These Terms of Business contain important information and govern your use of the website (LearnerLegal.com) and any services contained within the site.
If you want to ask us anything about these Terms of Business please contact us by email at firstname.lastname@example.org.
These are the Terms of Business of L S Imports Ltd (Registered in England & Wales, Company No. 03110100) of Unit 11 Fitzherbert Spur, Farlington, Portsmouth, PO6 1TT who are referred to as the “Seller” or “we”, and you are the “Buyer” or “you”.
1.1. An order for goods you place shall be subject to these terms and conditions.
1.2. All other terms and conditions express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
1.3. Nothing in these terms and conditions shall affect the statutory rights of any consumer.
2.1. In accordance with the Distance Selling (Consumer Protection) Regulations 2000, orders can be cancelled by you, the Buyer, up to 14 working days(not including bank holidays or weekends) after the goods have been received . You must notify the Seller either by email or postal letter if you wish to have your order cancelled within 14 working days of the goods being delivered to you. If goods have already been dispatched you will have to return the goods to us at your own expense. You have a legal obligation to take reasonable care of the goods while they are in your possession. If you fail to comply with this obligation or the goods are not in the same condition in which you received them, we may have a right of action against you for compensation and/or shall be entitled to withhold some or all of the price paid for the goods. Any payment for goods made by you will be refunded by us once the goods have been received at L S Imports Ltd, Unit 11 Fitzherbert Spur, Farlington, Portsmouth, PO6 1TT (“our Premises”) and the goods have been inspected. The refund will be within 21 days of receiving the goods back.
2.2 You will not be permitted to cancel the contact if you have registered the scooter motorcycle with the DVLA.
3.1. You may only purchase goods from us if you are aged 16 or over. If you are under sixteen, you may order Goods in conjunction with, and under the supervision of, a parent or guardian. You will need an active email address, a telephone number at which you can be easily contacted and an address for delivery.
3.2. All orders for goods shall be deemed to be an offer by you to purchase goods pursuant to these terms and conditions (“the Order”) which, if accepted by us will result in a legally binding contract.
3.3. You are responsible for ensuring the accuracy of the details you provide to us and we will not be obliged to accept an order unless all the details we request at the time of the Order have been accurately provided.
3.4. We will acknowledge receipt of your offer to purchase the goods by e-mail (where applicable) or by telephone.
3.5. Any offer to purchase made by you, the Buyer, will only be deemed accepted by us once the goods have been dispatched to you.
3.6. We reserve the right to refuse or reject any order placed by a buyer without issuing a reason.
3.7. The Buyer accepts that the scooter or motorcycle will need to be registered with the DVLA and that the DVLA may wish to inspect the machine to confirm frame and engine number match applicants paper work and that the Seller does not cover any associated costs example van or trailer hire.
3.8 If your documents to register have been lost stolen or destroyed the cost of replacement is £55
4.1. The price of the goods will be the price quoted on the relevant webpage on the date the Order is received or by telephone conversation between you and us and confirmed by us in writing (whether by email or otherwise), and will include VAT and exclude delivery charges unless expressly stated otherwise.
4.2. Prices are effective for 28 days from date of our confirmation of your offer to purchase.
4.3. Delivery charges to addresses in the mainland UK are available upon request and will be confirmed in writing. Delivery charges to places other than mainland UK vary according to the location.
4.4. Goods shall be paid for prior to shipping and by giving us your credit/debit card details you authorise us to charge your card or received bank transfer for the sum to be paid for the goods.
4.5. We reserve the right, by giving notice to you, at any time before delivery to increase the price of the goods to reflect any increase in the cost to us, which is due to any factor beyond our control (such as without limitation, any foreign exchange fluctuation, significant increase in the costs of labour, materials or other costs of manufacture). In the unlikely event of there being such an increase in the price of the goods you shall be entitled to cancel the Order at any time before delivery.
4.6. By placing an order you consent to payment being charged to your credit card or debit card (“the Card”) as provided by you.
4.7. We will take payment from the Card at the time the Order is placed once we have checked your Card details and stock availability. Goods are subject to availability. We will contact you if it we encounter problems taking payment from the Card details you provided. Taking payment does not mean we have accepted the Order and, in the event of the Order not being accepted, a full refund will be given as soon as is practicably possible where payment has already been taken (and in any event within 28 days of us advising you that the Order has not been accepted).
4.8. Title to the goods will pass to you on delivery of the goods.
4.9. We will issue you with a receipt in writing once the goods are ready to be delivered by post or other means that we consider appropriate.
5.1. The goods will be delivered to you at the address (curbside) you supplied when ordering the goods.
5.2. You undertake to check the goods are those that you have ordered and that the order is complete prior to signing for the goods. In the event that our courier declines to wait for you to check the goods or at all, unchecked goods shall not be taken as conclusive evidence that the goods have not been delivered to you.
5.3. The risk in the goods shall pass to you upon such delivery taking place.
5.4. Any dates quoted for delivery of the goods are approximate only and we shall not be liable for any delay in delivery of the goods however caused .Delivery will be made as soon as possible after your order is accepted and with in any event 30 calender days of your order being in stock.
5.5. For the avoidance of doubt, the Delivery Date or other date given under these terms & conditions is no more than an estimate and may be updated via website. Time shall not be of the essence.
