F2 MOTORCYCLES
LTD: TERMS AND CONDITIONS
SECTION A - General conditions of trade.
F2 Motorcycles Ltd do not sell to the general public as a retail
outlet.
Trade customers may open a trade account.
Non Trade customers may only purchase directly from F2 Motorcycles
Ltd after becoming members of the F2 Motorcycles Ltd Club.
To join the F2 Motorcycles Club please contact us by phone on
01945 410165.
We do not charge for club membership.
F2 Motorcycles Ltd do not have a publicly open showroom facility,
however as an importer and supplier we do have stock. This stock
can be viewed during normal opening hours by any club member or
friend/family of members if accompanied by that member.
Often our stock is boxed or crated. If there is a specific item
a member wishes to view this can be unboxed by prior arrangement.
No items in the stock area are priced, and there is no sales material
available in the stock area.
Prices on the website are quoted including VAT, but all invoicing
shows item prices with VAT removed and VAT shown separately as
is normal procedure for trade sales.
SECTION B - Covering phone and email sales either as a direct
result of our website or following an enquiry.
We want you to enjoy using our website and the useful information
and products that we provide through it. All information on this
site is provided in good faith. To avoid any misunderstandings,
please take a moment to read these terms, which govern the contract
between us. They set out the basis of how you use our site, the
purchase of our products, what we provide, what we charge and
what we ask of you in return. By submitting an enquiry and/or
an Order to F2 Motorcycles Ltd, you are agreeing to these terms
and our, privacy policy which will apply to any purchase you make
from F2 Motorcycles Ltd.
SUMMARY
1. Definitions
2. Product Details
3. Price of the Products
4. Enquiries
5. Order Acceptance and Payment
6. Our Right to Cancel
7. Delivery
8. Right of Cancellation
9. Warranties and Refunds
10. Returns Procedure
11. Use of Website
12. Liability
13. Notices, Enquiries and Complaints
14. Intellectual Property
15. Privacy Policy
16. General
1. Definitions
1.1. In these terms and conditions ("the Terms") unless
the context otherwise requires, the following words and phrases
shall have the following meanings:
"Customer Material" means any information provided by
the customer to F2 Motorcycles Ltd including, but without limitation,
your details, sizes, delivery details, requirements or any information
provided in the Enquiry or Order;
"Enquiry" means any enquiry made of F2 Motorcycles Ltd;
"Force Majeure Event" includes any delay or failure
to perform our obligations as set out in these Terms where such
delay or failure to perform arises from circumstances beyond our
reasonable control, including (without limitation) any Act of
God, communications failure, death, destruction, fire, flood,
strikes, riots, accident, disruption to energy supplies, civil
commotion, acts of terrorism or war;
"Order Confirmation" an order confirmation from F2 Motorcycles
Ltd to you confirming receipt of your order. This will usually
be verbal and made at the time you place your order by phone.
If you place your order by email we may send the order confirmation
by email.
"Price" means a price issued by F2 Motorcycles Ltd to
you in response to an Order Confirmation and/or an Enquiry;
"Product" means products available for sale on the Website;
"F2 Motorcycles Ltd", "us" or "we"
means F2 Motorcycles Ltd (Company Number 05067809) whose registered
office is at 290 Leverington Common, Wisbech, PE13 5JG (VAT Number:
GB 715 2467 43);
"Website" means the website for the sale or description
of the Products at any or all of the following web addresses.
www.f2motorcycles.ltd.uk, www.jawamotorcycles.co.uk, www.simplysidecars.co.uk,
;
"Writing" includes email, fax, or other comparable means
of communication;
"you", "your" or "customer" means
the person, firm or company placing an order for Products with
F2 Motorcycles Ltd.
2. Product Details
2.1. The Products displayed on this Website are not shown to actual
size nor are their images binding as to detail. Some Products
may appear slightly larger or smaller than actual size due to
screen defaults and photography techniques. Other Products may
be represented at a larger than actual size in order to clearly
show details, or smaller than actual size in order to show the
entire item, and your attention is drawn to the Product details
and content where given. If the Product you receive is materially
different from the Product details specified you shall be entitled
to reject it without penalty.
2.2. All Products are subject to availability. In the unlikely
event of a change in the specification or quality of the goods
ordered we will offer you a substitute item of the same or better
quality for the same price, which you shall be entitled to reject
by returning the item within 7 days from the date the Product
has been delivered to you.
3. Price of the Products
3.1. Subject to the provisions of clauses 3.4 and 3.5 the Price
of the Products will be as stated on our Website at the time you
submit your order.
