Terms of Service
- THESE TERMS
- What these terms cover. These are the terms and conditions on which we supply products to you.
- Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
- INFORMATION ABOUT US AND HOW TO CONTACT US
- Who we are. We are Scootera Limited, a company registered in England and Wales. Our company registration number is 11468078 and our registered office is at Unit 12a, Wow Acton, Wendover Court, Western Avenue, London, United Kingdom, W3 0TG.
- How to contact us. You can contact us by telephoning our customer service team by writing to us at firstname.lastname@example.org
- How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order. When we use the words “writing” or “written” in these terms, this includes emails.
- OUR CONTRACT WITH YOU
- How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
- If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
- Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
- OUR PRODUCTS
- OUR PRODUCTS ARE NOT REGULATED VEHICLES AND WE DO NOT GUARANTEE THEY ARE PERMITTED ON PUBLIC ROADS. PLEASE CALL THE DVLA DIRECTLY TO ASK ABOUT RIDING OUR PRODUCTS ON PUBLIC ROADS. ANY USE ON PUBLIC ROADS SHALL BE ENTIRELY AT YOUR OWN RISK.
- Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
- Limit on quantities. We reserve the right to limit the quantities of any products or services that we offer to any person, geographic region or jurisdiction.
- Products available exclusively online. Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only if there is a material defect in the product.
- No warranty on expectation and errors. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors will be corrected.
- YOUR RIGHTS TO MAKE CHANGES
Contact us to change the product. If you wish to make a change to the product you have ordered, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may end the contract.
- OUR RIGHTS TO MAKE CHANGES
- Minor changes to the products. We may change the product:
- to reflect changes in relevant laws and regulatory requirements; and
- to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.
- More significant changes to the products and these terms. In addition, as we informed you in the description of the product on our website, we may make the following changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received. We reserve the right to discontinue any product.
- PROVIDING THE PRODUCTS
- Delivery costs. The costs of delivery will be as displayed to you on our website. Unless otherwise stated, our default delivery charges are FREE to the UK and Europe for scooters only and UPS calculated cost applied at the checkout for spare parts and accessories.
- When we will provide the products. During the order process we will let you know when we will provide the products to you. We will deliver them to you as soon as reasonably possible and in any event within thirty (30) days after the day on which we accept your order. Our standard delivery times are five (5) to seven (7) weeks following the acceptance of your order.
- We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
- If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
- If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and Clause 9 (Our Right to End the Contract) will apply.
- When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us.
- When you own goods. You own a product which is goods once we have received payment in full.
- Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the product as requested by you or notified by us to you.
- Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we suspend sale of the product, we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 30 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
- We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to and you still do not make payment within seven (7) days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice. We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments.
- YOUR RIGHT TO END THE CONTRACT AND TO RETURN PRODUCT
- OUR RIGHT TO END THE CONTRACT
Ending the contract at our discretion. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate the contract at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
- PRICE AND PAYMENT
- Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see Clause 10.3 for what happens if we discover an error in the price of the product you order.
- We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
- What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
- When you must pay and how you must pay. We accept payment with debit or credit card. You must pay for the products before we dispatch them.
- What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
- INDEMNITY AND LIABILITY
- Liabilities that cannot be excluded by law. Nothing in these terms shall limit or exclude the liability or remedy of either party or any other person:
- for death or personal injury caused by its negligence, or that of its employees, agents or subcontractors;
- for fraud or fraudulent misrepresentation;
- for any act, omission or matter, liability for which may not be excluded or limited under any applicable law;
- for negligent breach by us of confidentiality and data privacy rights; or
- for the wilful abandonment of this terms by us.
- Excluded liability. We shall not be liable to you for any indirect, special or consequential loss or damage, including:
- loss of profit;
- loss of goodwill;
- loss of savings; or
- loss of contract.
- Excluded warranties. We exclude, but only as far as legally possible, all terms and warranties or promises implied by law or by statute. We offer a limited on site one (1) year warranty to customers in the UK and EU customer. On Site Warranty means the product must be returned to Scootera for examination before any free replacement parts will be offered and the cost for return will be covered by the customer. Any modifications made to the product either mechanical and/or electrical will void the warranty. The warranty isn't passed on when you resell the product or transfer ownership to someone else. This includes giving it to a member of your family. The customer must be the original owner to be eligible for warranty.
- Limit to liability. Subject to clauses 1 and 11.3, our total aggregate liability to you in contract, tort (including negligence), breach of statutory duty or otherwise under or in connection with these terms or its subject matter shall not exceed a sum equal to the fees paid or payable to us under the contract relating to the breach.
- HOW WE MAY USE YOUR PERSONAL INFORMATION
- OTHER IMPORTANT TERMS
- We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
- You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
- Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 13.2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
- If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, but we continue to provide the products, we can still require you to make the payment at a later date.
- Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by the law of England and the courts of England shall have exclusive jurisdiction.