Using The HPS Web Store And Web Cookies
Cookies are small files that frequently become stored on your computer or mobile device when you visit almost all modern websites. They are designed to make websites easier to use for the visitor by recalling options they have previously selected.

On the bikehps.com web site the cookies we use cannot identify any customer individually and they simply help to keep track of what has been added to a shopping basket (so a customer can return to our site later to continue shopping), and also allow the store to determine relevant related products to show whilst customers are browsing and identify and resolve computer or inputting errors.

Most web browsers will already have cookies enabled by default, but please consult the built-in or online help pages for your browser if you want to manage cookies and web data or turn them on/off. Please note that without cookies enabled our site can still be browsed for product details but placing orders online does require cookies be enabled. We can of course accept orders by phone should you prefer.

Summary of Web Cookies used on bikehps.com

Privacy Of You And Your Data
HPS promise to always consider the privacy and security of your data when processing orders and enquiries. Specifically, within this promise, we will take all reasonable steps to ensure your data is stored safely and securely within our systems. We will never sell your data or pass it on to any third party other than may necessary to fulfil any legal, legislative or business obligation placed upon us.

When making a purchase from HPS or the bikehps.com web store we do collect certain information from you (e.g: name, address, email, etc.) to enable the efficient processing of your order and also to provide after sales/warranty coverage. HPS acts responsibly with your information, complies with the UK DPA, GDPR, related consumer legislation and will not abuse the data that you provide us for this purpose.


Links To Third Party Websites And Services
For your convenience HPS do provide links to many popular third party sites including Twitter, FaceBook, Instagram and YouTube, as well as to the web pages of product manufacturers etc. HPS cannot be responsible for the content of sites accessed via these external links.

Your Transaction Security
The bikehps.com web store uses an industry standard 256-bit SSL certificate to encrypt information in transit and our order checkout process for both credit/debit cards and PayPal payments both use the well known and popular PayPal secure payment processing systems incorporating technologies such as Verified by Visa, and MasterCard SecureCode for authorisation. This means details of your card and banking information that you use online are not seen directly by HPS.


Customer Contact
In order to process your order from receipt until delivery and to offer you the best after sales service for your purchase HPS will use the contact information you provide responsibly.
As part of this process HPS may pass only the necessary information to third parties - e.g., our contracted delivery courier - so they can deliver your parcel, or a supplier/manufacturer so that a part of your order can be made to order or fulfilled directly. All third parties are under strict obligation to keep your personal information private.

As a valued HPS customer we would like to enable you to be the first to take advantage of relevant offers and news related to your bike(s), so we may very occasionally send emails related to this. Should you decide not to continue with these you can unsubscribe from these emails at any time using the unsubscribe link at the bottom of the emails. Please do also consider following us on social media for new information.

At any time you can make a request to access a copy of the personal information we hold about you. This will normally be supplied (unless otherwise agreed) in an encrypted electronic file and we will separately provide details of how to access this.

You can also make a special request that the data we hold on you be removed from our active database, please however note that without this data it may be impossible to find the required proof of purchase for us to provide our normal after sales care and warranties to you.

Customer Satisfaction, Warranty and Returns
HPS wants you to be totally happy with your purchase and we will always endeavour to describe products to you online accurately and clearly. Where any errors are made we will contact you and correct these as quickly as possible.

We will endeavour to provide updates about the status of your order and deliver orders promptly and in good condition.

We recognise that under certain circumstances you may wish to return items (e.g. if an item has been accidentally ordered for the wrong model/year of motorcycle).

With the exception of...

• Items which have been mounted or fitted (whether subsequently ridden with or not)
• Consumable items - such as fluids, DVDs that have been unsealed etc.
• Items which were made to order/specifically manufactured, modified or obtained to special order

...UK Consumer (i.e., non-business-to-business/non-commercial) purchased stocked products may be returned, at your cost, for exchange, credit or a full and unconditional refund of monies paid at time of purchase (excluding carriage where delivery was made to addresses outside the UK).

