Terms and Conditions

Terms and Conditions of Sale

THESE TERMS SET OUT THE BASIS ON WHICH WE MAY SELL CYTRONEX KITS TO YOU AND TO FIT THE KIT(S) WHERE REQUIRED, EITHER TO A BICYCLE THAT YOU BUY FROM US OR TO YOUR OWN EXISTING BICYCLE.  THEY ALSO COVER THE SALE OF OTHER GOODS TO YOU BY US.

1. Defined Words Used in These Terms

1.1 In these Terms, when we say:

  • 1.1.1 Kit or Kits, we mean the Cytronex kit that we sell;
  • 1.1.2 Bicycle or Bicycles, we mean bicycles that we sell to which we will fit the Kit(s);
  • 1.1.3 Good or Goods, we mean the goods that we sell, other than Kits or Bicycles;
  • 1.1.4 order, we mean an order placed by you for the Kit through our Website or using such other means as we may permit from time to time;
  • 1.1.5 our agreement, we mean our agreement as defined in clause 1;
  • 1.1.6 Privacy Policy, we mean our privacy policy, full details of which can be found on our Website;
  • 1.1.7 Terms, we mean these terms and conditions of sale;
  • 1.1.8 we, us or our, we mean Modern Times Limited, Registered Office 7, Bridge Street, Winchester, SO23 0HN, UK (registered in England and Wales with company registration number 02432815). Our VAT registration number is 912 6777 10.
  • 1.1.9 Website, we mean the website (cytronex.com (or such other URL as we may specify from time to time)) that is operated by us or on our behalf; and
  • 1.1.10 you or your, we mean you, the customer ordering and purchasing Kit(s) and/or Bicycles.

1.2 In some areas you will have different rights under these terms depending on whether you are a business or a consumer. You are a Consumer if: you are an individual; you are buying Goods, Kits, and/or Bicycles from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

1.3 If you order Goods, Kit(s) and/or Bicycle(s) on behalf of a company, organisation or other entity, then (i) you (as defined in clause 1.10) includes you and that company, organisation or other entity, and (ii) you represent and warrant that you are authorised to bind the company, organisation or other entity to our agreement (including these Terms), and that you agree to our agreement (including these Terms) on behalf of yourself and the company, organisation or other entity.

1.4 These Terms set out the basis on which we sell Goods, Kit(s) and/or Bicycle(s) to you. Subject to clause 3, by submitting an order for and/or purchasing any Goods, Kits and/or Bicycles, you are indicating your acceptance of these Terms and you agree to be bound by these Terms. If you do not accept these Terms, you will not be able to order or purchase any Goods, Kit(s) and/or Bicycles from us through our Website.

1.5 These Terms are only in the English language. Our agreement will not be filed by us.

1.6 If you view these Terms via our Website, you should print a copy of these Terms or save them to your computing device for future reference.

2. This Agreement

2.1 Each order you place and purchase of Goods, Kit(s) and/or Bicycles you make is subject to these Terms and any additional terms that apply to any promotional or special offers (together our agreement).

3. Ordering Goods, KIT(S) and/or Bicycles with KITS From us

3.1 Because the Kit is a bespoke product which is tailored to your own existing bicycle or the Bicycle which we sell you and to which we will fit the Kit, where you order Kits and/or Bicycles you may not cancel your order once it is submitted, unless otherwise agreed with us or where we offer you the facility to do so. This does not affect your rights under clause 11.

3.2 You will have an opportunity to check and correct any input errors in your order via the Website up until the point at which you submit your order by clicking the “place order now” (or similar) button on the check-out page of our Website. Please carefully check your order at each stage of the order process. Once you have clicked the confirm order and pay (or similar) button, you will need to pay for the Goods, Kit(s) and/or Bicycle(s) you have ordered via the Website.

3.3 Your order is an offer to purchase from us. When you place an order with us, you do so in accordance with the terms of our agreement, subject to our acceptance of your order. We will send you an email acknowledging receipt of your order, together with your order number and details of the Goods, Kit(s) and/or Bicycle(s) you have ordered. Please note this email is an acknowledgement and is not an acceptance of your order.

