THESE TERMS AND CONDITIONS APPLY TO THE CONTRACT BETWEEN US FOR THE SUPPLY OF GOODS ORDERED BY YOU BUT DO NOT AFFECT ANY STATUTORY RIGHTS YOU MAY HAVE
Unless otherwise agreed all sales made by JustCatering.Com Ltd trading as ElectricBikes4U.Com are made on these conditions of sale. No variation of these conditions of sale or any terms supplied with any order form or other document provided by you will be binding on ElectricBikes4U.Com unless confirmed in writing by a Director of ElectricBikes4U.Com. All goods are subject to availability. As a result of continuing product development the specification or design of goods may vary from that shown. You are responsible for deciding on the suitability of goods offered for any particular purpose and for the consequences arising for any work we undertake on the goods at your request.
1. Prices & Payment - All prices in our catalogue, leaflets and our website are in pounds sterling and were correct when published and given in good faith and are subject to VAT at the current rate. ElectricBikes4U.Com reserves the right to change the advertised price before you place an order. Unless otherwise agreed payment is required prior to delivery of the goods. Where ElectricBikes4U.Com agrees to issue an invoice you must pay the invoice within 30 days of the invoice date. For so long as any amount to be paid for goods remains owing to ElectricBikes4U.Com, title of goods will remain with ElectricBikes4U.Com and will not pass to you until ElectricBikes4U.Com has received full payment including any interest due. ElectricBikes4U.Com may charge interest at 4% above the base rate from time to time of LloydsTSB Plc on any amount not received by the due date until such amount is received, both before and after judgment..
Payment Methods
Cheque ( Preferred Method ) Please make all cheques payable to: JustCatering.Com Ltd
Bank Transfer ( Preferred Method )
PayPal
Credit Card
2. Delivery - Goods held in stock are usually delivered within 10 working days on the UK mainland, although bulky or fragile items may take longer. Ask for details for deliveries outside of the UK mainland. We will not accept liability for damage to goods during export delivery. Risk of loss or damage to goods shall pass to you upon delivery( excludes export ). For export orders it is your responsibility to ensure you have insurance cover for you export order. Claims for damage to goods must be noted at the time of delivery and notified to ElectricBikes4U.Com in writing (email or fax) within 24 hours of delivery to you. Claims for non-delivery of goods must be notified to ElectricBikes4U.Com in writing within 24 hours of the due delivery date. Goods returned will be accepted entirely at ElectricBikes4U.Com discretion, within 24 hours of delivery to you providing that they are unused, in perfect condition and in their original packing. Carriage will be at your cost on all returns. You must email us at sales@ElectricBikes4U.Com to obtain authorisation to return goods. Any goods returned to ElectricBikes4U.Com without authorisation or not in the condition set out above will be rejected and returned to you at your cost. ElectricBikes4U.Com reserve the right to charge an administration / Re Stocking charge on all returns of 60% of value. In adition to this a processing charge and re packing charge will apply. Where goods do not appear in a ElectricBikes4U.Com publication (including but not limited to our catalogue, or a leaflet, or our website) and are specially ordered for you, ElectricBikes4U.Com will only accept return of the goods if they are defective and returned within 2 days of delivery by you.
3. Guarantee & Liability - Goods supplied by ElectricBikes4U.Com are guaranteed in accordance with the terms of the manufacturers warranty provided with the goods or for 3 months if not stated with product. Our warranty does not apply to wear and tear, or if a product has been damaged or misused. Machines returned for repair in warranty where it is found that the machines has been abused or has not been used as the machine was designed for will be charged for. This also applies where a machine has not been properly maintained including cleaning where applicable. LIGHTS, INDICATORS, TYRES, TUBES, BRAKE SYSTEMS AND BRAKE LIGHTS ARE NOT COVERED. ALL WARRANTIES WILL BE VOID IF ANY CHANGES, MODIFICATIONS OR PARTS OF THE machine HAVE BEEN CHANGED BY ANYONE OTHER THAN THE SUPPLIER. THIS EVEN APPLIES TO TYRES & TUBES,LIGHTS AND LIGHT ANGLES. WARRANTIES WILL ALSO BE VOID IF THE Machine HAS BEEN MISTREATED AND NOT GENERALLY LOOKED AFTER AND MAINTAINED. Machines WILL BE DEEMED AS MISTREATED IF THE TYRES HAVE ANY FLAT SPOTS ON THEM CAUSED BY SKIDDING AND / OR HEAVY BRAKING. TYRE WEAR SHOULD BE EVEN ALL ROUND IF USED CORRECTLY. WARRANTY IS VOID IF HEAVY MUD FOUND ON OR IN ELECTRICS. DEFINITION AND DETERMINATION OF MISTREATMENT SHALL BE JUDGED SOLELY BY electricbikes4u.com WITHIN A REASONABLE TIME PERIOD AFTER INSPECTING AND TESTING THE ITEM AND NOT BY THE PURCHASER OF THE PRODUCTS. Machines LEFT FLAT AND NOT CHARGED FOR LONG PERIODS OF TIME, OR CHARGED WITH INCORRECT CHARGER, WILL NOT BE COVERED BY WARRANTY. Machines TAKEN THROUGH DEEP WATER ARE NOT COVERED BY WARRANTY. E-BIKES OR ELECTRIC SCOOTERS USED BY RIDERS OVER THE RECOMMENDED WEIGHT LIMIT ARE NOT COVERED BY THE WARRANTY, INCLUDING OVERLOADING BY ADDING ADDITIONAL LOADS IN ANY FORM.
