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Terms And Conditions Of Sale
These terms & conditions apply to bike sales directly through Giant online. These terms do not apply to in-store purchases - please refer to your retailer for their terms & conditions of the sale.
In order to protect your interests you should read these Conditions carefully before placing an order with us.
If you require any changes to these Conditions you should ask us to put these in writing.
1. Definitions
1.1 In these Conditions the following expressions have the following meanings unless inconsistent with the context:
“Click and Collect” the process by which you order Goods from the Site to collect from the Giant Dealer in store;
“Conditions” these terms and conditions; “Contract” any agreement for the sale and purchase of Goods from us to you in accordance with Condition “Cooling Off Period” means as described in Condition 8.1;
“Custom Fit Products” those Goods which by their nature and design must be tailored and adjusted to your specific requirements;
“Delivery Address” the address for delivery of the Goods within the United Kingdom as set out in the Order Acknowledgment or as may have been agreed between you and us in writing from time to time;
“Finance” the process by which you pay for the Goods by entering a credit agreement with the Finance Company;
“Finance Company” a third party who enters into a credit agreement with you in order to provide credit to you to purchase the Goods;
“Giant Dealer” a member of our dealership network including Giant branded stores;
“Goods” all goods supplied by us to you under the Contract; “Home Delivery” the process by which you order Goods from the Site for the Giant Dealer to deliver to you
“Notice of Cancellation” any notice of your intention to cancel the Contract provided by you to us in accordance with Condition 8. An online "Model Cancellation Form" is available here
“Order Acknowledgment” written confirmation by us of our acceptance of your order; “Price” the price payable by you for the Goods; “Site” www.giant-bicycles.com/gb/ or www.liv-cycling.com/gb/
“we”, “us” or “our” Giant U.K. Limited, registered in England and Wales under number 2167762, whose principal place of business and registered office is Charnwood Edge Business Park, Syston Road, Cossington, Leicestershire LE7 4UZ, info@giant-bicycles.co.uk “Working Day” any day from Monday to Friday other than a statutory holiday or public holiday in England; and “you” or “your” the person who has accepted these Conditions.
1.2 References to any statute or statutory provision include, unless the context otherwise requires, a reference to the statute or statutory provision as modified or re-enacted and in force from time to time and any subordinate legislation made from time to time under the relevant statute or statutory provision.
1.3 References to persons include natural persons, firms, partnerships, companies, corporations, associations and organisations (in each case whether or not having separate legal personality).
1.4 Words in the singular include the plural and words in the plural include the singular.
1.5 Any reference to “writing” includes communications by post, facsimile and e-mail but excludes text messages.
1.6 The headings to Conditions do not affect the meaning and interpretation of these Conditions.
1.7 Any phrase introduced by the term “include”, “including”, “in particular” or any similar expression is illustrative and does not limit the sense of the words preceding that term.
2. Basis of Contract
2.1 These Conditions shall apply to the sale by us of all Goods purchased by you.
2.2 Each Contract shall be made when we issue an Order Acknowledgement to you by e-mail and not before.
2.3 We shall not be responsible for any promises or claims concerning the Goods which are not made by us, our employees or agents.
2.4 Any error or omission in any information or document issued by us shall be liable to correction provided that such correction does not materially affect the Contract.
2.6 If Goods ordered by you are not available we shall contact you and cancel your order and any sums you have already paid to us in respect of the Goods shall be refunded to you. In the event that we are unable to contact you within 10 Working Days the Contract will be deemed cancelled and any sums you have already paid to us in respect of the Goods shall be refunded to you. Where Goods have been ordered by Finance, your original order will be cancelled and any sums already paid by you will be refunded directly by the Finance Company.
3. Price
3.1 The Price to be paid by you is that displayed on the Site as at the time when your order is received by us.
3.2 In the event that we discover a genuine error in the Price for the Goods ordered by you as displayed on the Site, unless the Goods have been ordered by Finance, we shall notify you as soon as possible providing you the option of either reconfirming the order at the correct Price or cancelling the order. If we are unable to contact you for the purposes of this Condition 3.2 within 10 Working Days or if you fail to either reconfirm or cancel the order within this period, your order shall be deemed cancelled and where you have already made payment for the Goods this shall be refunded to you in full. Where Goods have been ordered by Finance, your original order will be cancelled and any payment already made by you will be refunded directly by the Finance Company.
3.3 All Prices are quoted inclusive of VAT.
3.4 The Price is exclusive of the costs of delivery, the costs of which shall be charged in addition to the Price and will be as displayed on the Site at the time your order is received by us.
4. Payment
4.1 Payment for the Goods shall be due at the time of order placement and payment can be made by one of the following credit or debit cards: MasterCard, Visa, and American Express, via PayPal, Finance or Klarna.
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment is to be made to Klarna:
Pay later 30
Pay in 3 interest free instalments
Further information and Klarna’s user terms you can find here. General information on Klarna you can find here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarna's privacy statement.
4.2 Unless due to our fault, if payment for the Goods has not been received in full and in cleared funds within 7 Working Days of order placement we shall be entitled at our option and without liability to you to cancel your order by notice to you in writing.
4.3 Payments for Goods shall only be accepted in sterling. Unless otherwise agreed in writing any payment received from you in any other currency will not be deemed to be payment for the Goods in question.
