We invite you to print out these Terms & Conditions, or we can e-mail these to you on request. Please request the "Terms & Conditions" from our Customer Service Centre. YOUR STATUTORY RIGHTS ARE NOT AFFECTED BY OUR TERMS AND CONDITIONS.
All Products on this website are sold to consumers on the terms and conditions set out below. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. As the products we offer are of a specialist nature, please ensure that you read our terms and conditions prior to placing your order:
To be eligible to purchase Products on this website you must:
(a) be capable of entering into binding contracts and;
(b) be at least 18 years old. If you are under 18 you must only order goods from our website with, and under the supervision of a parent or guardian.
(c) provide your real name and contact details (including e-mail) and;
(d) a valid delivery address.
(e) if using a credit card that you have permission to use it for the purchase
4.1. All orders received are deemed to be an offer by you to purchase goods in agreement to these terms and conditions.
4.2 After placing an order we will confirm our acceptance to you by sending you an e-mail that confirms that the order has been accepted. The contract between us will only be formed when we send you the Order Confirmation. We reserve the right to refuse to supply any individual or company with explanation.
4.3 The Contract only applies to those Products we have confirmed in the Order Confirmation. We will not be obliged to supply any other Products which may have been part of your order until your order of such Products has been confirmed in a separate Order Confirmation.
4.4 We reserve the right to dispatch each product on the order separately as and when they are ready for dispatch. We deal with many different manufacturers so each product ordered may come from a different supplier therefore multiple deliveries is possible.
4.5 You are responsible for providing an Up-to-date mobile telephone number and e-mail address which are absolutely necessary to ensure successful delivery of your item. All information asked on the checkout page must be filled in precisely and accurately. We will not be responsible for missed delivery because of wrong delivery address or an inappropriate phone number.
All additional charges or costs due to delivery complications or missed delivery would thus be added to your order invoice.
4.6 You are responsible for ensuring that the goods selected by you are correct.
4.7 Your order with us shall constitute:
(a) your agreement to these terms and conditions; and
(b) confirmation that you meet the eligibility requirements of condition 3.
5.1 The details, makes and designs of our Products are constantly changing and we reserve the right to change the specification of our Products without prior notice in relation to future sales. You should check our website for details.
5.2 Products supplied to you may differ as a consequence from those on display or advertised. Unless agreed with you, the Products supplied will be of equivalent value, functionality and appearance. Any significant variations will be notified to you.
5.3 Leather Products are made from quality natural leather and accordingly they may not be uniform in colour or texture. Some leathers will show natural marks and scars on the hide. Some leathers will mellow with age and exposure to sunlight and heat.
5.4 The measurements of all Products provided are as accurate as possible, but some slight variances may apply
5.5 Even if not always mentioned, some self-assembly may be required by the buyer on certain products. For example but not limited to the attaching of wing mirrors, battery and any free accessories and all nuts and bolts need to be checked before road use.
5.6 We have a policy of continuous product development so we can provide you with what we consider the best design at the best price, and thus reserve the right to amend the specifications of products, their price, packaging and any service associated at any time, without prior notice.
6.1 Subject to clause 6.2 below, under the Distance Selling Regulations, you may cancel a Contract with us at any time within seven working days, beginning on the day after you received the Products, (with the exception of made to order items, specially ordered and bespoke items). This right applies to all products purchasable from our website, only.
6.2 The Distance Selling Regulations do not apply to a Product that is ordered in especially or made or assembled especially for you. Therefore once we have accepted an order from you that is for e.g. a made to order product, you do not have the right to cancel it. An example of our made to order products is any scooter where you have paid to have the scooter assembled .
6.3 To cancel a Contract, you must inform us in writing and we will confirm cancellation, terms and details by email. All returns must be approved and if eligible for a refund a reference number will be supplied. You must also contact us as soon as possible (but in any event within the 7 days) to arrange for the return of the Product(s). Products must be returned to us in the same condition in which you received them.
6.4 You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right to retain the purchase price of the Product or a reasonable percentage of the purchase price as compensation for any damage to the Products and for our additional costs incurred.
6.5 You are given the same opportunity to test and examine the goods as you would have, had you actually seen the goods prior to purchase before you make a decision to cancel the contract.
This testing is restricted;
6.5.1 You are permitted 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 . The environment chosen by you is at your own risk, you should bare in mind that you have a legal obligation to take reasonable care of the product while it is in your possession. A refund may not be offered for goods returned in an unreasonable condition, please see point 6.4 above
6.6 You will not be able to cancel the contract if you have registered the Goods with the DVLA
6.7 Genuine returns for Products delivered within the UK or Ireland which are returned to us within 7 days and in the same condition in which you received them may incur a £30 handling fee
6.8 The return of goods is at your risk and expense. A courier can be arranged to collect the goods from you by us but at your expense, you will be provided with a quote before collection is arranged.
