PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER
AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE
1. Format of the Contract
1.1 These terms of sale apply to all goods supplied by Scooterbargains
(UK) Limited, whose registered office is at 20 Nelson Road, St. John's
Worcester, WR2 5BN registered in England and Wales No. 05480803 (the "Supplier").
1.2 No contract exists between you and the Supplier for the sale of any
goods until the Supplier has received and accepted your order.
1.3 An acceptance of your offer to buy the goods will be sent shortly
after your order. However, we do have the right to terminate the contract
in the event that the goods are unavailable, mis-priced or cleared funds
are not received.
1.4 The contract is subject to your right of cancellation (see below).
1.5 The Supplier may change these terms of sale without notice to you
in relation to future sales.
2. Description and price of the goods
2.1 The description and price of the goods you order will be as shown
on the Supplier´s website at the time you place your order.
2.2 The goods are subject to availability. If on receipt of your order
the goods you have ordered are not available in stock we will not accept
your order. If after acceptance or job order the Supplier discovers within
[14 days] of our acceptance of your order that the goods are unavailable
we may terminate the contract and refund or re-credit you for any sum
that has been paid by you or debited from your credit card for the goods.
2.3 Every effort is made to ensure that prices shown on the Supplier´s
website are accurate at the time you place your order. If an error is
found within 14 days of accepting your order, the Supplier will inform
you as soon as possible and offer you the option of reconfirming your
order at the correct price, or cancelling your order. If the Supplier
does not receive an order confirmation within 14 days of informing you
of the error, the order will be cancelled automatically. If you cancel
the order, or if the order is cancelled automatically due to the expiry
of the 14 day period, the Supplier will refund or re-credit you for any
sum that has been paid by you or debited from your credit card for the
goods.
2.4 In addition to the price, you may be required to pay a delivery charge
for the goods.
3. Payment
3.1 Payment for the goods and delivery charges can be made by any method
shown on the Supplier´s website at the time you place your order.
Payment shall be due before the delivery date and time for payment shall
be a fundamental term of this agreement, breach of which shall entitle
the Supplier to terminate the contract immediately.
3.2 There will be no delivery until cleared funds are received.
3.3 Payments shall be made by you without any deduction whatsoever unless
you have a valid court order requiring an amount equal to such deduction
to be paid by the Supplier to you.
4. Delivery
4.1 The goods you order will be delivered to the address you give when
you place your order, except that some deliveries are not made outside
the United Kingdom.
4.2 Orders placed before 4.00 pm on a working day will be processed that
day and will be delivered as per the requested delivery option provided
no additional security checks are required and all stock items are available.
(A working day is any day other than weekends and bank or other public
holidays.)
4.3 If delivery cannot be made to your address for reasons under the Supplier´s
control the Supplier will inform you as soon as possible.
4.4 If you deliberately fail to take delivery of the goods (otherwise
than by reason of circumstances under control of the Supplier) then without
prejudice to any other right or remedy available to the Supplier , the
Supplier may:
4.4.1 store the goods until actual delivery and charge you for reasonable
costs (including insurance) of storage; or
4.4.2 sell the goods at the best readily obtainable price and (after deducting
all reasonable storage and selling expenses) account to you for any excess
over the price you agreed to pay for the goods or charge you for any shortfall
below the price you agreed to pay for the goods.
4.5 If you fail to take delivery because you have cancelled your contract
under the Distance Selling Regulations the Supplier shall refund or re-credit
you within 30 days for any sum that has been paid by you or debited from
your credit card for the goods. On exercising your right to cancel you
shall be required to return the goods to the Supplier. Should you fail
to return the goods, the Supplier reserves the right to deduct any direct
costs incurred by the Supplier in retrieving the goods as a result of
such failure.
4.6 Every effort will be made to deliver the goods as soon as possible
after your order has been accepted. However, the Supplier will not be
liable for any loss or damage suffered by you through reasonable or unavoidable
delay in delivery. In this case, the Supplier will inform you as soon
as possible.
4.7 Upon receipt of your order you will be asked to sign for the goods
received in good condition. If the package does not appear to be in good
condition then please refuse the delivery. If you are unable to check
the contents of your delivery at the point of delivery then please sign
for the parcel as "UNCHECKED". Failure to do so may affect any
warranty claims that you make thereafter.
5 Risk/Title
5.1 The goods are at your risk from the time of delivery.
5.2 Ownership of the goods shall not pass to you until the Supplier has
received in full (in cash or cleared funds) all sums due to it in respect
of:
5.2.1 the goods, and
5.2.2 all other sums which are or which become due to the Supplier from
you on any account.
5.3 The Supplier shall be entitled to recover payment for the goods even
though ownership of any of the goods has not passed from the Supplier.
6. Title for Business Customers
6.1 If you are a business customer until ownership of the goods has passed
to you, you must:
6.1.1 store the goods (at no cost to the Supplier) separately from all
your other goods and goods of any third party in such a way that they
remain readily identifiable as the Supplier´s property;
6.1.2 not destroy, deface or obscure any identifying mark or packaging
on or relating to the goods; maintain the goods in satisfactory condition
and keep them insured on the Supplier´s behalf for their full price
against all risks to the reasonable satisfaction of the Supplier. On request
you shall produce the policy of insurance to the Supplier; and
6.1.3 hold the proceeds of the insurance referred to in condition 6.1.2
on trust for the Supplier and not mix them with any other money, nor pay
the proceeds into an overdrawn bank account.
