Terms & Conditions
TERMS AND CONDITIONS OF USE
In using this website you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “User”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the User and ourselves, or either the User or ourselves. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, this Company:
excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
TERMS AND CONDITIONS OF PURCHASES
The buyer (“you”) shall mean any person, sole trader, partnership, business, body corporate or other entity detailed in the appropriate section of the sales invoice/order form and shall include all successors, heirs and assigns. Where a person deals entirely as a consumer, their legal rights shall remain unaffected. Any reference to you within these terms and conditions shall be as a consumer buyer unless specified as being a reference to a trade buyer.
The “Goods” shall mean the items detailed in the appropriate section of the sales/order form and it shall be a core term of the contract between us that any and all ancillary items are additional to such contract unless specifically detailed within the sales invoice/order form.
The “Price” shall mean the amount payable to Emu Bikes for the Goods including VAT (at the rate applicable from time to time), and the amount paid to the delivery service provider for the supply of delivery services unless otherwise stated. You should note that prices quoted may vary during the currency of brochures (upwards or downwards) and current prices are quoted at the time of order. In respect of orders placed via the Internet, these shall not be accepted by us until confirmed in writing by us to you. Delivery within the UK is free on orders valued at £100 or more, on orders valued at less than £100 an extra charge of £5 for postage and packing will be made.
These terms and conditions shall apply to all of our quotations, orders (including telephone orders) and contracts for the sale or supply of Goods by Emu Bikes. In respect of any sales of Goods to trade buyers, any other terms or representations, whether implied by statute, made prior to, collateral with or subsequent to the contract or order, are hereby excluded and shall not be binding upon us. In respect of consumer buyers, additional conditions shall only be binding upon us if confirmed in writing by us to you.
We reserve the right to amend technical or clerical errors in any order without notice. In addition, you shall ensure that all details contained within the order are correct and we shall not accept any liability for any error or inaccuracy in any order.
All prices are shown in GB Pounds and inclusive of UK VAT.
CREDIT & DEBIT CARDS
We accept the following credit cards:
- Visa Credit
- Visa Debit
- MasterCard Credit
- MasterCard Debit
- Visa Electron
Credit subject to status and affordability. Terms & Conditions Apply. Emu Electric Bike Company Ltd. is a credit broker and is Authorised and Regulated by the Financial Conduct Authority. Credit is provided by PayPal Credit, for more information click here.
After placing an order, you will receive an email from us acknowledging that we have received your order for the Goods, and the delivery services you have requested from the delivery service provider. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to Emu Bikes to buy Goods. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that the Goods have been dispatched by the delivery service provider (the “Dispatch Confirmation”). The contract between you and Emu Bikes will only be formed when we send you the Dispatch Confirmation.
The contract will relate only to those Goods whose dispatch (by the delivery service provider) we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Goods which may have been part of your order until the dispatch of such Goods has been confirmed in a separate Dispatch Confirmation.
You may cancel your contract with us for all Goods at any time up to the end of the 14th day from the date you receive the ordered Goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty. Goods must not have been used and must be returned in their original packaging. If a bike has been used you must cancel your contract up to 3 days from the date you receive the ordered goods.
To cancel your contract you must notify us by e-mail to email@example.com or in writing to our head office, at Emu Electric Bike Company Ltd., P.O Box 722, Rickmansworth, WD3 0LY, United Kingdom
When cancelling in writing please provide the following wording and details about your order:
I hereby give notice that I cancel my contract of sale of the following goods [details of goods], ordered on [date] and received on [date].
- [Order number]
- [Name of customer]
- [Address of customer]
- [Signature if possible]
If you have received the Goods before you cancel your contract then you must send the Goods back to us at your own cost and risk unless you have written confirmation otherwise regarding the return of a bicycle.
If you cancel your contract but we have already processed the Goods for delivery, you must not unpack the Goods when they are received by you and you must send the Goods back to us at your own cost and risk as soon as possible unless otherwise agreed in writing with Emu.
Returns can be submitted though your ‘Account’, choosing the ‘Orders’ tab, and selecting the item you wish to return.
Emu will on occasions agree a 3 day trial for bicycles only, in these instances we accept that the product will be used. These free trials are conducted as per our Trial Terms & Conditions.