3.4 Unless we have notified you that we do not accept your order, we accept your order as follows:

  • 3.4.1 Where you place an order for Kits and/or Bicycles via the Website, we accept your order seven days after the date of your order, or when we start to make the Kit(s) for you, whichever is the earlier.
  • 3.4.2 Where you place an order for Goods via the Website, we accept your order when we send you an email confirming despatch of the Goods,
  • 3.4.3 Where you place an order in store, we accept your order when we provide you with a sales advice confirming that the order has been placed and processed;
  • 3.4.4 when you place an order by telephone, we accept your order when we confirm that the order has been placed and processed.

3.5 Our agreement is formed when we accept your order (or offer to make a purchase) as set out in clause 3.4. The processing of your payment and acknowledgement of receipt of your order (whether by email, telephone or otherwise) does not constitute legal acceptance of your order.

3.6 We may choose not to accept your order for any reason and we will not be liable to you or to anyone else in those circumstances. If we do not accept your order (whether in whole or in part) we will refund any monies paid in connection with that order (or that part of the order that we do not accept).

3.7 If we accept your order, we have a legal duty to supply our Goods, Kit(s) and Bicycle(s) in conformity with our agreement, except as allowed by the terms of clause 13

3.8 You must be 18 or over to purchase Goods, Kit(s) and Bicycle(s) from us via our Website.

3.9 If you place an order via our Website (or where we have otherwise stated that we will), we will send you an email confirming despatch of the Goods, Kit(s) and Bicycle(s) ordered by you or their availability for collection in store (as the case may be).

4. Fitting of KIT(S) and Compliance

4.1 Where you buy Kit for fitting to your existing bicycle(s), whether you are acting as a consumer or where you are acting in the course of a business, for your or your employees use or that of any other person, including consumers, or where you buy Kit which you then fit to another person’s existing bicycle, you must fit the Kit in accordance with the Fitting Instructions supplied to you with the Kit. We accept no responsibility or liability for your failure to do so or for any incorrect fitting of the Kit.

4.2 The Kit comes with comprehensive Fitting Instructions. Where you are fitting the Kit to your existing bicycle, and you require personal installation advice, we reserve the right to charge you an additional fee for providing this advice.

4.3 Where you are fitting the Kit to your existing bicycle, it is your responsibility to ensure that it meets the relevant pedal bicycle safety standards and requirements applicable in the country of destination, is roadworthy, and has been serviced and maintained appropriately. We accept no responsibility or liability should your bicycle not meet these requirements.

4.4 It is your responsibility to ensure that your bicycle or the bicycle to which the Kit is fitted or the Bicycle which you buy from us can be legally ridden with the Kit fitted in the country in which it is to be used. We will not be liable or responsible under this agreement if the bicycle or Bicycle cannot be approved, authorised, certified or legally ridden in the country for which it is destined and/or does not meet the regulatory standards or specifications in the country of destination.

4.5 Where you buy a Bicycle from us to which we will fit the Kit:

  • 4.5.1 We will ensure that it meets the relevant UK pedal bicycle safety regulations, standards and other requirements; and
  • 4.5.2 We will fit the Kit to the Bicycle using reasonable care and skill.

5. Pricing and Delivery Charges

5.1 Unless otherwise stated, prices for Goods, Kit(s) and Bicycle(s) are inclusive of value added tax (VAT). VAT will be applied and will be shown on your invoice at the current applicable rate.

5.2 Prices for Goods, Kit(s) and Bicycles exclude delivery charges unless expressly stated otherwise. Delivery charges vary depending on the Goods, Kit(s) and Bicycles you order, the delivery address and the delivery method you select. When you place an order via our Website, delivery charges are calculated automatically in your shopping basket depending on your choices and delivery address and added to your order.

5.3 From time to time we may provide you with access to a discounted price for Goods, Kit(s) and Bicycles. To take advantage of these promotional prices, you must include the relevant discount code when you order (where applicable). We may update promotions at any time.

6. Paying for Your GOOD(S), KITS AND BICYCLES

6.1 The total cost of your order and/or purchases is the price of the Goods, Kit(s) and Bicycles and applicable delivery charges.

6.2 We must receive payment in advance before your order and/or purchase can be processed, unless we have agreed otherwise in advance in writing.

6.3 Payment can be made by:

  • 6.3.1 Credit Card – we currently accept Visa and MasterCard. We are unable to accept American Express and pre-paid credit cards; and
  • 6.3.2 all debit cards with a Visa or MasterCard logo.