6.9 No order can be cancelled after seven days from delivery. This clause does not affect other legal remedies that you may have, for example, where the Product is faulty.
6.10 Goods returned must be in the same condition you received them therefore if you have unpacked them they must be packed back up the same way, if you have carried out any assembly you must disassemble.
6.11 If you realise you need to amend an order prior to delivery please contact us on 0161 883 0054. If you amend your order there may be changes to your delivery date or charges and/or the price of the Products.
6.12 Prior to ordering please check the details of the Product(s) you are proposing to order to ensure they are suitable
6.13 If the Goods we deliver are not what you ordered you shall be deemed to have accepted the alternative goods delivered to you unless you notify us of the problem in writing within 7 days by letter to the address in clause 1 or by email to firstname.lastname@example.org.
7.1 Your order will be fulfilled by the delivery date provided unless there are exceptional circumstances. Occasionally a delivery date may be postponed. This may occur for various reasons for example courier problems. We will keep you informed if a postponement is necessary. We are not liable for any charges you may incur due to delayed or cancelled deliveries.
7.2 If you require delivery outside of the UK or Ireland or if you have specific additional delivery requests, then additional charges may apply. Please contact us for further details.
7.3 If you are unable, for whatever reason, to take delivery of your Products on the delivery date, we reserve the right to charge you the shipping fee paid originally again for any subsequent deliveries.
7.4 We store orders in our warehouse for a maximum of three weeks only. After three weeks we charge all customers £8 per item per week
7.5 If we accidentally damage a Product in the course of delivery, then our liability for that damage is limited to the repair, suppling you with the parts for you to repair, the replacement of that Product or a refund - it is at our discretion which one is chosen.
7.6 The Delivery Date or other date given under these terms & conditions or the website is an estimate and may change. Time of delivery of a Product is not of the essence.
7.7 We endeavour to ensure that our delivery couriers are polite and exercise all reasonable skill and care in delivering the Product to you. To the fullest extent permitted by law we shall not be liable to you for any accidental damage to your property or person resulting from our delivery of the Products.
7.8 You will need to inspect the Product on delivery. A signature will be required to acknowledge delivery and that the Product is in perfect condition. The signature of the person accepting delivery at the delivery address will be proof that you or the person to whom the order is addressed has received delivery and of the condition of the Product at the time of delivery.
7.9 You must check the condition of the products upon delivery and inform the delivery carrier of any defects or problems with the Products at that time. The delivery carrier will direct all queries at this stage to us and we will endeavour to agree a means of curing such defects or problems with you. If you choose not to check goods at the time of delivery, we do not accept responsibility for any defects or problems that would have been revealed by a proper check of the Products upon delivery. You must also report any defect or problems 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 24 Hours of the delivery of the Goods in question.
7.10 It is your responsibility to ensure the condition of the product is checked before the carrier leaves and before you sign for the products, we do not accept responsibility for any defects or problems once you have signed for the goods
7.11 Your Products will be constructed to the highest possible standards. Please ensure that you read and adhere any care instructions relating to your Product on our website.
7.12 You must check for any shortages upon delivery and inform the delivery carrier of any shortages at that time. You must also confirm in writing (please obtain proof of posting) 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 24 Hours of the delivery of the Goods in question.
8.1 The Products will be at your risk from the time of delivery to you.
8.2 Ownership of the Products will only pass to you when we have received payment in full of all sums due in respect of the Products, including delivery charges.
9.1 The price of any Products will be as quoted on our site from time to time, except in cases of error.
9.2 The prices displayed on the website include VAT but do not include our delivery charges. For information on our delivery charges please see our delivery info page
9.3 Prices are liable to change at any time, but changes will not affect orders for which we have already sent you an Order Confirmation unless there has been a pricing error.
9.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our confirmation procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when confirming the order to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before confirming the order, or if the confirmation has been sent before the error is noticed we may reject your order and notify you of such rejection or contact you for instructions before dispatching your order.
9.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if there is a pricing error
9.6 You can pay for your order using Credit Card, Paypal, Bank transfer, Cash or Cheque.
10.1 When you return a Product to us:
10.1.1 because you have cancelled the Contract between us in writing within the seven day cooling-off period (see clause 6 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, excluding the cost of sending the item to you, and we can either arrange for collection of the Product at your cost or you can arrange it’s return yourself. If we are unable to collect the Products at the agreed time due to your actions, we reserve the right to make a charge for any subsequent collection of the Products which will be charged at the same rate for delivery on the original delivery for any subsequent collection. Products returned to us must be in the original condition in which they were delivered to you and must not be damaged and must be in a re-saleable condition.
