IMPORTANT LEGAL NOTICE
This notice is issued by JAM Vehicles Limited (hereafter referred to as “We”, “Us” or “Our”) with company number 08036937, whose registered office is 138 Walker House, Phoenix Road, London, NW1 1ER.
This legal notice applies to the entire contents of the website under the domain name www.jivrbike.com (Website) and to any correspondence by e-mail between Us and you. This page (together with the documents expressly referred to in it) tells you information about us and the legal terms and conditions (Terms) on which we provide Jivr chainless, folding electrical bikes (Product(s)).
These Terms will apply to any contract between us for the sale of a Product to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from the Website. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to therein.
Please click on the button marked “I Accept” at the end of these Terms if you accept them. If you refuse to accept these Terms, you will not be able to order any Products from the Website.
The images of the Products on the Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflects the colour of the Products. Because Our Products are handmade to order, your Product may vary slightly from those images.
All Products shown on the Website are subject to availability.
Use of the Website and use of your personal information
How the contract is formed between you and us
Submission of our online order form constitutes an offer by you to purchase a Product on the Terms (Order).
After you place an Order, you will receive an e-mail from us acknowledging that we have received your Order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 3.3.
We will confirm our acceptance to you by sending you an e-mail (Confirmation Email). The Contract between us will only be formed when we send you the Confirmation Email.
Price and payment
The price of Our Products (Price) will be as quoted on the Website from time to time. We take all reasonable care to ensure that the Prices are correct at the time when the relevant information was entered onto the system. Prices may change from time to time, but changes will not affect any order which we have confirmed with a Confirmation Email.
The Price shall be paid as follows:
€99 shall be payable, together with Your Order (Deposit Payment); and
The remaining balance to include the outstanding product payment, plus any local taxes (for example VAT and shipping charges shall be payable prior to delivery of the product as set out in the Confirmation Email.
You can only pay for Products using a debit card or credit card. We accept the following cards: Visa, MasterCard
We will not charge your debit card or credit card for the Full Payment or Deposit Payment until we dispatch the Confirmation Email and we will not charge your debit card or credit card for the Final Payment until the delivery is in progress.
All credit and debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.
The Price includes VAT (where applicable) at the applicable current rate for your shipping destination. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
The Product Price does not include delivery charges. Our delivery charges are as quoted on the Website during the order process.
You may only purchase Products from the Website if you are at least 18 years old.
If the Final Payment is not made on the delivery date, we reserve the right to cancel the order and retain the Deposit Payment. Without limiting any other right or remedy that We have, if you fail to make a payment in full on the due date as provided under clause 4.2 of this Contract, interest shall accrue on the unpaid balance of that amount at the annual rate of 3% above the base rate of the Bank of England, for the time being.
Your Order will be fulfilled by the estimated delivery date set out in the Confirmation Email, unless there is an Event Outside Our Control (as defined in clause 9). If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
Delivery will be completed when we deliver the Products to the address you gave us, or you collect the Product from our premises, as decided between us and set out in the Confirmation Email.
The Product will be your responsibility from the completion of delivery.
You own the Product once we have received payment in full, including all applicable delivery charges.
We do deliver to addresses outside the UK.
Your right of return and refund
If you are a consumer, you have a legal right to cancel this Contract under the Consumer Protection (Distance Selling) Regulations 2000) during the period of seven (7) working days beginning on the date on which:
You receive your Confirmation Email; or
The date the Product is delivered to you, or due to be collected by you from our premises;
whichever is later (“Cooling Off Period”).
Your right to cancel under clause 6.1 does not apply in the case of any Products made to your specification or clearly personalised.
To cancel a Contract in accordance with clause 6.1, you must notify Us in writing in accordance with clause 10.2
You will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 6.3. If you returned the Products to us because they were faulty or mis-described, please see clause 6.6.
If you have returned the Products to us under this clause 6.5 because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
We refund you using the payment method that you used to pay Us.
If the Products were delivered to you:
you must return the Products to us as soon as reasonably practicable;
unless the Products are faulty or not as described (in this case, see clause 6.5), you will be responsible for the cost of returning the Products to us;
you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
Our warranty for the Products
We provide a warranty that on delivery and for a period of 12 months from delivery, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 7.2.
The warranty in clause 7.1 does not apply to any defect in the Products arising from:
fair wear and tear;
wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
if you fail to operate or use the Products in accordance with the user instructions;
any alteration or repair by you or by a third party who is not one of our authorised repairers; or
any specification provided by you.
This warranty is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
Our liability to you
We do not in any way exclude or limit our liability for:
death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation;
any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
defective products under the Consumer Protection Act 1987.
Subject to clause 8.1:
We shall not under any circumstances whatever be liable for any (i) loss of profits; (ii) loss of business; (iii) depletion of goodwill and/or similar losses; (iv) loss of anticipated savings; (v) loss of contract; (vi) loss of use; (vii) ex gratia payments of any kind; or (viii) special, indirect, consequential, punitive or pure economic loss, costs, damages, charges or expenses; and
Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the Product shall in all circumstances be limited to 200% of the Price.
Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 9.2.
An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
we will contact you as soon as reasonably possible to notify you; and
our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
Communications between us
When we refer, in these Terms, to “in writing”, this will include e-mail.
If you are a consumer:
To cancel a Contract in accordance with your legal right to do so as set out in clause 6, you must contact us in writing by sending an e-mail to firstname.lastname@example.org or by sending a letter to 138 Walker House, Phoenix Road, NW1 1ER, London, United Kingdom. You may wish to keep a copy of your cancellation notification for your own records. Your cancellation is effective from the date you sent us the e-mail or posted the letter to Us.
If you wish to contact us in writing for any other reason, you can send this to us by e-mail or by pre-paid post to Jam Vehicles Limited at the postal address or email address set out in clause 10.2 (a) above.
If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your Order.
Amendments to these terms
Our standard terms and conditions of sale can be viewed on www.jivrbike.com . We reserve the right to update these terms 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).
Other important terms
The Terms and the Contract between us, are only in the English Language.
We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
These Terms are governed by English law. This means a Contract for the purchase of Products through the Website and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction.