GENERAL
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 Motoden for the Goods plus 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.
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 Motoden. 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.
THE CONTRACT
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 Motoden 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 Motoden 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.
CONSUMER RIGHTS
You may cancel your contract with us for all Goods, except for gift cards and e-gift vouchers, at any time up to the end of the 30th day from the date you receive the ordered Goods. Orders for gift cards and e-gift vouchers may be cancelled at any time up to the end of the 7th day from the date you receive the gift card or e-gift voucher. You do not need to give us any reason for cancelling your contract. Motorcycle or Scooter order cancellations might incur an administration fee due to the costs involved in registering and preparing the bike.
To cancel your contract you must notify us in writing to 505a Kingsland Road, London E8 4AU or by e-mail at enquiries@motoden.com
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 consumer]
[Address of consumer]
[Signature if possible]
[Date]
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. 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.
Once you have notified us that you are cancelling your contract, any sum debited to Motoden (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. 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 Motoden head office using the contact details found on our contact us page
VEHICLE HOME DELIVERY RIGHTS
You are entitled to a “cooling off period” in which you can change your mind about your purchase. This period begins from the day you collect your vehicle or it is delivered to you and is valid for 14 days.
If you wish to return your vehicle then we must be notified in writing within this 14-day period. Upon receipt of your request, we will contact you to acknowledge receipt and make arrangements for your order to be cancelled.
Your vehicle must be returned to us within 48 hours of your cancellation. This period will begin from the day we acknowledge your rejection request. Any extension to this period will be at our discretion and additional charges may be incurred.
Your refund will be made within 14 days of the vehicle being returned to us. This 14-day period will begin from the day we sign to accept the return of the vehicle to our premises.
You are liable for the vehicle from the point of collection or delivery. If you choose to cancel within your cooling off period, then you remain liable for the vehicle until it is returned and signed for by ourselves. You will be liable, and charged, for any damage present which was not noted when you accepted the vehicle. Any cost will be deducted from your final refund amount or charged to you and we will require the funds to be with us within 72 hours.
To receive a full refund, a maximum additional mileage of 250 miles from the recorded delivery mileage is allowed. If you cover any additional mileage, then an excess mileage charge of £1.00 per mile will be deducted from your final refund amount or charged to you and we will require the funds to be with us within 72 hours.
You must make your own arrangements for the return of the vehicle if you decide to cancel.
If you decide to return your vehicle, we will do all we can to find another vehicle for you to buy from our stock. If you decline or we are unable to find an alternative vehicle we won’t be able to return to you any vehicle you part-exchanged as part of the deal.
If the agreed value of the vehicle you part-exchanged was less than the amount used to settle the finance agreement of the vehicle you part-exchanged (known as negative equity) then you are liable for this difference and this amount will be deducted from your final refund amount or charged to you and we will require the funds to be with us within 72 hours.
No refund will be made until the vehicle has been inspected and signed for by a member of our team. If we intend to make any deductions from your final refund amount, then you will be made aware of that amount prior to the refund.
CANCELLATION BY MOTODEN
We reserve the right to cancel the contract between us if:
* We have insufficient stock to deliver the Goods you have ordered
* The delivery service provider does not deliver to your area
* One or more of the Goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers; or
* We have reason to suspect that there is a risk of a fraudulent transaction.
If we do cancel your contract, we will notify you by email and will re-credit to your account any sum deducted by us (in respect of Goods provided by us, and delivery services provided by the delivery service provider (unless amounts in respect of delivery are refunded directly by the delivery service provider)), from your debit or credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
GUARANTEES
All guarantees in respect of Goods are provided entirely by the manufacturers/UK importers and are subject to terms contained therein. You are reminded to complete all warranty cards/documents upon receipt of the Goods where appropriate.
TITLE
Title to the Goods shall pass to you when the Goods ordered are collected on your behalf by the delivery service provider and leave our warehouse. In the event that sums owing in respect of other Goods ordered within a single order remain due, we shall apportion the sums owing for such Goods without prejudice to our right to retain title in respect of all Goods ordered.
DELIVERY
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.
VEHICLE HOME DELIVERY
For reasons of fraud prevention, we are only able to deliver to your home address and prior to arranging delivery we will require a proof of your current address to be sent to us. This proof can be any of the following (driving licence / bank statement / utility bill - this must be dated within the last 90 days)
Delivery of your vehicle will take place at an agreed time to your home address. Should you, for any reason, be unable to sign/accept this delivery on the agreed day then you will be liable for the cost of this and any subsequent charges to return it.
Upon receipt of your vehicle it is imperative that you fully inspect its physical condition. Once you have signed to accept the vehicle we unfortunately cannot accept liability for any damage which was not noted when the vehicle is signed and agreed for by yourself at delivery.
We can only deliver to your home address and you must be present at time of delivery as no other person can sign for the vehicle on your behalf. The delivery driver will need you to provide your driving licence as proof of ID.
LIABILITY
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 within ten working days of the delivery of the Goods in question.
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 under clause 26 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.
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.
PAYMENT TERMS
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).
JURISDICTION
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.
ENTIRE AGREEMENT
These terms and conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the Goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any Goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.