Terms & Conditions
These are the terms of business of sale of goods for BTR Fabrications (The Company), of Unit 19B, The Welsh Mill, Park Hill Drive, Frome, Somerset, BA11 2LE.
Definitions and Interpretation
- Agreement means these Terms and Conditions together with the terms of any quotation provided.
- The Customer is the person or organisation, ordering Goods from BTR Fabrications.
- Goods refers to any product supplied by BTR Fabrications and which the Customer may request through the BTR Fabrication Website, by email, by telephone, in person or via social media;
- Personal Data means data subject to protection under UK data protection law.
- Price is the amount payable by the Customer to the Company as specified in any quotation issued by BTR Fabrications or displayed on the Website.
- The Website means https://www.btr-fabrications.com on which BTR Fabrication offer their Goods.
- Writing includes electronic mail, facsimile transmission and comparable means of communication.
The Contract
Any Quotation given by BTR Fabrications shall not constitute an offer and is only valid for a period of 30 days from its date of issue.
These Terms & Conditions and any Quotation provided by BTR Fabrications constitute the entire Contract between the parties.
These terms and conditions should be read and accepted by the Customer prior to any purchase. The Customer accepts that by purchasing any Goods from BTR Fabrications, they agree to be bound by these terms and conditions.
This Contract will begin on the date BTR Fabrications confirm acceptance, either verbally in person or in writing, of the order (Start Date) and receipt of any deposit requested. This Contract will be completed upon receipt of full payment and delivery of the Goods.
These Terms & Conditions apply to the Contract to the exclusion of any other terms that the Customer may seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
No addition, alteration, substitution or waiver of these terms and conditions will be valid unless expressly accepted in writing by BTR Fabrications.
Order Limiting & Refusal
BTR Fabrications reserves the right to limit or prohibit orders which, in their sole judgment, appear to be placed by dealers, resellers or distributors. We reserve the right to refuse service to anyone for any reason at any time.
Website Purchases
The Customer agrees to take particular care when providing BTR Fabrications with their details and warrant that these details are accurate and complete at the time of ordering. The Customer also warrants that any credit or debit card details provided are their own credit or debit card and that they have enough funds to make the payment.
BTR Fabrications will take all reasonable care, in so far as it is in their power to do so, to keep the details of Your order and payment secure, but in the absence of negligence on their part BTR
Fabrications cannot be held liable for any loss the Customer may suffer if a third party procures unauthorised access to any data provide by them when accessing or ordering from the Website.
Errors, Inaccuracies & Omissions
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that any screen’s display of any color will be accurate. We also cannot guarantee that images match product specifications; please ensure you read all product specifications in full, and contact us before purchasing if you are unsure. Prices and specifications of products are subject to change without notice. We reserve the right to discontinue any product at any time.
Occasionally there may be information on our site which contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the website is inaccurate at any time without prior notice (including after you have submitted your order).
Historical Information
This site may contain historical information. Historical information, by definition, is not current and is provided for reference only. BTR Fabrications reserves the right to modify the contents of this site at any time, but we have no obligation to update any information.
Description of Goods
BTR Fabrications warrant that:
- Goods descriptions are accurate, honest and fair.
- Goods are free from material defect at the time of despatch.
The descriptions of goods on the Website and in any marketing literature are for identification only. The goods may vary slightly from their description, of appearance, technical specification, dimensions and weight, and performance.
If the Customer believes that BTR Fabrications has delivered goods which are defective in material or workmanship, the Customer must:
- Inform BTR Fabrications (in writing), with full details, within 30 days of the discovery of the defect.
- Allow BTR Fabrications to investigate and co-operate as much as reasonably possible with any investigation, including giving the Company a reasonable opportunity to inspect the goods in question.
- Cease to use the goods in question once BTR Fabrications have been notified of a defect.
- Not attempt to alter or repair the goods without the agreement of BTR Fabrications.
If the goods are found to be defective in material or workmanship (following the Company’s investigations), and the Customer has complied with those conditions above in full, BTR Fabrications will repair or replace the goods or refund the price.
