Bike Sales Terms & Conditions
1. www.segway-ecosse.com is a site operated by Number14 Consulting Limited ("Number14" or "us"). Number14 Consulting Limited is registered in Scotland under company number SC 421417, VAT number 136 4663 06 and its registered office is at 14, The Logan, Liff, Dundee, United Kingdom, DD2 5PJ. Number14 Consulting Limited trading name is SegwayEcosse, and we sell and supply bicycles and bicycle equipment, clothing and accessories in the course of our trade and business. The trading address (“the Store”) of SegwayEcosse is SegwayEcosse, Blair Castle Caravan Park, Blair Atholl, Pitlochry, United Kingdom, PH18 5SR. SegwayEcosse can be contacted in writing at the address above, by telephone on +44 0845 548 2270 or by e-mail via firstname.lastname@example.org.
2. 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.
3. 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 you and us that any and all ancillary items are additional to such contract unless specifically detailed within the sales invoice/order form.
4. The "Price" shall mean the amount payable to SegwayEcosse 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. If you select a delivery country outside the EU, prices will be displayed VAT free.
5. 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 SegwayEcosse. 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.
6. 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.
7. After placing an order, you will receive an email from us that acknowledges our receipt of your order for the Goods, and the delivery services you have requested from the delivery service provider (the “Order Acknowledgement”). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to SegwayEcosse 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 all of the relevant details of your order and sets out the expected dispatch and delivery dates for the Goods (the "Order Confirmation"). The contract between you and SegwayEcosse will only be formed when we send you the Order Confirmation.
8. The contract will relate only to those Goods whose dispatch (by the delivery service provider) we have confirmed in the Order 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 Order Confirmation.
How to cancel/return Goods
9. You may cancel your order for all Goods, except for gift cards and e-gift vouchers, at any time up to the end of the 90th 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 14th 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 order for the Goods nor will you have to pay any penalty.
10. In order to return your unwanted Goods you should either i) bring your Goods and proof of purchase back to the SegwayEcosse Store, or ii) follow our returns and cancellation procedure as detailed on the return’s form that is included with your order, before the end of the 90th day from the date you receive the ordered Goods (or before the end of the 14th day from the date you receive the gift card or e-voucher).
11. Unless the Goods being returned are faulty, they must be returned in a saleable condition. All bikes and accessories must be treated with respect until you are certain you are keeping them. SegwayEcosse shall be entitled to refuse a return in the event that the Goods are returned in an unsaleable condition.
12. If you have received the Goods before you cancel your order then you must send the Goods back to us at your own cost and risk. If you cancel your order 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.
13. Once you have notified us that you are returning the Goods, any sum debited to SegwayEcosse from your debit or credit card will be re-credited to your account as soon as possible, and in any event within 14 days of your return/cancellation request PROVIDED THAT the Goods in question are returned by you, and received by us, in the condition they were in when delivered to you. Please note we are permitted by law to reduce your refund to reflect any reduction in the value of the Goods as a result of your handling of the Goods.
14. You are responsible for the cost of returning any non-faulty Goods to SegwayEcosse. 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.
15. 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. Although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). 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.
16. 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.
17. For all complaints please contact the SegwayEcosse head office using the contact details found on our contact us page.
What happens if your Goods are faulty?
18. Please contact our Customer Service team on +44 0845 548 2270 to discuss and we will aim to resolve the issue as quickly as possible. SegwayEcosse will work with you to ensure that you receive a resolution that is in compliance with your consumer rights.
19. Please note that in the event of a damaged or defective product claim, you shall be required to return such Goods to us for inspection and report (without any obligation on us to replace the said Goods prior to such inspection) and you confirm that it shall be reasonable for us to inspect 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 damage, defect or other failure prior to contacting independent third parties or incurring expense and to allow us to remedy the damage, defect or failure.
Cancellation by SegwayEcosse
20. 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 14 days of the date of cancellation. We will not be obliged to offer any additional compensation for disappointment suffered.
21. SegwayEcosse does not offer you the right to an exchange of Goods.
22. 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.
