XSmoto.co.uk

TERMS AND CONDITIONS OF SALE

1. INTRODUCTION

1.1 It is important that you read, understand and agree to these terms & conditions before proceeding to order Goods ("Goods") from this website. The terms & conditions which apply to the order you place will be those displayed on the XSmoto website ("the Site") at the time you place your order.

1.2 The Goods displayed on the Site are brand new unless otherwise stated. Also, the Goods displayed on the Site are described by product category and with a minimum specification. By placing an order for the Goods described on the Site you accept that the goods which we actually supply to you, may have a different specification than shown on the Site but if different will be a higher specification.

1.3 We strongly advise you to print off these terms & conditions to retain for future reference in connection with any order of Goods from us. We reserve the right to change these Terms and Conditions from time to time. If we make a change after you have placed an order the change will not apply to our Contract for that order.

2. HOW PURCHASES ARE MADE

2.1 By selecting an item from our Site and ordering it you are making a legally binding order ("Order") to purchase the particular Goods. You must tell us if you wish to cancel your Order before we accept it.

2.2 We will accept your Order when we select the particular Goods from our warehouse to deliver to you. It is at this point that a contract between us ("the Contract") comes into existence. This is because we always only have a limited stock of the Goods and we cannot guarantee at the time that you place your Order on the Site that we can fulfil your Order. We fulfil Orders on a "first come first served" basis for a limited period because we have limited stocks of the particular Goods. We will tell you if we cannot fulfil your Order.

2.3 Where we do not have Goods available matching the minimum specification appearing on the Site we will tell you if we have a suitable alternative or we will notify you and the Contract will be cancelled. In this case we will promptly make a full refund to you of any payments we have received from you. Neither you nor we shall have any further liability to the other in respect of the cancellation.

2.4 We will acknowledge receipt of your Order but we wish to make it clear that in doing so we are not accepting your Order and are not committed to supply the Goods as ordered.

3. PRICE AND PAYMENT

3.1 The price of the Goods ("the Price") on the Site is expressed to include VAT, the delivery charge is shown separate. The charge for delivery is detailed below in condition 5.1. The Price is subject to change without notice but price changes will not affect Contracts that are in existence at the time of the change.

3.2 You must pay the Price

      3.2.1   by Paypal payment from a card issuer acceptable to us and the payment will be debited when we accept the Order. If the credit card issuer refuses to approve the transaction then we will not be obliged to fulfil the Order; or

      3.2.2    by a cheque drawn on a UK bank account acceptable to us. You must send us a cheque to arrive within five working days of your placing the Order and we must receive payment in cleared funds within ten working days of your Order otherwise we may, at our option and without liability to you, cancel the Contract. If your cheque is not met upon presentation to your bank then we may charge an administrative fee in addition to our right to cancel the Contract.

4. DELIVERY

4.1 All goods are sent out via Royal Mail Standard Parcel Service or Recorded Delivery with exception of goods over the value of £150.00 including VAT. You are able to specify if you would like to upgrade this service and it must be requested at the time of purchase. Good bearing over the £150.00 threshold will be sent out either recorded or special delivery by us. If proven to be extra cost it will be met by us.

4.2 We are not able to provide you with a specific delivery date or time but we will use all reasonable efforts to deliver the Goods within fourteen (14) days of you placing your Order.

4.3 You or someone on your behalf who can provide the carrier with evidence of being your authorised representative, may sign for delivery of the Goods on your behalf upon delivery to the agreed location.

4.4 Where you order more than one item of Goods then, although we try to deliver them together, we may deliver them by instalments.

4.5 You should inform our Customer Service (see Condition 9.3), if there is any damage or shortages or other problems with the Goods within seven (7) days of you receiving them.

5. CANCELLATION

5.1 You will have seven (7) working days (i.e. Mondays to Fridays excluding bank and public holidays) from delivery of the Goods to cancel your Contract with us for the Goods ("the Cancellation Period").

5.2 If you decide you wish to cancel the Contract then you must take the following steps:

      5.2.1    Notify us by sending us an email to enquiries@xsmoto.co.uk marked for the attention of Customer Services, or by fax to 01494 450500 to arrive before the expiry of the Cancellation Period;

      5.2.2    Arrange with us by contacting our Customer Services and pay for the collection of the Goods by our carriers, obtaining from our Customer Service a returns merchandise authorisation ("RMA") so that we can track the returned Goods.

