These terms may have changed since you last reviewed them

Even if you have placed an order with us before, please re-read these terms and conditions and ensure you understand and agree to them.

About us

We are Mercian Cycles Derby Limited, trading as “Mercian Cycles”. Our registered office is at Oaklands, 103 Duffield Road, Derby, DE22 1AE, United Kingdom, and our company number is 15788040. Our VAT registration number is 469908823.

Our business address is Mercian Cycles, Unit 2 Duffield Road Industrial Estate, Little Eaton Derby DE21 5DR.

You can contact us by telephone at +44 1332 752468 and by email at info@merciancycles.com.

We only accept orders when we have checked them and you have paid your deposit

When you place your order we will tell you how much you need to pay us as a deposit. Your order will not be considered accepted until we have received your deposit and we have confirmed your order.

Sometimes we reject orders

Sometimes we reject orders, for example, because a product is unexpectedly out of stock, because you are located outside our delivery areas or because the product was mispriced by us. When this happens, we will let you know as soon as possible and refund any sums you have paid.

The price of your bike is an estimate until we have confirmed all options

The price of your bike will depend on a number of factors, including the frame, the size, the selected colours and whether you wish the bike to be fully assembled. We are unable to confirm a final price until all of these factors have been selected by you and confirmed by us. Until that point, we will provide an estimate of the price together with likely price ranges for the available options.

We will charge you when we accept your order and at other stages during the build process

As mentioned above, you must pay a deposit at the time of placing your order. An interim payment will then be required once we have built your frame. We will confirm this amount to you by email but it will normally be 75% of the outstanding balance. If you are ordering a fully assembled bike, and have yet to decide on the components, then a further interim payment may be required before the components are ordered. You must pay the final balance of the price to us before we ship the frame and forks (or fully-assembled bike, if appropriate).

The deposit and other advance payments must be paid before we can move your bike to the next stage of production and we will have no liability for any delays resulting from your delay in payment.

If you change your mind about your order you must contact us as soon as possible after making each payment. If we have not yet started the relevant stage we may be able to refund your payment (for that stage only) and abort any further work, but once each stage begins the payment for that stage is non-refundable.

We cannot guarantee exact delivery times

Our bikes are all built and painted by hand. We cannot therefore commit to exact delivery times. As a general rule, the build of your frame will take three to four weeks and the painting of your frame will take a further three to four weeks. If you have requested a fully-assembled bike then assembly will take a further one to two weeks. Any customisations you request will add extra time. We will keep you updated on your bike’s progress throughout the process.

We charge interest on late payments

If you do not pay any payment you owe us we reserve the right to charge interest on the overdue amount at the rate of 2% a year above the Bank of England base rate from time to time. This interest accrues 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 the interest together with any overdue amount.

We pass on some increases in VAT

If the rate of VAT changes between your order date and the date we supply the bike, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.

We're not responsible for delays outside our control

If our supply of your bike is delayed by an event outside our control, we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we will not compensate you for the delay.

Paint colours can vary over time

Manufacturers’ paints will differ over time and all colours used by us are mixed in-house. Our colours will therefore potentially differ over time. We are not responsible for such changes and will have no liability to you whatsoever should we be unable to reproduce or duplicate a colour previously used or applied by us.

You are responsible for making sure your measurements are accurate

Unless you attend our premises for custom fitting, you are responsible for making sure all measurements provided by you are correct. We will have no liability to you if we build your frame to the wrong size as a result of your incorrect measurements. Please contact us for information and tips on how to measure accurately.

We may charge you if we are unable to deliver to your premises

We may charge you additional sums if you provide incomplete or inaccurate delivery address information, or if we have to re-arrange delivery because you are not at home on the date confirmed for delivery.

