STANDARD TERMS AND CONDITIONS FOR THE SALE OF GOODS
Thank you for choosing Uniwheel Ltd.
Please read the following documents before ordering from Uniwheel or using
any Uniwheel products:
We recommend you print a copy of these documents for future reference.
These Terms and Conditions are the standard terms for the sale of goods by Uniwheel Limited, a Limited Company registered in England under number 09657577,whose registered address is 1 Westminster Bridge Road, London, SE1 7XW, United Kingdom.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
means, any day other than a Saturday, Sunday or bank holiday;
means any day of the year;
means a delivery of Goods, the character and/or value of which would be materially impaired if divided;
means the contract for the purchase and sale of Goods, as explained in Clause 3;
means the Cookies Notice set out at schedule 2
means the goods which are to be supplied by Us to you as specified in your Order (and confirmed in Our Order Confirmation and/or Invoice);
means a calendar month;
means your order for the Goods;
means Our acceptance and confirmation of your Order as described in Clause 3;
means the Safety Notice set out at schedule 1
means Uniwheel Limited, a Limited Company registered in England under number 09657577,whose registered address is 1 Westminster Bridge Road, London, SE1 7XW or such other Uniwheel legal entity as may be identified in your order confirmation or invoice.
1.2 Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications sent by e-mail, post or other means.
1.3 These Terms and Conditions do not apply to customers purchasing Goods in the course of business. If you are a business customer, please consult our Business Terms of Sale.
2. Information About Us
2.1 Uniwheel Limited, is a Limited Company registered in England under number 09657577, whose registered address is 1 Westminster Bridge Road, London, SE1 7XW.
2.2 Our Online Store, https://proj42.co.uk/, is owned and operated by Uniwheel Limited, a limited company registered in England under 09657577, whose registered address is 1 Westminster Bridge Road, London, SE1 7XW, United Kingdom.
2.3 Access to Our Online Store is free of charge.
2.4 It is your responsibility to make any and all arrangements necessary in order to access Our Online Store.
2.5 Access to Our Online Store is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Online Store (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Online Store (or any part of it) is unavailable at any time and for any period.
2.7 Uniwheel is a [Registered] trade mark of Uniwheel Limited. Any other product names, logos, brands, and other trademarks or images featured or referred to within this website and/or on any social media forum are the property of their respective trademark holders. These trademark holders are not affiliated with Uniwheel Limited or its website. We declare no affiliation, sponsorship, nor any partnerships with Uniwheels AG
3. The Contract
3.1 These Terms and Conditions govern the sale of goods by Us and will form the basis of the Contract between Us and you. Before making your Order, please ensure that you have read these Terms and Conditions carefully. If you are unsure about any part of these Terms and Conditions, please ask Us for clarification.
3.2 Nothing provided by Us including, but not limited to, sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our discretion, accept.
3.3 A legally binding contract between Us and you will be created upon Our acceptance of your Order, indicated by Our Order Confirmation and/or Invoice. Order Confirmations will be provided in writing.
3.4 We shall ensure that the following information is given or made available to you prior to the formation of the Contract between Us and you, save for where such information is already apparent from the context of the transaction:
3.4.1 The main characteristics of the Goods;
3.4.2 Our identity (set out above in Clause 2) and contact details (set out below in Clause 13);
3.4.3 The total Price for the Goods including taxes or, if the nature of the Goods is such that the Price cannot be calculated in advance, the manner in which it will be calculated;
3.4.4 Where applicable, all additional delivery charges or, where such charges cannot be calculated in advance, the manner in which they will be calculated;
3.4.5 Where applicable, the arrangements for payment, delivery and the time by which We undertake to deliver the Goods;
3.4.6 Our complaints handling policy;
3.4.7 We shall ensure that you are aware of Our legal duty to supply goods that are in conformity with the Contract;
3.4.8 Where applicable, details of after-sales services and commercial guarantees;
3.4.9 Where applicable, the functionality, including appropriate technical protection measures, of digital content; and
3.4.10 Where applicable, any relevant compatibility of digital content with hardware and software that We are aware of or might reasonably be expected to be aware of.