6.4 When you pay by credit or debit card, you will automatically be transferred to a secure third party server called Opayo. Opayo will process your card payment transaction in a highly secure environment using 128 bit SSL Encryption. Opayo is a fully approved payment processor with all major UK acquiring banks. At no stage are your card details notified to us. Upon completion of your payment, you will automatically return to our website.

6.5 If you use a credit/debit card to pay for your order, you must use your credit/debit card or a credit/debit card that you are otherwise authorised to use. All credit/debit card holders are subject to validation checks by third parties and authorisation by the card issuer. If the issuer of the card refuses to authorise payment or any other validation checks return adverse results, we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.

6.6 We are not responsible for the card issuer or bank charging the cardholder as a result of our processing of the credit/debit card payment in accordance with your order.

6.7 We may agree to accept payment by another method with you e.g. payment by Bacs. This will be confirmed to you before you place an order.

7. Delivery and Shipment of Your Order

7.1 When you order, the terms that apply to your delivery will depend upon the Goods, Kit(s) and/or Bicycle(s) that you order, the delivery address and the delivery method you select.

7.2 The Kit is a bespoke product and is made to order, tailored to your existing bicycle or wheel, or, where relevant, to a Bicycle which you have ordered and to which we will fit the Kit. We will use reasonable endeavours to deliver the Goods, Kit(s) and/or Bicycle(s) on any specified date we agree. The dispatch time estimates shown on the Website or your payment confirmation are a guide only. If we cannot deliver your order within 30 days of your payment (including, but without limitation, where we don’t have all the components for your Kit in stock) we will provide by email an estimated date on which your order will be completed and be ready for dispatch or collection.  If you do not accept the revised estimated dispatch/collection date, you will be entitled to cancel your order (within 14 days) and receive a refund.  If you accept the revised estimated dispatch/collection date you will not then have the right to cancel your order except at our discretion, and we reserve the right to make a charge (see Clause 8 regarding cancellation terms). We will notify you by email that the Goods, Kit(s) and Bicycles have been dispatched. The courier that we use will then contact you to confirm the delivery arrangements.

7.3 You must also do all that you reasonably can to enable the delivery to take place on the given date. If our courier is unable to deliver the Goods, Kit(s) and/or Bicycle(s) as a result of your action or inaction (for example, you are not present at your property), our courier may need to arrange an alternative delivery date and we reserve the right to charge you a further fee for this in the event that we are charged, or if the Goods, Kit(s) and/or Bicycles are returned to us.

7.4 We will not nor will our courier provide any unpacking, fitting or waste removal services.

7.5 Unless we have agreed otherwise, Goods, Kit(s) and/or Bicycles must be signed for on delivery by a person aged 18 or over. Delivery will be completed when we deliver the Goods, Kit(s) and/or Bicycles to the address you specified in your order.

7.6 If you do not receive your Goods, Kit(s) and/or Bicycle(s) on the stated delivery date, you must notify us immediately.

7.7 On delivery of the Goods, Kit(s) and/or Bicycle(s) to you, these shall be at your risk and responsibility and you will be responsible for their safekeeping and we will not be responsible for any damage or fault arising from incorrect storage. You will own the Goods, Kits and/or Bicycles on delivery of them to you or when we have received payment in full from you, whichever is the later.

7.8 Until ownership of the Goods, Kits and/or Bicycles passes from us to you, you shall hold them on our behalf and shall store them at your own cost separately from all other goods in your possession and marked in such a way that they are clearly identified as our property. We may, before ownership passes to you, require you to deliver up the Goods, Kits and/or Bicycles to us and, if you fail to do so, may repossess them. You grant us an irrevocable licence to enter, with or without vehicles, any of your premises for the purpose of inspecting or repossessing the Goods, Kits and/or Bicycles.

8. Cancellation of Your Order

8.1 As the Kit(s) is a bespoke product and is made to order, tailored to your existing bicycle and/or, where relevant, to a Bicycle(s) which you have ordered from us and to which we will fit the Kit(s), you do not have a statutory right of cancellation for Kits and/or Bicycles under the Consumer Contracts Regulations 2013. Clauses 8.2 – 8.7 therefore do not apply to these purchases.

8.2 For other products, you may cancel your order (or any part of it) for Goods for any reason before dispatch or within 14 days after the date of delivery by:

  • 8.2.1 e-mailing us using our contact form: https://www.cytronex.com/contact-us/ ; or
  • 8.2.2 writing to us at the address in clause 1 to cancel the order (or part of it) and arrange return (if we request that you do so).