For full details of the BTR Fabrications warranty please see https://www.btr-fabrications.com/support/warranty/
Deposits
All BTR Fabrications frame, frame kit, and complete bike orders require a deposit at the time of placing the order. Any proposed order is not deemed to be placed unless at least the deposit amount has been received by BTR Fabrications.
The deposit amounts are as follows:
| Order Total | Deposit Amount | |
|---|---|---|
| From | To | |
| Standard Builds | ||
| £0.00 | £1250.00 | Full order value up to £300.00, or 30% of the order total; whichever is greater |
| £1250.01 | £5000.00 | £500.00 or 25% of the order total; whichever is greater |
| £5000.01 | ∞ | P.O.A. |
| Custom Builds | ||
| £0.00 | ∞ | P.O.A. |
If you consent to a build starting within the 14-day cancellation period and acknowledge the right to cancel will be lost, you will not be able to request a refund.
Custom builds will, at BTR Fabrications’ sole discretion, only be fully refundable where work on the build has not commenced. If work has commenced, partial refunds may be issued with deductions reflecting the volume or value of the work already done. The refund amount is at BTR Fabrications’ sole discretion.
VAT
BTR Fabrications is not VAT registered, therefore no VAT applies to any prices, and all customers will pay the same regardless of their location.
Price and Payment
All prices listed on the Website are correct at the time of publication however BTR Fabrications reserve the right to alter these in the future. The Company also reserves the right to alter the Goods available for sale on the Website and to discontinue any service.
To ensure that shopping online is secure, Customers debit/credit card details will be encrypted by a third-party payment handler to prevent the possibility of someone being able to read them as they are sent over the internet. The credit card company may also do security checks to confirm it is their Customer making the order.
Any discounts offered by BTR Fabrications for the provision of Goods are offered against published price lists or standard rates in force at the date of quote, and such discounts or offers are unable to be used in conjunction with any other offers available at that time.
Payment can be made by Bank Transfer, PayPal, credit and debit card.
If payment of the price or any part thereof is not made by the due date, The Company may:
- Cancel the Contract or suspend any further provision of good or services to the Customer with immediate effect. Any such period of suspension shall be disregarded for contractual time limits previously agreed for the completion of any build,
- Apply a charge of £10 (to cover administrative expenses and not as a penalty) per reminder for overdue payment submitted to the Customer. The Company shall be entitled to submit such reminders on a weekly basis once the fees have become overdue.
- Charge the Customer the costs of recovery of any outstanding amount including legal costs and disbursements.
Goods will not normally be dispatched until full payment has been made.
Lead Time
All BTR Fabrications frames are built to order, unless otherwise stated, regardless of whether they are supplied alone or as part of a frame kit or complete bike. The lead time advised for delivery of a frame, frame kit, or complete bike is only an estimate, is subject to change without notice, and cannot be guaranteed. Check estimated frame build times.
Delivery time, once the item is dispatched, varies depending on the delivery location:
- Most UK deliveries will be received in around 2 working days. European deliveries in around 3 working days. Deliveries to the rest of the world are generally made in 1 week or less.
Please be aware that customs clearance can delay delivery by at least 1 day too.
BTR Fabrications cannot be held liable for any consequential losses arising from untimely delivery.
Shipping
Return shipping costs are always payable by the customer, regardless of the reason for the return. BTR Fabrications may make a contribution, at our sole discretion. It is also the customer’s sole responsibility to insure all return shipments. BTR Fabrications cannot be liable for goods which are damaged or lost during return shipping.
Right to Cancel
For goods supplied from stock under the Distance Selling Regulations the Customer has a right to cancel this contract from the day it commences until 14 days from the day after the day on which the goods come into the physical possession of the Customer or their representative.
To exercise this right to cancel you (the Customer) must inform BTR Fabrications of your decision to cancel by a clear statement (e.g. a letter sent by post or email). You may use the model cancellation form (available on request), but it is not obligatory.
If you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to the BTR Fabrications at your own cost. The goods must be returned after prior arrangement to the address stated in the Contact Us section of the website. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit.