We simply require that you give us notice of your intention to return an item within 14 calendar days of receipt and that your returned goods must be complete, unmarked, unused and unfitted (including partially), with all original packaging (i.e., put simply, they must be resalable as new).

Where a partial cancellation and return is being made under this provision (i.e. you have chosen to retain other items supplied from the same delivery) a refund for some carriage may be made only where the cost of carriage would have been lower had the item returned been supplied alone. In this case, the carriage refund made will be the difference between the two amounts.

When making a return, we recommend that you use an insured and recorded (i.e., where a signature is required on delivery) service for your protection, as it is your responsibility to ensure the item(s) arrive at HPS safely. When shipping products please also ensure the packaging you have chosen is suitable to prevent any damage in transit (i.e. the simple test being, if the item is received by us damaged, then the packaging wasn't suitable).

Where items have not been returned complete (including manufacturer's packaging) or are not in acceptable “as new” and resalable condition, HPS reserves the right to either reject the returned goods or we may at our discretion make an offer to purchase the items back from you at a reduced cost. For clarity, under such circumstances the reduction offered will be minimised to that reasonably required to enable us to resell your returned goods as used at their reduced value.

Following safe receipt of returned products in acceptable condition, we will exchange, credit or provide a refund as early as possible and, in any event, within 14 calendar days.

None of the above policy affects your statutory or legal rights - if you need any further information please do get in touch.

Commercial customer (i.e., non-consumer) returns
Ordinarily there is no statutory or automatic eligibility or entitlement for the return for, replacement, credit or refund of any correctly supplied item purchased on a non-consumer (i.e., business-to-business/commercial) basis. In the event of any query or problem leading to a potential return request, please contact us at the earliest possible opportunity to discuss the reason for this and seek a solution or agreement and authorisation in advance of returning any items which may be granted at the company’s sole discretion. In the event of any authorised commercial return, all above conditions regarding completeness of originally supplied product/items and product packaging materials still apply and the requirement for the items to be resalable as new also exists. Please refer to our Terms and Conditions below for full details.

Have Further Questions?
If you need further assistance, or would like to contact us about any of the information here please do feel free to e-mail or write with your questions or comments to:

info@bikehps.com

Company trading and operations addresss:

HPS Derwent House
New Street
Alfreton
Derbyshire
DE55 7BP
United Kingdom

Phone 01773 831 122

VAT registration number: GB917842696
EORI number: GB917842696000
Company registration number: 06069953
Company registered address: PKF Smith Cooper Accountants, Prospect House, 1 Prospect Place, Derby, DE24 8HG (not to be used for any goods or sales enquiries).

