Terms and conditions

These terms and conditions are the contract between you and GT Electric Scooters Limited, company number 12658974 (‘we’, ‘our’, or ‘us’).

Our registered office is at 22 Wenlock Rd, Hoxton, London N1 7GU.

The following terms apply to you as a customer or prospective customer and so far as the context allows, to you as a visitor to our Website. They prevail over any terms proposed by you.

Please read these terms carefully before you make an order. They 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.

1. Definitions

In this agreement:

‘Carrier’ means any person or business contracted by us to carry Products from us to you.

‘Content’ means any content in any form published on our Website by us or any third party with our consent.

‘Post’ means, as the contact requires, display, publish, distribute, transmit and disclose information or Content on or through our Website. The phrases ‘Posted’ and ‘Posting’ shall be interpreted accordingly.

‘Products’ means any of the products we offer for sale on our Website, or, if the context requires, products we sell to you.

‘our Website’ means any website or webpages that we control, including those on social media websites.

2. Interpretation

In this agreement unless the context otherwise requires:

2.1.    A reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation or other organisation.

2.2.   Any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.

2.3.   Any obligation of any person arising from this agreement may be performed by any other person.

2.4.   In this agreement references to a party include references to a person to whom those rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that party.

2.5.   The headings of the paragraphs to this agreement do not affect the interpretation.

2.6.   A reference to an act or regulation includes new law of substantially the same intent as that act or regulation.

3. Our contract with you

3.1.   This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.

3.2.   Each party acknowledges that, in entering into this agreement, they do not rely on any representation, warranty, information or document or other term not forming part of this agreement.

3.3.   When we use the words ‘in writing’ or ‘written’ in these terms, we include messages sent electronically.

3.4.   If you use our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.

3.5.   We do not guarantee that Products advertised on our Website are available at the time you make an order.

3.6.   We may change these terms from time to time. The terms that apply to you are those that are displayed on our Website on the day you make an order.

3.7.   We may change the price of our Products at any time. We will never change a price so as to affect the price charged to you at the time when you buy those Products.

3.8.   If you buy Products from us under any arrangement that does not involve your payment via our Website then these terms still apply so far as they can be applied.

3.9.   Although we sell internationally, we may refuse to deliver Products to certain countries without giving reason.

4. Description of the Products

4.1.   The images of the products on our Website are for illustrative purposes only. Although we have made every effort to depict the Products accurately, we cannot guarantee that the colours or designs shown to you in an image accurately reflect the actual Products.

4.2.   Product packaging may vary. The packaging of the product may vary from that shown in the images on our website.

5. Acceptance of your order

5.1.   Your order is an offer to buy from us. The contract between us is made when we accept your order in writing. Our message will confirm the details of your purchase and tell you when we shall despatch the Products.

5.2.   If we are unable to accept your order, we will inform in writing, will cancel your order and will not charge you for the Products.

 

6. Price and payment

6.1.   The price payable for the Products that you order is clearly set out on our Website.

6.2.   Prices include UK value added tax (‘VAT’). If you show by your delivery address that you reside outside the United Kingdom, VAT will be deducted at the payment point.

6.3.   If, by mistake, we have under-priced Products, we will not be liable to supply that those Products to you at the stated price, provided that we notify you before we dispatch it to you.

6.4.   The price of the Products does not include any delivery charge. If a delivery charge is payable then it will be displayed on a summary of your order before you are asked to pay.

6.5.   Orders made on our Website can be paid for using PayPal or credit or debit cards. We also accept bank transfer. If you wish to pay using this method please contact us prior to purchase.

6.6.   Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than the one in which the order is made will be borne by you.

7. Cancellation and refunds

We feel it is important that our customers have the opportunity to inspect their purchases in the same way as visiting a shop. We understand if you later want to change your mind after buying from us.

Provided the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the ‘Consumer Contracts Regulations’) apply to the transaction concerned, then the following terms apply to the contract:

7.1.   If you have ordered Products, but not received them, you may cancel your order without giving a reason, at any time within 90 days of your order. You will have no obligation and we will return your money.

7.2.   If you have ordered Products and received them, you may cancel your order at any time within 90 days of the date you received them. You must tell us that you wish to cancel. You must also send the Products back to us within that same 90 day period.

7.3.   We will return your money provided that:

         7.3.1.   we receive the Products in a condition in which we can re-sell them at full price in a new condition and with labels; and

         7.3.2.   you comply with our procedure for returns and refunds.

7.4.   We recommend that you keep the original box in which the products were delivered and all Product packaging for at least 90 days. If you no longer have the box in which the Product was delivered, depending on your location we may offer a chargeable collection service.

7.5.   You are responsible for the cost of returning the Products. We have no obligation to refund to you your cost of packing and returning them.

7.6.   In any of the above scenarios, we will refund your money within 14 days.

7.7.   If a Product is returned to us in a used or damaged state (as a result of your use), then we not return the Product to you unless you pay delivery charges.

7.8.   We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Product as a result of your handling or using it in a way that has caused wear and tear, for example, if it is obvious that you have ridden a scooter outside, or have marked, scratched or dented it.

7.9.   The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer free delivery of a Product as standard but you choose to have the Product delivered faster at a higher cost, then we shall not refund you for delivery because as standard, it was provided at no cost to you.

8. Liability for defects

8.1.   All our scooters come with a 90 day guarantee relating to faulty parts. Batteries are covered for a 6 month period.

8.2.   We provide a ‘Quality Control Inspection Check’ certificate signed by our engineers, which certifies that we have inspected, tested, and serviced your Product before dispatch. Faults are therefore rare.

8.3.   Repair of parts that are damaged as a result of wear and tear from your use are not covered by this agreement.

8.4.   We may replace parts under our guarantee free of charge at our workshop.

8.5.   The timeframe in which we may repair your scooter is subject to availability of our engineers. We aim to do so as quickly as possible.

8.6.   Please examine the Products as soon as you receive them. If you do not tell us of any defect or problem within 90 days of receipt of the Products, we shall assume that you have accepted them.

8.7.   Products must be returned to us as soon as any defect is discovered but not later than six months from receipt by you.

8.8.   Before you return the Products to us, please carefully re-read the instructions and check that you are operating it correctly.

8.9.   We will return your money subject to the following conditions:

         8.9.1   We receive the Products with labels and packaging intact.

         8.9.2   You tell us clearly about the fault, when it first became apparent, and other information to enable us to identify or reproduce it.

8.10.  If any defect is found, then we shall:

          8.10.1.   repair or replace the Products; or

          8.10.2.  refund the full cost you have paid including the cost of returning the Products.

9. Delivery

9.1.   Products are usually despatched within 2 working days. We will notify you when your order has been despatched and provide an estimated delivery date.

9.2.   Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept the delivery.

9.3.   Our Carriers have a high success rate in delivering products on time, however, occasionally due to no fault of our own, delivery can be delayed. The delivery dates given are only estimates and may be subject to delay. We do not accept any liability for any loss due to delayed delivery.

9.4.   If we are not able to deliver your Products within 30 days of the date of your order, we shall notify you by email to arrange another date for delivery.

9.5.   We may deliver the Products in instalments if they are not all available at the same time for delivery.

9.6.   If we do not have a Product in stock in our warehouse, we may ask our supplier to deliver it directly to you. If, as a result, we expect the delivery date to be delayed slightly, we will inform you before we accept your order.

9.7.   All Products must be signed for on delivery by an adult aged 18 years or over. If no one of that age is at the address when the delivery is attempted the Products may be retained by the Carrier. When your Products arrive, it is important that you check immediately the condition and quantity. If your Products have been damaged in transit, you must refuse the delivery and immediately contact us so that we may dispatch a replacement quickly and minimise your inconvenience.

9.8.   If we agree with you to deliver on a particular day or at a particular time, we will do our best to comply. But no time given is to be treated as contractual. So we are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.

9.9.   Time for delivery specified on the order, if any, is an estimate only and time shall not be of the essence.

10. Foreign import taxes and duties

10.1.  If you are not in the UK, we have no knowledge of, and no responsibility for, the laws relating to imports in your country.

10.2.  You are responsible for purchasing Products which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.

11. Waste Electronic and Electrical Equipment Regulations 2013

11.1.  These regulations provide that suppliers of equipment like high street shops and Internet retailers must allow Consumers to return their waste equipment free of charge.

11.2.  Our obligation is to take back from you any electronic or electrical product when you buy a replacement product for similar use. 

11.3.  If you wish to take advantage of this service, you must return your waste item within 28 days of buying your new one. You must pay the carriage cost to us.

12. Servicing and repairs

12.1.  If you have issues maintaining your scooter, or if you would like us to service it, please ask us.

12.2.  In addition to being able to carry out the work ourselves, we may be able to send you video instructions for maintenance.

