TERMS & CONDITIONS
The following Terms & Conditions apply to Retail Consumers using our website to place an order or set up an account.
Different Terms & Conditions apply to Trade (Business to Business) Customers, which are available as a .pdf file at the end of this document.
1. THESE TERMS
What these terms cover. These are the terms and conditions on which we supply goods and services to you. If you think that there is a mistake in these terms, please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
Who we are. We are Scootertech Limited a company registered in England and Wales. Our company registration number is 04846111 and our registered office is at 6 Ailwin Road, Bury St Edmunds, Suffolk IP32 7DS. Our registered VAT number is GB807024068.
How to contact us. You can contact us by telephoning us on 01284 754000 or by writing to us at 6 Ailwin Road, Bury St Edmunds, Suffolk, IP32 7DS or by email to email@example.com.
“Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
How we will accept your order. We will accept your order either verbally or in writing, at which point a contract will come into existence between you and us.
4. OUR PRODUCTS
Definition of products. These terms refer to the goods and services which we provide (together “products”).
Products may vary slightly from their pictures or descriptions. We cannot guarantee that the website display accurately reflects the products.
Please note that the Trydan luxury electric vehicle is not a mobility scooter and the primary use is on private land (with permission) only. It is possible to insure the vehicle and also to register it with DVLA but it must not be used on public land or a highway (without authorities and landowner permission in writing).
5. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the product you have ordered please contact us and we will let you know if the change is possible.
6. PROVIDING THE PRODUCTS
DelIvery costs. We do not charge for delivery of mobility scooters. The costs of delivery for spare parts and all other goods will be notified to you when you place your order with us.
When we will provide the products. We will use reasonable efforts to deliver the goods to you on the date agreed and in any event within 30 days after the day on which we accept your order. If we are carrying out repair works or providing other services for you we will use reasonable efforts to carry out the services in the timescales agreed.
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.
Collection by you. If you have asked to collect the goods from our premises we will notify you once the goods are available for collection.
Delivery for repairs. If we are carrying out repair services for you on our premises then you must arrange for the item to be delivered to us at a time agreed by us. We will notifiy you once the repair services are complete to arrange for a time for you to collect the item.
Repairs at your home. If you would like us to carry out repairs services for you on your premises, we must agree a date and time for us to have access to your property.
Your obligations when we are in your home. If we are carrying out repair services on your premises, you are responsible for ensuring:
a) there is legal and adequate parking for us;
b) we can gain clear and safe access to your property to work on the product;
c) that any persons (including children) and pets on your premises are kept a safe distance from the area in which we are carrying out the repairs; and
d) that your property and surrounding area are safe, suitable, clean and dry for us to carry out the repairs.
Reasons we may suspend performance of our services in your home. We reserve the right to suspend the provision of services in your home, ask you to bring your product onto our premises for repairs, or charge a reasonable call out fee in the following circumstances:
a) we have arraived at your premises at the agreed time and date but were unable to access the premises for any reason other than fault of our own;
b) legal and adequate parking is not provided or available at your home;
c) you are unable to ensure persons (including children) and/or pets on your premises remain at a safe distance from the area in which we are carrying out the repairs;
d) we are unable to obtain clear and safe access to the property or the product; or
e) we believe that our health and safety cannot be guaranteed.
When you become responsible for the goods. The goods will be your responsibility from the time we deliver the goods to the address you gave us or you collect it from us.
When you own goods. You own the 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 goods to:
(a) deal with technical problems or make minor technical changes;
(b) update the goods to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the goods as requested by you (see clause 5).
We may also suspend supply of the products if you do not pay.
In addition to your statutory rights under the Consumer Rights Act 2015 we provide a warranty that on delivery and for a period of 12 months from delivery the goods we provide shall be free from any material faults or defects. 2nd Year (extended) Vehicle Warranties are valid only upon an annual service (for which there is a charge) being conducted by the Supplier, or their appointed representative within 1 year and 30 days of end-user purchase date.
The warranty in this clause 7.1 does not apply to any defect in the goods arising from:
(a) fair wear and tear;
(b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
(c) if you fail to use the goods in accordance with any user instructions;
(d) any alteration or repair by you or by a third party on your behalf; or
(e) any specification provided by you.
If the goods we supply to you are faulty, you must notify us of the defect within 7 days of the date of delivery, or (if later) as soon as reasonably possible after you become aware of the fault, and return the rejected goods to us in accordance with the provisions of clause 11.
Subject to you complying with clause 7.3, we shall, at our option, repair or replace the defective goods, or refund the price of the defective goods in full.