23. 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.
24. For orders placed by customers’ resident in the UK you have the option of either store collection (“Click & Collect”) or delivery to a UK address only. SegwayEcosse does not offer an overseas delivery service. Click & Collect is free and available at the SegwayEcosse Store. If you elect to have your goods delivered you can choose from standard delivery or either next day or Saturday/Sunday delivery for an additional fee. Please refer to the 'UK Delivery' section of our website www.segway-ecosse.com for details of the delivery options available.
25. 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.
26. We will use our reasonable endeavours to deliver the Goods or services within the times indicated. However, where delivery times and dates are given, they are for general guidance only and we will not be held liable for late delivery of Goods caused by circumstances beyond our reasonable control.
27. 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.
28. If the Goods we deliver are not what you ordered or are damaged or defective, please contact our team as soon as possible on +44 0845 548 2270 so that we can resolve the issue. All such issues are dealt with on a case by case basis.
29. You must observe and comply with all applicable regulations and legislation, in respect of the Goods you purchase.
30. 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 us of 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.
31. 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 or as a result of fraud by SegwayEcosse or any of its employees or agents. These disclaimers and exclusions shall be governed by and construed in accordance with Scottish Law. If any provisions of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
Password / Account Security
32. You are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account. It is important that you keep your personal details and password confidential and secure. If you have any reason to suspect that your password has become known by someone else, has been or is likely to be used without your authorisation, you should change your password or contact us immediately. SegwayEcosse shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.
33. You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the terms and conditions by you or any other liabilities arising out of your use of the www.segway-ecosse.com.com, or the use by any other person accessing www.segway-ecosse.com using your shopping account and/or your personally identifiable information.
Installation and Use of Goods
34. 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.
35. 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.
36. 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.
37. 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.
38. 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
39. We shall accept no liability in respect of any failure to deliver Goods you have ordered or any delay in doing so 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
40. 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).
41. These terms and conditions shall be governed by and interpreted in accordance with Scottish Law and industry custom and practice, and the Scottish courts shall have exclusive jurisdiction in respect of any claims or disputes (whether contractual or non-contractual) arising therefrom.
Alternative Dispute Resolution
43. SegwayEcosse will always try to resolve complaints as quickly as possible. However, if we’ve not resolved your complaint to your satisfaction, you can refer the issue to the independent “Alternative Dispute Resolution” (“ADR”) service provided by The Retail Ombudsman (see the Ombudsman’s website here). Provided your complaint is in their remit, they will investigate your complaint free of charge.
43. If you have purchased your goods online, you also have the right to pursue Online Dispute Resolution (“ODR”) through the ODR Platform, accessible via the following url: www.ec.europa.eu/odr.
44. Please note that although you have the right to bring a complaint to The Retail Ombudsman, or through the ODR Platform, SegwayEcosse is not legally bound to comply with the ADR/ODR process and, therefore, shall be entitled to elect not to participate in the event that you do bring such a claim.
Changes to these terms and conditions
45. We may revise these terms and conditions at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in these terms and conditions may also be superseded by provisions or notices published elsewhere on our site.
47. All orders you place on www.segway-ecosse.com, will be subject to our acceptance in accordance with these terms and conditions.
48. Please note the price you pay for Goods supplied by SegwayEcosse, and the delivery service provided by the delivery service provider, is the price displayed on this website at the time we receive your order. Whilst we try and ensure all prices on www.segway-ecosse.com are accurate, errors may occur. Should we discover an error in the price of Goods you have ordered we will inform you as soon as possible. At this time, we will give you the option of reconfirming your order at the correct price, or cancelling it and receiving a full refund of any monies paid in relation to those Goods. If we are unable to contact you, we will treat the order as cancelled.
49. All specifications are advised by the manufacturer, however these can be subject to change by the manufacturer at any time, without prior warning.
SegwayEcosse Tour Voucher – Terms and Conditions
No change will be given for any unused portion of a SegwayEcosse Tour Voucher.
SegwayEcosse Tour Vouchers cannot be used to pay for other Goods or Services.