5. Packaging
5.1 The packaging of the Goods shall be entirely at our discretion. We shall have the right to pack all the Goods in such manner and in such quantities as we think fit and we shall not be obliged to comply with any packaging requests or instructions from you.
6. Delivery
6.1 Any order that is under £50.00 is subject to a £5.00 delivery charge, payable by you at the time of payment for the Goods in accordance with Clause 4.
6.2 The Goods shall be delivered:
6.2.1 where ordered by Click and Collect, when they have been collected by you from the Delivery Address, which shall in all circumstances be the premises of a Giant Dealer. We shall notify you by email that the Goods are available for delivery;
6.2.2 where ordered by Home Delivery, when they are delivered to you by a Giant Dealer at the Delivery Address. We shall notify you by email that the Goods are available for delivery and a Giant Dealer will contact you to arrange delivery.
6.3 We shall reasonably endeavour to deliver the Goods within 4 to 5 Working Days of the Order Acknowledgement (“the Anticipated Delivery Date”), but we shall not be held responsible for any delays in delivery caused by circumstances beyond our reasonable control. If delivery is delayed for more than 30 days after the Anticipated Delivery Date you shall be entitled to cancel the Contract and recover your reasonable losses from us.
6.4 We shall have the right to deliver Goods in instalments.
6.5 Upon delivery of the Goods you shall be required to present to the Giant Dealer the following:-
6.5.1 the Order Acknowledgment;
6.5.2 where you have paid for the Goods by PayPal or by Cyclescheme, photographic identification - valid photo passport or photo drivers license only;
6.5.3 where you have paid for the Goods by card, photographic identification - valid photo passport or photo drivers license only; and
6.5.3.1 the original payment card bearing the same name as the name on the order confirmation and on the photographic identification and matching the last 4 card digits and card expiry date
6.5.4 where you have paid for the Goods by Finance:-
6.5.4.1 a copy of the credit agreement entered into between you and Finance Company to purchase the Goods; and
6.5.4.2 a copy of either your valid driver’s licence (both photo identification and paper halves) or a copy of your valid passport; and
6.5.4.3 either a bank statement or utility bill no less than 3 months old as proof of your address e.g. utility bill (this must be the same address as set out in the credit agreement). The Giant Dealer will take a copy of these to be stored for 90 days.
6.5.5 where you have paid for the Goods by STS Buy a Bike Scheme:-
6.5.5.1 the order acknowledgement; and
6.5.5.2 your unique employee number found on your payslip; and
6.5.5.3 a copy of either your valid driver’s licence (both photo identification and paper halves) or a copy of your valid passport
6.6 If you fail to take delivery of the Goods within a period of 15 Working Days of our written notification that delivery can take place the Goods will no longer be available for delivery. Unless your failure to take delivery of the Goods is due to our fault, we shall be entitled to store the Goods until actual delivery and charge you for the reasonable costs of storage (including insurance) and redelivery. You must call us on +44 (0) 800 0159 890 to arrange re-delivery to the Giant Dealer and collection from the Giant Dealer’s Delivery Address (in the case of Click and Collect) or delivery by the Giant Dealer to you at the Delivery Address (in the case of Home Delivery).
6.7 Unless we agree to a longer time period in writing you must advise us of any damage to the Goods which is apparent on delivery or any shortage of the Goods in writing within 14 Working Days following delivery.
6.8 On delivery it is your responsibility to ensure that the total number of packages signed for is the same as the number of packages delivered.
7. Risk and Title of Goods
7.1 Risk of damage to or loss of the Goods shall pass to you:
7.1.1 at the time of delivery; or
7.1.2 if you wrongfully fail to take delivery then risk shall pass to you at the time when we have tendered delivery of the Goods, but you shall not be responsible for any damage to the Goods caused by our negligence.
7.2 Ownership of the Goods shall pass to you on delivery.
8. Cancellations
8.1 Unless the Goods have been personalised or otherwise made to your specification or by the reason of the nature of the Goods cannot be returned (including without limitation Custom Fit Products) you may cancel the Contract at any time after you place your order up to 28 days from the day of delivery of all of the Goods (“Cooling Off Period”). We will confirm to you if the Goods are Custom Fit Products by placing a notice on the Site prior to the Contract being formed.
8.2 If you wish to cancel the Contract you must:
8.2.1 complete an online Model Cancellation Form;
8.2.2 keep the Goods in your possession and take reasonable care of them before you return them to us; and
8.2.3 either;
8.2.3.1 return the Goods to us at your own cost;
8.2.3.2 under Click and Collect return the Goods to the Delivery Address
8.2.3.3 under Home Delivery return the Goods to the Giant Dealer whilst at the Delivery Address delivering the Goods or return the Goods to the Giant Dealer in-store.
8.3 If you cancel the Contract under Condition 8.1 during the Cooling Off Period, we will, subject to Conditions 8.4 and 8.5, refund the Price, within 14 days from the date:-
8.3.1 we receive the Goods back from you in accordance with Clause 8.2.3.1; or
8.3.2 under Click and Collect you return the Goods to the Delivery Address in accordance with Clause 8.2.3.2; or
8.3.3 under Home Delivery you return the Goods to the Giant Dealer whilst at the Delivery Address delivering the Goods or return the Goods to the Giant Dealer in-store in accordance with Clause 8.2.3.3.
