By using our website and/or placing an order for goods you confirm your agreement to our terms and conditions.The buyer's attention is in particular drawn to the provisions of Clauses 12.4 and 12.5
In this Agreement, the following words shall have the following meanings:
'Buyer', 'You', 'Your' means any person accessing the Website or placing an order through the Website or over the Telephone.
'Delivery Date' means date specified by us when we confirm your order.
'Goods' means as set out and accepted on the order form.
'Price' means as specified on the Website at the time of ordering.
'Seller', 'We', 'Our', 'Us' means Direct Bikes Limited, 5 Elstree Gate, Elstree Way, Borehamwood, Hertfordshire WD6 1JD. Registered in England & Wales. Company Registration Number: 943 9704 92
'Website' means any website owned or used by us in relation to our business.
'Business Day' means Monday – Friday (inclusive), but excluding public holidays in England and Wales
|2||2.1. The Buyer agrees to buy, and the Seller agrees to sell, the Goods at the Price for delivery by the Delivery Date
2.2. The quantity and description of the Goods are set out on the order form
2.3. All orders for goods shall be deemed to be an offer by you to purchase goods pursuant to these terms and conditions
2.4. You must be eighteen years old or over to use the Website or order Goods through the Website. If you are under eighteen, you may only use the Website or order Goods through the Website in conjunction with, and under the supervision of, a parent or guardian.
2.5. You undertake that all details you provide to us for the purpose of ordering or purchasing Goods are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the goods or services ordered.
2.6. No order submitted by you shall be deemed to be accepted by us unless and until we confirm acceptance of your order by email to the email address you provide on the order form (where applicable) or by telephone. Our acceptance of your order brings into existence a legally binding contract between us.
2.7. We are entitled to refuse any order placed by you and will not be required to provide an explanation
2.8. You shall be responsible for ensuring that the specification selected by you is accurate.
3.1. The express provisions of these terms and conditions shall apply to the sale of the Goods by us to you. Save where terms are implied by statute, any provisions not set out in these terms and conditions, including any which you apply or purport to apply, shall not be terms and conditions concerning the sale of the Goods by us to you, however such provisions are introduced (including but not limited to provisions included on purchase order(s), confirmations of order or similar documents).
3.2. Any variation to the provisions of these terms and conditions (including any special terms and conditions agreed between the Parties) shall be inapplicable unless agreed in writing by the Seller.
3.3. The Buyer acknowledges that the Goods are provided with the requirement to attach the wing mirrors, battery and any free accessories by the Buyer and all nuts and bolts need to be checked before road use. The Buyer acknowledges that the goods are not to be driven over 20mph for the first 100 miles of use. The Buyer acknowledges that the goods are supplied for public highway road use. The Buyer acknowledges that the Goods need to be registered with the DVLA and that the DVLA / HMRC may incur a delay in registration or wish to inspect and request the Goods to be tested and that the Seller does not cover any associated costs. The Buyer acknowledges that for continued use and safety the Goods need to be regularly serviced at the service periods are due at either distance travelled or time period of ownership, which ever is sooner, (300km / 3 months of ownership for first service, 1000km / 6 months for second service, 3000km / 12 months for third service and every 3000kms / 6 months of ownership subsequently) & maintained by an approved service centre. In order to maintain high quality workmanship and sound mechanical practices you should only seek standard repairs and standard servicing in relation to the Goods from an Approved Service Centre with approved parts.
|4.||Buyer’s right to cancel the contract
4.1. You may cancel your contract with us for the Goods you order at any time up to the end of the fourteenth day from the date you receive the Goods.
4.2. To cancel your contract you must notify us in writing. All returns must be approved and if eligible for a refund a reference number and return address will be supplied.
4.3. If you have received the Goods before you cancel your contract then you must send the Goods back to our contact address at your own cost and risk. If the goods have been processed before you cancel we will organise collection at your own cost and such cost which will be the same as the original delivery price paid by you. If you have not unpacked or assembled the Goods before you cancel the contract, then you must not unpack or assemble the goods. If you have assembled the Goods but not used them before you cancel the contract then you must disassemble the goods. All goods need to be as supplied complete, unused, with original packaging and in resalable condition. You must contact us immediately the goods have been dispatched and advise us the delivery date. Any refunds made will be minus the original delivery charge. You have a legal obligation to take reasonable care of the Goods at all times while they are in your possession. If you fail to take reasonable care of the Goods we shall be entitled to refuse return or compensation for any damage caused by that failure.