SegwayEcosse Tour Vouchers have no cash redemption value and are not transferable or assignable.
SegwayEcosse Tour Vouchers will expire two years from the date of purchase.
Normal SegwayEcosse terms and conditions of purchase and use of the www.segway-ecosse.com website apply.
SegwayEcosse is not responsible if a SegwayEcosse Tour Voucher is lost, stolen, destroyed or used without permission. Please safeguard the SegwayEcosse Tour Voucher as if it were cash.
SegwayEcosse reserves the right to refuse to accept a SegwayEcosse Tour Voucher if SegwayEcosse reasonably suspects it to have been tampered with, duplicated or otherwise subject to fraud.
SegwayEcosse reserves the right to amend these terms and conditions if it considers it reasonable and necessary to do so. SegwayEcosse Tour Vouchers are issued by Number14 Consulting Limited, registered office 14, The Logan, Liff, Dundee, United Kingdom, DD2 5PJ
Acceptable Use Policy
This acceptable use policy sets out the terms between you and us under which you may access www.segway-ecosse.com (hereinafter the “Website”). This acceptable use policy applies to all users of, and visitors to, our Websites.
Your use of our Websites means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our Terms and Conditions and the Privacy and Cookie policies.
The Website may only be used by you for lawful purposes and may not, in any way or event, be used:
1. In any way that is unlawful (under local, national or international law) or fraudulent, or has any unlawful or fraudulent purpose or effect;
2. For the purpose of harming or attempting to harm minors in any way;
3. To send, knowingly receive, upload, download, use or re-use any material which does not lawfully belong to you;
4. To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
5. To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of the Websites, or any computer software or hardware.
You also agree:
1. Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms and conditions;
2. Not to access without authority, interfere with, damage or disrupt:
any part of our site;
any equipment or network on which our site is stored;
any software used in the provision of our site; or
any equipment or network or software owned or used by any third party.
We may from time to time provide on the Websites interactive services, including, but not limited to product reviews and customer feedback. Any interactive service will be provided with information as to the kind of service offered, if it is moderated and what form of moderation is in use (including whether it is human or technical).
When contributing to the Website through an interactive service you must ensure that your contributions must:
1. Be accurate (where they state facts);
2. Be genuinely held (where they state opinions);
3. Comply with all applicable law in the UK and in any country from which they are posted.
Contributions by you to the Website must not:
1. Contain any material which is defamatory of any person;
2. Contain any material which is obscene, offensive, hateful, or inflammatory;
3. Contain any sexually explicit material;
4. Contain, condone or promote violence;
5. Contain, condone or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
6. Infringe any copyright, database right or trade mark of any other person;
7. Be likely to deceive or defraud any person;
8. Contain, condone or promote any illegal activity;
9. Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
10. Be likely to harass, upset, embarrass, alarm or annoy any other person;
11. Be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
12. Give the impression that they emanate from us or any of our partners, if this is not the case.
Any material you upload to the Website will be considered non-confidential and non-proprietary, and in uploading such material you grant to us the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy.
Linking to our site
You may add a link to our Website to any website owned or controlled by you, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. Any such link must not suggest, in either an explicit or implied manner, any form of association, approval or endorsement on our part where none exists. The website from which you are linking must comply in all respects with the content standards set out in this acceptable use policy.
The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page. We reserve the right to withdraw linking permission without the need to give a reason and without notice. If you wish to make any use of material on our site other than that set out above, please email your request to email@example.com.
Links from our site
Links on the Website to other sites and resources provided by third parties, are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Suspension and termination
We will determine, at our discretion, whether there has been a breach of this acceptable use policy through your use of the Website. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this acceptable use policy constitutes a material breach of the terms and conditions upon which you are permitted to use the Website, and may result in our taking all or any of the following actions:
1. Issue of a warning to you;
2. Immediate, temporary or permanent withdrawal of your right to use the Website;
3. Immediate, temporary or permanent removal of any posting or material uploaded by you to our Website;
4. Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
5. Further legal action against you;
6. Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
Changes to the privacy and acceptable use policies