Once you have notified us that you are cancelling your contract, any sum debited to Emu Bikes (in respect of goods provided by us and delivery services provided by the delivery service provider) from your debit or credit card 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 in the condition they were in when delivered to you. In the case of a Free Bicycle Trial fair wear & tear will be accepted. If you do not return the Goods delivered to you by the delivery service provider or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the Goods from the amount to be re-credited to you.
Similarly, any amounts debited from your debit or credit card in respect of delivery charges payable to the third party delivery contractors shall be re-credited to your account as soon as possible by the relevant delivery contractor or by us on their behalf.
You have a legal obligation to take reasonable care of the Goods while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
For all complaints please contact the Emu Bikes head office using the contact details found on our contact page.
The following refund policy applies to all transactions made through this website, unless expressly stated otherwise.
In the unlikely event that you are not happy with your purchases, please feel free to return your goods unused (with the exception of Free Trial Bicycles) and in their original packaging within 14 days of the date of receipt for a full exchange or refund.
Refunds will be processed using the same method of payment used for the original purchase. Credit & debit card refunds must be made to the card used for the original purchase, Cheque payments will be refunded by check or electronic bank transfer but due to banking restrictions can only be refunded 7 days after the product return date. Due to the high incidence of fraud we regret that we are unable to offer any refund without a valid receipt.
All guarantees in respect of Goods are provided entirely by the Emu Electric Bike Company and are subject to terms contained therein. You are reminded to retain all warranty cards and invoice documents upon receipt of the Goods.
For orders placed by customers resident in the UK Mainland, goods will be delivered Next Working Day (if ordered by 3pm). Saturday Delivery is available at an additional cost.
For orders placed by and delivered to customers resident outside of the UK, we will arrange delivery of your Goods on your behalf with third party delivery service providers at specially agreed discounted rates, shown at checkout.
Once Goods have been delivered to you or your agent, they will be held at your own risk and we will not be liable for their loss or destruction.
You must notify us in writing of any shortage or mis-delivery in any Goods ordered immediately, or at the latest within five working days of such shortage or mis-delivery, thereafter you shall be liable for any such shortage or mis-delivery. Where we have arranged delivery on your behalf with a third party delivery service provider, any claims for loss or damage in transit should be made directly to the delivery service provider. We will assist you in making any such claim, or alternatively we can deal with such claim on your behalf, at your reasonable cost. You should retain all packaging in the event of a claim or return within the terms of these terms and conditions.
All orders are shipped from the UK and, therefore, deliveries made to countries outside the EU may be subject to customs, legal, regulatory and certain practical restrictions. It is your responsibility to pay any additional taxes, fees or levies, import duty or other fees required by the local customs authority in order to release the goods to you. Please ensure that you enter the correct international delivery address and postcode. If the address is entered incorrectly or if customs duties or formal customs entry procedures are required, the delivery may be delayed. We are unable to offer you any assistance if either issue arises. Customs policies vary widely from country to country, therefore you are advised to check the local requirements in your country when placing an order.
If you fail or refuse to pay these charges, what happens to the goods is out of our control. In the event that the goods are returned without any charge to us we will refund the whole purchase price to you. In the event that the goods are returned to us but a delivery charge is levied on us, we will refund you the purchase price less the charge levied on us to return the goods. It is possible that the goods will not be returned to us, in which case no refund of the purchase price will be given to you. In any event, goods that are returned due to you refusing or failing to pay any of the charges outlined in this paragraph will not be entitled to a refund of the delivery charge.
Damaged and Defective Goods
If the Goods we deliver are not what you ordered or are damaged or defective, we shall have no liability to you unless you notify us in writing at our head office (as set out above) of the problem preferably within 5 working days of the delivery of the Goods in question. At the latest you should notify us within 30 days of receiving delivery.
If any Goods are alleged to be damaged or defective, you must return such Goods to us for inspection and report (without any obligation on us to replace the said Goods prior to such inspection). You further confirm that it shall be reasonable for us to inspect, repair or replace (at our option) such defective Goods and allow manufacturers to undertake inspections so as to allow production methods to be modified. You further accept that it is reasonable to inform us of any interruption, defect or other failure prior to contacting independent third parties or incurring expense and to allow us to remedy the defect, failure or interruption.