3.2. Prices stated on the Website include VAT for the item(s)
but not the cost of delivery and insurance during freight as that
cost is dependent upon the value of the item(s) purchased and
so is advised in addition to the Prices stated.
3.3. All Products must be paid for in full before being dispatched.
3.4. The price of the Products stated on our website may vary
due to factors outside F2 Motorcycles Ltd’s control, or
if there is a delay between the time of the order and you receiving
your Order Confirmation. In these circumstances you will be entitled
to cancel your order if the price increase is not acceptable to
you.
3.5. Without prejudice to clauses 3.4 or 6.1.1, if we discover
an error in the price of the Products offered we will contact
you to resolve the situation.
3.6. Prices on the website can be viewed in sterling (GBP) and
will be invoiced in sterling GBP).
3.7. Vouchers or Gift Certificates - Vouchers can only be redeemed
against the cost of goods. No cash or refund is given if the value
of goods is less than the voucher value. Vouchers cannot be redeemed
against carriage charges. Only one voucher can be redeemed per
order.
4. Enquiries
4.1. By making an Enquiry you are under no obligation to purchase
any Product but you agree to be bound by these Terms and our Privacy
Policy.
5. Order Acceptance and Payment
5.1. Before your order can be accepted, we must receive in cleared
funds, or confirmation of authorisation of payment (where a credit
card is used) the purchase price specified in full (without any
deduction).
5.2. When we receive your order we will send you an acknowledgement
of its receipt. Once payment has been received by us in accordance
with clause 5.1 we will confirm that your order has been accepted
by sending an Order Confirmation to you at the e-mail address
you provide. When we send you this Order Confirmation a legally
binding contract exists between us. F2 Motorcycles Ltd reserve
the right to refuse any voucher code application or redemption
if there is any suspicion of fraud, malredemption or foul play.
5.3. You may only pay for the Products in sterling (GBP).
5.4. You must pay for the Products you order by using any method
currently specified on the Website, which may include without
limitation;
5.4.1. a telegraphic transfer or a bank transfer to F2 Motorcycles
Ltd’s account; or
5.4.2. credit or debit card by communicating your card details
to F2 Motorcycles Ltd (for the avoidance of doubt the credit/debit
cards accepted by us are those listed on the Website on the date
your order is placed).
5.5. In the event that payment for an order is not received; or
you are not fully entitled to use your nominated credit, debit
or charge card; or such card has insufficient funds to cover the
price of the Products then:
5.5.1. F2 Motorcycles Ltd may contact you allowing you to make
payment in full within a specified time period by the same or
another means; or
5.5.2. F2 Motorcycles Ltd may at its sole discretion cancel your
order in which case F2 Motorcycles Ltd shall return any monies
received from you within 30 days of receipt of such monies to
your nominated account and F2 Motorcycles Ltd shall be entitled
to deduct an administration fee to cover any expenses incurred
by F2 Motorcycles Ltd in doing so;
5.5.3. you agree that in any event that F2 Motorcycles Ltd shall
have no liability to you for any loss, damage, costs, expenses
or other claims that you may incur.
5.6. You agree to indemnify F2 Motorcycles Ltd in full against
all costs and outgoings incurred by us in obtaining payments from
you in the event a failed payment occurs.
6. Our Right to Cancel
6.1. We reserve the right to cancel your order if:
6.1.1. after receiving your order and before we send you your
Order Confirmation, we become aware of a pricing error in respect
of the Product you have ordered, we reserve the right to withdraw
the Product from sale and inform you accordingly; or
6.1.2. a Force Majeure Event occurs.
6.2. If we do cancel your order we will notify you by e-mail or
phone and will offer an alternative replacement Product or refund
to you any amounts paid to us as soon as possible and in any event
within 30 days of your order.
6.3. We shall not be liable to you for any loss, damage, costs
expenses or claims that you may incur, for orders cancelled by
us before we send your Order Confirmation.
6.4. This clause 6 does not affect your statutory rights as a
consumer, nor does it affect your contract cancellation rights.
7. Delivery
7.1. We reserve the right to charge for and fulfill partial orders
where the Order Confirmation consists of multiple items.
7.2. Delivery will be made to the address specified in the Order
Confirmation.
7.3. We will take all reasonable steps to deliver your order to
you on or before the date specified in the Order Confirmation.
We cannot be held liable for delays caused by circumstances beyond
the reasonable control of F2 Motorcycles Ltd(such as Force Majeure
events). Time will only be of the essence of the contract if you
have agreed this in advance with us at the time of placing your
order and received an Order Confirmation with a guaranteed delivery
date.