Nothing in this clause 7 will affect your legal rights in respect of goods or services which are faulty or not as described.
8. YOUR RIGHTS TO END THE CONTRACT
Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to;
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 days; or
(e) you have a legal right to end the contract because of something we have done wrong.
Exercising your right to change your mind.
(a) Have you bought services (e.g. repairs to your mobility scooter) from us by telephone, online, via email or in your home? If so, you have 14 days after the day we confirm to you that we accept your order to change your mind and receive a refund. However, once we have completed the services you cannot change your mind, even if the cancellation period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
(b) Have you bought goods (for example, a mobility scooter) from us by telephone, online, via email or in your home? If so, you have 14 days after the day you (or someone you nominate) receives the goods to change your mind and receive a refund.
9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Phone. Call us on 01284 754000. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) Email. Email us at firstname.lastname@example.org.
(c) By Post. Write to us at 6 Ailwin Road, Bury St Edmunds, Suffolk, IP32 7DS.
(d) Cancellation Form. Fill out the cancellation form (which can be found in the schedule at the end of these terms and conditions) and return it to us by post or email to the addresses above.
Returning goods after ending the contract. If you end the contract for any reason after goods have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them or, for goods that have been delivered to you by courier, you must pay the full cost of postage to return them to us. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or misdescribed; or
(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
Deductions from refunds. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
(c) Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
(a) If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the goods back to us.
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
10. OUR RIGHTS TO END THE CONTRACT
We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, the delivery address; or
(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
11. IF THERE IS A PROBLEM WITH THE PRODUCT
How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone us on 01284 754000 or write to us at 6 Ailwin Road, Bury St Edmunds, Suffolk, IP32 7DS.
Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you by any means we see fit. We will pay the costs of postage or collection. Please call us on 01284 754000, write to us at 6 Ailwin Road, Bury St Edmunds, Suffolk, IP32 7DS or email us at to arrange collection.
12. PRICE AND PAYMENT
Where to find the price for the product. The price of the product (which is exclusive of VAT) will be the price quoted to you.
VAT. Most of our products are subject to VAT at zero rate (subject to VAT Exemption) and delivery is charged at the standard rate of 20.0%. If you do not qualify for VAT Exemption you will be charged at the standard rate for all products. You must ensure that you are eligible for VAT Exemption. We reserve our right to charge the VAT element should it become necessary by law if at any date after the transaction or it is deemed that VAT Exemption was incorrect or false. We may ask you to complete and sign a declaration of VAT Exemption eligibility.
When you must pay and how you must pay. We accept payment with debit/ credit card, cheque, postal order, or by bank transfer. When you must pay depends on what product you are buying:
(a) For goods, you must pay for them before we dispatch them. Goods will only be sent once payment has cleared.
(b) For services, we will invoice you for the balance of the price of the services when we have completed them. You must pay each invoice within 30 calendar days after the date of the invoice.
13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill.
When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
We are not liable for business losses. You are purchasing the products as a consumer. If you use the products for any commercial or business purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14. HOW WE MAY USE YOUR PERSONAL INFORMATION
How we will use your personal information. We will use the personal information you provide to us:
(a) to supply the products to you;
(b) to process your payment for the products; and
(c) if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these at any time by contacting us.
We will only give your personal information to third parties where the law either requires or allows us to do so.
15. OTHER IMPORTANT INFORMATION
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 (except that you can transfer our warranty). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, you may transfer our warranty at clause 7 to a person who has acquired the goods. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property. Please note that we do not permit the sale or resale of our products outside of the UK and European Union and the warranty does not apply to products outside of the UK.
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 15.2 in respect of our guarantee.
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 English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
You may contact us to request a cancellation or return in writing using the details in Section 2 Information About Us and How to Contact Us” section of our Terms & Conditions. Alternatively, you may wish to request a cancellation by using the template given below, ensuring you complete the highlighted parts and delete any selections which are not applicable. As part of our ongoing quality and performance reviews, a reason for cancellation will enable us to continue to offer the best products & service.
To: Scootertech Limited, 6 Alwin Road, Bury St Edmunds, Suffolk, IP32 7DS
I: (state full name)__________________________________________________
give notice that I request to cancel my order for the following [goods][services]*: * Delete as applicable.
Ordered on/received on: _________________________
Full Name: _______________________________________________
___________________________________________ Post Code: ____________
Once you have completed this form, please send it by post to:
Scootertech Limited, 6 Ailwin Road, Bury St Edmunds, Suffolk, IP32 7DS.
You will also need to return your goods to enable us to process your refund.