INTRODUCTION

The following terms and conditions (the "Terms") govern the service, repair, or replacement of your product by Fox Factory UK Limited, UTR Number 8752813417, Company Number 10764403, Fox Factory UK Ltd., 7th Floor 50 Broadway, London, SW1H 0DB and its subsidiaries and affiliates (collectively, "FOX," "we" or "us" or "our").

If you are a consumer, then please refer to Sections 12 and 18, which provides details in relation to how you may cancel our service, and circumstances where we will not be liable for your losses.

If you are a business, then please refer to Sections 13 and 18, which provides details in relation to termination, and how our liability is limited under these Terms.

You can find everything you need to know about us and our repair service on our website. We will also confirm any key information to you in writing after you have requested repair or replacement of your product, by email.

Service under this Agreement is offered and valid only to residents located in the United Kingdom (excluding the Isle of Man, Channel Islands, Hebridean Islands), Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark (excluding Greenland and Faroe Islands), Estonia, Finland (excluding Aland), France (excluding Corsica and overseas territories), Germany, Greece, Hungary, Ireland, Italy (excluding Sardinia), Latvia, Lithuania, Luxembourg, Malta, Netherlands, Norway (excluding Svalbard), Poland, Portugal, Romania, Slovakia, Slovenia, Spain (excluding Balearic Islands and Canary Islands), Sweden and Switzerland.

Please read these Terms carefully before you submit your Service Authorisation. When you submit your Service Authorisation and use our repair service, you are agreeing to the provisions contained in these Terms. We recommend that you print a copy of these Terms for future reference.

We may revise any of these Terms at any time by amending this page. For that reason, we recommend that you check this page frequently for any updates which we may have made.

1. Repair Service Process. To initiate a repair service, you must be 18 years of age or older. You must submit a service authorisation form online on our website ("Service Authorisation").

   Once your Service Authorisation has been received by us, you will receive an automated response e-mail containing a service request number for your reference. We will then contact you by e-mail to provide shipping instructions and an estimated quote for the service ("Quote") for your approval.

   You will be responsible for returning your product to us for repair using the postage label that we provide to you [via e-mail or post] and any instructions that we have communicated to you.

   The product will be serviced or repaired (as applicable), you will be notified, and a link will be sent to you for payment of the repair service based on the Quote we provided to you.

   Payment must be received by us prior to us returning your product.

   We rely on the information, products and parts you provide to us to be correct. If you make a mistake, (for example, if you send us a part that is different to the part as detailed in your Service Authorisation, or any parts are missing) then we may charge you a reasonable amount to cover any time, costs and expenses that we have reasonably incurred in assessing and/or dealing with your Service Authorisation, which will be capped at £30.00. You may request a detailed, itemised invoice, which will set out the basis for the charges by contacting our team at ukservice@ridefox.com.

2. These Terms Only Cover Paid for Repairs. When your product or repair is already covered by FOX's warranty or a warranty under consumer laws, these Terms will not apply to the extent that these Terms are inconsistent with such warranty.
3. Sometimes We Reject Orders. Sometimes we reject orders, for example, because we cannot verify your age, because you are located outside the countries listed on the first page of these Terms or because the service was mispriced by us due to a typographical error or otherwise. When this happens, we let you know as soon as possible and refund any sums you have paid.
4. Warranty Evaluation. If you are requesting a service based on a warranty claim, you will be asked to upload proof of your purchase and to describe the defect. If you do not have proof of your purchase, your claim may be void. If we determine, at our sole discretion, the issue is not one covered under the existing warranty, then we will contact you to inform you the price of the service and will await your approval before proceeding. If you do not approve the service, you will be responsible for postage charges to send the product back to you.

   Our Quotes only cover the repair and/or servicing work requested in your Service Authorisation. If during the course of undertaking that work our technicians discover other worn or faulty components, then we will notify you via e-mail and ask whether you would like us to quote to repair or service those other components. If you decide not to go ahead with those additional repairs or services then: (a) we will not be liable for any losses or damage you suffer to the extent that could have been avoided or mitigated had you gone ahead with those additional repairs or services; and (b) you will not be allowed to claim under the warranty for any service work which we do undertake for any problems or issues which could have been avoided or mitigated had you gone ahead with those additional repairs or services.