You do not have a legal right to change your mind about your order

Our bikes are customised just for you. We build the frame based on your measurements (or measurements we take if you come to our premises) and we apply the hand-mixed paint colours chosen by you. As a consequence, the cancellation rights under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 do not apply to the bikes we sell and you have no legal right to cancel your order and claim a refund. This does not however affect your right to cancel for other reasons provided by law (such as quality issues).

You have statutory rights if there is something wrong with your bike

If you think there is something wrong with your bike, you must contact us as soon as possible using the contact details at the start of this document and, if practicable, bring the bike to our premises for inspection and repair. If it’s not practicable for you to return the bike in person, you must make the bike available for our collection or, if requested by us, arrange delivery yourself (we will reimburse all reasonable costs of delivery).

We always honour our legal duty to provide you with products and services that are as described to you and that meet all requirements imposed by law.

We also offer a goodwill guarantee

If any frame sold by us is found to be defective (meaning it was defective when we sold it to you) and you make us aware of the defect within ten years of its sale by us, we will repair the frame or, if we are unable to do so, we will replace it or (at our discretion) provide a partial refund.

If any paintwork on a frame sold by us is found to be defective, and you make us aware of the defect within 12 months of its sale by us, we will repair the relevant paintwork. Because of the limitations of paint matching referred to above, we cannot guarantee that any repaint will be exactly the same colour as the original.

If we have agreed to carry out renovation services on a Mercian bike, our frame repairs and new paint schemes are guaranteed for 12 months from the date of the work. If you notify us of any defect within that period, we will re-perform the relevant renovation services. Note that we do not offer any goodwill guarantee on renovation services for non-Mercian bikes (but your statutory rights will be unaffected).

There are limitations on our guarantee. Our guarantee does not apply if:

• you continue to ride the bike after notifying us of the defect;

• the defect arises because you failed to follow our instructions as to the storage, use or maintenance of the bike;

• you alter or repair the bike yourself, or arrange for someone else to do so; or

• the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or usage conditions.

We can change products in minor ways

We can change a product:

• to reflect changes in relevant laws and regulatory requirements; or

• to make minor technical adjustments and improvements that don't adversely affect your use of the bike.

We can end our contract with you

We can end our contract with you and claim any compensation due to us (including enforcement costs) if:

• you do not make any payment to us when it's due and you still do not make payment within 28 days of our reminding you that payment is due;

• you do not, within a reasonable time of us asking for it, provide us with information that we need to build your bike; for example, size information or colour selections; or

• you do not, within a reasonable time, either allow us to deliver the bike to you or collect it from us.

We do not compensate you for all losses caused by us or our products

We are not responsible for losses you suffer caused by us breaking this contract if the loss is:

• Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).

• Caused by a delaying event outside our control. As long as we have taken the steps set out in the section “We are not responsible for delays outside our control” above.

• Avoidable. Something you could have avoided by taking reasonable action, including following our reasonable advice or instructions in respect of the bike.

To the extent that you use a product for the purposes of your trade, business, craft or profession then, other than in respect of any liability which cannot legally be limited, our total liability to you for all losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to what you paid for the bike and all claims for loss of profit or indirect or consequential loss are wholly excluded.

We use your personal data as set out in our Privacy Notice

How we use any personal data you give us is set out in our Privacy Notice at https://www.merciancycles.co.uk/privacy-policy/.

You have several options for resolving disputes with us

Contact us. We pride ourselves on our customer service and in the event of any problems you have with us or our bikes, please contact us by telephone or email and we will do our best to resolve your problem as quickly as possible.

You can go to court. These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.

Other important terms apply to our contract

We can transfer our contract with you, so that a different organisation is responsible for supplying your product. This might happen if, for example, we sold our business to a third party. We will tell you in writing if this happens and we will ensure that the transfer won't affect your rights under the contract.

You can only transfer your contract with us (including the goodwill guarantee) to someone else if we agree to this. We can refuse consent if we consider that your bike may become subject to unreasonable wear and tear or other adverse conditions as a result of the transfer. The new owner must prove you transferred the bike to them.

Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.

If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.