12.3.  If you would like us to service or repair (‘Service’) your scooter then:

             12.3.1.  You should contact us first. We’ll ask you to explain the issue and send us images or videos. We may be able to help you carry out the work yourself.

             12.3.2.  We will arrange with you for the scooter to be delivered to us or for a Carrier to collect it. The cost of delivery to us will be borne by you.

             12.3.3.  When we receive your scooter, we will diagnose what work needs to be done and inform you of the price for the Service, the price for the return delivery of the scooter to you and estimated work completion date for the Service.

             12.3.4.  If you agree for us to carry out the work, then your acceptance is an instruction to us to begin the Service immediately.

             12.3.5  Parts may take several weeks to arrive if they need to be ordered from a manufacturer. We shall inform you of the expected work completion date if it changes after you have accepted our offer to carry out the Service.

13. Disclaimers and our liability to you

13.1.  All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.

13.2.  We are responsible to you only for direct foreseeable loss and damage caused by us failing to use reasonable care and skill. A foreseeable loss is one that can be identified at the time our contract is made with you.

13.3.  We shall not be liable to you for any loss or expense which is an indirect or consequential loss even if such loss was reasonably foreseeable or we knew you might incur it.

13.4.  We make no representation or warranty for:

             13.4.1.  any implied warranty or condition as to the suitability of a Product for a particular purpose; or

             13.4.2.  the adequacy or appropriateness of the Products for your purpose.

13.5.  Unless a Product is described by us as ‘road legal’, it should be used for recreational purposes only on private land. It should not be used on footpaths, cycle lanes, roads or public highways.

13.6.  Our contract with you is as a consumer, and not as a business. We disclaim all liability to you for any loss of turnover, profit, loss of business, business interruption, or loss of business opportunity or goodwill as a result of buying from us or using our Products.

13.7.  You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us for the Product concerned.

13.8.  This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this provision under the Contracts (Rights of Third Parties) Act 1999, as well as to us.

13.9.  If you become aware of any breach of any term of this agreement by any person, please tell us.

13.10. Nothing in this agreement excludes liability for a party’s fraud.

13.11. Vehicles of all types, including scooters, pose risk of harm and potentially death. You agree to use a helmet and other suitable protective safety equipment at all times in conjunction with a Product.

13.12. You accept that it is your responsibility to ensure that a Product is operated by all country and local laws.

13.13. You agree to assume all liability and risk associated with the use of a Product and that you hold us free from any liability caused by its use.

14. Indemnity

14.1.   In any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party.

14.2.   You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:

           14.2.1.  your failure to comply with the law of any country

           14.2.2.  your breach of this agreement

           14.2.3.  any act, neglect or default by any agent of yours

           14.2.4.  a contractual claim arising from your use of the Products

           14.2.5.  a breach of the intellectual property rights of any person

15. Protection of our Intellectual Property

15.1.   Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.

15.2.   You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.

15.3.   You agree that you will not, and will not allow any other person to:

              15.3.1.  cause damage or unintended effect to any portion of our Website

              15.3.2.  collect or use any Product listings, descriptions, or prices

              15.3.3.  collect or use any information obtained from or about our Website or the Content except as intended by this agreement

              15.3.4.  aggregate, copy or duplicate in any manner any of the Content or information available from our Website, other than as permitted by this agreement or as is reasonably necessary for your use of our Website

              15.3.5.  share with a third party any login credentials to our Website

15.4.   You may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it.

16. Dispute resolution

In this paragraph the term ‘ADR Provider’ means an approved body under the Alternative Dispute Resolution for Consumer Dispute Regulations 2015.

The following terms apply in the event of a dispute between the parties:

16.1.   If you are not happy with our services or have any complaint then you must tell us.

16.2.   If a dispute is not settled within a reasonable time after bringing your complaint to our attention, we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration.

17. Miscellaneous matters

17.1.   When we communicate with you we may do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.

17.2.   Where we provide Products or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Products for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service.

17.3.   If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

17.4.   The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.

17.5.   No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.

17.6.   Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail. It shall be deemed to have been delivered on the day of delivery, if delivered by hand; or within 72 hours of posting if sent by recorded post to the correct address.

17.7.   This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

17.8.   Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond their reasonable control.

17.9.   The validity, construction and performance of this agreement shall be governed by the laws of England and Wales and you agree that any dispute arising from it shall be litigated only in England or Wales.

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