5. Parts and Labour. In servicing your product, we may use parts or products that are new, previously used genuine parts, or parts that have been tested to meet our functional requirements, subject to applicable law. We will retain the serviced or replaced part or product that is exchanged during the service as our property and the replacement part or product will become your property. If applicable law requires us to return a replaced item to you, and upon your request, you agree to pay us the retail cost of the replacement item and delivery.
6. Payment. Once your product has been serviced, you will be notified via e-mail or telephone, and a link will be sent to you via e-mail for payment of the Service Authorisation. Payment must be received by us before we return your product to you. You agree to pay in full the prices for any purchases you make either by credit/debit card or by other payment means acceptable to us. If payment is not received by us, your product will held for sixty days until payment is made, after which time it will be deemed abandoned meaning we may elect at our discretion to dispose of your product (including by way of selling your product) without further notice or any liability to you and/or we may elect to recover from you any reasonable storage costs and/or costs of disposing your product which are incurred by us. In these circumstances you will still be liable to pay us for any work which has been undertaken and will not be entitled to receive any refund of any payments which you may already have made to us. If payment is received by us and later disputed or denied, you agree to pay all amounts due in collection of the payment owed, as applicable by law.
7. Prices and Taxes. Your Quote will include the price of the product or service. In addition to your purchase price contained in your Quote, we will charge VAT on applicable transactions based on your delivery address and the VAT rate in effect at the time your order is billed. You agree to pay all applicable VAT.

   If the rate of VAT changes between your order date and the date we supply the service, 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.

   You will be responsible to pay all other taxes, duties, levies, and tariffs which are incurred or payable as a result of us supplying services to you, including any applicable import tax, export tax and customs charges.

8. Delivery. After you submit a Service Authorisation form online, you are responsible for returning your product to us.

   You are responsible for parts that are lost or damaged because of failure by you or the carrier. You are also responsible in ensuring your product is dispatched in a timely manner to meet any pre-arranged service schedule dates (if applicable).

   We will be responsible for return of the product back to you after service or repair has taken place.

   In the event you have an approved warranty claim, we will cover all postage costs of your product to and from us. We will issue a postage refund to you for the costs you incur to send your warranty claim product to us for repair.

9. Return Delivery. After we have completed the service or repair to your product, we will provide you an estimate as to when the serviced product will be sent to you at the address you provided on the Service Authorisation form.

   Once your order has been prepared for shipment or has been dispatched, we are unable to change the delivery address.

10. Service Status. You will be notified of your service status automatically via the e-mail address that you provide to us, or by WhatsApp messaging if you have opted-in. You may enquire about your service status at any time by contacting 0204 5863775 or ukservice@ridefox.com.
11. Delays Outside of Our Control. If our supply of your service is delayed by an event outside our control, such as a natural disaster, pandemic, a terrorist attack or strikes, 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, but if the delay is likely to be substantial you can contact our customer service team: ukservice@ridefox.com to end the Agreement and receive a refund for any services you have paid for in advance, but not received, less reasonable costs we have already incurred.
12. Notifications. We will notify you of the status of your repair services via e-mail. If you opt-in, you may also be notified of the status or your repair services via WhatsApp or SMS messages.
13. Cancellation. If you are a consumer, (as opposed to a business customer) you have a statutory fourteen (14) day period to cancel this Agreement for any reason and claim a refund of any payment which you may have made. You can find full details of your right to cancel, how to exercise it and of certain circumstances in which you may lose this right (including if you decide that you want us to provide you with services during any applicable cancellation period) by referring to Schedule 1 of these Terms.

    If you are not a consumer, once a Service Authorisation has been submitted and the product has been dispatched, you may not cancel the service order.

14. Termination. If you are a business, then without affecting any other right or remedy available to it, we may terminate this Agreement with immediate effect by giving written notice to you if: (a) you fail to pay any amount due under this Agreement on the due date for payment and remain in default not less than [30] days after being notified in writing to make such payment; or (b) you commit a material breach of any other term of this Agreement and (if such breach is remediable) fail to remedy that breach within a period of [30] days after being notified in writing to do so. Either party may terminate this Agreement with immediate effect if the other party suffers an insolvency event.

    If you are a consumer, then we can end our Agreement with you for a service and claim any compensation due to us if: (a) you do not make any payment to us when it is due and you still do not make payment to us within [30] days of us reminding you that payment is due; or (b) you do not, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the service, for example, approval of suggested service.

15. Irredeemable Products. If we determine your product cannot be serviced or does not require a replacement, under applicable law and within the warranty period, then we will not service or repair your product and will send it back to you.

    We advise you carefully review our website when submitting your Service Authorisation for the types of services we cannot perform.

16. Abandoned Product. We will send your serviced product to the delivery address you provided in your Service Authorisation form.

    If the product is returned to us by the carrier because delivery could not be completed to the address provided, we will attempt to contact you for an alternative delivery address.

    If you do not respond to our request within sixty (60) days, you will be notified, and your product will be deemed abandoned meaning we may elect at our discretion to dispose of your product (including by way of selling your product) without further notice or any liability to you and/or we may elect to recover from you any reasonable storage costs and/or costs of disposing your product which are incurred by us. In these circumstances you will still be liable to pay us for any work which has been undertaken and will not be entitled to receive any refund of any payments which you may already have made to us.

