PROJECT42 CONSUMER TERMS OF SALE
CONSUMER TERMS OF SALE
Thank you for choosing Project42. Please read these Terms and Conditions carefully. Your purchase is from Project42 Future Tech Limited ('Project42) or such other Project42 legal entity as may be identified in your order confirmation. Please
1. Consumer Terms and Application
1.1 These terms and conditions govern the sale of Products by Project42 directly to you through Project42’s online store at http://proj42.co.uk or through telephone orders only and are referred to as the “Consumer Terms”. The words “you” and “your” in these Consumer Terms mean you, being an individual or individuals purchasing Product(s) from Project42 for purposes which are outside your trade, business or profession. Please note that Project42 will not accept liability for any losses or damage incurred by any business, trade or profession carried on by you or any other person using Product(s) purchased under these Consumer Terms.
1.2 These are the key definitions in these Consumer Terms and Project42's Returns and Cancellations Policy:
“Project42 Warranty” means the standard warranty provided by Project42 in respect of any Project42 Product as set out in clause 5.1;
“Contract” means the contract for the sale of Products by Project42 directly to you in accordance with these Consumer Terms;
“Project42’s Online Store” means Project42’s online store at http://proj42.co.uk;
“Project42 Product” means Project42 branded Product;
“Description” means the descriptions of Project42 Product(s) found at Project42’s Online Store;
“Intellectual Property” means any patents, registered and unregistered trade marks, registered and unregistered service marks, database rights, registered and unregistered designs and applications for all of the above, copyright, know-how, trade and business names, domain names, moral rights and any other similar protected rights in any country;
“Product(s)” means the electrically powered self-balancing mono-wheel personal transporters listed on Project42’s Online Store which Project42 agrees to sell to you in accordance with these Consumer Terms;
"Shipping" is a service provided by an external company hired by Project42 on behalf of the customer.
“Third Party Product” means any Product which is not Project42 branded and is available for purchase by you in accordance with these Consumer Terms;
The rights you have under these Consumer Terms are in addition to and do not affect the statutory rights and remedies you have under applicable consumer protection law. In the event of conflict between these Consumer Terms and applicable consumer protection law, your statutory rights under applicable consumer protection law shall prevail.
2. Order and Acceptance
2.1 You may place an order for Product(s) directly with Project42 either online or by telephone. The placing of an order by you represents your offer to buy subject to these Consumer Terms. Please note that the Contract between you and Project42 is formed only when Project42 accepts your order by issuing you with an Order Confirmation in writing.
2.2 Any Products forming part of your order which are not detailed in Project42’s Order Confirmation do not form part of that Contract. If you notice any inaccuracies or errors in your Order Confirmation, you must contact Project42 promptly upon receipt, and ideally immediately, so that Project42 has an opportunity to correct any mistake or clarify any misunderstanding before commencing delivery/performance.
2.4 If Project42 is unable to fulfil your order, Project42 will notify you, and any payment received by Project42 will be promptly returned.
3. Price and Payment
3.1 Project42 requires payment in full prior to delivery/performance, and will suspend delivery and performance until full payment is received. The price to be paid by you will be set out in the Order Confirmation. All prices are inclusive of VAT at the prevailing rate but are not inclusive of delivery charges unless otherwise stated. Your method of payment will be as set out in the payment information on Project42’s Online Store.
3.2 In the unlikely event of any discrepancy between the price set out in the Order Confirmation, and the price stated on Project42’s Online Store or other advertising, you should contact Project42 immediately.
3.3 If you are buying the Product(s) in the UK or any European Union member state you will be charged VAT at the time of Purchase.
4. Delivery, Ownership and Risk
4.1 It is important that you examine the Product(s) carefully upon delivery. If you discover that anything listed in your Order Confirmation is missing, incorrect or damaged, you must promptly notify Project42 in writing or by email. This will give Project42 the opportunity to suggest an appropriate solution, which may include a price refund, replacement, or repair services.