4. Description and Specification of Goods
4.1 We have made every reasonable effort to ensure that the Goods conform to illustrations, photographs and descriptions provided in Our sales and marketing literature. We cannot, however, guarantee that all descriptions, illustrations and/or photographs will be precisely accurate due to discrepancies that may arise during the printing process and differences in the colour reproduction of electronic displays.
4.2 If you receive any Goods that do not conform to the Contract, please refer to Clause 8.
4.3 If We find, or are made aware of, any typographical, clerical or other accidental errors or omissions in any sales and marketing literature, price lists or any other documents We will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible. If, as a result of any such error or omission, you have received the wrong Goods, you may return those Goods to Us as provided in Clause 8. If, as a result of any such error or omission, you have paid too much, We will refund the excess paid for the Goods.
4.4 We reserve the right to make any changes in the specification of the Goods that may be required to conform to any applicable safety or other legal or regulatory requirements without notice.
5.1 You may place an Order for Goods directly with Us either online, by telephone, or email. The placing of an order by You represents Your offer to buy Goods subject to these Terms and Conditions. Please note that the Contract between You and Us is formed only when We accept your Order by issuing You with an Order Confirmation or Invoice in writing.
5.2 You may cancel or amend your Order before We despatch the Goods by contacting Us. If you have already paid for the Goods under Clause 6, the payment will be refunded to you within 30 calendar days’ subject to the provisions of Clause 9. If you request that your Order be cancelled, you must confirm this cancellation in writing.
5.3 We may cancel your Order at any time before We despatch the Goods in the following circumstances:
5.3.1 The Goods are no longer in stock and We are unable to re-stock (if, for example, the Goods are discontinued). We cannot guarantee that Goods will always be available. Stock indications are not provided on Our Online Store; or
5.3.2 An event outside of Our control continues for more than 90 calendar days (please see Clause 12 for events outside of Our control).
5.4 If We cancel your Order under sub-Clause 5.5 and you have already paid for the Goods under Clause 6, the payment will be refunded to you within 30 calendar days. If We cancel your Order, the cancellation will be confirmed by Us in writing.
5.5 Any Goods forming part of your Order which are not detailed in Our Order Confirmation or Invoice do not form part of that Contract. If you notice any inaccuracies or errors in Your Order Confirmation or Invoice, You must contact Us promptly upon receipt, and ideally immediately, so that We have an opportunity to correct any mistake or clarify any misunderstanding before commencing delivery/performance.
6. Price and Payment
6.1 The Price of the Goods will be that shown in Our Online Store in force at the time of your Order. If the Price shown in your Order differs from Our current Price We will inform you upon receipt of your Order.
6.2 If We quote a Special Price which is different to the Price shown in Our current Online Store, the Special Price will be valid for 30 calendar days or, if the Special Price is part of an advertised special offer, for the period shown in the advertisement. Orders placed during this period will be accepted at the Special Price even if We do not accept the Order until after the period has expired.
6.3 Our Prices may change at any time but these changes will not affect any Orders that We have already accepted.
6.4 We have made every reasonable effort to ensure that Our Prices, as shown in Our current Online Store are correct. Prices will be checked when We process your Order. In the unlikely event of any discrepancy between the price set out in the Order Confirmation or Invoice, and the price stated on Our Online Store, other advertising, or via email you should contact Us immediately and We will ask you how you wish to proceed.
6.5 All Prices include VAT. If the rate of VAT changes between the date of your Order and the date of your payment, We will adjust the rate of VAT that you must pay. Changes in VAT will not affect any Prices where We have already received payment in full from you.
6.6 Our Prices exclude the cost of delivery unless otherwise stated. Delivery costs will be added on to the final sum due.
6.7 All payments for Goods must be made in advance before We can despatch the Goods to you.
6.8 If you do not make payment to Us by the due date as shown in/on your Order Confirmation or Invoice We may charge you interest on the overdue sum at the rate of 4% per annum above the base lending rate of The Bank of England from time to time. Interest will accrue on a daily basis from the due date for payment until the actual date of payment of the overdue sum, whether before or after judgment. You must pay any interest due when paying an overdue sum.
6.9 The provisions of sub-Clause 6.1 will not apply if you have promptly contacted Us to dispute an invoice in good faith. No interest will accrue while such a dispute is on-going.
7.1 Please note that from time to time delivery may not be possible within certain restricted countries or regions.
7.2 When We provide you with an Order Confirmation, We may provide an estimated delivery date. Please note that estimated delivery dates may vary according to the availability of Goods, your location, and circumstances beyond Our control.
7.3 Delivery will be deemed to have taken place when the Goods have been delivered to the delivery address indicated in your Order and you (or someone identified by you) have taken physical possession of the Goods.
7.4 If for any reason We are unable to deliver the Goods at your chosen delivery address, We or Our nominated carrier will leave a note informing you that the Goods may have been returned to Our premises, requesting that you contact Us or Our nominated carrier to arrange re-delivery.
7.5 The responsibility (sometimes referred to as the “risk”) for the Goods remains with Us until delivery is complete as defined in sub-Clause 7.4 at which point it will pass to you. Please note, however, that if you do not wish to use Our nominated carrier to deliver them, instead choosing your own carrier, the risk in the Goods will pass to you as soon as they are passed to your chosen carrier.
7.6 Ownership of Goods will pass to you once We receive payment in full, or when We deliver the Goods to you (or your representative), whichever is later. If the Contract is terminated before that passing of ownership occurs, We may recover any Goods supplied to you and you agree to assist Us in such circumstances.
7.7 Please note carefully the following:
7.7.1 If We refuse to deliver the Goods, you may treat the Contract as being at an end and We will reimburse you without undue delay.
7.7.2 If delivery of the Goods within the agreed time period or at the agreed time was essential (taking into account the relevant circumstances at the time the Contract was formed) and We fail to deliver, you may treat the Contract as being at an end and We will reimburse you without undue delay.
7.7.3 If you have told Us in writing prior to us accepting Your Order that delivery within an agreed time period or at an agreed time was essential and we agreed to Your request in writing and We fail to deliver, you may treat the Contract as being at an end and We will reimburse you without undue delay.
7.8 If any of the events in sub-Clause 7.8 occur you may, instead of treating the Contract as being at an end, specify a new delivery time or time period. If We continue to fail to deliver the Goods, you may treat the Contract as being at an end and We will reimburse you without undue delay.
7.9 If, despite the events in sub-Clause 7.8 and 7.9, you choose not to treat the Contract as being at an end, your right to cancel your Order or to reject the Goods will be unaffected. If you do so, We will reimburse you without undue delay.
7.10 If the Goods form a Commercial Unit, you may only reject or cancel all of the Goods, not a portion of them.
8. Faulty, Damaged or Incorrect Goods
8.1 By law, We must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information We have provided, and that match any samples or models that you have seen or examined (unless We have made you aware of any differences). If any digital content is included in the Goods, that digital content must also conform. If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect Goods, please contact Us as soon as reasonably possible to inform Us of the fault, damage or error, and to arrange for a refund, repair or replacement.
8.2 Beginning on the day that you receive the Goods (and ownership of them) you have a 30 Calendar Day right to reject the Goods and to receive a full refund if they do not conform as stated above. Alternatively, you may request a repair of the Goods or a replacement. We will bear any associated costs and will carry out the repair or replacement within a reasonable time and without significant inconvenience to you. In certain circumstances, where a repair or replacement is impossible or otherwise disproportionate, We may instead offer you a full refund. If you request a repair or replacement during the 30 Calendar Day rejection period, that period will be suspended while We carry out the repair or replacement and will resume on the day that you receive the replacement or repaired Goods. If less than 7 Calendar Days remain out of the original period, it will be extended to 7 Calendar Days. If, after a repair or replacement, the Goods still do not conform (or if We cannot do so as previously described, or have failed to act within a reasonable time or without significant inconvenience to you), you may have the right either to keep the Goods at a reduced price, or to reject them in exchange for a refund. If you exercise the final right to reject the goods more than six months after you have received the Goods (and ownership of them), We may reduce any refund to reflect the use that you have had out of the Goods.
8.3 Please note that you will not be eligible to claim under this Clause 8 if We informed you of any faults, damage or other problems with the Goods before your purchase of them; if you have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Goods for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage. Please also note that you may not return Goods to Us under this Clause 8 merely because you have changed your mind. Please refer to Clause 9 for details of what to do if you change your mind.
8.4 To return Goods to Us for any reason under this Clause 8, you may return them to Us by post or another suitable delivery choice. You may alternatively request that We collect the Goods from you. Please ensure that the Goods are ready for collection at the agreed time and location. We are solely responsible for collecting the Goods in this case, however We may appoint a third-party carrier to collect them in which case We will provide you with all relevant details. We will be fully responsible for the costs of returning Goods under this Clause 8 and will reimburse you where appropriate and where you have provided Us with a copy of the receipt for the cost of returning the Goods.
8.5 Refunds (whether full or partial, including reductions in price) under this Clause 8 will be issued within 14 calendar Days of the day on which We agree that you are entitled to the refund.
8.6 Any and all refunds issued under this Clause 8 will include all delivery costs paid by you when the Goods were originally purchased.
8.7 For full details of your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
9. Cancellations & Returning Goods If You Change Your Mind
9.1 If you are a consumer in the European Union, you have a legal right to a “cooling-off” period within which you can cancel the Contract for any reason. This period begins once your Order is complete and We have sent you your Order Confirmation or Invoice, i.e. when the Contract between you and Us is formed. You may also cancel for any reason before We send the Order Confirmation.
If you are not satisfied with any Goods purchased from Us you have the right to return them in exchange for a refund or a replacement, subject to the provisions of this Clause 9. This Clause 9 does not apply to Goods that are not in compliance with the Contract and your legal rights. For such Goods, please refer to Clause 8.
9.2 If you wish to return Goods to Us under this Clause 9 you must notify Us
9.2.1 within 14 calendar days after the day on which you (or someone you nominate) receive(s) the Goods where the Goods are being delivered to you in a single instalment (whether single or multiple items)
9.2.2 within 14 calendar days after the day on which you (or someone you nominate) receive(s) the final instalment of Goods where the Goods are being delivered in separate instalments on separate days
9.3 Cancellation by email or by post is effective from the date on which you send Us your message. Please note that the cooling-off period lasts for whole calendar days. If, for example, you send Us an email or letter by 23:59:59 on the final day of the cooling-off period, your cancellation will be valid and accepted.
9.4 We may ask you why you have chosen to cancel and may use any answers you provide to improve Our Goods and services, however please note that you are under no obligation to provide any details if you do not wish to.
9.5 Please note that you may lose your legal right to cancel under this Clause 9 if the Goods have been personalised or custom-made for you.
9.6 Please ensure that you return Goods to Us no more than 14 calendar days after the day on which you have informed Us that you wish to cancel under this Clause 9.
9.7 All Goods must be returned to Us in their original condition, in their original, un-opened packaging with all items and literature enclosed, accompanied by a copy of the original receipt.
9.8 You may return Goods to Us by post or another suitable delivery service of your choice. We advise you to send the Goods 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 Goods will be your responsibility until delivered to the return address we notify to You. You are solely responsible for the cost of returning Goods to Us under this Clause 9.
9.9 You must take reasonable care of the Goods following receipt and package adequately to avoid damage in transit. On receipt of the Goods they will be inspected to ensure they are in an undamaged condition in accordance with the terms of clause 9.
9.10 You may request that We collect the Goods from you. Please ensure that the Goods are ready for collection at the agreed time and location. You are solely responsible for the cost to Us of collecting the Goods under this Clause 9.
9.11 Refunds or replacements will be issued using the same payment method you used within 30 calendar days of Our receipt of the Goods if you return Goods to Us by post or similar delivery service or if We collect the Goods from you.
9.12 If the Goods are not returned to Us in an undamaged condition in accordance with the terms of clause 9, We may at Our absolute discretion decline to make a refund or reduce the amount of the refund to reflect any reduction in the value of the Goods resulting from your failure to comply with clause 9.