PARTS NOT SUPPLIED BY AND NOT FITTED BY THE SUPPLIER TO ANY PRODUCT SUPPLIED BY electricbikes4u.com ARE NOT GUARANTIED AND WILL VOID THE WARRANTY, AND ANY CHANGES MADE TO ANY PRODUCT NOT NOTIFIED TO THE SUPPLIER WILL ALSO VOID THE WARRANTY.
For all UrbanMover products we guarantee the frame, wheels, footplates, motors, chargers and control gear across our entire range of bikes and scooters for a period of 12 months from the date of purchase. This guarantee does not include general wear and tear, or faults caused by misuse, including but not exclusively - dropping the scooter or bike on to the handlebars, resulting in broken brakes or throttles, broken lights, worn brakes etc. We reserve the right to send you either replacement parts for standard items (which we expect you to fit) including brakes, cables, fixings etc. In the unlikely event that the fault is major, we will decide to either refer you to one of our dealers for repair (local to your area) or opt to return the product to us for either replacement or repair.
All Batteries are guaranteed for a period of 6 months from the date of purchase.
For UrbanMover products ONLY
How do I return an item? Simply call us on 01242 254540, and a member of our customer support team will issue you with a Returns Authorisation Code that will enable us to process your return quickly and efficiently. You must always obtain a Returns Authorisation Code before sending anything back to us or we will not be able to process your return.
Loan machines are not available. ElectricBikes4U.Com accepts no liability of whatever nature arising from as a result of any representations, breach of contracts, and late delivery of product, negligence or otherwise including but not limited to any liability for indirect or consequential loss, or loss of profits, revenue, business or goodwill except for liability of death or personal injury caused by ElectricBikes4U.Com negligence. All conditions, warranties, guarantees and representations, express or implied, by statute, common law or otherwise in relation to the goods (other than the liability which ElectricBikes4U.Com is not permitted by law to exclude or restrict) are hereby excluded.
Service/Warranty Call Request
Non-Warranty and Charging:
• Warranty work will only be undertaken on completion of the required paperwork • You will not be notified that the service call is chargeable before the repairs are completed/Invoiced. We use manufacturer’s agents to carry out the work so it is not possible to do this. It is more cost-effective to complete the work once the service agent is on site. If you instruct the agent not to complete the work a call out charge will be incurred. • Service calls that are completed and found to be not covered by the manufacturers warranty will be chargeable. • Non-Warranty charges will vary from one manufacturer to another • By placing the warranty service call the originator confirms acceptance of the terms and conditions of the warranty and understands that payment will be required under our normal trading terms.
4. Status - ElectricBikes4U.Com may at its absolute discretion decline to accept orders or to offer credit terms. Placing an order with ElectricBikes4U.Com is taken as authorising us to approach a credit agency on the details given. All errors and omissions excepted. All trademarks acknowledged.
DISCLAIMER
Use of this website
Accuracy of information ElectricBikes4U.Com use their best endeavors to ensure that the information contained in their website is accurate and not misleading. Accordingly the Company retains the right, without obligation, to amend or delete product information without notice.
Our liability In so far as it is possible by applicable law the Company expressly excludes liability for any claims, loss, demands or damages of any kind whatsoever, with respect to use of this website or any misleading information or omissions it may contain, including without limitation, direct, indirect, incidental or consequential loss or damages, whether arising from loss of revenue, loss of data, loss of profits or otherwise. If you are a consumer your Statutory Rights, if any, are not affected. Nothing in this clause is intended to exclude liability for death or personal injury arising from the negligence of the Company or its employees or agents.