7.4. You will become the owner of the Products you have ordered
when they have been delivered to you. Once the Products have been
delivered to you they will be held at your own risk and we shall
not be liable for their loss or destruction.
8. Right of Cancellation
8.1. EXCEPT FOR the Products that are custom works or made to
order products, you will be entitled to cancel your order by written
notice to us by following the procedure in clause 10. You do not
need to give us any reason for cancelling your order nor will
you have to pay any penalty. Products that are custom works or
made to order cannot be cancelled or returned. This policy is
in accordance with the Consumer Protection (Distance Selling)
Regulations 2000. F2 Motorcycles Ltd are not responsible for the
items safe return in saleable condition with original packaging.
9. Warranties and Refunds
9.1. Subject to the following provisions of this clause 9.1, we
warrant that the Products will be of satisfactory quality. The
aforementioned warranty is given by F2 Motorcycles Ltd subject
to the following condition save that it is acknowledged that your
statutory rights are not affected:
9.1.1. F2 Motorcycles Ltd shall be under no liability to the customer
for any loss, damage, costs, expenses or other claims in respect
of: (a) any defect arising from wilful damage, negligence, failure
to follow instructions for the use of the Products (whether oral
or in writing); (b) misuse or alteration of the Products without
our approval; (c) arising from any Customer Material supplied
by you which is incomplete, inaccurate, illegible, out of sequence
or in the wrong form, or any other fault of the Customer.
9.2. F2 Motorcycles Ltd’s products should meet or exceed
your expectations. However, in the event that you are dissatisfied
with your order, the Products delivered to you are incomplete
or you have received incorrect Products, we shall have no liability
to you unless you notify F2 Motorcycles Ltd of the problem AS
SOON AS IS REASONABLY POSSIBLE of the Products in question. For
the purposes of efficiency we advise you to contact our customer
services on 01945 410165 calls may be recorded for training purposes
9.4. If you notify a problem to us under clause 9.2 or we have
committed a breach of the warranty at clause 9.1 our only obligation
will be (to be determined at your option and subject always to
your statutory rights):
9.4.1. We may offer you an alternate Product free of charge within
60 days of notification provided that that the original Product
is returned to us in accordance with clause 10; or
9.4.2. We will arrange with you for the Products to be returned
to us in accordance with clause 10, and we shall refund the price
paid.
10. Returns Procedure
10.1. If you exercise the right to cancel under clause 8.1 or
a right to return the Product(s) in accordance with clause 9.4,
in order to make the returns procedure as efficient as possible
we advise you to follow the following procedure:
10.1.1. Please contact our customers services on 01945 410165
calls may be recorded for training purposes before sending the
Product(s) back;
10.1.2. Place the original invoice supplied with the product with
the original packing materials for the delivered Product(s);
10.1.3. secure the Product(s) and all of the original packing
materials, invoice, your name and address, your contact number,
in a plainly wrapped cardboard box (the post office has these
available if you do not);
10.1.4. clearly print your name and address on the outside of
the package in the return area and mail the package to:
F2 Motorcycles Ltd
290 Leverington Common,
Wisbech,
Cambridgeshire,
PE13 5JG
10.1.5. For your protection, we advise you to insure the package
for the full amount of the invoice plus postal or shipping charges.
For the avoidance of doubt F2 Motorcycles Ltd shall not be responsible
for items lost or damaged whilst in transit
Conditions of Return
10.1.6. Returns are simple, but are subject to certain rules:
(a) you shall be liable for the cost incurred in returning Products
to us and we shall not be obliged to accept any Product returned
if such costs have not been paid in full ;
(b) each item must be returned in the same condition as it was
sent, unworn and undamaged. Damaged goods due to your negligence
will not be accepted for refund;
10.2 Subject to the conditions in clause 10.1 F2 Motorcycles Ltd
will refund the full cost of the item. Refunds will be made in
the same form as the original purchase.
10.3 All requests will be processed after we have inspected and
verified the condition of the Products. Returns take approximately
five business days to process upon receipt of the item.
11. Use of the Website
11.1. You agree to use the Website only for lawful purposes and
in a way that does not infringe the rights of, restrict or inhibit
anyone else’s use and enjoyment of the Website. Prohibited
behaviour includes harassing or causing distress or inconvenience
to any person, transmitting obscene or offensive content or disrupting
the normal flow of dialogue within the Website.
11.2. Where F2 Motorcycles Ltd provides any information in relation
to the Products supplied to it by a third party, F2 Motorcycles
Ltd does not give any warranty, guarantee as to its accuracy or
otherwise and shall have no liability to the Customer for any
losses arising as a result thereof.