9.13 This returns policy does not take away any statutory rights you may have
10.1 As the retailer of the Goods, We guarantee that for a period of one year from the date of delivery, the Goods will be free from material defects and will repair or replace the Goods if they develop a material fault in this period. This guarantee is subject to the exceptions listed in sub-Clause 10.2.
10.2 Our guarantee does not apply to any defects in the Goods caused or contributed by:
10.2.1 use of the Goods in a non-domestic or commercial environment or in a manner which is inconsistent with the specification, functionality and service standards described in the Product Description;
10.2.2 Normal wear and tear;
10.2.3 Deliberate damage and/or misuse of the Goods;
10.2.4 Accidental damage;
10.2.5 Using, transiting or storing the Goods in environmental conditions harmful to the Goods;
10.2.6 Loading or connecting to the goods any third-party software or hardware, which has not been supplied or authorised by Us;
10.2.7 Failure to use the Goods in accordance with their instructions; or
10.2.8 The disassembling, modification, alteration or repair of the Goods by you or any third party that is not authorised by Us.
10.3 Our obligation to repair or replace under clause 10 above does not apply to:
10.3.1 Consumable components such as batteries;
10.3.2 Parts which are not critical to Product function, such as the app, or
10.3.3 Cosmetic features of the Product.
10.4 Our guarantee only applies to Products returned to us with our prior agreement in accordance with our directions and at your expense. Any claim under the Our guarantee must quote the serial number of the Product(s), be supported by a photocopy or the original of the receipt for the payment for the Product(s), and the guarantee card. Any Goods returned to us in contravention of this clause 10 is not covered by Our guarantee.
10.5 We will repair Goods using parts which are new or refurbished parts which are equivalent to new and replace Goods 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 guarantee period.
10.6 You will own all replacement Products and/or parts. We shall own any Product and/or parts that are replaced in accordance with this guarantee, and, if requested by Us to do so, you must return them to Us. The costs of returning such removed parts or replaced Product(s) will be borne by Us.
10.7 As the retailer, We will pass to you, to the extent that We are permitted to do so, any guarantee or guarantees stated in Clause10 for supplier of any Third Party Product or from the manufacturer. Without prejudice to your rights against Us, We may therefore ask Third Party Product manufacturers and/or Third Party Software licensors to fulfil their obligations to you under such guarantees and guarantees and seek to ensure that such manufacturers and/or licensors do so with reasonable skill and care and within a reasonable period. For further details and terms please refer to the Third Party Product manufacturer’s guarantee documentation supplied with the Goods.
10.8 Our guarantee exists in addition to your legal rights as a consumer. More information on your rights as a consumer can be obtained from your local Citizens Advice Bureau or Trading Standards Office.
11. Our Liability
11.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence (including that of Our employees, agents or sub-contractors). Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable. This includes, without limitation to the foregoing; insurance, road user charges, traffic and/or parking offence infringement fees. If any Goods develops a fault, you should promptly notify Us and seek our advice.
11.2 We only supply Goods for domestic, non-commercial and private use. We make no guarantee or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale). By making your Order, you agree that you will not use the Goods for such purposes. We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
11.3 You must take reasonable care of the Goods in accordance with the guidance for the care and maintenance of the Goods set out in any user instructions and/or manual supplied by Us.
11.4 You must use the Goods strictly in accordance with all applicable Acts, regulations, rules or bylaws and in accordance with all safety advice set out in any user instructions and/or manual supplied by Us and our Safety Notice.
11.5 Goods are not tested or stated to be fit for any particular purpose unless expressly stated in the Product Description and any term guarantee 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 Goods for any particular purpose.
11.6 All terms (expressed or implied) relating to the quality of Goods are guarantees only, the breach of which gives no right to reject the Goods or repudiate the contract.
11.7 Our liability (in contract, tort or otherwise) arising from a breach of contract under these terms and conditions to sell You Goods shall not exceed the invoice price of the Goods sold to you under the contract.
11.8 Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
11.9 Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.