If you notify a problem to us under clause 24, our only obligation will be, at our option:
to replace or repair any Goods that are damaged or defective; or
to refund to you the amount paid by you for the Goods in question in whatever way we choose.
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) howsoever arising out of any problem you notify to us under these terms and conditions 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 above.
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. We make no representation and accept no liability in respect of the export or import of the Goods you purchase.
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.
INSTALLATION AND USE OF GOODS
Any advice given by our agents or servants during telephone/Internet orders is based entirely upon information provided by you. Where advice is given after visual inspection by our agents or servants, such advice shall amount to an opinion only and we shall not accept liability for any inaccuracies therein. Goods supplied are supplied only to correspond to the purpose for which Goods of that kind are commonly supplied and not for any alternative uses to which they may be put. We shall accept no liability for any failure of Goods due to any such alternative use, amendment or modification.
You confirm that you shall comply with any and all rules relating to installation of the Goods and fully accept that we shall not be liable for any loss which results from forced, misdirected, inappropriate or unqualified installation of any Goods or not adequately maintained the Goods.
Furthermore, we shall accept no liability for death or personal injury, unless caused directly by our own negligence.
Any Goods, or parts of them, that are modified or adapted by you or any third party shall no longer be warranted by the manufacturer nor shall we be liable for any failures resulting from any such modification or adaptation.
Please note that all website and mail order payments are taken in full at the time of order, regardless of stock. The total price paid represents an amount to us for the supply of Goods, and an amount collected by us on behalf of the delivery service provider for the supply of delivery services
Quotations are given on the assumption that no variation in the Price will be made by the manufacturer/sole importer and that Government levies remain unaltered. In the event of such changes, the Price of any orders placed before the variation will remain the same and no further increases will be passed to you.
EVENTS BEYOND OUR CONTROL
We shall accept no liability in respect of any failure to deliver Goods you have ordered or any delay in doing so or for any damage or defect to Goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident, acts of God, war or actions by third parties.
THIRD PARTY RIGHTS
Notwithstanding any other provisions of these terms and conditions, nothing in these terms and conditions shall confer, nor is it intended to confer, a benefit on any third party (for the purposes of the Contract (Rights of Third Parties) Act 1999 or for any other purpose).
These terms and conditions shall be governed by and interpreted in accordance with English Law and industry custom and practice, and the English courts shall have exclusive jurisdiction in respect of any claims or disputes (whether contractual or non-contractual) arising therefrom.
TERMS & CONDITIONS OF WEBSITE USE.
You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site.
The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
LINKS TO THIS WEBSITE
If you link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
LINKS FROM THIS WEBSITE
We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites.
We encourage our users to be aware when they leave our site, and to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website. The logos, names, trademarks, and brand marks belonging to companies or services other than Emu Bikes and featured on this site are the copyright and intellectual property of their respective rights holders.
This Company’s logo is a trademark of Emu Electric Bike Company Limited.
If you have any enquiries about this site, or the services it promotes please contact firstname.lastname@example.org, or write to Emu Electric Bike Company Ltd., Spectrum House, 32–34 Gordon House Road, London, NW5 1LP, United Kingdom.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment is to be made to Klarna:
- Pay in 3
- Financing (currently under review and not uploaded, so can come back to it at a later date)
Further information and Klarna’s user terms you can find here. General information on Klarna can be found here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement.
These terms and condition are governed by the laws of England and Wales. By accessing this website and using our services you consent to these terms and conditions and to the exclusive jurisdiction of the English and Welsh courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.
NOTIFICATION OF CHANGES
THESE TERMS AND CONDITIONS FORM PART OF THE AGREEMENT BETWEEN THE USER AND THE COMPANY. YOUR ACCESSING OF THIS WEBSITE INDICATES YOUR UNDERSTANDING, AGREEMENT TO AND ACCEPTANCE, OF THE DISCLAIMER NOTICE, REFUND POLICY, AND THE FULL TERMS AND CONDITIONS CONTAINED HEREIN. YOUR CONSUMER RIGHTS ARE UNAFFECTED.
Emu Electric Bike Company Limited is a private limited company registered in England & Wales, company no. 08835491. The company’s registered office address is PO Box 772, Rickmansworth, WD3 0LY, United Kingdom.