Terms & Conditions
1. Definitions
In these conditions "the Company" means Harwood Performance Source Limited, hereafter referred to as HPS, Co.Reg.No. 6069953 and "the Customer" means the person, company or organisation to whom this document has been provided. In addition, a “Consumer” customer means any natural individual person, who is acting for purposes that are outside his or her business and not a company, trader or organisation, even if purchasing for non-commercial use.
2. Conditions
These conditions shall form the basis of a contract between the Company and the Customer. Notwithstanding anything to the contrary in the Customer’s standard conditions of purchase, these conditions shall apply except so far as expressly agreed in writing by the Company for non-consumer purchases or as expressly agreed in writing or verbally for consumer purchases.
3. Order Acceptance
Unless otherwise expressly stated in writing, all quotations and estimates by the Company are invitations to treat. We shall be under no obligation to accept instructions to enter into any order or transaction and we reserve the right at our absolute discretion to refuse to accept any order for any reason - whether or not payment has been received by us - including but without limitation if we have insufficient stock to deliver the goods you have ordered, one or more of the goods you ordered was listed in error at an incorrect price. If we do refuse your order we will notify you by email and will re-credit to your account any sum deducted by us from your payment card or other payment method as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered. Reduced or special offer prices may be applicable to online orders only and relate to existing readily available products and not bespoke or custom produced items. A confirmed non-consumer order may only be cancelled or varied with the Company’s consent; the giving of the Company’s consent will not in any way prejudice the Company’s right to recover from the Customer full compensation for any loss or expense arising from such cancellation. A distance selling contract for goods supplied to a UK consumer may be cancelled within fourteen working days, beginning after the day of receipt, by the Consumer notifying the Company in writing of their intention to do so within the fourteen working day period, subject to the provisions and conditions set out below.
4. Warranties and Liability
i. Most non-consumable non-race/competition hardware parts and products sold by the Company used for their designated purpose are ordinarily guaranteed for a period of twelve months.
ii. Any failure occurring within the initial 30 days of the warranty period, and reported to us during that period, will be made good by exchange, or in the case of consumer purchases exchange or refund in accordance with the Sale of Goods Act 1979 (as amended), provided the Company has been notified in writing forthwith. Any defect of the equipment after that period will be made good by repair (at the Company’s option) or exchange of the equipment or parts thereof which are shown to the Company in the warranty period to be defective, or in the case of consumer purchases exchange, repair or refund in accordance with the Sale of Goods Act 1979 (as amended). The Company shall decide whether such making good shall be effected at the premises of the Customer or at the Company’s premises.
iii. For sales/orders where equipment/goods, at the Customer’s request, is/are shipped outside of the UK mainland or for use in another country, the Customer shall be responsible for all transportation/carriage costs. Transportation of equipment/goods shall be treated as a separate product/service and charged for as such. In the event of a failure occurring within the initial 30 days of the warranty period the Company shall only be responsible for transportation/carriage costs within the UK mainland – transportation/carriage both in and out of the UK mainland shall be the responsibility of the Customer. In the event of any equipment/goods should failing during the standard manufacturer’s warranty period, transportation/carriage both in and out of the UK mainland shall be the responsibility of the Customer.
iv. The Company guarantees that any software supplied by it which is in a standard form and produced by someone other than the Company is guaranteed only to perform the tasks described in the manual provided by such manufacturer.
v. The Company guarantees that any software produced and designed or adapted by the Company should fulfil all the tasks described in the manual produced by the Company and be fit for the purpose therein.
vi. The Company’s warranty does not cover normal wear and tear and in addition any warranty shall be null and void if the supplied product is modified, improperly used or installed, damaged by accident or neglect or caused by failure to follow the specified maintenance schedule provided in the equipment manual or in the event of any parts being improperly installed or replaced without the Company’s prior written approval.
vii. No warranty exists or is implied on any and all products and parts supplied by HPS if/when used off the public highway, on track or circuit and/or for any form of time-trial, competition or racing activity and, in addition, HPS makes no warranties whatsoever, expressed or implied, oral or written, and HPS excludes any implied fitness for purpose to purchasers of products or parts designated by their manufacturer as race-only or not for road/street use, howsoever used.
viii . The Company reserves the right on the sale of any equipment to make before delivery any alteration to or departure from the specification or the design of the equipment provided that it shall not to an aesthetic or material extent adversely affect the performance of the equipment or the quality of the workmanship or the materials used.
ix . All specification drawings and technical documents issued by the Company either before or after the conclusion of the Contract are issued solely for the Customer’s use in connection with the equipment and shall not be copied reproduced or communicated to any third party without the Company’s express permission in writing.