4.3 Once Project42 delivers Product(s) to you (or your representative) you will take on the risk of damage to or loss of the Product(s)
4.4 Ownership of Product(s) will pass to you once Project42 receives payment in full, or when Project42 delivers the Product(s) to you (or your representative), whichever is later. That transfer of ownership of the Product does not mean that you own any Intellectual Property in the Products you purchase from Project42. Ownership of such Intellectual Property remains with Project42 and any applicable software licensors. If the Contract is terminated before that passing of ownership occurs, Project42 may recover any Product(s) supplied to you and you agree to assist Project42 in such circumstances.
4.5 Project42 retains title to all Project42-owned Intellectual Property in Products.
5. Repair or Replacement – Project42 Product Warranty
5.1 Project42 warrants that Project42 Product shall: (i) conform to its Product Description, and (ii) be free from material defects for a period of one year from date of delivery.
5.2 Under the Project42 Warranty, subject to clauses 5.2.1 – 5.2.5 inclusive and clauses 5.3 and 5.4 below, Project42 shall repair or replace the Project42 Product if it develops a material fault in the period of one year from date of delivery, on condition that:
5.2.1 The Project42 Product has only been subject to normal use in a non-commercial environment in a manner which is consistent with the specification, functionality and service standards described in the Project42 Product Description;
5.2.2 Reasonable care has been taken of the Project42 Product, and it has only been subjected to reasonable wear and tear;
5.2.3 The fault has not been caused or contributed to by wilfully or negligently caused damage, or any accident, or being in environmental conditions harmful to the Project42 Product, or by third party software or hardware, which has not been supplied by Project42, loaded onto or connected to the Project42 Product;
5.2.4 The Product42 Product has not been previously disassembled modified or repaired by any third party; or
5.2.5 The fault has not been caused or contributed to by storage or use in environmental conditions harmful to the Product42 Product.
5.3 Project42’s obligation to repair or replace under clause 5.2 above does not apply to:
5.3.1 Consumable components such as batteries;
5.3.2 Parts which are not critical to Product function, or
5.3.3 Cosmetic features of the Product.
5.4 The Project42 Warranty only applies to Products returned to us with our prior agreement in accordance with our directions and at your expense. Any claim under the Project42 Warranty must quote the serial number of the Product(s) and be supported by a photocopy or the original of Project42's receipt for the payment for the Product(s) .Any Project42 Product returned to us in contravention of this clause 5.4 is not covered by the Project42 Warranty.
5.5 Project42 will repair Project42 Product using parts which are new or refurbished parts which are equivalent to new and replace Project42 Product with a Product which is new or refurbished and equivalent to new and which in each case will work for at least the remainder of the warranty period.
5.6 You will own all replacement Products and/or parts. Project42 shall own any Product and/or parts that are replaced in accordance with this warranty, and, if requested by Project42 to do so, you must return them to Project42. The costs of returning such removed parts or replaced Product(s) will be borne by Project42.
5.7 Project42 will pass to you, to the extent that Project42 is permitted to do so, the benefit of any warranty or guarantee given by the manufacturer or supplier of Third Party Product. Without prejudice to your rights against Project42, Project42 may therefore ask Third Party Product manufacturers and/or Third Party Software licensors to fulfil their obligations to you under such warranties and guarantees and seek to ensure that such manufacturers and/or licensors do so with reasonable skill and care and within a reasonable period.
5.8 Your statutory rights in relation to the Products sold to you are not affected by this Project42 Product warranty.
6.1 You can cancel the purchase of any Project42 Product before it is dispatched and following the dispatch of the Project42 Product you my may return it for a refund provided that you follow the procedure set out below:
6.1.1 You need to notify Project42 know that you have decided to cancel within 14 calendar days of the date that you order the Project42 Product - you can do this by phone or email - and you must then return the Project42 Product to Project42 at your own expense to the return address we notify to you within 14 calendar days of the date that you notify us that you want to cancel.
6.1.2 Any returned Project42 Product must be returned to Project42 unused and in the original condition you received it from Project 42 together with the undamaged original packaging, all items and literature enclosed with the Project42 Product and a photocopy or the original of Project42's receipt for the payment for the item. You are responsible for the cost of returning the Project42 Product to Project42.