8.3 Where your order comprises multiple delivery shipments, the 14 day cancellation period for the Good(s) in your order runs from the date of the delivery of the last shipment to you

8.4 You will lose your right to cancel after the expiry of the 14 day period referred to in clauses 8.2 and 8.3 (this does not affect your rights if there is any problem with the Good(s)).

8.5 You may use the cancellation form at the end of these Terms, but you do not have to, as long as we have your cancellation in writing. We do not accept cancellations verbally.

8.6 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

8.7 You may need to take delivery of the Good(s) before you can cancel your order if the Good(s) are placed into our delivery process before we receive your notice of cancellation. This does not affect your rights under this clause and clause 11.

8.8 However, if you make a mistake with any of the information you input during the order process, or wish to change your order, please contact us immediately using our contact form in the first instance: https://www.cytronex.com/contact-us/. We reserve the right to make an additional charge to cover any additional costs incurred by us in correcting or changing your order. These costs will be calculated depending on how far the order has progressed.

Cancellation Form

9. Returns and Refunds – This Applies to the Sale of Goods ONLY. It does Not Apply to KITS and/or Bicycles.

9.1 Where you have a right to cancel, following cancellation, we will refund you the price paid for the cancelled order (or part of the order cancelled), less any collection or return costs or charges (if any). Where you cancel the entire order, we will also refund the standard delivery charges paid (if any), or an amount equal to those charges if you elect to use a more expensive delivery method than our standard delivery service. We will not refund any original delivery charges outside of the UK. Where you cancel part of an order, we may recalculate any applicable delivery charge and deduct this from the refund. We will pay the refund within 14 days after the day:

  • 9.1.1 you notified us to cancel your order, where you have not received the Good(s) (and the Good(s) have not been despatched to you); or
  • 9.1.2 we receive the Good(s) you returned to us, where you are in receipt of the Good(s); or
  • 9.1.3 you provide us with a proof of return for the Good(s), where you have returned the Good(s) but we have not yet received them.

9.2 If you paid for your order using a credit/debit card, we will refund you on the credit/debit card used to pay for the order.

9.3 You must arrange for the return of the Good(s) in the original packaging as soon as possible and in any event not later than 14 days after the day on which you cancel your order, unless we agree that you may dispose of the Good(s) (in which case you must comply with any disposal instructions). You will be responsible for the cost of returning the Good(s). For certain Good(s) we offer a collection service via our courier. Please contact us for further details. We will charge a fee for this service. We will confirm the fee before collection and invoice you accordingly. If you believe the Good(s) are faulty please observe section 11 (below).

9.4 You must keep the Good(s) you wish to return in your possession and take reasonable care of the Good(s) at all times while they are in your possession and retain the original packaging. This means that you must not use the Good(s) (except to the extent reasonably necessary to inspect and examine them).

9.5 We reserve the right to make a deduction from the amount of any refund for loss in value of the Good(s) returned where the Good(s) show signs of unreasonable use; for these purposes, unreasonable use includes handling the Good(s) beyond what is necessary to establish the nature, characteristics and functioning of the Good(s), in particular, if it goes beyond the sort of handling that might reasonably be allowed in a shop. If an item returned to us is not in resaleable condition it will be returned to you and no refund will be given.

9.6 We reserve the right to make a deduction from the amount of any refund to meet the costs of repackaging the Good(s) that you return to us.

9.7 Where you are in possession of the Good(s) (or they have been dispatched to you), we may withhold any refund until we have received the Good(s) or you have supplied proof that the Good(s) have been returned, and arrived at our designated address.

10. Warranty

10.1 The Kit is covered by the terms of our Warranty, supplied with the Kit and which can be found at https://www.cytronex.com/warranty/. Please keep this Warranty in a safe place, as this may be needed in the unlikely event of the Kit being faulty and you wishing to claim under the terms of the Warranty.

10.2 Where you are acting as a consumer, this Warranty is in addition to, and does not affect, your legal rights in relation to goods that are faulty or not as described.