17. Refunds. Except as provided by your product warranty, we do not provide refunds for service orders. If you think there is something wrong with your service, you should contact our customer service team: ukservice@ridefox.com.
18. Service Warranty. For all service orders, we provide an express limited warranty as follows: FOX warrants that (a) services performed will conform to their description for ninety (90) days from the date of service; and (b) all parts of products used in service will be free from defects in materials and workmanship for ninety days from the date of service. If a non-conforming service or defect arises in the repair or replacement of a product during the applicable warranty period, FOX will at its option or as required by law, either (x) re-perform the services to conform to their description; (y) repair or replace the product using parts that are new or previously used and have been tested and passed functional requirements; or (z) refund the sums paid for the repair service.

    The rights outlined herein are in addition to the applicable consumer protection legislation of your country.

19. Liability. Nothing in this Agreement excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law. Each provision of this Agreement shall be read as subject to the foregoing.

    Services will be provided by us in accordance with this Agreement and using reasonable care and skill and within a reasonable time.

    To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the services we provide, whether express or implied, other than those as specifically provided for in this Agreement.

    1. If you are a consumer, we are responsible for reasonable losses you suffer as a direct result of us breaking this Agreement. However, we will not be liable to you for any other sort of loss including any of the following types of loss:
       • Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your repair or service 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 section 10 above (see the section titled "Delays Outside of Our Control").
       • Avoidable. Something you could have avoided by taking reasonable action, including following our reasonable instructions.
       • Related to damage that was caused by your decision to not service or repair a discovered issue. As long as we have taken the steps set out in section 3 above (see the section titled "Warranty Evaluation").
    2. If you are a business customer, in addition to the above, please note that we do not accept any liability for: (a) a product or service not being available for use; (b) loss of profits, sales, business or revenue; (c) business interruption; (d) loss of anticipated savings; (e) loss of, damage to or corruption of data (including the cost of restoring any lost, damaged or corrupted data); (f) loss of goodwill or reputation; or (g) any indirect or consequential loss or damage.

    In either case, if we incur any liability to you which is not excluded under these Terms, then our maximum financial liability to you in respect of any and all claims shall be limited to the price of the order or service request under this Agreement.

20. Data Processing. When we provide the services, it will be necessary for us to collect, process, and use your personal information to perform the services under these Terms. We will protect your personal information in accordance with our Privacy Policy, available at [INSERT].
21. [RESERVED]
22. Changes. We can always change a service to reflect changes in relevant applicable laws and regulatory requirements and to make minor technical adjustments and improvements. If you are a consumer and we make any changes that substantially impact the service we provide to you, we will notify you in advance and you can contact our customer service team at ukservice@ridefox.com to end your Agreement before the change takes effect.
23. Resolving Disputes.

    (a) If you are a consumer, you have several options for resolving disputes with us.

    Complaints:

    If you have a complaint, you may contact our customer service team at ukservice@ridefox.com and the team will do their best to resolve any issues you have with us or our services as quickly as possible.

    Resolving Disputes Without Going to Court:

    Alternative dispute resolution is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. However, please note that we are not obliged to participate in any alternative dispute resolution process.

    EU/EEA Residents

    The European Commission has established a platform for online dispute resolution, which can be accessed at http://ec.europa.eu/consumers/odr/. UK Residents

    UK residents may use alternative dispute resolution through RetailADR (www.retailadr.org.uk).

    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.

    (b) If you are a business customer, these Terms, their subject matter and formation (and any non-contractual disputes or claims) are governed by English law. You and we both agree to the exclusive jurisdiction of the courts of England and Wales.

24. Waiver. Any waiver under this Agreement shall not be effective, unless such waiver is in writing signed by the waiving party.
25. No Third-Party Rights. This Agreement 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.
26. Subcontractors. We can transfer our Agreement with you, so that a different organisation is responsible for supplying your service. We will ensure that the transfer will not affect your rights under this Agreement.
27. Conflict of Terms; English Language. In the event of a conflict between different translations of this document, the English translation will prevail.
28. Invalidation of Terms. If a court invalidates some of this Agreement, 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.
29. Complete Agreement. This Agreement supersedes all agreements either oral or written between us with respect to the services we are providing to you.
30. Delay. Even if we delay in enforcing this Agreement, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you are not allowed to, but that does not mean we cannot do it later.
31. Contact Information. You can contact us at legal@ridefox.com if you have any questions relating to these Terms or ukservice@ridefox.com if you have any questions regarding your service with the subject line "[BICYCLE TERMS AND CONDITIONS]":

    Fox Factory UK Ltd., 7th Floor 50 Broadway, London, SW1H 0DB

Last Updated: 5 May 2023