CONSUMER TERMS OF SALE
PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE
1. Format of the Contract
1.1 These terms of sale apply to all goods supplied by www.KidsElectricCars.co.uk, a trading name of 'NR1 Tradings Ltd', whose registered office is at 70 Swan Yard, Norwich, NR1 1PG (the "Supplier"), registered company number: 07913287.
1.2 No contract exists between you and the Supplier for the sale of any goods until the Supplier has received and accepted your order.
1.3 An acceptance of your offer to buy the goods will be sent shortly after your order. However, we do have the right to terminate the contract in the event that the goods are unavailable, mis-priced or cleared funds are not received.
1.4 The contract is subject to your right of cancellation (see below).
1.5 The Supplier may change these terms of sale without notice to you in relation to future sales.
2. Description and price of the goods
2.1 The description and price of the goods you order will be as shown on the Supplier´s website at the time you place your order.
2.2 The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock we will not accept your order. If after acceptance or job order the Supplier discovers within [14 days] of our acceptance of your order that the goods are unavailable we may terminate the contract and refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
2.3 Every effort is made to ensure that prices shown on the Supplier´s website are accurate at the time you place your order. If an error is found within 14 days of accepting your order, the Supplier will inform you as soon as possible and offer you the option of reconfirming your order at the correct price, or cancelling your order. If the Supplier does not receive an order confirmation within 14 days of informing you of the error, the order will be cancelled automatically. If you cancel the order, or if the order is cancelled automatically due to the expiry of the 14 day period, the Supplier will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
2.4 In addition to the price, you may be required to pay a delivery charge for the goods.
2.5 Please understand that we work with a range of suppliers on a direct dispatch system, this ensures we can offer our customers the widest range of items in this sector for sale on our website. We deal with the suppliers on our customers behalf. Any pre or post sale support queries should be directed to us with information available on our contact us page.
3.1 Payment for the goods and delivery charges can be made by any method shown on the Supplier´s website at the time you place your order. Payment shall be due before the delivery date and time for payment shall be a fundamental term of this agreement, breach of which shall entitle the Supplier to terminate the contract immediately.
3.2 There will be no delivery until cleared funds are received.
4.1 The goods you order will be delivered to the address you give when you place your order, except that some deliveries are not made outside the United Kingdom.
4.2 Orders placed before 1.00 pm on a working day will be processed that day and will be delivered as per the requested delivery option provided no additional security checks are required and all stock items are available. (A working day is any day other than weekends and bank or other public holidays.)
4.3 If delivery cannot be made to your address for reasons under the Supplier´s control the Supplier will inform you as soon as possible.
4.4 If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under control of the Supplier) then without prejudice to any other right or remedy available to the Supplier , the Supplier may:
4.4.1 store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or
4.4.2 sell the goods at the best readily obtainable price and (after deducting all reasonable storage and selling expenses) account to you for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods.
4.5 Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, the Supplier will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, the Supplier will inform you as soon as possible.
4.6 YOU MUST KEEP ALL PACKAGING. UNDER THE TERMS OF WARRANTY YOU WILL BE REQUIRED TO RE-PACK ANY FAULTY ITEMS IN THE ORIGINAL PACKAGING FOR RETURN. When the delivering carrier brings your order you must count the pieces you receive & look for any damage. If there is damage as caused in transit, please note it on the carriers delivery note, the number of boxes you should receive. If the number of boxes you receive does not exactly match the number of pieces on the carriers delivery note, you MUST note the number of pieces you received on the delivery note by your signature. 4.7 Damage to the equipment / packaging MUST be noted on the delivery note next to your signature. THE WORDS UNEXAMINED OR UNCHECKED WILL NOT BE ACCEPTED AS A CONDITIONAL SIGNATURE. You must cross out 'delivered in good condition' from the carriers delivery note. It is very important to check your order. A signature is an acceptance that you have received the whole order in good condition. Any shortages or damages must be reported to us within 48 hours of signing. Neither ourselves nor the carrier can be held responsible for shortages or damages if you do not note them on your delivery note. 4.8: Please note these items are of an electrical nature and as such you as a buyer at times will require to have some basic electrical knowledge or know someone who understands basic electrical knowledge as we cannot always offer sufficient distance advice and support as we simply cannot see what you are seeing in terms of how your toy is set up and what if any mis-assembly has occured, or loose connections etc.
5.1 The goods are at your risk from the time of delivery.
5.2 Ownership of the goods shall not pass to you until the Supplier has received in full (in cash or cleared funds) all sums due to it in respect of:
5.2.1 the goods, and
5.2.2 all other sums which are or which become due to the Supplier from you on any account.
5.3 The Supplier shall be entitled to recover payment for the goods even though ownership of any of the goods has not passed from the Supplier.
6. Title for Business Customers
6.1 If you are a business customer until ownership of the goods has passed to you, you must:
6.1.1 store the goods (at no cost to the Supplier) separately from all your other goods and goods of any third party in such a way that they remain readily identifiable as the Supplier´s property;
6.1.2 not destroy, deface or obscure any identifying mark or packaging on or relating to the goods; maintain the goods in satisfactory condition and keep them insured on the Supplier´s behalf for their full price against all risks to the reasonable satisfaction of the Supplier. On request you shall produce the policy of insurance to the Supplier; and
6.1.3 hold the proceeds of the insurance referred to in condition 6.1.2 on trust for the Supplier and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.
6.2 If you are a business customer your right to possession of the goods shall terminate immediately if:
6.2.1 you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you or you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or you cease to trade; or
6.2.2 you encumber or in any way charge any of the goods.
7. Your right of cancellation
7.1 You have the right to cancel the contract at any time up to 14 days after you receive the goods (see below). Please note that this policy has some limitations and does not apply to business customers.
7.2 To exercise your right of cancellation, you must give written notice to the Supplier by hand, post or the enotes section of our website, giving details of the goods ordered and (where appropriate) their delivery. Notification by phone is not sufficient.
7.3 Except in the case of faulty or misdescribed goods, if you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to the Supplier at your own cost and in the exact same condition they were received, including packaging materials. The goods must be returned to the address confirmed to you by us via email. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit. In the case of faulty or incorrect goods we shall, after receiving notification in accordance with clause 8.3 or 8.4, either collect the goods from you or ask you to return the goods yourself and possibly refund you the reasonable postage costs.
7.4 Once you have notified the Supplier that you are cancelling the contract, the Supplier will refund or re-credit you within 14 days for any sum that has been paid by you or debited from your credit card for the goods.
7.5 Except in the case of faulty or incorrect goods, if you do not return the goods as required, the Supplier may charge you a sum not exceeding the direct costs of recovering the goods.
7.6 You do not have the right to cancel the contract if the order is for computer software which has been unsealed by you, or for consumable goods which, by their nature, cannot be returned, save where a fault is discovered which could not have been discovered otherwise than by unsealing the goods.
8.1 All goods supplied by the Supplier are warranted free from defects for 7 days from the date of supply (unless otherwise stated). This warranty does not affect your statutory rights as a consumer.
8.2 This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by the Supplier, failure to follow the Supplier´s instructions, or any alteration or repair carried out without the Supplier´s approval.
8.3 If the goods supplied to you are damaged on delivery, you should notify the Supplier in writing via the enotes section of the website within 48 hours.
8.4 If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify the Supplier in writing via the enotes section of the website, as soon as possible, but in any event within 14 days of the date you discovered or ought to have discovered the damage, defect or complaint.
8.5 In the rare event of an item being faulty or damaged when delivered, Kids Electric Cars partners will aim to repair the product by sending replacement parts out to the customers address as soon as possible. If the item develop faults within 7 days of receiving, we will undertake the carriage costs incurred to get the item back to our warehouse for repair or replacement. After this period the customer will be liable to send the car back to our warehouse for repair or replacement at their own expense. There will also be customer's responsibility to package the item back to either in its original packaging or adequate packaging. We will aim to get the item repaired and back to you within 28 working days and if this does not happen we will replace the item. Where a replacement is not available a full refund will be offered at the manager’s discretion. If the customer would opt to have a refund without replacement or repair then it is the customer's responsibility to send the item back to the warehouse at their expense. Where an item is faulty we would advise customers to email us directly so our technicians can guide them through some simple troubleshooting steps. When returning items can you please enclose a covering letter stating your full details including order number, a daytime contact number and the reason for return. PLEASE NOTE that most of our ride-on products we sell are creating with a process used by the manufacturers that we sell, the process involves blowing sheets of plastic with hot air to make the moulds required for the production of the car. Sometimes the moulds can have minor scuffs, dents or very small scratches caused by material flowing in the air as the plastic is very hot this can mark the body of the car. This does NOT cause any materialistic flaws within the body and does not affect the strength or durability of the body. They are just minor cosmetic flaws and usually only affect one in ten items we sell. Kids Electric Cars will not accept any returns back due to this and this no reason to claim the item as faulty.
Where an item is faulty we would advise customers to phone us directly so our technicians can guide them through some simple troubleshooting steps. When returning items can you please enclose a covering letter stating your full details including order number, a daytime contact number and the reason for return. Please note that most of our ride-on products we sell are creating with a process used by the manufacturers that we sell, the process involves blowing sheets of plastic with hot air to make the moulds required for the production of the car. Sometimes the moulds can have minor scuffs, dents or very small scratches caused by material flowing in the air as the plastic is very hot this can mark the body of the car. This does NOT cause any materialistic flaws within the body and does not affect the strength or durability of the body. They are just minor cosmetic flaws and usually only affect one in ten items we sell. Kids Electric Cars will not accept any returns back due to this and this no reason to claim the item as faulty.
9. Limitation of Liability
9.1 Subject to 9.2 below, if you are a consumer the Supplier shall not be liable to you for any loss or damage in circumstances where:
9.1.1 there is no breach of a legal duty owed to you by the Supplier or by its employees or agents;
9.1.2 such loss or damage is not a reasonably foreseeable result of any such breach;
9.1.3 any increase in loss or damage resulting from breach by you of any term of this contract.
9.2 Nothing in these conditions excludes or limits the liability of the Supplier for death or personal injury caused by the Supplier´s negligence or fraudulent misrepresentation.
9.3 If you are a business customer the Supplier shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.
10. Data Protection
The Supplier will take all reasonable precautions to keep the details of your order and payment secure but unless the Supplier is negligent, the Supplier will not be liable for unauthorised access to information supplied by you.
Product images are for illustrative purposes only and may differ from the actual product.
These terms of sale and the supply of the goods will be subject to English law and the English courts will have jurisdiction in respect of any dispute arising from the contract, save that consumers resident in Scotland shall have the right to insist upon these terms being construed in accordance with the laws of Scotland and to submit to the jurisdiction of Scottish courts. Consumers Contracts (information, cancellation and additional charges) regulations 2013 is the act which covers consumer law - http://www.legislation.gov.uk/uksi/2013/3134/contents/made