8.4 Where you fail to return the Goods to us or the Delivery Address or where you return the Goods at our expense we shall, where appropriate, be entitled to make our own arrangements for collection of the Goods and shall in either case be entitled to either deduct the direct costs of collection or return from any refund due to you under Condition 8.6 or recover such costs from you as a debt from you to us.
8.5 Where :
8.5.1 the value of the Goods has been reduced as a result of the handling and/or use of the Goods beyond what is necessary to establish their nature characteristics and functioning; or
8.5.2 you fail to take reasonable care to ensure that we receive the Goods and to see that they are not damaged in transit we may either deduct an amount equal to any loss in value of the Goods from any refund due to you under Condition 8.6 or recover such amount from you as a debt from you to us.
8.6 Contracts may only be cancelled outside of the Cooling Off Period with our agreement and on the basis that you will pay to us a sum equivalent to any damages, charges and expenses reasonably incurred by us as a result of the cancellation.
9. Complaints, Warranties and the Return of Goods
9.1 We warrant to you that any Goods purchased from us through our Site will, on delivery, be free from material defects in materials or workmanship.
9.2 If you make a claim of damaged or defective Goods under the warranty provided at Condition 9.1 we ask that:
9.2.1 you tell us about any fault or damage as soon as is reasonably possible (you can call us on +44 (0) 800 0159 110 or complete a Model Cancellation Form here); and
9.2.2 you give us or a Giant Dealer a reasonable opportunity to inspect the Goods in the same condition as they were after discovery of the defect and at our option either return the Goods to us at your cost, or alternatively allow us or a Giant Dealer to collect the Goods, for examination to take place at our premises or the premises of the Giant Dealer. The reasonable cost of packaging and carriage of Goods returned by you will be reimbursed by us if the Goods are found to be damaged or defective and you shall be liable to pay us for any reasonable costs incurred by us collecting Goods found not to be defective.
9.3 Where you have a valid claim in respect of the Goods we shall be entitled to:
9.3.1 replace the Goods (or the part in question) found to be defective at our cost
9.3.2 at our option refund to you the Price (or a proportionate part of the Price) of the relevant part of the Goods found not to conform to warranty
9.4 For the purposes of Condition 9.2.1 we ask you to examine the Goods as soon as is reasonably possible after delivery.
9.5 Subject as expressly provided in these Conditions, all warranties conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law. This Condition 9.5 shall not affect your statutory rights as a consumer.
10. Liability
10.1 Nothing in these Conditions excludes or limits our liability for death or personal injury caused by negligence, fraudulent misrepresentations or breach of any terms supplied by Statute.
10.2 Subject to Condition 10.1 we shall not be liable for any losses under the Contract which:
10.2.1 were not foreseeable to us at the time when the Contract was made;
10.2.2 relate to any business undertaken by you; and/or
10.2.3 were not caused by any breach of the Contract by us, our agents or employees.
11. Force Majeure
11.1 We shall be not liable to you or deemed to be in breach of this Contract by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the Contract, if the delay or failure was due to any cause beyond our reasonable control such as (but without limitation) any strike, lock-out or other form of industrial action, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or government order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of supplier or sub-contractors or inability to obtain materials required for performance of the Contract.
12. Assignment
12.1 We may assign the Contract or any part of it to any person.
12.2 You shall not be entitled to assign the Contract or any part of it without our prior written consent which we shall not refuse to give without good reason.
13. Third party rights
13.1 A person who is not a party to the Contract will not have any rights under or in connection with it by virtue of the Contracts (Rights of Third Parties) Act 1999.
14. Severance
14.1 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions shall remain in full force and effect.
15. Waiver
15.1 If either you or us fail or delay or compromise in exercising a right or remedy under the Contract, the right or remedy is not to be treated as having been waived, restricted or varied and any agreement by either you or us to refrain from exercising a right in one particular instance will not prevent you or us from exercising it in full in the future.
16. Cumulative remedies
16.1 All rights and remedies available to either you or us under the terms of the Contract or under the general law are to be cumulative, and no exercise by either you or us of any such right or remedy is to restrict or prejudice the exercise of any other right or remedy granted by the Contract or otherwise available to you or us.
17. Governing law and jurisdiction
17.1 The Contract shall be governed by the laws of England and any court proceedings in relation to the Contract are to be brought in the English Courts.
Privacy and Cookie Statement Privacy Statement
Giant U.K. Limited (company number 2167762) (our, us or we) is committed to protecting and respecting your privacy.
Summary
This Notice explains how we Process Personal Data. This Notice may be amended or updated from time to time, so please check it regularly for updates.
This Notice is issued by each of the Controller entities listed in Section (R) below (together, “Giant”, “we”, “us” and “our”) and is addressed to individuals outside our organization with whom we interact, including customers, visitors to our Sites, users of our Apps, other users of our products or services, and visitors to our premises (together, “you”). Defined terms used in this Notice are explained in Section (S) below.
This Notice may be amended or updated from time to time to reflect changes in our practices with respect to the Processing of Personal Data, or changes in applicable law. We encourage you to read this Notice carefully, and to regularly check this page to review any changes we might make in accordance with the terms of this Notice.