IT IS THE RESPONSIBILITY OF THE OWNER AND THE USER, OR PARENT OF USER, TO MAKE SURE ANY PRODUCT IS BEING USED LEGALLY. CURRENT LEGISLATION IS AVAILABLE ON THIS WEB SITE
Passwords On registration you will be required to submit a password which you will need to access your account. You will be responsible for the security of this password and the Company advises that you do not disclose it to third parties and that you change it on a regular basis. The Company will not be liable for any loss resulting from the misuse of your password.
Customer use All information provided on this website is intended to be used only by the customer. The Company does not authorise the use of such information for any purpose other than your use as immediate consumer, and prohibits to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes.
Copyright All text, graphics, website design, the selection and arrangement thereof, and all software compilations, underlying source code, software (including applets) and all other materials including photography on this site are the property of the ElectricBikes4U.Com. All rights are reserved.
Trademarks The Company owns the trademark and ElectricBikes4U.Com logo. All other product and company names and logos mentioned on this website are or may be the trademarks or registered or unregistered trademarks of their respective owners. Any manufacturer or trade mark holder that objects to the use of these on this site can email there objection to sales@JustBars.Com and the offending trade mark, logo or image will be withdrawn immediately. UK WEEE Regulations (s12006/3289 Waste Electrical and Electronic Equipment Regulations 2006 as modified by any subsequent legislation).
Future WEEE
Justcatering.com Ltd sells its products with either the customer taking on the WEEE responsibility or justcatering.com ltd retaining the responsibility on payment of an additional fee ( the amount prevailing at the time of order). In either case the customer must make clear in writing on placement of order which of these options they require.
The customer must agree to disclose this agreement to any subsequent purchaser of the equipment as required by law.
Historic WEEE
The purchaser agrees to absolve JustCatering.com Ltd from its obligations under the UK WEEE regulations which require Justcatering.com Ltd to be responsible for financing the collection treatment , recovery and environmentally sound disposal of any product supplied before 13th August 2005, were a similar new product is beeing purchased.
Justcatering.com Ltd will undertake to arrange to collect, treatment, recovery and environmentally sound disposal of any product supplied before the 13th August 2005 ( or outside the scope of the WEEE regulations ) subject to payment of its current disposal fees.
General This Disclaimer should be read in conjunction with the Terms and Conditions of Sale which appear on this website. You are a consumer under this Disclaimer and our Terms and Conditions of Sale if you are buying products for your private use and not in the course or for the purpose of any trade or business.
Legal Issues
ELECTRICALLY ASSISTED PEDAL CYCLES (EAPCs) in GREAT BRITAIN
Statement
The legislative requirements for certain types of Electrically Assisted Pedal Cycle (EAPCs) have changed in recent months. European Community Directive 2002/24/EC came into force on 9 November 2003 and this has resulted in uncertainty regarding the use and construction of EAPCs in Great Britain. This fact sheet provides our view of the current situation but should not be taken as definitive legal advice as this is a matter for the courts.
1. Effect of The Electrically Assisted Pedal Cycles Regulations 1983 – Statutory Instrument 1983 No.1168 and The Pedal Cycles (Construction and Use) Regulations - 1983 Statutory Instrument 1983 No. 1176 together “the Regulations”.
An Electrically Assisted Pedal Cycle which complies with the technical requirements in SI 1983/1168 (an “EAPC”) is not considered to be a motor vehicle within the meaning of The Road Traffic Act 1988. An EAPC is not required to be registered, have a vehicle license or a nil license, pay vehicle excise duty (road tax) or be insured as a motor vehicle. An EAPC cannot be ridden by anyone under the age of 14 years.
The Regulations apply to bicycles, tandem bicycles and tricycles fitted with pedals by means of which it is capable of being propelled. If the vehicle is to be regarded as an EAPC the motor assistance must be provided by an electric motor and not by an internal combustion engine. The electric motor must not be able to propel the machine when it is traveling at more than 15mph.
Furthermore, in order to be an EAPC within the meaning of SI 1983/1168, the vehicle must also meet the following requirements:
Maximum kerbside weight (not including rider) shall not exceed
- bicycle - 40kg - tandem bicycle – 60kg - tricycle – 60kg
Maximum continuous rated power output of the motor shall not exceed
- bicycle - 0,2kW - tandem bicycle – 0,25kW - tricycle – 0,25kW
The Pedal Cycles (Construction and Use) Regulations 1983 (SI 1983/1176) imposes construction and use requirements for pedal cycles and EAPCs.