4.4. You are entitled to examine and to test the Goods prior to making any decision to cancel the contract. However, that right to test the Goods is not unlimited. Its purpose is to give the same opportunity to examine and test the Goods that you would have had if you had actually seen the goods prior to making a decision to purchase them. As part of or in addition to that right, we permit you to ride the Goods for a distance of no more than 3km in an environment that does not require the registration of the Goods with the DVLA (such an environment to be determined by you and at your own risk) before you make any decision to cancel the contract. If you make any further use of the Goods or conduct any more extensive testing we will not consider the Goods to be unused. It is in that context that the terms ‘used’ and ‘unused’ should be understood in this clause 4. You will not be permitted to cancel the contract if you have registered the Goods with the DVLA
4.5. If we find that the Goods have not been returned to us as supplied in resalable condition, unused with original packaging, we reserve the right to refuse the return of the goods or deduct up to 25% of the original selling price from the refund amount, the amount of that deduction depending upon the extent of the use you have made of the Goods. This does not affect your statutory rights.
4.6. Once you have notified us that you are cancelling your contract and we are in receipt of the returned goods, any sum debited by us from your credit or debit card or by any other means of payment will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the Goods in question are returned by you and received by us as supplied complete, unused, with original packaging and in resalable condition subject to clauses 4.4 and 4.5.
4.7. This clause 4 governs only your right to cancel the contract in circumstances where there are no faults with the Goods. It does not affect any rights that may arise in the event that there are faults with the Goods.
|5.||Cancellation by us
5.1. We reserve the right to cancel the contract between us if;
6.1. The prices payable for the Goods are as set out on the Website.
6.2. Whilst we try and ensure that all prices on the Website are accurate, errors may occur. If we discover an error in the price of Goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the Goods, you will receive a full refund. We shall be under no obligation to fulfil an order for Goods advertised at an incorrect price.
6.3. You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges are set out on the Website.
7.1. Payment will be charged to the credit or debit card account provided by you on the Website order form
7.2. By placing an order, you consent to payment being charged to your credit or debit card account as provided on the order form
7.3. Payment for the goods becomes due immediately on placing your order and shall be made prior to delivery being made
7.4. All amounts stated are inclusive of VAT and/or any other applicable taxes or levy. We are registered for VAT under number 943 9704 92
7.5. If payment is not received by the due date, we shall be entitled:
8.1. We shall deliver the Goods to your delivery address as provided by you to kerbside. The Goods are supplied in a crate and need to be unpacked. The cost of delivery shall be in addition to the Price. The cost shall be subject to the method of delivery, and shall be payable at the same time and in the same manner as the Price. If re-delivery is required a further charge of £50 will be applied.
8.2. Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of your ordered item being in stock.
8.3. For the avoidance of doubt, the Delivery Date or other date given under these terms & conditions is no more than an estimate and may be updated via website. Time shall not be of the essence.
The risk in the Goods shall pass to you upon delivery to you.
The property in the goods shall not pass to you until we have received the payment of the Price (and any other sums that are due or owing to us by you) in full, whether or not delivery has been made. We reserve the right to recover the goods and any such costs of recovery you will be liable.
|11.||Seller’s Warranty – Parts only
11.1. If you find a material defect in the Goods within 12 months (“the Warranty Period”) from date of receipt then we will at our sole option as soon as is reasonably practicable replace defective parts PROVIDED THAT:
11.3. Wear and tear to parts and parts that require maintenance are excluded from the warranty in 11.1 above. These parts include and are not limited to; Brakes, Cables, Kick Starts, Fairings, Stands, Exhaust, Mirrors, Drive Belts, Bulbs, Wheels, Top Boxes and Tyres;
11.4. Goods supplied by us require the buyer to check all nuts and bolts before road use and for continued use and safety the goods require regular servicing (serviced periods are due at either distance travelled or time period of ownership, wherever is soon, 300km / 3 months of ownership for first service, 1000km / 6 months for second service, 3000km / 12 months for third service and every 3000kms / 6 months months of ownership subsequently) & maintenance by an approved service centre. Failure to adhere to the service requirements will void your warranty. Service records and a photo of the mileage maybe requested in the event of a claim.