- Collection of Personal Data
Summary – Collection of Personal Data |
We collect or obtain Personal Data: when those data are provided to us (e.g., where you contact us); in the course of our relationship with you (e.g., if you make a purchase); when you make Personal Data public (e.g., if you make a public post about us on social media); when you download, install, or use any of our Apps; when you visit our Sites; when you register to use any of our Sites, Apps, products, or services; or when you interact with any third party content or advertising on a Site or in an App. We may also receive Personal Data about you from third parties (e.g., law enforcement authorities). |
Collection of Personal Data: We collect or obtain Personal Data about you from the following sources:
- Data provided to us: We obtain Personal Data when those data are provided to us (e.g., where you contact us via email or telephone, or by any other means, or when you provide us with your business card, or when you submit a job application).
- Relationship data: We collect or obtain Personal Data in the ordinary course of our relationship with you (e.g., we provide a service to you, or to your employer).
- Data you make public: We collect or obtain Personal Data that you manifestly choose to make public, including via social media (e.g., we may collect information from your social media profile(s), if you make a public post about us).
- App data: We collect or obtain Personal Data when you download or use any of our Apps.
- Site data: We collect or obtain Personal Data when you visit any of our Sites or use any features or resources available on or through a Site.
- Registration details: We collect or obtain Personal Data when you use, or register to use, any of our Sites, Apps, products, or services.
- Content and advertising information: If you interact with any third party content or advertising on a Site or in an App (including third party plugins and cookies) we receive Personal Data from the relevant third party provider of that content or advertising.
- Third party information: We collect or obtain Personal Data from third parties who provide it to us (e.g., credit reference agencies; law enforcement authorities; etc.)
Creation of Personal Data
Summary – Creation of Personal Data |
We create Personal Data about you (e.g., records of your interactions with us). |
We also create Personal Data about you in certain circumstances, such as records of your interactions with us, and details of your past interactions with us. We may also combine Personal Data from any of our Sites, Apps, products, or services, including where those data are collected from different devices.
Categories of Personal Data we Process
Summary – Categories of Personal Data we Process |
We Process: your personal details (e.g., your name); demographic data (e.g., your age); your contact details (e.g., your address); records of your consents; purchase details; payment details (e.g., your billing address); information about our Sites and Apps (e.g., the type of device you are using); details of your employer (where relevant); information about your interactions with our content or advertising; and any views or opinions you provide to us. |
We Process the following categories of Personal Data about you:
- Personal details: given name(s); preferred name; and photograph.
- Demographic information: gender; date of birth / age; nationality; salutation; title; and language preferences.
- Contact details: correspondence address; shipping address; telephone number; email address; details of Personal Assistants, where applicable; messenger app details; online messaging details; and social media details.
- Consent records: records of any consents you have given, together with the date and time, means of consent and any related information (e.g., the subject matter of the consent).
- Purchase details: records of purchases and prices; and consignee name, address, contact telephone number and email address.
- Payment details: invoice records; payment records; billing address; payment method; bank account number or credit card number; cardholder or accountholder name; card or account security details; card ‘valid from’ date; card expiry date; BACS details; SWIFT details; IBAN details; payment amount; payment date; and records of cheques.
- Data relating to our Sites and Apps: device type; operating system; browser type; browser settings; IP address; language settings; dates and times of connecting to a Site; App usage statistics; App settings; dates and times of connecting to an App; location data, and other technical communications information (some of which may constitute Personal Data); username; password; security login details; usage data; aggregate statistical information.
- Employer details: where you interact with us in your capacity as an employee of a third party, the name, address, telephone number and email address of your employer, to the extent relevant.
- Content and advertising data: records of your interactions with our online advertising and content, records of advertising and content displayed on pages or App screens displayed to you, and any interaction you may have had with such content or advertising (e.g., mouse hover, mouse clicks, any forms you complete in whole or in part) and any touchscreen interactions.
- Views and opinions: any views and opinions that you choose to send to us, or publicly post about us on social media platforms.
Sensitive Personal Data
Summary – Sensitive Personal Data |
We do not seek to collect or otherwise Process Sensitive Personal Data. Where we need to Process Sensitive Personal Data for a legitimate purpose, we do so in accordance with applicable law. |
We do not seek to collect or otherwise Process Sensitive Personal Data in the ordinary course of our business. Where it becomes necessary to Process your Sensitive Personal Data for any reason, we rely on one of the following legal bases:
- Compliance with applicable law: We may Process your Sensitive Personal Data where the Processing is required or permitted by applicable law (e.g., to comply with our diversity reporting obligations);
- Detection and prevention of crime: We may Process your Sensitive Personal Data where the Processing is necessary for the detection or prevention of crime (e.g., the prevention of fraud);
- Establishment, exercise or defence of legal rights: We may Process your Sensitive Personal Data where the Processing is necessary for the establishment, exercise or defence of legal rights; or
- Consent: We may Process your Sensitive Personal Data where we have, in accordance with applicable law, obtained your prior, express consent prior to Processing your Sensitive Personal Data (this legal basis is only used in relation to Processing that is entirely voluntary – it is not used for Processing that is necessary or obligatory in any way).
If you provide Sensitive Personal Data to us, you must ensure that it is lawful for you to disclose such data to us, and you must ensure a valid legal basis applies to the Processing of those Sensitive Personal Data.