Once you have notified BTR Fabrications that you are cancelling the contract, we will refund you within 14 days for any sum that has been paid by you, less any reasonable costs for build services were applicable (see below). You must return the goods to us at your own expense using an insured courier service.
Except in the case of faulty or mis-described goods, if you do not return the goods as required, BTR Fabrications may charge you a sum not exceeding the direct costs of recovering the goods.
If the contract is for a build that the Customer has expressly requested to be started during the cancellation period BTR Fabrications will require payment of reasonable costs of the build service up to the time of the cancellation. The customer should be aware that should the cancellation take place after delivery the full cost of the labour for the build will still be charged.
If goods have been personalised the Customer does not have a right to cancel the contract. This will also include bespoke parts made to the Customers specification.
Termination
BTR Fabrications reserves the right to terminate the Contract with immediate effect in the event of any of the following:
- That the Customer become bankrupt or enter into some form of insolvency arrangement.
- That the Customer (being an individual) dies or, by reason of illness or incapacity (whether mental or physical), is incapable of managing his own affairs or becomes a patient under any mental health legislation.
If either Party breaches a material provision under this Contract, the non-defaulting Party may terminate this Contract immediately and require the defaulting Party to indemnify the non-defaulting Party against all reasonable damages.
All notices of termination of the Contract should be submitted to the other Party in Writing.
Events Outside of Our Control (Force Majeure)
While every effort will be made by BTR Fabrications to carry out any order accepted, the full performance of it is subject to variation or cancellation by the Company consequent upon, but not limited to: Acts of God, War, Strikes, Riots, Lockouts or any other disturbances. Fire, Flood, Adverse Weather, restrictions on the use of Transport, Fuel or Power or any other event beyond the Company’s reasonable control.
Complaint Handling Policy
Got a problem? Talk to us first! It is BTR Fabrications’ responsibility to supply you, the customer, with goods that meet your consumer rights. We’ll do everything we can to make sure you’re happy with your purchase. Email us on [email protected], or use our contact form.
If we cannot resolve the problem, you should make a complaint to the European Online Dispute Resolution Platform. Please use this method only after exhausting all ways to resolve the dispute with BTR Fabrications directly.
Please also contact us before raising a dispute or claim with the payment provider (PayPal, etc).
Third-Party Links
Third-party links on this site may direct you to third-party websites that are not affiliated with BTR Fabrications. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
Confidentiality and Data Protection
Confidential Information (the “Confidential Information”) refers to any data or information relating to the Customer’s business which would reasonably be considered to be proprietary to them including, but not limited to, Materials, business processes and Customer information and that is not generally known in their industry and where the release of that Confidential Information could reasonably be expected to cause the Customer harm.
All written and oral information and material disclosed or provided by the Customer to The Company under this agreement is Confidential Information regardless of whether it was provided before or after the date of this agreement or how it was provided to The Company.
On the conclusion or termination of the Agreement both parties shall cease to use all copies of confidential information obtained from the other except in so far as the law requires the information be retained in which event it shall be kept until such period is over and, in any event, kept strictly confidential under the provisions of this clause.
‘Data Protection Legislation’ refers to all applicable privacy and data protection laws including the General Data Protection Regulation ((EU) 2016/679) and any applicable national implementing laws, regulations and secondary legislation in England and Wales relating to the processing of Personal Data and the privacy of electronic communications, as amended, replaced or updated from time to time, including the Privacy and Electronic Communications Directive (2002/58/EC) and the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2003/2426).
Both parties shall ensure that they, their employees, agents and sub-Contractors shall observe the requirements of all UK Data Protection legislation and any amendments or revisions thereto in the provision and use of the subject matter of the Agreement and personal data processed under it and shall comply with any request made or direction given to the other which is directly due to the requirements of such Legislation.
All Personal data that Company may collect (including, but not limited to, the Customers name and address) will be collected, used and held in accordance with the provisions of UK Data Protection legislation and your rights under that legislation.
Other Important Terms
No failure or delay by The Company in exercising any of their rights under this Agreement means that they have waived that right, and no waiver by them of a breach of any provision this Agreement means that they will waive any subsequent breach of the same or any other provision.
Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
Contact & business information
Further contact details can be found on the contact page.