12. Events Outside of Our Control (Force Majeure)
12.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
12.2 If any event described under this Clause 12 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
12.2.1 We will inform you as soon as is reasonably possible;
12.2.2 Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;
12.2.3 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;
12.2.4 If the event outside of Our control continues for more than 90 calendar days We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible;
12.2.5 If an event outside of Our control occurs and you wish to cancel the Contract, you may do so in accordance with your right to cancel under sub-Clause 5.4 above.
13. Communication and Contact Details
13.1 If you wish to contact Us, you may do so by telephone at +44 (0) 207 642 1397 or by email at email@example.com .
13.2 In certain circumstances you must contact Us in writing (when cancelling an Order, for example). When contacting Us in writing you may use the following methods:
13.2.1 Contact Us by email at firstname.lastname@example.org; or
13.2.2 Contact Us by pre-paid post at Uniwheel Limited, Sales Department, 1 Westminster Bridge Road, SE1 7XW London, United Kingdom.
14. Complaints and Feedback
14.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
14.2 If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:
14.2.1 In writing, addressed to Customer Relations, Uniwheel Ltd, 1 Westminster Bridge Road, SE1 7XW London, United Kingdom.
14.2.2 By email, addressed to Customer Relations at email@example.com;
14.2.3 By contacting Us by telephone on +44 (0) 207 642 1397.
15. How We Use Your Personal Information (Data Protection)
15.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
15.2 We may use your personal information to:
15.2.1 Provide Our Goods and services to you;
15.2.2 Process your payment for the Goods; and
15.2.3 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.
15.3 In certain circumstances (if, for example, you wish to purchase Goods on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
15.4 We will not pass on your personal information to any other third parties without first obtaining your express permission.
15.5 You consent to the processing of your personal data in accordance with the above
16. Intellectual Property
16.1 The transfer of ownership of the Goods does not mean that you own any Intellectual Property in the Goods you purchase from Us. Ownership of such Intellectual Property remains with Us and any applicable software licensors.
17. Other Important Terms
17.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs you will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms will be transferred to the third party who will remain bound by them.
17.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
17.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
17.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
17.5 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
17.6 If you breach these Consumer Terms and We takes no action, We will still be entitled to exercise our rights and remedies in respect of that breach at a later date, or in any other situation where You breach these Terms.
17.7 This Agreement is the entire contract between You and Us with respect to its subject matter and supersedes all prior oral and written understandings, communications, or agreements between You and Us.
18. Amendments to these Terms
18.1 Our standard terms and conditions of sale can be viewed at https://proj42.co.uk/terms-and-conditions. We 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).
19. Governing Law and Jurisdiction
19.1 These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with English law.
19.2 Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
Electric wheels, scooters and skateboards, just like normal skateboards, roller blades, scooters, bikes and any other wheeled vehicles can be dangerous. Some of the devices seen on our website can travel at speed of almost 19 miles an hour. It’s possible to cause serious damage to yourself, especially, if the user does not take sensible safety precautions. Uniwheel strongly recommends to always wear safety equipment (helmet, shin, knee, elbow and wrist pads) while attempting to ride any device purchased from Uniwheel Online Store.
Products sold on the Uniwheel Online Store have different waterproof and dustproof ratings. While most of them operate well in wet weather conditions, Uniwheel strongly discourage customers from using the devices in wet weather conditions or times of day with low visibility. For more tips on operating electric wheels, click here .
By purchasing and using electric devices sold by Uniwheel Ltd the purchaser understands and voluntarily undertakes the risks involved in using an electric rideable device. Such risks and dangers include, but are not limited to: sprains, broken bones, bruises, cuts, temporary or permanent paralysis and even death.
Personal electric vehicles, including electric wheels, skateboards and scooters are high performance machines and should not be used or operated in any way by children under the age of 14 years old.
The user is also responsible for abiding by the laws in the place of use of the electric rideable device. Many countries do not allow the devices on public roads, and many do not allow them on public footpaths. It is up to the user to find out where these devices can and cannot be used. Uniwheel cannot be held responsible for speeding fines, parking tickets, insurance claims etc. due to the customer’s misjudgement.
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.