Purposes of Processing and legal bases for Processing
Summary – Purposes of Processing and legal bases for Processing |
We Process Personal Data for the following purposes: providing our Sites, Apps, products, and services to you; operating our business; communicating with you; managing our IT systems; health and safety; financial management; conducting surveys; ensuring the security of our premises and systems; conducting investigations where necessary; compliance with applicable law; improving our Sites, Apps, products, and services; fraud prevention; and recruitment and job applications. |
The purposes for which we Process Personal Data, subject to applicable law, and the legal bases on which we perform such Processing, are as follows:
Processing activity | Legal basis for Processing |
· Provision of Sites, Apps, products, and services: providing our Sites, Apps, products, or services; providing promotional items upon request; and communicating with you in relation to those Sites, Apps, products, or services. | · The Processing is necessary in connection with any contract that you have entered into with us, or to take steps prior to entering into a contract with us; or · We have a legitimate interest in carrying out the Processing for the purpose of providing our (to the extent that such legitimate interest is not overridden by your interests, fundamental rights, or freedoms); or · We have obtained your prior consent to the Processing (this legal basis is only used in relation to Processing that is entirely voluntary – it is not used for Processing that is necessary or obligatory in any way). |
· Operating our business: operating and managing our Sites, our Apps, our products, and our services; providing content to you; displaying advertising and other information to you; communicating and interacting with you via our Sites, our Apps, our products, or our services; and notifying you of changes to any of our Sites, our Apps, our products, or our services. | · The Processing is necessary in connection with any contract that you have entered into with us, or to take steps prior to entering into a contract with us; or · We have a legitimate interest in carrying out the Processing for the purpose of providing our Sites, our Apps, our products, or our services to you (to the extent that such legitimate interest is not overridden by your interests, fundamental rights, or freedoms); or · We have obtained your prior consent to the Processing (this legal basis is only used in relation to Processing that is entirely voluntary – it is not used for Processing that is necessary or obligatory in any way). |
· Communications and marketing: communicating with you via any means (including via email, telephone, text message, social media, post or in person) to provide news items and other information in which you may be interested, subject always to obtaining your prior opt-in consent to the extent required under applicable law; maintaining and updating your contact information where appropriate; and obtaining your prior, opt-in consent where required. | · The Processing is necessary in connection with any contract that you have entered into with us, or to take steps prior to entering into a contract with us; or · We have a legitimate interest in carrying out the Processing for the purpose of contacting you, subject always to compliance with applicable law (to the extent that such legitimate interest is not overridden by your interests, fundamental rights, or freedoms); or · We have obtained your prior consent to the Processing (this legal basis is only used in relation to Processing that is entirely voluntary – it is not used for Processing that is necessary or obligatory in any way). |
· Product safety communications: communications in relation to product safety, including product recalls and product safety advisory notices. | · The Processing is necessary for compliance with a legal obligation; or · We have a legitimate interest in carrying out the Processing for the purpose of ensuring the safety, and proper use, of our products (to the extent that such legitimate interest is not overridden by your interests, fundamental rights, or freedoms). |
· Management of IT systems: management and operation of our communications, IT and security systems; and audits (including security audits) and monitoring of such systems. | · The Processing is necessary for compliance with a legal obligation; or · We have a legitimate interest in carrying out the Processing for the purpose of managing and maintaining our communications and IT systems (to the extent that such legitimate interest is not overridden by your interests, fundamental rights, or freedoms). |
· Health and safety: health and safety assessments and record keeping; providing a safe and secure environment at our premises; and compliance with related legal obligations. | · The Processing is necessary for compliance with a legal obligation; or · We have a legitimate interest in carrying out the Processing for the purpose of ensuring a safe environment at our premises (to the extent that such legitimate interest is not overridden by your interests, fundamental rights, or freedoms); or · The Processing is necessary to protect the vital interests of any individual. |
· Financial management: sales; finance; corporate audit; and vendor management. | · We have a legitimate interest in carrying out the Processing for the purpose of managing and operating the financial affairs of our business (to the extent that such legitimate interest is not overridden by your interests, fundamental rights, or freedoms); or · We have obtained your prior consent to the Processing (this legal basis is only used in relation to Processing that is entirely voluntary – it is not used for Processing that is necessary or obligatory in any way). |
· Surveys: engaging with you for the purposes of obtaining your views on our Sites, our Apps, our products, or our services. | · We have a legitimate interest in carrying out the Processing for the purpose of conducting surveys, satisfaction reports and market research (to the extent that such legitimate interest is not overridden by your interests, fundamental rights, or freedoms); or · We have obtained your prior consent to the Processing (this legal basis is only used in relation to Processing that is entirely voluntary – it is not used for Processing that is necessary or obligatory in any way). |
· Security: physical security of our premises (including records of visits to our premises); CCTV recordings; and electronic security (including login records and access details). | · The Processing is necessary for compliance with a legal obligation; or · We have a legitimate interest in carrying out the Processing for the purpose of ensuring the physical and electronic security of our business and our premises (to the extent that such legitimate interest is not overridden by your interests, fundamental rights, or freedoms). |
· Investigations: detecting, investigating and preventing breaches of policy, and criminal offences, in accordance with applicable law. | · The Processing is necessary for compliance with a legal obligation; or · We have a legitimate interest in carrying out the Processing for the purpose of detecting, and protecting against, breaches of our policies and applicable laws (to the extent that such legitimate interest is not overridden by your interests, fundamental rights, or freedoms). |
· Legal proceedings: establishing, exercising and defending legal rights. | · The Processing is necessary for compliance with a legal obligation; or · We have a legitimate interest in carrying out the Processing for the purpose of establishing, exercising or defending our legal rights (to the extent that such legitimate interest is not overridden by your interests, fundamental rights, or freedoms). |
· Legal compliance: compliance with our legal and regulatory obligations under applicable law. | · The Processing is necessary for compliance with a legal obligation. |
· Improving our Sites, Apps, products, and services: identifying issues with our Sites, our Apps, our products, or our services; planning improvements to our Sites, our Apps, our products, or our services; and creating new Sites, Apps, products, or services. | · We have a legitimate interest in carrying out the Processing for the purpose of improving our Sites, our Apps, our products, or our services (to the extent that such legitimate interest is not overridden by your interests, fundamental rights, or freedoms); or · We have obtained your prior consent to the Processing (this legal basis is only used in relation to Processing that is entirely voluntary – it is not used for Processing that is necessary or obligatory in any way). |
· Fraud prevention: Detecting, preventing and investigating fraud. | · The Processing is necessary for compliance with a legal obligation (especially in respect of applicable employment law); or · We have a legitimate interest in carrying out the Processing for the purpose of detecting, and protecting against, fraud (to the extent that such legitimate interest is not overridden by your interests, fundamental rights, or freedoms). |
· Recruitment and job applications: recruitment activities; advertising of positions; interview activities; analysis of suitability for the relevant position; records of hiring decisions; offer details; and acceptance details. | · The Processing is necessary for compliance with a legal obligation (especially in respect of applicable employment law); or · We have a legitimate interest in carrying out the Processing for the purpose of recruitment activities and handling job applications (to the extent that such legitimate interest is not overridden by your interests, fundamental rights, or freedoms); or · We have obtained your prior consent to the Processing (this legal basis is only used in relation to Processing that is entirely voluntary – it is not used for Processing that is necessary or obligatory in any way). |
Disclosure of Personal Data to third parties
Summary – Disclosure of Personal Data to third parties |
We disclose Personal Data to: legal and regulatory authorities; our external advisors; our Processors; any party as necessary in connection with legal proceedings; any party as necessary for investigating, detecting or preventing criminal offences; any purchaser of our business; and any third party providers of advertising, plugins or content used on our Sites or our Apps. |
We disclose Personal Data to other entities within the Giant group, for legitimate business purposes and the operation of our Sites, Apps, products, or services to you), in accordance with applicable law. In addition, we disclose Personal Data to:
- you and, where appropriate, your appointed representatives;
- legal and regulatory authorities, upon request, or for the purposes of reporting any actual or suspected breach of applicable law or regulation;
- accountants, auditors, lawyers and other outside professional advisors to Giant, subject to binding contractual obligations of confidentiality;
- third party Processors (such as payment services providers; shipping companies; etc.), located anywhere in the world, subject to the requirements noted below in this Section (G);
- any relevant party, law enforcement agency or court, to the extent necessary for the establishment, exercise or defence of legal rights;
- any relevant party for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties;
- any relevant third party acquirer(s), in the event that we sell or transfer all or any relevant portion of our business or assets (including in the event of a reorganization, dissolution or liquidation); and
- any relevant third party provider, where our Sites and our Apps use third party advertising, plugins or content. If you choose to interact with any such advertising, plugins or content, your Personal Data may be shared with the relevant third party provider. We recommend that you review that third party’s privacy policy before interacting with its advertising, plugins or content.
If we engage a third-party Processor to Process your Personal Data, the Processor will be subject to binding contractual obligations to: (i) only Process the Personal Data in accordance with our prior written instructions; and (ii) use measures to protect the confidentiality and security of the Personal Data; together with any additional requirements under applicable law.
Profiling
Summary – Profiling |
Personal Data are subject to automated decision-making and Profiling. |
We Process Personal Data for the purposes of automated decision-making and Profiling, which is carried out for the following purposes:
Profiling activity | Logic of the Profiling activity | Consequences for you |
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International transfer of Personal Data
Summary – International transfer of Personal Data |
We transfer Personal Data to recipients in other countries. Where we transfer Personal Data from the EEA to a recipient outside the EEA that is not in an Adequate Jurisdiction, we do so on the basis of Standard Contractual Clauses. |
Because of the international nature of our business, we transfer Personal Data within the Giant group, and to third parties as noted in Section (G) above, in connection with the purposes set out in this Notice. For this reason, we transfer Personal Data to other countries that may have different laws and data protection compliance requirements to those that apply in the country in which you are located.
Where we transfer your Personal Data from the EEA to recipients located outside the EEA who are not in Adequate Jurisdictions, we do so on the basis of Standard Contractual Clauses. You are entitled to request a copy of our Standard Contractual Clauses using the contact details provided in Section (R) below.
Please note that when you transfer any Personal Data directly to a Giant entity established outside the EEA, we are not responsible for that transfer of your Personal Data. We will nevertheless Process your Personal Data, from the point at which we receive those data, in accordance with the provisions of this Notice.