11. Faulty GOOD(S)

11.1 On receipt of the Goods, Kit)s) and/or Bicycle(s) you must check they match your order. If there is any problem, or if they are defective or damaged you must notify us as soon as is reasonably possible. You must also notify the courier immediately, if for example the packaging is damaged upon delivery, and ensure it is recorded by them. Claims may be reduced or rejected if we have not been given an opportunity to put matters right or if you have not notified us of the issue as soon as practicable after you have become aware of it. In the case of packaging damage we recommend you take photographs of the outer box and as you open it up to show the packaging inside too as you unpack. Keep all packaging, as any claim for damage requires our courier to be able to view the packaging themselves.

11.2 If there is a problem with your order or the Goods, Kits and/or Bicycles you purchase is (are) faulty, we may make good any shortage or non-delivery, or offer a repair, exchange or refund as appropriate in accordance with your consumer rights. Please contact us using the contact form at https://www.cytronex.com/contact-us/ or write to us at the address set out in clause 1. Please do not send back any items before making contact first.

11.3 It is your responsibility to arrange/pay for Goods/Kit(s)/Bike/s to come back to us where you believe they are faulty, unless we have already agreed there is a fault /have sent parcel labels at our cost, or made other arrangements at our discretion. We cannot accept any responsibility or liability whatsoever if you refuse to send back Goods/Kit(s)/Bike/s. Once we have investigated for fault/s and reported to you according to 11.4, if we find a fault then we will reimburse any reasonable carriage costs you’ve incurred. We recommend a signed for tracked service for valuable items, as until we receive your goods back we are not responsible for them.

11.4 We will carefully inspect and test all Goods, Kits and/or Bicycles which are returned to us. We will provide you with details of our investigations. If following our inspection and testing process we determine that the Goods, Kits and/or Bicycles are not faulty, we will not offer you a repair, exchange or refund and we will make arrangements with you to deliver the goods back to you, subject to you covering the return delivery costs as applicable. The exception to this is where goods are so damaged/have had to be dismantled and it is unsafe or unwise or against legislation to reassemble or transport the goods. In these cases we will dispose of the goods at our discretion and according to good practice. Any Goods, Kits and/or Bicycles where we are unable to arrange this/contact you within 30 days of our first attempt, will be disposed of at our discretion.

12. Our Responsibility for Loss or Damage Suffered by You

If you are acting as a Consumer

12.1 In your ordering and/or purchasing of Goods, Kits and/or Bicycles, to the extent not prohibited by law, we accept no liability for any:

  • 12.1.1 loss which is not foreseeable (loss is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you and we entered into our agreement) including, without limitation, loss or damage to items you have supplied or left at our premises;
  • 12.1.2 loss which arises when we are not at fault or in breach of our agreement; and
  • 12.1.3 business loss (which includes loss of profits, loss of business, contracts, goodwill, business opportunity and other similar losses).

12.2 You may have certain legal rights regarding claims in respect of losses caused by our negligence or failure to carry out our obligations. Nothing in our agreement is intended to limit your legal rights as a Consumer. For further information about your legal rights you can contact your local authority Trading Standards Department or Citizens Advice Bureau.

If you are acting as a business customer

12.3 If you are acting in the course of a business, trade or profession in your ordering and/or purchasing of Goods, Kits and/or Bicycles (a business customer):

  • 12.3.1 we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for (i) any loss of profit and (ii) any indirect or consequential loss; and
  • 12.3.2 our total liability to you for all other losses, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the price paid by you under our agreement.

12.4 If you are acting as a business customer in your ordering and/or purchasing of Goods, Kits and/or Bicycles, you acknowledge and agree that all our obligations to you are set out in our agreement.

12.5 If you are acting as a business customer in your ordering and/or purchasing of Goods, Kits and/or Bicycles, except as set out in our agreement, all other terms, warranties, representations and conditions implied by statute, common law or otherwise (including fitness for purpose) are excluded to the fullest extent permitted by law.

12.6 Subject to clause 12.7, we will not be responsible to you or to any other person, for the fitting of any Kit by you (or by another person on your behalf). Accordingly, as a business customer, you hereby agree to hold us harmless, and indemnify us, against any liability associated with any claim or allegation that we are responsible for any failings in the fitting of the Kit(s) that we supply.

Liability provisions that apply whether you act as a Consumer or business customer

12.7 Nothing in our agreement limits or excludes our liability for fraud or fraudulent misrepresentation, death or personal injury caused by our negligence or for any other liability which cannot be limited or excluded by law.

12.8 Our Website may contain information and materials created and submitted by third parties, and, subject to clause 12.7, we exclude liability for all losses arising from any error, omission or inaccuracy in any such information and material.

