Terms and Conditions - Stirling Eco
WHAT THESE TERMS COVER
These are the terms and conditions on which we supply products to you, whether these are goods, services, or digital content. This is our standard customer agreement upon which we intend to rely. For your benefit and protection, you should read these terms carefully before signing them. If you do not understand any point, please ask for further information.
StirlingEco reserves the right to change these terms and conditions, with notice, at any time.
WHY YOU SHOULD READ THEM.
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem, and other important information. If you think that there is a mistake in these terms or that they require any changes, please contact us to discuss.
INFORMATION ABOUT US AND HOW TO CONTACT US
StirlingEco is a company registered in England and Wales and our registered office is at Summit House, Horsecroft Road, Harlow, Essex, England, CM19 5BN.
We operate the website www.stirlingeco.com
To contact us e-mail firstname.lastname@example.org
If we need to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order. When we use the words “writing” or “written” in these terms, this includes emails.
OUR CONTRACT WITH YOU
HOW WE WILL ACCEPT YOUR ORDER
When ordering online: Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
When purchasing in store: Order and purchase are accepted when payment is made.
IF WE CANNOT ACCEPT YOUR ORDER.
If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
YOUR ORDER NUMBER
We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
PRODUCTS MAY VARY SLIGHTLY FROM THEIR PICTURES
The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
PRODUCT PACKAGING MAY VARY
The packaging of the product may vary from that shown in the images on our website.
YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the product you have ordered, please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the product, the timing of supply, or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see Your rights to end the contract).
OUR RIGHTS TO MAKE CHANGES
MINOR CHANGES TO THE PRODUCTS
We may change the product:
to reflect changes in relevant laws and regulatory requirements; and
to implement minor technical adjustments and improvements, for example, to address a security threat. These changes will not affect your use of the product.
MORE SIGNIFICANT CHANGES TO THE PRODUCTS AND THESE TERMS
In addition, we may make more significant changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
PROVIDING THE PRODUCTS
StirlingEco offers delivery to the UK (United Kingdom) and Northern Ireland.
The costs of delivery will be calculated as required.
WHEN WE WILL PROVIDE THE PRODUCTS.
When ordered online: During the order process, we will let you know when we will provide the product(s) to you. If the delivery date is not specified during the order process, we will deliver the product(s) to you as soon as reasonably possible.
When you purchase in-store: If you cannot take the product away, the member of staff that sells you the product will let you know when it will be delivered or arrange a time for you to collect it.
All Mopeds cannot be taken away or delivered until all OTR (On the Road) requirements are met. StirlingEco will carry out all necessary OTR requirements for all Mopeds before the customer takes them away. This includes vehicle registration, Insurance, Road Tax, and Checks.
WE ARE NOT RESPONSIBLE FOR DELAYS OUTSIDE OUR CONTROL
If our supply of the products is delayed by an event outside of our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
IF YOU ARE NOT AT HOME WHEN THE PRODUCT IS DELIVERED
If no one is available at your address to take delivery, our courier will leave you a note informing you of how to rearrange delivery. Our courier will then make a second attempt to deliver the product. If you are not available to accept the second delivery attempt, the product will be returned to a local depot and our courier will leave a note informing you how to arrange collection.
IF YOU DO NOT RE-ARRANGE DELIVERY
If after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and you must compensate us if you break the contract.
YOUR LEGAL RIGHTS IF WE DELIVER GOODS LATE
You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods, then you may treat the contract as at an end straight away if any of the following apply:
We have refused to deliver the goods.
delivery within the delivery deadline was essential (considering all the relevant circumstances); or
you told us before we accepted your order that delivery within the delivery deadline was essential.
SETTING A NEW DEADLINE FOR DELIVERY
If you do not wish to treat the contract as at an end straight away, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
WHEN YOU BECOME RESPONSIBLE FOR THE GOODS
The goods will be your responsibility from the time we deliver the products to the address you gave us or directly to you.
WHEN YOU OWN GOODS
You own the goods once we have received payment in full.
WHAT WILL HAPPEN IF YOU DO NOT GIVE THE REQUIRED INFORMATION TO US
We may need certain information from you so that we can supply the products to you. If so, this will have been stated in the description of the products on our website. We will contact you in writing or by phone to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information, we need within a reasonable time of us asking for it.
