TERMS AND CONDITIONS OF TRADING – ARMOURDILLO PROTECT LTD
These Terms will apply to any contract between you and us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them before ordering any Products from our website. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.
These Terms, and the Contract between us, are only in the English language, the English language will govern any Contract between us.
1. INFORMATION ABOUT US
1.1 We operate the website www.armourdillo-protect.co.uk. We are Armourdillo Protect Ltd, a company registered in England and Wales under company number 10316584 and with our registered office at 71 De Tany Court, ST ALBANS, Hertfordshire, AL1 1TX.
2. OUR PRODUCTS, FITTING AND SAFETY
2.1 Information about our Products is available elsewhere on this site. Please read it carefully to ensure that the Product specification will meet your needs. The Armourdillo Protective pods are only suitable for the Vespa GTS series and will not fit on to any other scooter make(s) or models. If you order the Product and we deliver it according to the Contract and it does not fit your scooter as it is not the Vespa GTS, you will need to pay for the return costs and we will not be under any obligation to make any refund to you until we have received the Product from you and it is in our custody and control.
2.2 As you, the customer, or the person you buy the Products for if it is a gift, have learned to ride a Vespa GTS, you must be aware of safety. Fitting of the Products is relatively simple and can be done by a person with minimal mechanical skill. The Armourdillo pods are designed do not interfere with the motor, mechanical or other moving parts under the existing metal casing pods. They simply fit over the existing rear metal pods held in place by the existing bolts. Please ensure that they do not touch any other part of your scooter other then as stated in the fitting instructions.
2.3 The Armourdillo pods are designed to be fitted by a person with minimal skill but you must follow the fitting procedure as set out clearly in the page entitled “How They Fit” on this website. We have also provided you with a hard copy set of these fitting instructions. If you do not fit them correctly, then there is the chance of damage to the Products or other users of the roads or pedestrians as they may fall off whilst you are moving, scratch or break. If you are unsure on how to fit them, you must seek advice from a motorcycle mechanic. We do not accept any liability for any damage, howsoever caused to the Armourdillo pods, any third party or damage to your Vespa GTS caused by incorrect fitting.
2.4 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images.
2.5 The packaging of the Products may vary from that shown on images on our site.
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US?
3.1 Our “Store” page will guide you through the steps you need to take to place an order. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
3.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 3.3 and will only be effective if your payment has cleared with our payment provider. We will not dispatch any product and there will be no Contract until such time as acknowledgement of payment is received by us.
3.3 We will confirm our acceptance to you by sending you an e-mail that confirms that your payment has been accepted and the Products have or will be dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
3.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
4. HOW WE USE YOUR PERSONAL INFORMATION
5. CONSUMER INFORMATION AND CANCELLATION
5.1 You may only purchase Products from our site if you are at least 18 years old.
5.2 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to send us an email on firstname.lastname@example.org or contact us as soon as possible by phone or any other method as soon as you can. You can also email to us the cancellation form if you wish which you will find at the end of this documents. As soon as possible after we receive your cancellation, we will send you an email to confirm we have received your cancellation.
5.3 If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. If, however, you decide to cancel after the Product has been dispatched, please see your rights to do so below as you will need to pay for postage/delivery back to us before we can make a refund to you (see clause 7).
5.4 If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our customer service team on +44 (0)1727 869870 by e-mailing us at email@example.com. If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
6. OUR RIGHT TO VARY THESE TERMS
6.1 We may amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
6.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
6.3 We may revise these Terms as they apply to your order from time to time to reflect any changes in relevant laws and regulatory requirements or any other circumstance, as we may deem appropriate.
6.4 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. If you opt to cancel, you will have to return the Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
7. RETURN AND REFUND
7.1 You have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 in the UK. You can, therefore, notify us of your decision to cancel the Contract and receive a refund. However, this cancellation right does not apply in the case of any Products that have been dispatched to you. We will only dispatch Products that have been paid for in full. We will use the same terms for any overseas orders.
7.2 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between you and us is formed.
7.3 If you cancel your Contract in accordance with your rights to do so, we will:
(a) refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund 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, for example, they are damaged by you, howsoever such damage is caused or if you did not follow the fitting instructions. We will not refund the price paid before we are able to inspect the goods and if the inspection reveals any damage, we will give you an appropriate refund; or
(b) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(i) if you have received the Product and we have not offered to collect them from you: 14 days after the day on which we receive the Product back from you; or
(ii) if you have not received the Product as we have not sent it, or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
7.4 If you have returned the Products because they are faulty or have been materially mis-described for example, they are the wrong colour, we will refund the price of the Products in full, together with any applicable delivery charges you incur in returning the item to us.