10.1.2 for any other reason (for instance, because you claim that the Product is defective), we will examine the returned Product and if deemed to be of defective through manufacturers fault we will repair it and return it to you.
10.2 The return postage is non refundable if goods are free from manufacturers fault. If goods are found to be of manufacturing fault then you can reasonably ask us to pay the cost of the return of your goods if a model is returned to us and is tested to have a manufacturing fault as this cost is a direct consequential loss of a faulty product however you must mitigate your loss. See clause 22 What is mitigating my loss.
10.3 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
10.4 We will ask you to send us a photo of the damage for our records and to assist us in taking appropriate action. Please include your customer order details with the package, as these are necessary for processing a return. Once received, the items will be checked and our customer service will contact you to advise you of the possible replacement or refund.
10.5 Upgraded carriage services chosen by you when you placed your order e.g. by 9am instead of using our standard delivery are non refundable for any reason once goods have been dispatched.
10.6 Items returned must arrive in good condition and Scooter City retains the right to refuse a refund on any item not deemed to be in good condition and charge you the collection fee and return postage fee, each will be charged at the same rate of the original delivery charge. The guarantee does not cover fair wear and tear, neglect, abuse or misuse of your Product, loss or damage (including rusting and corrosion); loss or damage due to fire, smoke, explosion, lightning, sunlight, infestation by animals or boring insects, or theft, or accidental damage or loss caused by a third party, problems resulting from any modification or alteration of the Goods by the Buyer or third party, from improper or faulty connection, installation, handling, bad storage or use of the Goods by you, lack of maintenance, parts that require maintanence (these parts include but not limited to Brakes, Stands, Kick Starts, Engine, Exhaust, Tyres and Wheels), any failure by you to comply with the instructions provided by us or any non faulty workmanship issues.
11.1 Your warranty is against manufacturing faults only. The guarantee does not cover fair wear and tear, neglect, abuse or misuse of your Product, loss or damage (including rusting and corrosion); loss or damage due to fire, smoke, explosion, lightning, sunlight, infestation by animals or boring insects, or theft, or accidental damage or loss caused by a third party, problems resulting from any modification or alteration of the Goods by the Buyer or third party, from improper or faulty connection, installation, handling, bad storage or use of the Goods by you, lack of maintenance, parts that require maintanence (these parts include but not limited to Brakes, Stands, Kick Starts, Engine, Exhaust, Tyres and Wheels), any failure by you to comply with the instructions provided by us or any non faulty workmanship issues.
11.2 The warranty period is for 12 months from date of receipt of the goods
11.3 If you are making a warranty claim you must inform us in writing within your warranty period and proceed as instructed by us, including arranging the prompt return of the claimed faulty part to us for inspection, at your expense.
11.4 We will at our sole discretion as soon as is reasonably practicable replace defective parts
11.5 The warranty applies to parts only.
11.6 If goods arrive to you damaged you may be sent the parts needed to repair it yourself, this is at our discretion.
11.7 Service records and a photo of the mileage may be requested in the event of a claim.
11.8 The warranty is non-transferable. Extended warranties are non-refundable.
11.9 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.
11.10 If you get a problem and suspect it to be manufacturers fault you must let us know so we can decide what the next step should be, we will need to discuss the suspected problem with you and you may be sent the parts needed to repair it yourself or we may suggest a different solution, this is at our discretion
12.1 The buyer acknowledges that the seller does not cover any costs involved in registering, testing, repairing, maintaining and the servicing goods. The buyer acknowledges that any goods to be used on a road need to be registered with the DVLA. The buyer acknowledges that they are responsible for the safe use of their goods and making themselves familiar with what this entails. The buyer acknowledges that for continued use and safety of goods used on a road that they need to be regularly serviced and the buyer is responsible for this and also making themselves aware of what this entails
13.1 Your debit or credit card is charged for the whole amount of the order when the order is created. Scooter City uses one of the most powerful security systems on the Internet, a Secure Socket Layer (SSL) reinforced by an encryption process in order to protect all significant data related to payment. A credit card and necessary information is needed for payment.
13.2 All orders are paid only through PayPal account or by credit cards issued by companies listed on the payment page.
13.3 We except payment by cash, we do not offer a cash on delivery service, all orders must be paid for upfront before the order is submitted for production.