      5.2.3    You must pack the Goods in their original packaging as this is most important to ensure the Goods are not damaged in transit. This applies also to accessories as well as any products supplied as part of or with the Goods and any documents, as you must return everything you have received in order to receive a full refund of the Price.

5.3 Your right of cancellation is separate from your statutory rights as regards defective Goods. Please see the warranty section below.

6. WARRANTY

6.1 As a consumer you have statutory rights that we do not limit or exclude. In addition to your statutory rights as a consumer the following warranty provisions will apply to the Goods we sell but subject to any specific warranty or guarantee that accompanies the Goods.

6.2 We warrant that the Goods are free from defects in workmanship or material under normal use during a period of twelve (12) months.

6.3 Unless such damage is apparent when you receive the Goods from us, we expressly exclude liability in respect of damaged screens.

6.4 Our warranty under clause 6.2 is a "return to base" warranty. This means if you think you have a warranty claim you must first obtain an RMA from our Customer Service and then arrange to return the Goods either in their original packaging or equivalent packaging sufficient to survive without damage to the return carriage. It is your responsibility to pay for the return of the Goods. Immediately we receive the Goods we will inspect them and will reject warranty claims if you have used insufficient or inadequate packaging and the Goods are damaged as we cannot be responsible for damage resulting from this cause. We will take a photographic record in such circumstance.

6.5 If your warranty claim is valid then we will at our discretion repair or replace the Goods or the relevant parts and return them to you at our expense.

6.6 We do provide email support during the warranty period through our Customer Services.

6.7 The above warranties do not apply to Goods from which the serial numbers have been removed or defaced, or to damage resulting from improper use, mishandling, accidents, external causes, including installation, service or modifications not performed by authorised service providers, or operation outside the environmental parameters specified for the Goods.

6.8 Neither we nor the manufacturer of the Goods warrant that the Goods will operate in all combinations of hardware that you may select nor that the operation of the Goods will be error-free or uninterrupted.

6.9 If, in our opinion, we are unable to repair or replace the Goods we will refund the Price applicable to those Goods.

6.10 THE WARRANTIES IN THIS SECTION DO NOT AFFECT YOUR STATUTORY RIGHTS.

7. LIMITATION OF LIABILITY

7.1You should use all reasonable care when you use the Goods.

7.2We disclaim all liability for damage resulting in loss of data, loss of use, loss of profits, loss of anticipated earnings or disappointment or any incidental, indirect or consequential loss whatsoever.

7.3 Our maximum liability for any claim howsoever arising will be limited to a refund of the Price paid for the Goods that are the subject of your claim. This limitation is set at a level reflecting the fact that the Goods are not intended for use in business activities but are for personal domestic use only.

8. DATA PROTECTION

8.1 We may use your personal data pursuant to our Privacy Policy displayed on this Site to which we refer you unless you notify our Customer Service that you do not wish us to use your personal data.

9. GENERAL

9.1 You may not offer for resale nor resell any Goods which you purchase from us.

9.2 These terms and conditions and all Contracts between us shall be subject to English Law and the exclusive jurisdiction of the English Courts.

9.3 To contact us at Customer Service you should email us at enquiries@xsmoto.co.uk; or fax us on 01494 450500 marked for the attention of the Customer Services Manager.

9..4 You may not assign or transfer your rights or obligations under any contract between us to any third party.

10. PRODUCT SPECIFICATIONS

10.1 Xsmoto makes every effort to supply goods as advertised but reserves the right to vary actual dimensions, specifications and quantities without prior notice.

10.2 Good are subject to availability. In the event that Xsmoto reserves the right to supply the equivalent goods or superior quality at no extra cost. In the event that Xsmoto is unable to supply the goods, Xsmoto will inform the customer of this as soon as possible. A full refund will be given when you have already paid for the goods.

10.3 All product pictures are for illustration purposes only and do not form part of the contract.

10.4 We do not accept liability for sizing of products and information given by us is from manufactures specification. It is your responsibility to purchase correct sizing at the time of ordering. Xsmoto may advise of sizing procedure and measuring but cannot be held responsible due to forces of nature.

FEBRUARY 2005 Edition