11.5. Where we have the benefit of any warranty in respect of the Goods or any parts or components comprised in the Goods, or any parts or components comprised in the Goods, this warranty or guarantee shall replace the above warranty in so far as the defect relates to such parts or components, and we will use our best endeavours to extend to you the benefit of that warranty or guarantee. The warranty is non-transferable. Extended warranties are non-refundable.
11.6. In order to maintain high quality workmanship and sound mechanical practices you should only seek standard repairs and standard servicing in relation to the Goods from an Approved Service Centre with approved parts. Service Centres are liable for any repair or service carried out. We reserve the right to withhold and revoke the benefit of the warranty should you receive such servicing and repair from any other third party.
11.7. This Warranty does not affect your statutory rights. In particular it does not affect any rights you may have under the Sale of Goods Act 1979 / the Consumer Rights Act 2015.
12.1. If the Goods we deliver are not what you ordered you shall be deemed to accept the alternative goods delivered to you instead of the Goods as ordered unless you reject the goods in writing by recorded delivery to our contact address set out in clause 1 or by email to firstname.lastname@example.org, in each case sending that notification within 48 hours of the delivery of the Goods in question.
12.2. If the Goods have been damaged or shortage upon receipt, you are required to check the goods before signing receipt. If the goods are damaged or there is a shortage you are required to sign for the goods stating on the delivery note the damage or shortage or refuse the goods. Signing for the goods 'unchecked' or similar does not release you from the responsibility of checking the goods for damage or shortage. You agree to notify us of that damage / shortage in writing by recorded delivery to our contact address set out in clause 1 or by email to email@example.com, and in each case you agree to send that notification within 48 Hours of the delivery of the Goods in question.
12.3. If the Goods were defective at the date of delivery, you agree to notify us of that defect in writing by recorded delivery to our contact address set out in clause 1 or by email to firstname.lastname@example.org, and in each case you agree to send that notification within 7 Days of that defect reasonably becoming apparent.
12.4. If you do not receive Goods ordered by you within 30 days of the date on which you ordered them, you must notify us in writing by recorded delivery at our contact address or by email to email@example.com of the problem, in each case sending that communication within 40 Days of the date on which you ordered the Goods.
12.5. If you notify a problem to us under Clauses 12.1 to 12.4, our only obligation will be, at our option:
12.7. Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) and/or loss from claims of third parties arising out of the use of the Website and/or the Goods and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under Clause 12.5.3 above.
12.8. You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase Goods from our site. The importation or exportation of certain of our Goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the Goods you purchase.
12.9. We shall not incur or accept any liability concerning any representation made by the Seller (or made on the Seller's behalf) to the Buyer (or any person acting on behalf of the Buyer) prior to the making of the contract (save in relation to any fraudulent misrepresentation);.
12.10. We shall not accept any liability to you for servicing or repairs carried out by third party approved service centres.
12.11. We shall not accept any liability to you for any injuries or damages arising out of your failure to comply with any mandatory driving laws and regulations or the Highway Code. For example a helmet must be worn at all times. We recommend that appropriate protective clothing should be worn. The goods are supplied for public highway road use only.
12.12. Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence or willful default, or for fraudulent misrepresentation.
13.1. We will attempt to ensure that the information available on the Website at any time is accurate. However, we will not be held liable for any errors or omissions. We will use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of these
13.2. All drawings, descriptive matter and specifications of the goods on the website are for the sole purpose of giving an approximate description of the goods
13.3. We may also change, suspend or discontinue any aspect of the website, including the availability of any features, information, database or content or restrict access to parts or all of the website without notice or liability
13.4. You may not permit or create unauthorized framing of or deep linking to the Website or the creation of derivative works thereof from any other website under your management or control.
13.5. All intellectual property rights in the Website shall be owned by us absolutely.
13.6. Subject to the licence granted to you to use the Website, we reserve all rights, title and interest in the intellectual property rights in the Website. Any goodwill accruing from the use of the Website and any trade marks, trade and business names and service marks under this agreement will vest in us.