Data security
Summary – Data security |
We implement appropriate technical and organisational security measures to protect your Personal Data. Please ensure that any Personal Data that you send to us are sent securely. |
We have implemented appropriate technical and organisational security measures designed to protect your Personal Data against accidental or unlawful destruction, loss, alteration, unauthorised disclosure, unauthorised access, and other unlawful or unauthorised forms of Processing, in accordance with applicable law.
Because the internet is an open system, the transmission of information via the internet is not completely secure. Although we will implement all reasonable measures to protect your Personal Data, we cannot guarantee the security of your data transmitted to us using the internet – any such transmission is at your own risk and you are responsible for ensuring that any Personal Data that you send to us are sent securely.
Data accuracy
Summary – Data accuracy |
We take every reasonable step to ensure that your Personal Data are kept accurate and up-to-date and are erased or rectified if we become aware of inaccuracies. |
We take every reasonable step to ensure that:
- your Personal Data that we Process are accurate and, where necessary, kept up to date; and
- any of your Personal Data that we Process that are inaccurate (having regard to the purposes for which they are Processed) are erased or rectified without delay.
From time to time we may ask you to confirm the accuracy of your Personal Data.
Data minimisation
Summary – Data minimisation |
We take every reasonable step to limit the volume of your Personal Data that we Process to what is necessary. |
We take every reasonable step to ensure that your Personal Data that we Process are limited to the Personal Data reasonably necessary in connection with the purposes set out in this Notice.
Data retention
Summary – Data retention |
We take every reasonable step to ensure that your Personal Data are only retained for as long as they are needed in connection with a lawful purpose. |
We take every reasonable step to ensure that your Personal Data are only Processed for the minimum period necessary for the purposes set out in this Notice. The criteria for determining the duration for which we will retain your Personal Data are as follows:
(1) we will retain Personal Data in a form that permits identification only for as long as: |
(a) we maintain an ongoing relationship with you (e.g., where you are a user of our Apps, or you are lawfully included in our mailing list and have not unsubscribed); or |
(b) your Personal Data are necessary in connection with the lawful purposes set out in this Notice, for which we have a valid legal basis (e.g., where your personal data are included in a contract between us and your employer, and we have a legitimate interest in processing those data for the purposes of operating our business and fulfilling our obligations under that contract; or where we have a legal obligation to retain your Personal Data), |
plus: |
(2) the duration of: |
(a) any applicable limitation period under applicable law (i.e., any period during which any person could bring a legal claim against us in connection with your Personal Data, or to which your Personal Data are relevant); and |
(b) an additional two (2) month period following the end of such applicable limitation period (so that, if a person brings a claim at the end of the limitation period, we are still afforded a reasonable amount of time in which to identify any Personal Data that are relevant to that claim), |
and: |
(3) in addition, if any relevant legal claims are brought, we continue to Process Personal Data for such additional periods as are necessary in connection with that claim. |
During the periods noted in paragraphs (2)(a) and (2)(b) above, we will restrict our Processing of your Personal Data to storage of, and maintaining the security of, those data, except to the extent that those data need to be reviewed in connection with any legal claim, or any obligation under applicable law.
Once the periods in paragraphs (1), (2) and (3) above, each to the extent applicable, have concluded, we will either:
- permanently delete or destroy the relevant Personal Data; or
- anonymize the relevant Personal Data.
Your legal rights
Summary – Your legal rights |
Subject to applicable law, you may have a number of rights, including: the right not to provide your Personal Data to us; the right of access to your Personal Data; the right to request rectification of inaccuracies; the right to request the erasure, or restriction of Processing, of your Personal Data; the right to object to the Processing of your Personal Data; the right to have your Personal Data transferred to another Controller; the right to withdraw consent; and the right to lodge complaints with Data Protection Authorities. In some cases it will be necessary to provide evidence of your identity before we can give effect to these rights. |
Subject to applicable law, you may have the following rights regarding the Processing of your Relevant Personal Data:
- the right not to provide your Personal Data to us (however, please note that we will be unable to provide you with the full benefit of our Sites, Apps, products, or services, if you do not provide us with your Personal Data – e.g., we might not be able to process your requests without the necessary details);
- the right to request access to, or copies of, your Relevant Personal Data, together with information regarding the nature, Processing and disclosure of those Relevant Personal Data;
- the right to request rectification of any inaccuracies in your Relevant Personal Data;
- the right to request, on legitimate grounds:
- erasure of your Relevant Personal Data; or
- restriction of Processing of your Relevant Personal Data;
- the right to have certain Relevant Personal Data transferred to another Controller, in a structured, commonly used and machine-readable format, to the extent applicable;
- where we Process your Relevant Personal Data on the basis of your consent, the right to withdraw that consent (noting that such withdrawal does not affect the lawfulness of any Processing performed prior to the date on which we receive notice of such withdrawal, and does not prevent the Processing of your Personal Data in reliance upon any other available legal bases); and
- the right to lodge complaints regarding the Processing of your Relevant Personal Data with a Data Protection Authority (in particular, the Data Protection Authority of the EU Member State in which you live, or in which you work, or in which the alleged infringement occurred, each if applicable).