REASONS WE MAY SUSPEND THE SUPPLY OF PRODUCTS TO YOU
We may have to suspend the supply of a product to:
deal with technical problems or make minor technical changes.
update the product to reflect changes in relevant laws and regulatory requirements.
make changes to the product as requested by you or notified by us to you.
YOUR RIGHTS IF WE SUSPEND THE SUPPLY OF PRODUCTS
We will contact you in advance to tell you that we will be suspending the supply of the products unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 30 days, and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
We may also suspend the supply of the products if you do not pay. If you do not pay us for the products when you are supposed to and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend the supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending the supply of the products. We will not charge you for the products during the period for which they are suspended.
YOUR RIGHTS TO END THE CONTRACT – CANCELLATION, RETURNS & REFUND POLICY
YOU CAN ALWAYS END YOUR CONTRACT WITH US
Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, and when you decide to end the contract:
if what you have bought is faulty or misdescribed you may have a legal right to end the contract.
if you want to end the contract because of something we have done or have told you we are going to do, or
if you have just changed your mind about the product. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions (e.g. if the product is worn or damaged or you have exceeded 10 miles of use) and you will have to pay the costs of return or collection of any goods. For Mopeds or vehicles that need to be registered with the DVLA, the customer understands that we cannot refund the full amount and the agreement needs to be on “buy back” terms and is subject to fee deductions such as, but not limited to: OTR, VAT, etc.
ENDING THE CONTRACT BECAUSE OF SOMETHING WE HAVE DONE OR ARE GOING TO DO
If you are ending a contract for a reason set out below, the contract will end immediately, and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
we have told you about an upcoming change to the product or these terms which you do not agree to;
we have told you about an error in the price or description of the product you have ordered, and you do not wish to proceed.
there is a risk that the supply of the products may be significantly delayed because of events outside our control.
we have suspended the supply of the products for technical reasons, or notify you that we are going to suspend them for technical reasons, in each case for a period of more than 30 days:
you have a legal right to end the contract because of something we have done wrong.
EXERCISING YOUR RIGHT TO CHANGE YOUR MIND (CONSUMER CONTRACTS REGULATIONS 2013).
You have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail below.
HOW LONG DO I HAVE TO CHANGE MY MIND?
Customers are not automatically entitled to a cooling-off period if the goods are purchased in-store. The cooling-off period applies to distance sales only (e.g. Online, over the phone, email etc.). You have 14 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
Please note the refund may include costs deductions on products that are new and count milage such as mopeds.
HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
TELL US YOU WANT TO END THE CONTRACT.
To end the contract with us, please let us know by doing one of the following:
Phone or email. Call us on 020 8671 60 or email us at email@example.com . Please provide your name, home address, details of the order and, where available your phone number and email address.
By post. Write to us at 60 the Highway Wapping, London E1W 2BF including details of what you bought, when you ordered or received it and your name and address.
Returning products to us. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return the products to us.
RETURNING YOUR ITEMS:
The decision as to whether an item can be replaced or returned will be made at our own discretion (terms of any warranty permitting). Products should be returned to us in-store at the following address: 60 the Highway Wapping, London E1W 2BF
Items that are returned must be returned in their original packaging as sold. Bikes, scooters, and mopeds should not have been ridden for more than 10 miles. Items that have travelled more than this will be reduced in value, and this will be reflected in the amount that is refunded to the customer.
It is the responsibility of the customer to ensure that items are returned to our store for any refund or replacement to be issued.
In some circumstances, we may offer a collection service for a fee, which will need to be paid by the customer.
WHEN WE WILL PAY THE COSTS OF RETURN OR COLLECTION
We will pay the costs of return:
if the products are faulty or misdescribed out-the-box; or
if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control, or because you have a legal right to do so because of something we have done wrong.
In all other circumstances, (including where you are exercising your right to change your mind) you must pay the costs of return or collection. Please note that this includes the cost of providing suitable secure packaging if you are returning an e-moped and no longer have the original box.
You have the right to return faulty products. Any defective item may be returned to the store to be replaced or fixed. We reserve the right to issue a refund instead of a replacement.