7.5 We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Product we may refund you in vouchers.
7.6 If a Product has been delivered to you before you decide to cancel your Contract:
(a) then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. If we have offered to collect the Product from you, at your expense, we will collect the Products from the address to which they were delivered. We will contact you to arrange a suitable time for collection; and
(b) unless the Product is faulty or not as described (in this case, see clause 7.5), you will be responsible for the cost of returning the Products to us. If the Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery.
7.7 We are under a legal duty to supply Products that are in conformity with the Contract and you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause or in these Terms.
8.1 Please see the Need to Know section of our website under the heading “Delivery” at the foot of every page on our website. Here, we set out the prices for delivery to destinations we can deliver to. If the destination is not there, please email us or call us when we will endeavour to give you a quote for delivery.
8.2 We will contact you with an estimated delivery date. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 13 for our responsibilities when this happens.
8.3 If no one is available at your address to take delivery, the courier or postal service will leave you a note that the Products have been returned to their premises, in which case, please contact them to rearrange delivery.
8.4 Delivery of an Order shall be completed when we, the courier or the postal service has delivered or attempted to deliver the Products to the address you gave us and the Products will be your responsibility from that time.
8.5 You own the Products once we have received payment in full, including all applicable delivery charges.
8.6 If we miss the delivery deadline for any Products, then you may cancel your Order straight away if any of the following apply:
(a) we have refused to deliver the Products;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); and
(c) you told us before we accepted your order that delivery within the delivery deadline was essential and we had agreed to it.
8.7 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 8.5, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
9. INTERNATIONAL DELIVERY
9.1 We deliver to countries outside of the UK (International Delivery Destinations). Please see the Need to Know section of our website under the heading Delivery. Here, we set out the prices for delivery to International Delivery Destinations.
9.2 If you order Products from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount and you will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
9.3 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
10. PRICE OF PRODUCTS AND DELIVERY CHARGES
10.1 The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 10.5 for what happens if we discover an error in the price of Product(s) you ordered.
10.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
10.3 The price of a Product includes UK VAT or other sales tax that we have to collect (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
10.4 The price of a Product does not include delivery charges. Our delivery charges are as advised to you on our website and during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our Delivery page.
10.5 It is always possible that, despite our reasonable efforts, the Products on our site may be incorrectly priced. If we discover an error in the price of the Products, you have ordered we will contact you in writing to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. If we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Product and refund you any sums you have paid.
11. HOW TO PAY
11.1 You can only pay for Products using a debit card or credit card. We accept the cards as stated on our checkout page.
11.2 Payment for the Products and all applicable delivery charges is in advance and in cleared funds. We will not dispatch your Products until we have cleared your payment, so if you are paying by cheque, and we have agreed to that method of payment it will take longer than paying by credit card. There is also an administration fee for paying by cheques which is charged by banks, our charge for using cheques is £15.00. If we do not receive payment in full, we are under no obligation to process your order.
12. OUR WARRANTY FOR THE PRODUCTS AND LIABILITY
12.1 We provide a warranty that on delivery and for a period of 12 months from delivery, the Products shall be free from material defects.
12.2 The warranty in clause 12.1 does not apply to any defect in the Products arising from:
(a) fair wear and tear; or
(b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party; or
(c) if you fail to operate, fit or use the Products in accordance with the user instructions; or
(d) any alteration or repair by you or by a third party, whether qualified or not.
12.3 This warranty is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described.
For Business Customers
12.4 If you buy the Products for your business, we only supply the Products for internal use by your business, for example, if you use scooters for your business. You agree not to use the Product for any resale purposes. Under no circumstances whatever will we be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss, howsoever caused.
12.5 Our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
12.6 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes. This clause will be governed by English law and you and us submit to the non-exclusive jurisdiction of the English courts.
For Non-Business Customers
12.7 If you do not use the Products as part of your business or work, and you are not a business, and if we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
12.8 As we only supply the Products for private use, in these circumstances, you agree not to use the Product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13. EVENTS OUTSIDE OUR CONTROL
13.1 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 an Event Outside Our Control.
13.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, courier service providers, other service providers including payment service providers, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
13.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
13.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at your cost) any relevant Products you have already received and we will refund the price you have paid.
14. COMMUNICATIONS BETWEEN US
14.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
15.1 Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
15.2 A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.
15.3 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 of the addressee.
15.4 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
16. OTHER IMPORTANT TERMS
16.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this webpage if this happens.
16.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However, if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of our warranty in clause 12 to the recipient of the gift without needing to ask our consent.
16.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise. However, the recipient of your gift of a Product will have the benefit of our warranty at clause 12, but we and you will not need their consent to cancel or make any changes to these Terms.
16.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
16.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
16.6 These Terms are governed by English law. This means a Contract for the purchase of Products through our website, Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
16.7 If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).