x. In the event of complete or partial failure of hardware or storage media, or the failure of any device that contains data or programs or affects access to data or programs, neither the company, the original manufacturer, nor their service agents can assume responsibility for data or program safety or recovery. It is the responsibility of the customer to make their own secure back-ups of data and/or programs, to ensure that such data or programs can be recovered independently.
xi. The liability of the Company under any contract is limited to the invoice value of the components supplied, replaced or repaired the Company shall not be liable for any consequential loss or damage howsoever caused unless such loss could reasonably have been within the contemplation of both parties at the time of the contract as the probable result of the breach.
xii. The distance selling clause within the Consumer Contracts (Information, Cancellation, and Additional Charges) Regulations 2013 for goods supplied to UK consumers (excluding software, DVDs, CDs, videos and consumable products if unsealed) which were not specifically manufactured or modified to order and are complete, unmarked, unused and unfitted (including partially), with all original packaging and resalable as new states the contract may be cancelled and the goods returned by the customer, at the customer’s cost, for a full and unconditional refund of all monies paid, providing the customer provides notice to the Company of the cancellation in writing within fourteen working days – this does not affect a consumer’s statutory rights. Where a partial cancellation and return is being made under this provision (i.e. the customer has chosen to retain other items supplied from the same delivery) a refund for carriage will be made only where the cost of carriage would have been lower had the item being returned been supplied alone and in which case the refund to be made will be the difference between the two amounts.
xiii. Under the Consumer Rights Act 2015, a customer has an early right to reject goods that are unsatisfactory quality, unfit for purpose or not as described, and get a full refund. This right is limited to 30 days from the date the customer took ownership of the goods. If an item is faulty and needs to be returned, the customer does not need to pay postage costs for the return of the faulty item. If a customer is asked to return an item that arrived damaged, not as described or faulty, the retailer should refund the total cost of the return.
5. Delivery
i. With the exception of where goods are collected from the Company’s premises, it is the responsibility of the company to ensure delivery of goods to the customer safely and in working order.
ii. After taking into account any delivery requests the Customer has made, the Company shall endeavour to deliver by the method which the Company in its absolute discretion considers to be the most practical considering costs, security and the required date of delivery.
iii. The Customer shall examine any consignment for external damage and note any claim for short delivery and/or apparent external packaging damage on the Carrier’s delivery schedule/ paperwork at the time of the delivery. Should the Carrier fail to allow the customer to make such a note, if the delivery appears to be damaged, it should be rejected and a request made to the Carrier to return the consignment to the Company.
iv. The Customer will examine the contents of any delivery and shall make or confirm claims for damage to the Company within fourteen working days from the date of delivery. Compliance with this requirement shall be a condition precedent to any claim to short delivery and/or damaged components.
v. Time of delivery shall not be the essence of the contract unless expressly so stipulated. The Company undertakes to use its best endeavours to despatch the goods on a promised delivery date but does not guarantee to do so. If delivery is delayed by strikes, lockouts, fire, accidents, defective materials, delays in receipt of raw materials or bought in goods or components, or any other cause beyond reasonable control of the Company a reasonable extension of time for delivery shall be granted and the Customer shall pay such reasonable extra charges as shall have been occasioned by the delay.
vi. Where the goods are not delivered to the Customer by the Company’s Carrier, but to an independent carrier chosen by the Customer and sent to the Company for the purpose of collecting their consignment, delivery to the Customer’s carrier shall be delivery to the Customer.
6. Terms of Sale
i. The price of the goods shall be due in full to the Company in accordance with the relevant contract of sale.
ii. Unless otherwise agreed by the Company in writing payment shall be due with the Customers order.
iii. Non stock items manufactured to customer's order require a non-refundable deposit, payable in advance.
iv. The ownership of the goods delivered by the Company shall only be transferred to the Customer when the Customer has met all that is owing to the Company in relation to the goods. The risk of accidental deterioration or destruction shall pass to the Customer on completion of safe delivery and the Customer shall insure against such risk.
7. Finance, Credit & Payment
i. Finance and credit facilities may be available to qualified persons or organisations – subject to status - upon prior arrangement with the Company, if the Company agrees to provide credit facilities to the Customer, the Customer undertakes to comply strictly with the terms thereof.
ii. If, after written reminders for overdue payments have been issued, the Customer remains in default of any overdue balance, the full amount due may be charged to any valid debit or credit card retained on file and used by the customer for previous transactions, without prior notification.
8. Cost Variation
All quotations and estimates issued by the Company are, unless otherwise stated, based on current cost of production (such as, without limitation, materials, hours, wages and foreign exchange rates) and are subject to amendment on or after acceptance to meet any recognised rise or fall in such costs.
9. Government Taxes or Levies
Any variations as a result of Government Taxes and Levies will be for the Customer’s account.
10. Purchasers understand and agree that no representative, officer, director, employee or salesman of HPS has any authority to make any statement contrary to these terms.
11. English Law
English law shall be the proper law of the contract

Rev. 22. 13-12-24