We shall have no liability under or be deemed to be in breach of contract for any delays or failures in performance of the contract which result from circumstances beyond our reasonable control. We shall promptly notify you in writing when such circumstances cause a delay or failure in performance and when they cease to do so. If such circumstances continue for a continuous period of more than six months, you may terminate the contract by written notice to us.
We may amend these terms and conditions from time to time and place the new version on the Website. Any purchases made via the Website will be subject to the terms and conditions that are in place at the time when that purchase is made, regardless of any terms and conditions that were in place before or which are put in place after. When we do amend these terms and conditions, we will mention the fact on our home page (www.motorbike.co.uk). In relation to clause 13 (or any other clauses that regulate your use of the Website) your continued use of the Website following our posting of any changes will constitute your acceptance of such changes. If you do not agree to any changes to the terms, please cease using the Website.
Subject to the following sentence, you may not assign, delegate, sub-contract, mortgage, charge or otherwise transfer any or all of its rights and obligations under this Agreement without our prior written agreement.
No failure or delay by us in exercising any right, power or privilege under these terms and conditions shall impair the same or operate as a waiver of the same nor shall any single or partial exercise of any right, power or privilege preclude any further exercise of the same or the exercise of any other right, power or privilege. The rights and remedies provided in these terms and conditions are cumulative and not exclusive of any rights and remedies provided by law.
|19.||Agency, partnership etc
These terms and conditions shall not constitute or imply any partnership, joint venture, agency, fiduciary relationship or other relationship between the Parties other than the contractual relationship expressly provided for in your terms and conditions. Neither you nor we shall have, nor represent that you or we have, any authority to make any commitments on the other's behalf.
You and we shall at the request and expense of the other execute and do any deeds and other things reasonably necessary to carry out the provisions of these terms and conditions or to make it easier to enforce.
If any provision of these terms and conditions is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from these terms and conditions and rendered ineffective as far as possible without modifying the remaining provisions of this agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of these terms and conditions.
In this Agreement unless the context otherwise requires:
22.1. words importing any gender include every gender;
22.2. words importing the singular number include the plural number and vice versa;
22.3. words importing persons include firms, companies and corporations and vice versa;
22.4. references to numbered clauses are references to the relevant clause in this
22.5. any obligation on any Party not to do or omit to do anything is to include an obligation not to allow that thing to be done or omitted to be done;
22.6. the headings to the clauses and paragraphs of this Agreement are not to affect the interpretation;
22.7. any reference to an enactment includes reference to that enactment as amended or replaced from time to time and to any subordinate legislation or byelaw made under that enactment;
22.8. where the word 'including' is used in this Agreement, it shall be understood as meaning 'including without limitation'.
23.1. Any notice to be given to us under these terms and conditions shall be in writing and shall be sent by first class recorded or registered mail, or by facsimile or e-mail (confirmed by first class recorded or registered mail), to our address at Direct Bikes Ltd. 5 Elstree Gate, Elstree Way, Borehamwood, Hertfordshire WD6 1JD or to the relevant facsimile number set out below, or such other address or facsimile number as we may from time to time notify to you in accordance with this clause. Any notice to you will be sent to the address provided by you.
23.2. Notices sent as above shall be deemed to have been received three working days after the day of posting (in the case of inland first class mail), or seven working days after the date of posting (in the case of air mail), or on the next working day after transmission (in the case of facsimile messages, but only if a transmission report is generated by the sender's facsimile machine recording a message from the recipient's facsimile machine, confirming that the facsimile was sent to the number indicated above and confirming that all pages were successfully transmitted).
23.3. In proving the giving of a notice it shall be sufficient to prove that the notice was left, or that the envelope containing the notice was properly addressed and posted, or that the applicable means of telecommunication was addressed and dispatched and dispatch of the transmission was confirmed and/or acknowledged as the case may be.
|24.||Law and jurisdiction
The validity, construction and performance of these terms and conditions shall be governed by English law and shall be subject to the exclusive jurisdiction of the English courts to which both you and we submit.
A person who is not a party to these terms and conditions has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that act.