11.3. F2 Motorcycles Ltd does not warrant that functions contained
in the Website content will be uninterrupted or error free, that
defects will be corrected, or that F2 Motorcycles Ltd or the server
that makes it available are free of viruses or bugs. We shall
have no liability for any direct, indirect, special or consequential
loss arising out of the use of or the inability to use this Website
including (without limitation) reliance on any information or
content of the website or which results from mistakes, omissions,
interruptions, deletions of files or emails, defects, viruses
or delays in operation or transmission.
11.4. The information on the Website may contain technical inaccuracies
or typographical errors and may be changed or updated without
notice. F2 Motorcycles Ltd may also make improvements and/or changes
to the Website at any time without notice.
11.5. Any information we receive from you will be dealt with in
accordance with our Privacy Policy.
11.6. Certain links in this Website connect to other websites
maintained by third parties over whom we have no control. We make
no representations as to the accuracy or any other aspect of information
contained in other websites.
11.7. Use of cookies on F2 Motorcycles Ltd’s Website
F2 Motorcycles Ltd may utilises session cookies.
These forms of cookies are considered as exempt of The Privacy
and Electronic Communications (EC Directive) (Amendment) Regulations
2011 as per the guidelines provided by the Information Commissioners
Office (ICO).
We also utilise Google Analytics to track performance of our products
and this also utilises cookies to perform this function.
More information on Google Analytics and an opt-out is available
at: https://tools.google.com/dlpage/gaoptout
12. Liability
12.1. Nothing in these Terms will limit our liability for death
or personal injury resulting from our negligence or that of our
employees or agents. If you are a consumer (within the meaning
of the Unfair Contract Terms Act 1977) the content of these Terms
will not affect your statutory rights. If you are not a consumer
then subject as provided in clause 9.1, all other warranties,
conditions or other terms, whether implied by statute common law
or otherwise, are excluded to the fullest extent permitted by
law.
12.2. Where F2 Motorcycles Ltd provides any information in relation
to the Products supplied to it by a third party, F2 Motorcycles
Ltd does not give any warranty, guarantee as to its accuracy or
otherwise and shall have no liability to the Customer for any
losses arising as a result thereof.
12.3. In the event that we are unable or fail to deliver the Products
ordered within any time period specified, we will use reasonable
endeavours to contact you in order to re-schedule the delivery
time.
12.4. We will not be in breach of contract as a result of any
Force Majeure Event.
12.5. IN ANY EVENT, THE LIABILITY OF F2 Motorcycles Ltd FOR ANY
BREACH OR THE AGGREGATE LIABILITY FOR ANY SERIES OF BREACHES UNDER
OR IN CONNECTION WITH THESE TERMS SHALL NOT EXCEED THE VALUE OF
THE RELEVANT ORDER PLACED BY YOU FROM TIME TO TIME.
12.6. F2 Motorcycles Ltd shall have no liability for loss of profit
or for any indirect, special or consequential loss of damage,
costs, expenses or other claims for compensation whatsoever arising
out of or in connection with the supply or non-supply of the Products
(including any delay in supplying the Products) or their use or
resale by you. Other than as set out in clause 9.2, the entire
liability of F2 Motorcycles Ltd arising out of any order for Products
from you will be limited to the total price of the Products ordered
by you.
12.7. You must observe and comply with all applicable regulations
and legislation, including all necessary customs, import or other
permits to purchase Products from our Website. The importation
or exportation of our Products may be prohibited by certain national
laws. We make no representation and accept no liability in respect
of the import or export of the Products you purchase.
13. Notices, Enquiries and Complaints
13.1. Any notices, enquiries or complaints should be:
13.1.1. e-mailed to david@f2motorcycles.ltd.uk;
13.1.2. addressed to customer services on telephone number 01945
410165 calls may be recorded for training purposes: or
13.1.3. sent by post to F2 Motorcycles Ltd, 290 Leverington Common,
Wisbech, Cambridgeshire, PE13 5JG
14. Intellectual Property
14.1. The entire content of the Website, including all copyright,
trademarks and other intellectual property rights it contains,
including the use of the name "F2 Motorcycles Ltd" is
the sole property of F2 Motorcycles Ltd or our licensors. You
are permitted to copy, transmit and to use such material only
for the purpose of ordering Products from the Website, but you
not are entitled to copy, reproduce, transmit, display in public,
create derivative works from or otherwise commercially exploit
such material.
14.2. All intellectual property rights in the Products (subject
to the rights of any third party) belong to F2 Motorcycles Ltd.