13. Our Rights to Cancel

13.1 We may cancel our agreement by notice in writing to you if you are in breach of our agreement, you become unable to pay your debts when they fall due or proceedings are or are reasonably likely to be commenced by or against you alleging bankruptcy or insolvency or an administrator, receiver or administrative receiver is appointed or is reasonably likely to be appointed over all or part of your undertaking and assets. Upon cancellation, any money due to us in respect of our agreement which has been cancelled shall become immediately due and payable and we shall be under no further obligation to supply Goods/Kits/Bicycles to you, provided that where you have paid for Goods/Kits/Bicycles in advance of our cancellation of our agreement, we shall, at our discretion, supply those Goods/Kits/Bicycles to you or cancel the supply of those Goods/Kits/Bicycles and refund you the price paid for those Goods/Kits/Bicycles.

13.2 We may cancel your order at our absolute discretion due to any event, without limitation, not foreseeable or out of our reasonable control at the time we accepted your order, which obstructs or detrimentally affects our ability to supply your order.  If the order subsequently arrives it remains in our ownership and you must keep it safe until we have arranged collection or made other arrangements with you. Upon cancellation, any money due to us in respect of our agreement which has been cancelled shall become immediately due and payable and we shall be under no further obligation to supply Goods/Kits/Bicycles to you, provided that where you have paid for Goods/Kits/Bicycles in advance of our cancellation of our agreement, we shall, at our discretion, supply those Goods/Kits/Bicycles to you or cancel the supply of those Goods/Kits/Bicycles and refund you the price paid for those Goods/Kits/Bicycles.

14. Events Beyond Our Control

14.1 We shall have no liability to you for any failure or delay in supply or delivery, nor if performance of any of our obligations is prevented or restricted, nor for any damage or defect to Goods/Kits/Bicycles supplied or delivered under our agreement, in each case that is caused by any event or circumstance beyond our reasonable control (including, without limitation, the following to the extent these are outside our reasonable control: accidents, extreme weather conditions, fire, explosion, flood, storm, earthquake, natural disaster, failure of telecommunications networks, inability to use transport networks, acts of God, epidemic/pandemic, terrorist attack, war, civil commotion, riots, strikes, lockouts and other industrial disputes, acts or restraints of Government, and imposition of restrictions on imports or exports).

15. Your Personal Information

15.1 In the course of our dealings with you we will collect and process personal information about you, including to administer and process your order, and to provide the Goods/Kits/Bicycles. Further information on the manner in which we process personal information is set out in our Privacy Policy, a copy of which is available on our Website.

16. Which Laws Apply to This Contract And Where You May Bring Legal Proceedings

16.1 Subject to clause 16.2, you and we agree that our agreement is governed by the laws of England and Wales and that any dispute between you and us arising out of or in connection with our agreement (including non-contractual disputes or claims) will only be dealt with by the courts of England and Wales.

16.2 Regardless of clause 16.1, you and we agree that if you are a resident in a part of the United Kingdom other than England and Wales, the law of that part of the United Kingdom will apply to our agreement and any dispute between you and us arising out of or in connection with our agreement (including non-contractual disputes or claims) will be dealt with by the courts located there.

17. Contacting us and You

17.1 If you have any questions, complaints or concerns with respect to your order or these Terms, please contact us using the contact form at https://www.cytronex.com/contact-us/.

17.2 Any formal legal notices should be sent to Modern Times Limited at our registered office address set out at clause 1.

17.3 If we have to contact you or give you notice in writing, we will do so by email or by hand or by pre-paid post to the address you provide to us in your order or we otherwise hold for you.

18. Other Important Terms

18.1 If any provision of our agreement (including any provision in which we exclude or limit our liability to you) is found to be invalid or unenforceable in whole or in part, the validity of the other provisions of our agreement and the remainder of the provision in question shall not be affected.

18.2 No person other than you and us shall have any rights to enforce our agreement, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

18.3 If we fail to insist that you perform any of your obligations under our agreement, 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.

18.4 You may not assign or transfer your rights or obligations under our agreement, unless we agree in writing.

18.5 We may update, vary and amend these Terms from time to time without prior notice. Each time you order or otherwise purchase Goods/Kits/Bicycles from us, the Terms in force at that time will apply (as set out on our Website). Please check on our Website to ensure that you understand which Terms apply.