Subject to applicable law, you may also have the following additional rights regarding the Processing of your Relevant Personal Data: · the right to object, on grounds relating to your particular situation, to the Processing of your Relevant Personal Data by us or on our behalf; and · the right to object to the Processing of your Relevant Personal Data by us or on our behalf for direct marketing purposes. |
This does not affect your statutory rights.
To exercise one or more of these rights, or to ask a question about these rights or any other provision of this Notice, or about our Processing of your Personal Data, please use the contact details provided in Section (R) below. Please note that:
- in some cases it will be necessary to provide evidence of your identity before we can give effect to these rights; and
- where your request requires the establishment of additional facts (e.g., a determination of whether any Processing is non-compliant with applicable law) we will investigate your request reasonably promptly, before deciding what action to take.
Cookies and similar technologies
Summary – Cookies and similar technologies |
We Process Personal Data by using Cookies and similar technologies. For more information, please see our Cookie Policy [N/A]. |
When you visit a Site or use an App we will typically place Cookies onto your device, or read Cookies already on your device, subject always to obtaining your consent, where required, in accordance with applicable law. We use Cookies to record information about your device, your browser and, in some cases, your preferences and browsing habits. We Process Personal Data through Cookies and similar technologies, in accordance with our Cookie Policy [N/A].
Terms of Use
Summary – Terms of Use |
Our Terms of Use [N/A] govern all use of our Sites, our Apps, and our services. |
All use of our Sites, Apps, products, or services is subject to our Terms of Use [N/A]. We recommend that you review our Terms of Use regularly, in order to review any changes we might make from time to time.
Direct marketing
Summary – Direct marketing |
We Process Personal Data to contact you with information regarding Sites, Apps, products, or services that may be of interest to you. You may unsubscribe for free at any time. |
We Process Personal Data to contact you via email, telephone, direct mail or other communication formats to provide you with information regarding Sites, Apps, products, or services that may be of interest to you. If we provide Sites, Apps, products, or services to you, we may send information to you regarding our Sites, Apps, products, or services, upcoming promotions and other information that may be of interest to you, using the contact details that you have provided to us, subject always to obtaining your prior opt-in consent to the extent required under applicable law.
You may unsubscribe from our promotional email list at any time by simply clicking on the unsubscribe link included in every promotional email we send. After you unsubscribe, we will not send you further promotional emails, but in some circumstances we will continue to contact you to the extent necessary for the purposes of any Sites, Apps, products, or services you have requested.
Details of Controllers
Summary – Details of Controllers |
There are several Giant entities that act as Controllers for the purposes of this Privacy Notice. |
For the purposes of this Notice, the relevant Controllers are:
Controller entity | Contact details |
●https://www.giant-bicycles.com | ●info@giant-europe.com |
●Giant RideControl E-bike App | ●JeremyLin@giant.com.cn |
●RideLife App | ●RLservice@ridelife.com.tw |
●NeosTrack App | ●RideSync@giant.com.tw |
●RideSync App | ●RideSync@giant.com.tw |
●RideLink app | ●JamieYarn@giant.com.tw |
Alternatively, you may contact us using our online Contact Us form.
Definitions
- “App” means any application made available by us (including where we make such applications available via third party stores or marketplaces, or by any other means).
- “Adequate Jurisdiction” means a jurisdiction that has been formally designated by the European Commission as providing an adequate level of protection for Personal Data.
- “Cookie” means a small file that is placed on your device when you visit a website (including our Sites). In this Notice, a reference to a “Cookie” includes analogous technologies such as web beacons and clear GIFs.
- “Controller” means the entity that decides how and why Personal Data are Processed. In many jurisdictions, the Controller has primary responsibility for complying with applicable data protection laws.
- “Data Protection Authority” means an independent public authority that is legally tasked with overseeing compliance with applicable data protection laws.
- “EEA” means the European Economic Area.
- “Personal Data” means information that is about any individual, or from which any individual is directly or indirectly identifiable, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that individual.
- “Process”, “Processing” or “Processed” means anything that is done with any Personal Data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
- “Processor” means any person or entity that Processes Personal Data on behalf of the Controller (other than employees of the Controller).
- “Profiling” means any form of automated Processing of Personal Data consisting of the use of Personal Data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
- “Relevant Personal Data” means Personal Data in respect of which we are the Controller.
- “Sensitive Personal Data” means Personal Data about race or ethnicity, political opinions, religious or philosophical beliefs, trade union membership, physical or mental health, sexual life, any actual or alleged criminal offences or penalties, national identification number, or any other information that are deemed to be sensitive under applicable law.
- “Standard Contractual Clauses” means template transfer clauses adopted by the European Commission or adopted by a Data Protection Authority and approved by the European Commission.
- “Site” means any website operated, or maintained, by us or on our behalf.
Your order contains one or more products that are currently not in our warehouse but are expected to arrive around the expected date that is displayed in your shopping cart. Please note that once the products have arrived we need more time to get the products ready for shipment. This can take a couple of days. Of course we'll work as hard as we can to get your order fulfilled as soon as possible!
Your order status can be followed from the dashboard that is on your personal accountpage, so please make sure you use or create an account when ordering.
Orders are shipped once all items in your order are available. If you order products with different expected stock dates than your order will be shipped once all ordered items are available and ready to go. We do not do partial shipments.