14.3. You warrant that all Customer Material provided to us will
not be defamatory or infringe the copyright or other rights of
any third party, and you shall indemnify F2 Motorcycles Ltd against
any loss, damages, costs, expenses or other claims arising out
of any such infringement.
15. Privacy Policy
15.1. You acknowledge and agree to be bound by the terms of our
Privacy Policy.
16. General
16.1. These Terms govern the contract to the exclusion of all
other terms and conditions stipulated in any other communication
or document unless expressly agreed in writing by F2 Motorcycles
Ltd.
16.2. F2 Motorcycles Ltd reserves the right to vary the content
of these Terms from time to time, with any changes being published
on the Website. However, such variations will not affect any Contract
between F2 Motorcycles Ltd and you. Continued use of the Website,
or any of its services will signify that you agree to any such
changes.
16.3. We may correct any typographical, clerical or other error
or omission in any information on the Website or in any email
or other document or communication issued by F2 Motorcycles Ltd
without incurring any liability on our part.
16.4. If any clause or part of a clause in these Terms is held
by any Court of competent authority to be unlawful, invalid or
unenforceable, such clause or part shall be severed and the remaining
provisions of these Terms shall remain in full force and effect.
16.5. These Terms, together with our Website prices, delivery
details, contact details and privacy policy set out the whole
of our agreement relating to the supply of the Products by us.
Nothing said by any sales person on our behalf should be understood
as a variation of these Terms or as an authorised representation
about the nature or quality of any Products offered for sale by
us. Save for fraud or fraudulent misrepresentation or any statutory
obligation, we shall have no liability for any such representation
being untrue or misleading.
16.6. The contract between you and F2 Motorcycles Ltd shall be
governed by English law and you and F2 Motorcycles Ltd submit
to the exclusive jurisdiction of the English Courts.
16.7 F2 Motorcycles Ltd reserves the right to transfer, assign,
novate or sub-contract the benefit of the whole or any part of
any of its rights or obligations under these Terms.
16.8 These Terms do not create or confer any rights or benefits
enforceable by any person that is not a party within the meaning
of the Contracts (Rights of Third Parties) Act 1999.
17. WEEE Regulations
Much of the UK’s electronic waste ends up in landfill sites,
where toxins put communities at risk. Please recycle your equipment
as failure to segregate any type of recyclable material in the
home will usually result in items being disposed of in a landfill
site (buried in the ground in the UK) or being incinerated. To
find out more about recycling electrical waste, please visit www.recycle-more.co.uk.
SECTION C - Covering person to person sales within our stock area.
All of the definitions set out in section B remain unchanged with
the exception of any special requirements relating to distance
selling.
All person to person sales are made within the current laws of
England.
The distance selling law does not apply to person to person sales.
All warranties should be discussed before purchase.
Copies of our written warranties for all vehicles are available
prior to purchase for inspection.
If you are a consumer (within the meaning of the Unfair Contract
Terms Act 1977) the content of these Terms will not affect your
statutory rights
SECTION D - Law and Jurisdition.
These terms and conditions, terms of use, subject matter, formation,
and any non contractual dispute or claims, will be governed by
and construed in accordance with English law, and any disputes
relating to these terms and conditions will be subject to the
exclusive jurisdition of the courts of England.
SECTION E - Complaints Procedure
The customer
must first refer the complaint in writing to the Director of F2
Motorcycles Ltd. There are two ways to do this -
1. By
letter, posted via recorded delivery, and addressed to The Director,
F2 Motorcycles Ltd, 290 Leverington Common, Wisbech, Cambrideshire,
PE13 5JG.
2. By
email to david@f2motorcycles.ltd.uk, receipt of which will be
confirmed by F2 Motorcycles Ltd within 7 days.
If and
only after all reasonable efforts via direct communication between
the customer and F2 Motorcycles Ltd has been exhausted a satisfactory
resolution cannot be reached, the customer may then choose to
refer the complaint to F2 Motorcycles Ltd's independant Alternative
Dispute Resolution provider, details of which will be provided
to the customer by F2 Motorcycles Ltd in writing. Alternative
Dispute Resolution is a means for consumers and traders to settle
disputes out-of-court using an independent third party. Alternative
Dispute Resolution is free to consumers, and is often quicker
and leads to a more satisfactory solution than taking legal action.
The law seeks to promote the use of Alternative Dispute Resolution.
WE RECOMMEND
THAT YOU PRINT OUT A COPY OF
THESE TERMS FOR YOUR FUTURE REFERENCE.