6.2 If you are a business customer your right to possession of the goods
shall terminate immediately if:
6.2.1 you have a bankruptcy order made against you or make an arrangement
or composition with your creditors, or otherwise take the benefit of any
statutory provision for the time being in force for the relief of insolvent
debtors, or (being a body corporate) convene a meeting of creditors (whether
formal or informal), or enter into liquidation (whether voluntary or compulsory)
except a solvent voluntary liquidation for the purpose only of reconstruction
or amalgamation, or have a receiver and/or manager, administrator or administrative
receiver appointed of its undertaking or any part thereof, or a resolution
is passed or a petition presented to any court for your winding up or
for the grant-ing of an administration order in respect of you, or any
proceedings are commenced relating to your insolvency or possible insolvency;
or
6.2.2 you suffer or allow any execution, whether legal or equitable, to
be levied on your property or obtained against you or you are unable to
pay your debts within the meaning of section 123 of the Insolvency Act
1986 or you cease to trade; or
6.2.3 you encumber or in any way charge any of the goods.
7. Your right of cancellation
7.1 You have the right to cancel the contract at any time up to 10 days
after you receive the goods (see below). Please note that this policy
has some limitations and does not apply to business customers.
7.2 To exercise your right of cancellation, you must give written notice
to the Supplier by hand or by post, giving details of the goods ordered
and (where appropriate) their delivery. Notification by phone is not sufficient.
7.3 Except in the case of faulty or misdescribed goods, if you exercise
your right of cancellation after the goods have been delivered to you,
you will be responsible for returning the goods to the Supplier at your
own cost. The goods must be returned to the address shown within the Returns
on Line section of the website. You must take reasonable care to ensure
the goods are not damaged in the meantime or in transit. In the case of
faulty or misdescribed goods we shall, after receiving notification in
accordance with clause 8.3 or 8.4, either collect the goods from you or
ask you to return the goods yourself and possibly refund you the reasonable
postage costs.
7.4 Once you have notified the Supplier that you are cancelling the contract,
the Supplier will refund or re-credit you within 30 days for any sum that
has been paid by you or debited from your credit card for the goods.
7.5 Except in the case of faulty or misdescribed goods, if you do not
return the goods as required, the Supplier may charge you a sum not exceeding
the direct costs of recovering the goods.
7.6 You do not have the right to cancel the contract if the order is for
computer software which has been unsealed by you, or for consumable goods
which, by their nature, cannot be returned, save where a fault is discovered
which could not have been discovered otherwise than by unsealing the goods.
8. Warranty
8.1 All goods supplied by the Supplier are warranted free from defects
for 12 months from the date of supply (unless otherwise stated). This
warranty does not affect your statutory rights as a consumer.
8.2 This warranty does not apply to any defect in the goods arising from
fair wear and tear, wilful damage, accident, negligence by you or any
third party, use otherwise than as recommended by the Supplier, failure
to follow the Supplier´s instructions, or any alteration or repair
carried out without the Supplier´s approval.
8.3 If the goods supplied to you are damaged on delivery, you should notify
the Supplier in writing via the enotes section of the website within 7
working days. (Please note that this is 48hrs for our business customers)
8.4 If the goods supplied to you develop a defect while under warranty
or you have any other complaint about the goods, you should notify the
Supplier in writing via the enotes section of the website, as soon as
possible, but in any event within 14 days of the date you discovered or
ought to have discovered the damage, defect or complaint.
9. Limitation of Liability
9.1 Subject to 9.2 below, if you are a consumer the Supplier shall not
be liable to you for any loss or damage in circumstances where:
9.1.1 there is no breach of a legal duty owed to you by the Supplier or
by its employees or agents;
9.1.2 such loss or damage is not a reasonably foreseeable result of any
such breach;
9.1.3 any increase in loss or damage resulting from breach by you of any
term of this contract.
9.2 Nothing in these conditions excludes or limits the liability of the
Supplier for death or personal injury caused by the Supplier´s negligence
or fraudulent misrepresentation.
9.3 If you are a business customer the Supplier shall not be liable to
you for any indirect or consequential loss or damage (whether for loss
of profit, loss of business, depletion of goodwill or otherwise), costs,
expenses or other claims for consequential compensation whatsoever (howsoever
caused) which arise out of or in connection with this agreement.
10. Data Protection
The Supplier will take all reasonable precautions to keep the details
of your order and payment secure but unless the Supplier is negligent,
the Supplier will not be liable for unauthorised access to information
supplied by you.
11. Images
Product images are for illustrative purposes only and may differ from
the actual product.
These terms of sale and the supply of the goods will be
subject to English law and the English courts will have jurisdiction in
respect of any dispute arising from the contract, save that consumers
resident in Scotland shall have the right to insist upon these terms being
construed in accordance with the laws of Scotland and to submit to the
jurisdiction of Scottish courts. |