Replacements under warranty may be refused if:
Items have already been replaced under warranty previously.
We deem the item to be acceptable and not faulty. Items will be checked by our technicians to confirm if the item is faulty, and a replacement or refund is necessary.
We reserve the right to decline a refund or replacement if:
The product has been damaged or mistreated by the customer
If there is any damage to the product, the customer will be invoiced for the damage and the collection of the bike.
If goods are deemed to be faulty, the customer must pay for the return of the goods. If the defect is identified, the item will be replaced and the cost of returning the item will be refunded.
HOW WE WILL REFUND YOU
We will refund you the price you paid for the products, by the method you used for payment. However, we may make deductions from the price, as described below.
DEDUCTIONS FROM REFUNDS
If you are exercising your right to change your mind:
We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling or using them in a way which would not be permitted in a shop – for example riding a scooter outdoors. Please refer to our Returns Policy for more information about what handling is acceptable and examples. Please note that we will always apply a deduction if you return the product to us heavily soiled, scratched, or dented. If we refund you the price paid before we can inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
WHEN YOUR REFUND WILL BE MADE
We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.
OUR RIGHTS TO END THE CONTRACT
WE MAY END THE CONTRACT IF YOU BREAK IT
We may end the contract for a product at any time by writing to you if:
you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or
you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
WE MAY END A FINANCE AGREEMENT CONTRACT IF YOU BREAK IT
Should a customer enter a finance repayment agreement with us instead of a third party, we reserve the right to collect the bike and keep any payments made if:
You fail to make 2 consecutive payments as agreed in the plan.
You break the contract by not making agreed payments.
Should a customer enter a finance agreement with PayPal or another 3rd party provider, the terms and conditions of the provider apply.
YOU MUST COMPENSATE US IF YOU BREAK THE CONTRACT
If we end the contract, we will refund any money you have paid in advance for products we have not provided, but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of you breaking the contract.
WE MAY WITHDRAW THE PRODUCT
We may write to you to let you know that we are going to stop providing the product. If we do this, we will let you know as soon as possible in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products that will not be provided.
IF THERE IS A PROBLEM WITH THE PRODUCT
HOW TO TELL US ABOUT PROBLEMS
If you have any questions or complaints about the product, please contact us at firstname.lastname@example.org or use our online chat. You can telephone our customer service team at 020 8671 6044 or write to us at 60 the Highway Wapping, London E1W 2BF
SUMMARY OF YOUR LEGAL RIGHTS
We are under a legal duty to supply products that are of satisfactory quality and are in conformity with this contract. Nothing in these terms will affect your legal rights.
YOUR OBLIGATION TO RETURN REJECTED PRODUCTS
If you wish to exercise your legal rights to reject products, you must either return them to us or allow us to collect them.
PRICE AND PAYMENT
WHERE TO FIND THE PRICE FOR THE PRODUCT
The price of the product, which includes VAT (Value Added Tax), will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of the product advised to you is correct. However please see below for what happens if we discover an error in the price of the product you order.
WE WILL PASS ON CHANGES IN THE RATE OF VAT
If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
WHAT HAPPENS IF WE GOT THE PRICE WRONG?
It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
WHEN YOU MUST PAY AND HOW YOU MUST PAY
You must pay for the products before we dispatch them.
- WE ONLY ACCEPT BANK TRANSFERS TO OUR CONTACT AS INDICATED ON THE INVOICE
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
WE ARE RESPONSIBLE TO YOU FOR FORESEEABLE LOSS AND DAMAGE CAUSED BY US
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
WE DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO.
This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are:
as described and match the information we provided to you and any sample or model seen or examined by you
of satisfactory quality
fit for any particular purpose made known to us; and
for defective products under the Consumer Protection Act 1987.
HOW WE MAY USE YOUR PERSONAL INFORMATION
OTHER IMPORTANT TERMS
WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
NOBODY ELSE HAS ANY RIGHTS UNDER THIS CONTRACT (EXCEPT SOMEONE YOU PASS YOUR GUARANTEE ON TO)
This contract is between you and us. No other person shall have any right to enforce any of its terms.
IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of you breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS
These terms are governed by English Law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts