terms and conditions
Terms and Conditions - who actually likes reading them when there’s scooters to be ridden? They all sound so boring and out of place in the world of Milk. But we view them as knee pads. Not essential, but nice to have just in case we steer towards bumpy terrain.
So here goes, these are the Terms and Conditions of Sale for Milk Electric to which the purchases of goods and services are subject…
terms and conditions
These are the Terms and Conditions of Sale for Milk Electric to which the purchases of goods and services are subject.
1.1. In these Conditions, the following definitions shall apply:
Business Day(s): a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.
Conditions: the terms and conditions set out in this document as amended from time to time in accordance with clause 12.
Contract: the contract between Milk Electric and the Customer for the sale and purchase of the Goods or Services in accordance with these Conditions.
Customer, you, your: the person who purchases the Goods or Services from us.
Event Outside Our Control: has the meaning given in clause 11.
Goods: the goods (or any part of them) set out in the Order.
Milk Electric, we, us, our: means, Milk Electric of 230 Portobello Road, Notting Hill, London, W11 1LJ.
Order: the Customer's order for the Goods or Services submitted via the Website.
Services: the services (or any part of them) set out in the Order.
Website: means milkelectric.com.
1.2. In these Conditions, the following rules apply:
1.2.1. A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
1.2.2. A reference to a party includes its personal representatives, successors or permitted assigns.
1.2.3. Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
1.2.4. A reference to writing or written includes e-mails.
2. The Contract
2.1. The Order you place via the Website constitutes an offer to purchase the Goods or Services in accordance with these Conditions. Please read and check your Order before placing it, as you are responsible for ensuring that the terms of the Order are correct. You may only purchase Goods or Services from us if you meet any legal age requirement necessary for purchase of the same.
2.2. Any email, order confirmation or other electronic acknowledgement by us of receipt of an Order does not constitute legal acceptance by us of your Order. The Order shall only be deemed accepted by us, and a Contract formed when:
(a) you have paid for the Goods or Services and monies have been received by us; and
(b) where applicable, the Goods have been dispatched and we have sent you a dispatch confirmation; or
(c) where applicable, the Service(s) have been carried out.
2.3. All Orders placed via the Website are subject to stock availability and to the validation checks described in clause 5 below. In the unlikely event that you are either able to place an Order for an item that is not available from stock, or it is necessary for Milk Electric to amend or cancel a booking for Services, we will contact you as soon as possible to discuss either amending or cancelling your Order. If your Order is cancelled by Milk Electric, you will be refunded in full.
2.4. We only accept Orders originating from and for delivery to UK addresses.
2.5. We will retain details of your Order in our database and these details can be made available to you on request from our customer services team.
3. Product Information
3.1. Goods and Services are as described on the Website. We reserve the right to amend the description at any time if required.
3.2. Images of the Goods on the Website are for illustrative purposes only. Representations of colour online are as accurate as our photographic and electronic processes will allow. Please note that colour online can also be affected by the calibrations of different output devices.
3.3. All weights and sizes are supplied as a guide only and are approximate.
3.4. Guided Sales, Buyers Guides and all other advice articles have been produced by Milk Electric to help you in your purchasing decisions and to give guidance. These articles are provided for general information, but if you are in any doubt, you should seek help from an appropriate professional. We accept no liability for any loss, damage or injury arising as a result of the advice contained on our Website.
3.5. In the event that there are any errors regarding the price or description of Goods or Services, we reserve the right to correct that price or description and notify you accordingly. In these circumstances, it will be deemed that a contract has not been entered into and you will not be bound to continue with your purchase. We will cancel your Order and you will be refunded in full. The repayment of such monies paid to us will be the extent of our liability to you in the event of these errors.
4. Price Information
4.1. Except as set out below, the price of the Goods and Services is the price set out on the Website at the time you submit your Order. All prices are shown in Pounds Sterling.
4.2. The price of the Goods does not include delivery charges which will be as advised during the check-out process, before you confirm your Order.
4.3. The prices shown are only applicable to purchases made via the Website. On occasions, the prices payable and promotions offered online may differ from those prices and promotions offered at the same time in Milk Electric stores. Some Service prices may vary based on geographical location.
5. Payment Information
5.1. Milk Electric accepts payment by Paypal and most major credit or debit cards, where registered to UK addresses.
6. Delivery of Goods
6.1. Any dates quoted for delivery are approximate only and we cannot be held liable for any costs incurred if delivery is delayed. Please be aware that Royal Mail First Class postal service can take up to 7 days. This is under the terms of Royal Mail and is out of our control. 3rd Party couriers can deliver direct delivery orders between the hours of 7am and 9pm.
6.2. Delivery of an Order shall be completed when we deliver the Goods to the delivery address given in the Order.
6.3. The Goods will be your responsibility from the time of delivery.
6.4. Where the courier is unable to deliver the Goods, they will either attempt to deliver to a neighbour, attempt to redeliver the following day, leave a card for you to rearrange a suitable time for redelivery or leave the parcel at your local Post Office for you to collect.
6.5. We shall have no liability for any delay in delivery of the Goods, or failure to deliver the Goods, where the delay or failure is caused either by an Event Outside Our Control or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
6.6. If we miss our estimated delivery deadline for the Goods or, in the absence of any estimate being given, we have not delivered the Goods within 30 days after the dispatch confirmation, you may cancel your Order and receive a full refund.
7. Cancellations, Refunds and Returns
7.1. Subject to the remainder of this clause 7, if you change your mind and no longer want an item that you have purchased and we have delivered, you have the right to return those Goods within 14 days from receipt of the Goods and receive a refund.
7.2 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your Order), which is when the Contract between us is formed. Your deadline for cancelling the Contract is 14 days after you receive the goods.
7.3 To cancel or amend a Contract with Milk Electric, you need to let us know that you have decided to cancel. If you wish to exercise this right, please contact the Milk Electric Customer Services Team, by phone, email or letter sent by post or using the online form on our Website. Please include details of your Order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.
7.3 If you cancel your Contract with Milk Electric, Milk Electric will refund you the price you paid for the Goods. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the Goods, if this has been caused by your handling them in a way which would not be permitted in a shop.
7.4 We will refund you on the credit card or debit card used by you to pay.
8. After-sales Service and Guarantees
8.1. Where applicable, details of manufacturers' guarantees or service arrangements will be provided with the Goods or Services.
8.2. Except where expressly stated otherwise, all warranties are non-transferable and only apply for the original Customer. Please note that, if you buy Goods with a Milk Electric warranty, we are guaranteeing that those Goods will work during the warranty period. If you replace the Goods during the warranty period, the warranty does not start again. You will only benefit from the remaining period of the original warranty.
9. Complaints and Queries
9.1.If you are not happy with any aspect of our online service, discover a fault with our Website, or if you have any queries or comments relating to an Order placed online, please contact us and we will do everything we can to help you.
9.2. If we have exhausted our internal complaints handling procedure and we inform you in writing that we cannot settle your complaint, you have the option of referring your complaint to an Alternative Dispute Resolution ("ADR") provider to deal with the same. Please note that we are not obliged to participate in ADR.
9.3. Your access to milkelectric.com may occasionally be restricted to allow for the introduction of new products or features, site development, maintenance or repairs. We will attempt to restore the service as soon as we reasonably can.
9.4. Where you have been directed to the Website as a result of a third party site, these sites are independent from us and we are not responsible or liable for such sites. Please consult the terms and conditions of the site in question for more information.
10.1. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are:
(a) as described and match information we provided to you and any sample or model seen or examined by you;
(b) of satisfactory quality;
(c) fit for any particular purpose made known to us; and
(d) for defective products under the Consumer Protection Act 1987.
10.2. We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11. 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.
Milk Electric amends these Conditions from time to time. Each time you order Goods or Services from us, the Conditions in force at the time of your Order apply to the Contract between you and us.
13. Communications between us
13.1. Any notice or other communication given to you under or in connection with the Contract shall be in writing (including email), addressed to you at the address that you have specified to us in writing in accordance with this clause, and shall be delivered personally, sent by pre-paid first class post, recorded delivery, commercial courier, fax or e-mail.
13.2. A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 13.1; if sent by pre-paid first class post or recorded delivery, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed; or, if sent by fax or e-mail, one Business Day after transmission.
13.3. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
14. Other Important Terms
14.1. 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 Conditions.
14.2. You may only transfer your rights or your obligations under these Conditions to another person if we agree in writing.
14.3. This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.4. Each of the paragraphs of these Conditions 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.
14.5. If we fail to insist that you perform any of your obligations under these Conditions, 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.
14.6. These Terms are governed by English law. This means a Contract for the purchase of Goods through our 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. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland. The only language in which the Contract can be concluded is English.