6.1.3 You must take reasonable care of the Project42 Product following receipt and package it adequately to avoid damage in transit.
6.2 We advise you to send the Project42 Product back by a recorded post service and obtain a proof of postage as we cannot be held liable for any goods lost in transit to us. The Project42 Product will be your responsibility until it is delivered to the return address we notify to you.
6.3 On receipt of the Project42 Product in undamaged condition in accordance with the terms of clause 6.1 we will refund the full purchase price to you using the same payment method you used. If the Project42 Product is not returned to Project42 in undamaged condition in accordance with the terms of clause 6.1, Project42 may in its absolute discretion decline to make a refund or reduce the amount of the refund to reflect any reduction in the value of the Project42 Product resulting from your failure to comply with clause 6.1
6.4 This returns policy does not take away any statutory rights you may have
7. Assignment and Subcontracting
The Contract formed under these Consumer Terms is personal to you and you are not permitted to assign or transfer it to any other person without Project42’s prior written consent. Project42 has the right to assign the Contract to any company or entity for business reasons.
8. Limitation of Project42’s Liability
8.1 The Products are supplied only for use in a domestic, non-commercial, environment in a manner which is consistent with the specification, functionality and service standards described in the Product Description. Project42 shall not be liable for losses relating to any business of yours, such as lost revenue, income or profits, lost data or business interruption.
8.2 You must take reasonable care of the Products in accordance with the guidance for the care and maintenance of the Product(s) set out in any user instructions and/or manual supplied by Project42.
8.3 You must use the Product(s) strictly in accordance with all safety advice set out in any user instructions and/or manual supplied by Project42.
8.4 Products are not tested or stated to be fit for any particular purpose unless expressly stated in the Product Description and any term warranty or condition expressed, implied, or statutory to the contrary is excluded to the maximum extent permitted by law. You must rely upon your own skill and judgment in assessing the suitability of Product(s) for any particular purpose.
8.5 All terms (expressed or implied) relating to the quality of Products are warranties only, the breach of which gives no right to reject the Product(s) or repudiate the contract.
8.6 Neither you nor Project42 shall be responsible for any losses suffered as a result of a breach of this agreement by the other party, except to the extent that those losses are a foreseeable consequence of the breach. If any Product develops a fault, you should promptly notify Project42 and seek our advice.
8.7 Neither you nor Project42 will be liable for any delay or failure to perform its obligations under these Consumer Terms if such delay or failure is caused by an event or events beyond its reasonable control, such as for example and without limitation: third party strike action, terrorism, war, natural disasters, severe weather, unforeseeable manufacturing or transport disruption affecting suppliers.
8.8 Project42's liability (in contract, tort or otherwise) arising from a breach of an contract under these terms and conditions to sell you any Product(s) shall not exceed the invoice price of the Product(s) sold to you under the contract. This limit will not apply to any liability of Project42 for death or personal injury resulting from negligence.
9. Privacy and Data Protection
9.2 You consent to the processing of your personal data in accordance with the above.
It is agreed:
10.1 If you breach these Consumer Terms and Project42 takes no action, Project42 will still be entitled to exercise its rights and remedies in respect of that breach at a later date, or in any other situation where you breach these Consumer Terms.
10.2 This Agreement is the entire contract between you and Project42 with respect to its subject matter and supersedes all prior oral and written understandings, communications, or agreements between you and Project42
10.3 If any provision of any these Consumer Terms is found to be unenforceable or unreasonable for any reason whatsoever, then the rest of Consumer Terms shall not affected by the unenforceable or unreasonable part shall remain effective and binding upon you and Project42.
11. Amendments to these Consumer Terms
Project42’s standard terms and conditions of sale can be viewed on http://proj42.co.uk Project42 will update these from time to time, giving thirty (30) days prior notice on the site of any changes which are to be introduced. Any future changes will not affect Contracts already concluded, unless the changes are required to be made and given retrospective effect by any law or government authority (in which case it will apply to Contracts if required to do so).