2. The effect of the European Community Directive 2002/24/EC – the amending framework Directive for European Community Whole Vehicle Type Approval (ECWVTA) of powered two and three- wheeled vehicles
European Community Directive 2002/24/EC sets out harmonised technical construction standards for powered two and three-wheeled vehicles, including quadricycles (small four wheeled vehicles of limited mass and power). It is implemented in the UK by the Motor Cycles Etc. (EC Type Approval) Regulations 1999 (SI 1999/2920) as amended. The system of ECWVTA normally applies to volume produced vehicles with manufacturers issuing a Certificate of Conformity (“CoC”) in compliance with a type approved model. This provides a route for the vehicle to be registered and enter into service. An alternative approval route for vehicles is by way of the Motorcycle Single Vehicle Approval (MSVA) scheme under The Motor Cycles Etc. (Single Vehicle Approval) Regulations 2003 (SI 2003/1959). This scheme provides for the approval of individual vehicles on the basis of an inspection, resulting (where appropriate) in the issue of a Ministers Approval Certificate (“MAC”).
The Directive includes within its scope low powered mopeds that may also be similar in definition to EAPCs. These are vehicles with pedals and fitted with an auxiliary electric motor having a continuously rated power output not greater than 1.0kW, capable of speeds not exceeding 25km/h.
However, there are certain vehicles in this category which may be regarded as EAPCs and are exempt from both ECWVTA and MSVA. These are cycles with pedal assistance and an electric motor having a maximum continuous rated power output of not more than 0,25kW where the electrical assistance is cut off when the machine reaches a speed of 25km/h or where the cyclist stops pedaling. The exemption applies to two, three and four wheeled vehicles. Exempt EAPCs do not need a CoC or a MAC.
A vehicle is not exempt from ECWVTA or MSVA if it is fitted with pedals and a motor that can provide power assistance at any time without the rider pedaling (see also section 3 below).
However, if such vehicle (i.e. one which is able to provide power assistance without the rider pedaling) is an EAPC, our understanding is that the appropriate authorities (i.e. Trading Standards) are unlikely to take action to prevent the sale of these vehicles simply on the ground that they have neither a CoC or MAC. But they must conform to the appropriate safety and construction and use Regulations/Directives cited in this fact sheet. Nevertheless, if you are a dealer intending to supply such vehicles elsewhere in the European Community or the European Economic Area, it may be advisable to consider obtaining ECWVTA.
3. Vehicles outside the requirements of The Electrically Assisted Pedal Cycles Regulations 1983
Any vehicle outside the scope of The Electrically Assisted Pedal Cycles Regulations 1983 due to the motor power output, speed up to which power can be provided, weight, or that do not have pedals by means of which the machine can be propelled, are considered to be motor vehicles. They will need to be registered, licensed and taxed, insured and the rider will need an appropriate driving license and wear a motorcycle safety helmet.
Four wheeled vehicles and vehicles propelled by an internal combustion engine are also considered to be motor vehicles.
Machines resembling a child’s scooter but which are fitted with either an electric motor or an internal combustion engine, have been determined by two High Court judgments to be motor vehicles within the meaning of The Road Traffic Act 1988.
4. Other legislation
EAPCs may also need to comply with the Electrical Equipment designed for use within certain Voltage Limits Directive 73/23/EEC (as amended) (commonly known as the Low Voltage Directive) and the Electromagnetic Compatibility Directive 89/336/EEC (as amended). Confirmation should be sought via the Department of Trade and Industry (Local Authorities Co-Ordinators of Regulatory Services (LACORS i.e. Trading Standards).
5. Access to the Regulations and Directives
(a) The Electrically Assisted Pedal Cycles Regulations 1983 – Statutory Instrument (SI 1983 No.1168) and The Pedal Cycles (Construction and Use) Regulations 1983 - Statutory Instrument (SI 1983 No. 1176) are available from The Stationery Office (See below).
(b) Directive 2002/24/EC of the European Parliament and of the Council of 18 March 2002 relating to the type-approval of two or three-wheel motor vehicles is also available from The Stationery Office and is published on the EUR-Lex European Legislation website: http://europa.eu.int/eur-lex/en/search/search_lif.html
The address of the Stationery Office is: The Publications Centre, PO Box 276, London, SW8 5DT (tel 0870 600 5522, website: www.hmso.gov.uk, Virtual Bookstore: www.tso.co.uk).
6. Further Information
If you require any further information regarding the Regulations covered by this fact sheet, please contact the DfT at the address below:
Transport Technology and Standards 6 Department for Transport Zone 2/06 Great Minster House 76 Marsham Street London SW1P 4DR
Tel: (0207) 944 2078 Fax: (0207) 944 2069
Email: TTS.enquiries@dft.gsi.gov.uk
|