13.4 We except payment by bank transfer
13.5 We except payment by cheque, all order must be paid for upfront before the order is submitted for production therefore it will take apprx five working days from the date of the cheques arrival to us before it clears into our account. Once the cheque clears the order will be submitted.
13.6 The sale will be submitted for processing as soon as you click on the "confirm" button. You will then receive an email from us to confirm the sale.
13.7 We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of refusing or by reason of unwinding? or suspending any transaction after processing has begun.
14.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
15.1 All notices given by you to us must be given to Scooter City at Rear Of Goyt Mill, 4th Floor, Upper Hibbert Lane, Marple, Stockport, SK6 7HX or email@example.com or fax 0161 883 0057. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 14 above. Notice will be deemed received and properly served 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address on your order.
16.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
16.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
16.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
17.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
17.2.1 Strikes, lock-outs or other industrial action.
17.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
17.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
17.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
17.2.5 Impossibility of the use of public or private telecommunications networks.
17.2.6 The acts, decrees, legislation, regulations or restrictions of any government.
17.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
19.1 If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
20.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
20.2 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
20.3 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
20.4. Any variation to the terms and conditions including but not limited to any special terms and conditions agreed between the parties shall be void unless agreed in writing by the Seller.
20.5 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
21.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
21.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.
21.3 This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability. We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
21.4 No compensation payment or refund will be made for, but not limited to, disappointment, or time lost.
21.5 It is the buyers responsibility to comply and observe all applicable regulations and legislation. We accept no liability in respect of the export or import of the Goods you purchase.
21.6 We shall not accept any liability of servicing or repairs you carry out or that are carried out by any third party approved service centres.
21.7 We shall not accept any liability to you for any injuries, death or damages arising out of your failure to comply with driving laws and regulations or the Highway Code.
21.8 We accept no liability (to the fullest extent allowed by law) for the accuracy of information contained on the website or related adverts, which may contain technical inaccuracies or typographical errors including but not limited to information obtained from live support operators and via email. However, this provision does not affect your statutory rights and remedies.
21.9 We will not be liable for any direct or indirect loss of profits or other financial loss or damage arising out of defective, damaged or wrongly delivered Products, over and above the value of the Products themselves. This does not affect your statutory rights.
22.1 This simply means you must keep the return costs as low as reasonably possible. An unreasonable postage amount paid by you to return goods to us will not be refunded in full only the amount that was reasonable to pay would be refunded.e.g. sending a parcel on a special delivery next working day service and paying £18.00 would not be refunded when a cheaper and still suitable service such as a 2nd class royal mail parcel service with insurance was available at £8.00. In this situation as it is not reasonable for you to ask us to refund the full amount you paid as you used the more expensive service. A refund will only be processed for the reasonable service available as the excess amount would of been your own choice to pay and would not be refundable. In this case £8.00 would be refunded.
You should always contact us before you return your goods and at this time you will be told what service should be used to return the goods to us, any excess price you pay over this for using any other service is your own choice and would be at your own expense. For larger items such as a scooter you should get quotes and let us know first and we can see if there is better on offer.
23.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
23.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary in writing within seven working days of receipt by you of the Products).
24.1 Gift vouchers can only be purchased online through the www.Scootercity.co.uk website and you have the choice of having the voucher emailed to the recipient on a pre-determined date of your choice alternatively you can print off the voucher. Should you need to re-send or re-print the gift voucher, this can be done through 'your account' on the www.Scootercity.co.uk website.
24.2 Vouchers are valid for one year from the date of issue and cannot be extended.
24.3 Only one gift voucher or discount code can be applied to any one transaction, this includes any promotional codes or offers.
24.4 The value of the transaction will be deducted from the total gift voucher value with the balance remaining to be spent on a future transaction. There is no minimum spend required and the voucher can be redeemed against any purchase including delivery charges.
24.5 Gift vouchers can be purchased in fixed denominations from £25 to £2000.
24.6 If you have any difficulty redeeming your voucher or have any questions then please firstname.lastname@example.org for further assistance.
25.2. All intellectual property rights in the Website shall be owned by us absolutely.
25.3 Reproduction in whole or in part in any form or medium without express written permission is prohibited.
26.1 Should you wish to contact our aftersales team, you can send us an email at email@example.com, or to place an order or make a product enquiry please contact us on the phone: 0161 8830054 (Weekdays - 10:00am-6pm). We'll be here to help!
Help & Support:
RC Helicopters Division
© 2011-2012 Scooter City. All Rights Reserved. Mopeds, electric cheap scooters for adults, micro scooter & cheap moped.