12. Law and Jurisdiction
The Contract is governed by English law, and the courts of England and Wales shall have exclusive jurisdiction in relation to the Contract.
Privacy and Data Security
At Project42, your right to privacy and security is a major concern. Below are the guidelines we use for protecting your personal information. Please read the following carefully.
Project42 respects your privacy. We only collect, store and use your personal information for defined purposes. We use your information to support and enhance our relationship with you, for example, to process your purchase, provide service and support, and share product, service and company news and offerings with you. You also may ask to see the personal data you have given us and request amendment, correction or deletion. We strive to protect the security of your personal data by use of appropriate measures and processes.
This statement sets out the purposes for which, and the ways in which, we may collect and use personal information that we may obtain about you. By either registering as a user of any services provided by Project42 on this website and/or by using the Project42 website generally you consent and agree to this use by us.
Project42 does not knowingly collect data from any unsupervised person under the age of 18. If you are under the age of 18, you must not use the Project42 website or submit any personal data to us unless you have the consent of, and are supervised by, a parent or guardian.
The Information Project42 Collects About You
When you register and use this site:
You will be asked to provide certain information such as your name, contact details and possibly credit card or other payment details. We will store this data and hold it on computers or otherwise. We will use this data to fulfil our agreement with you.
Project42 uses your personal information for specific purposes
We may use information that you provide or that is obtained by us:
We may use your information to make decisions about you using computerized technology, for example automatically selecting products and/or services which we think will interest you from the information we have.
we may keep you informed of such products and services (including products and services of other companies and businesses and including special offers, discounts, offers, competitions, warranties, insurance and so on) which we consider may be of interest to you by any of the following methods: Email, Telephone (including automated calls),SMS text messages and other electronic messages such as picture messaging, Post or ) otherwise;
If you do not wish to receive information of products and services which may be of interest to you from us or carefully chosen third parties, please notify us on firstname.lastname@example.org
We may engage third party payment providers to administer and process your payment card details in order to complete any purchase that you make through the website.
We may store and process your information on our own information technology systems or on systems owned by third parties that may store and process your information on our behalf.
When Project42 Will Share Your Personal Information
We may give information about you to the following companies and organizations who may use it for the same purposes as set out above:
If so, Project42 will seek to ensure that your information is only used in connection with the functions these parties will be performing for Project42 and that all such information is treated in a confidential manner.
Project42 will disclose your personal information to the extent required or authorized by applicable law, if ordered or required to do so by a court or enforcement authority as appropriate, or to ensure that we are in compliance with our legal obligations.
In carrying out the activities specified in this policy, we may transfer data to reputable companies outside the European Economic Area.
We are required to provide you with clear and comprehensive information about the cookies which we use on the site and to obtain your consent to the use of the cookies. In order to comply with these requirements we have prepared a cookies policy setting out information about cookies, detailing the cookies we use and providing information on how to manage cookies on your computer.
We will treat all of your information in strict confidence and we will endeavour to take all reasonable steps to protect your personal information. However, we cannot guarantee the security of any data you disclose online. You accept the inherent security risks of providing information and dealing online over the Internet and will not hold us responsible for any breach of security unless this is due to our negligence or wilful default.
Upon your request and within 40 days we will inform you about the type of personal information we hold about you, the purposes for which we hold it and the possible recipients or types of recipients. Upon written request and within a reasonable period of time we will also amend, correct, delete or cease to process personal information if that information proves to be factually inaccurate, incomplete, or irrelevant to the purpose(s) of the processing.
The website is operated by Project42 Future Tech Limited (Project42/we/our/us) a company incorporated in England (company number 09226825) with its registered office at 1 Westminster Bridge Road London SE1 7XW.
This website may contain links to enable you to visit other websites of interest. However, once you have used these links to leave our site you should note that we do not have any control over any other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting other sites and such sites are not governed by this Privacy Statement. You should exercise caution and read the Privacy Statement applicable to the website in question.