set out in clause 13 above. For more detailed information on your rights, please visit the Citizens Advice website at www.citizensadvice.org.uk or call
03454 04 05 06.

14.4 If your products are faulty or misdescribed, please contact us as soon as reasonably possible.

14.5 The rights granted under this clause may only be exercised by the person named on our invoice and are subject to the products being used for personal use unless otherwise agreed by us.

15 Faulty products—business customers

This clause 15 only applies to you if you are a business customer.

15.1 We warrant that the products will, conform in all material respects to their product descriptions on the site; be free from material defects in design, material and workmanship; and be of satisfactory quality within the meaning of the Sale of Goods Act 1979.

15.2 As your sole and exclusive remedy, we will (at our option) repair, replace or refund any individual parts that do not comply with clause 15.1, provided that:

15.2.1 you notify us by email to info@xyzcargo.co.uk not later than fourteen calendar days from unpacking the product in the case of defects discoverable by a physical inspection, or within a reasonable period of time from delivery in the case of latent defects;

15.2.2 you provide us with sufficient information as to the nature and extent of the defects;

15.2.3 you give us a reasonable opportunity to examine the defective products; and

15.2.4 you return the defective products to us at our expense (if we request).

15.3 Except as set out in this clause 15, we give no warranties and make no representations in relation to the products, and all warranties and conditions (including the conditions
implied by sections 13–15 of the Sale of Goods Act 1979), whether express or implied by statute, common law or otherwise are excluded to the extent permitted by law.

16 Events beyond our control
We are not liable to you if we fail to comply with these terms because of circumstances beyond our reasonable control.

17 Our liability to consumers

This clause 17 only applies to you if you are a consumer.

17.1 If we breach these terms or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time the contract was made, it was either clear that such loss or damage would occur or you
and we both knew that it might reasonably occur, as a result of something we did (or failed to do).

17.2 We are not liable to you for any loss or damage that was not foreseeable or any loss or damage not caused by our breach or negligence. As any products that we supply to you are for your personal, domestic and non-business use only, we are also not liable to you for any business loss or damage.

17.3 Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that would be illegal for us to exclude or limit.

17.4 Nothing in these terms affects the rights that you have if your products are faulty or misdescribed.

18 Our liability to business customers

This clause 18 only applies to you if you are a business customer.

18.1 Subject to the below, our liability under or in connection with these terms (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) will not exceed the total price paid for the products.

18.2 We will not be liable to you under or in connection with these terms (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) for:

18.2.1 consequential, indirect or special losses; or
18.2.2 any of the following (whether direct or indirect):
(a) loss of profit;
(b) loss of opportunity;
(c) loss of savings, discount or rebate (whether actual or anticipated); or
(d) harm to reputation or loss of goodwill.

18.3 Nothing in these terms will limit or exclude our liability for:
18.3.1 death or personal injury caused by negligence;
18.3.2 fraud or fraudulent misrepresentation; or
18.3.3 any other losses which cannot be excluded or limited by law.

19 Your information
Any personal information that you provide to us will be dealt with in line with our Privacy Policy available on our website at www.xyzcargo.co.uk/privacy-policy which explains what information we collect and hold about you, and how we collect, store, use and share such information.

20 No third party rights
No one other than us or you has any right to enforce any of these terms.

21 Complaints
21.1 If you are unhappy with us or the products you ordered, please contact us at info@xyzcargo.co.uk

22 Governing law and jurisdiction
22.1 If you are a consumer, the laws of Scotland apply to these terms, although if you are resident elsewhere in the UK you will retain the benefit of any mandatory protections given to you by the laws of the region of the UK in which you live. Any disputes will be subject to the non-exclusive jurisdiction of the Scottish courts. This means that you can choose whether to bring a claim in the courts of Scotland or in the courts of the part of
the UK in which you live.

22.2 If you are a business customer, these terms and any dispute or claim arising out of, or
in connection with, the terms, their subject matter or formation (including non-contractual disputes or claims) will be governed by, and construed in accordance with,
the laws of Scotland. You and us both irrevocably agree that the courts of Scotland will have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, these terms, their subject matter or formation (including non-contractual disputes or claims).

23 General terms

23.1 You are not allowed to transfer your rights under these terms to anyone without our prior written consent. We may transfer our rights under these terms to another business without your consent, but we will notify you of the transfer and make sure that
your rights are not adversely affected as a result. The terms of any warranty are not transferable.

23.2 If any provision of these terms (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of these terms will not be affected.

23.3 If you breach these terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these terms.

23.4 If you are a business customer, any variation to these terms will not be binding unless expressly agreed in writing between you and us.

23.5 If you are a business customer, you and we both agree that these terms constitute the entire agreement between you and us in relation to your order. You acknowledge that you have not entered into these terms in reliance on any representation or warranty that is not expressly set out in these terms and that you will have no claim for innocent or negligent misrepresentation on the basis of any statement in these terms.

APPENDIX
Model cancellation form
To : XYZ CARGO UK

I/We hereby give notice that I/We cancel my/our contract for the sale of the following goods
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s)

Signature of consumer(s) (only if this form is notified on paper),
Date