5.6. If re-delivery is required a further charge of £60 is payable.
6.1. If we are unable, through circumstances beyond our control (including without limitation lack of shipping instructions from the Buyer), to deliver the goods within 14 days after notification to you or your agent that the goods are ready for delivery, we shall be entitled to arrange storage on behalf of you, whereupon delivery shall be deemed to have taken place, all risk in the goods shall pass to you, and delivery to you of the relevant warehouse receipt shall be deemed to be delivery of the goods for the purposes of Condition 5. All charges incurred by us for storage or insurance shall be paid by you on demand and prior to us providing access to you to collect of the goods.
7.1. We will replace free of charge any goods proved to our satisfaction to have been damaged in transit provided that within 24 hours after delivery both we and the carriers have received from you notification in writing of the occurrence of the damage and also, if and so far as practicable, of its nature and extent.
8.1. You, the Buyer, will inspect the goods as soon after delivery as is reasonably practicable and will notify us of any shortages, defects in the goods or any other complaint in respect of them within 7 working days from the date the goods were delivered. Save in respect of any shortages or defects if you fail to comply with this clause we will not be held legally liable in respect of any other complaint which should have been brought to the our attention within this period.
8.2. We shall either repair or, at our option, replace defective goods where the defects appear under proper use within 6 months from the date of delivery, provided that:
a) notice in writing of a defect complained of shall be given to us within 7 days of the Buyer becoming aware of the defect or the time a reasonable person would have become aware of it, whichever is earliest;
b) such defects shall be found to our reasonable satisfaction to have arisen solely from the good’s faulty design, workmanship or materials;
c) the defective goods shall be returned to our Premises;
d) the defective goods are returned with proof of purchase and a copy of our invoice;
e) the goods have not been subject to a fall or shock, after purchase or been mishandled or been modified in any way;
f) the defective goods have been properly stored, maintained and treated with care;
g) all replacement parts fitted to the defective goods have been supplied by us and have been fitted by us or by a qualified mechanic;
h) the defective goods have been only been serviced by a mechanic at a motorcycle shop unless you have received written authorisation from us allowing the goods to be serviced by a specified alternative person;
i) the defective goods have not been repaired by a person not qualified to do so;
j) foreign material has not entered the mechanics of the defective goods;
8.3. Any repaired or replaced goods shall be redelivered by us at our expense to the original point of delivery but otherwise in accordance with and subject to these Conditions of Sale save that the period of 6 months referred to in Condition 8.2 shall be replaced by the unexpired portion of that period only.
8.4. Alternatively to clause 8.2, we shall be entitled at our absolute discretion to refund the price of the defective goods in the event that such price shall already have been paid by you to us.
8.5. You shall not be entitled to return goods to us without our prior approval in writing. Goods received by us in the absence of prior approval shall be returned to you unopened.
8.6. In respect of all goods manufactured and supplied to us by third parties we will pass on to you the benefit of any warranty given to us by such third parties. We acknowledge that the terms of warranties to be given by us will be enclosed with the goods and you shall be solely responsible to the entire exclusion of us, the Seller, for complying with and facilitating the benefit of the warranties.
8.7. You shall indemnify us and keep us indemnified for any failure to comply with clause 8.6.
8.8. All conditions and warranties implied by statute, delegated legislation and common law are excluded to the extent permitted by law.
9.1. You warrant, guarantee, represent and undertake that:
a) any parts that need assembling prior to the use of the goods, including but not limited to handle bars, shall be fitted by a qualified mechanic who is VAT registered. Anyone carrying out work on the goods must be a skilled professional and competent in the task they are undertaking;
b) you will register the scooter/ motorcycle with your local DVLA office prior to road use;
c) you will inspect the goods for defects, including without limitation, frayed wires, cracks or other defects prior to use;
d) all details provided by you for the purpose of purchasing the goods are correct, that the Card used to purchase the goods is your own and that there are sufficient funds and/or sufficient unused limit available to cover the cost of the goods;
e) you are of legal age in the jurisdiction where the goods are to be operated;
f) the goods will be maintained serviced for continued use and safety at the specified intervals by a professional mechanic or engineer; the service intervals are first service 400km follow by second service 2000km and every 3000km subsequently . Service records and a clear photo of the mileage will be requested in the event of a claim.
g) you have satisfied yourself that the goods are suitable for your purposes and that you have not relied upon any description provided by us when entering into this Agreement. All descriptions provided by the Seller are intended as approximations.
h) in the performance of this Agreement you will comply with all laws, rules, regulations, decrees and other ordinances issued by any supra-governmental, governmental, state or other authority relating to the subject matter of this Agreement and to the performance of its obligations hereunder.
i) the Customer shall have no claim in respect of defects not apparent on the visual inspection at the time of delivery by these Conditions unless:
(1) a written complaint is sent to the Company as soon as reasonably practicable after the defect is discovered and no use is made of the goods thereafter and no alterations made thereto or interference made therewith before the Company is given an opportunity to inspect the goods in accordance with this Condition and
(2) the complaint is sent within 7 days of the date of delivery of the goods or in the case of an item not manufactured by the Company within the guarantee period specified by the manufacturer of such item.
j) all our new scooters and motorcycles come with standard 12 month "return to base" parts and labour warranty. The customer is responsible for all carriage charges on this warranty. It is the customer’s responsibility to arrange and pay for transport both ways. If for any reason customer is unable to return the vehicle to Unit 11 Fitzherbert Spur, Farlington, Portsmouth, PO6 1TT we will offer a parts only warranty. We will not pay any claim for labour charges for any vehicle repair. We do not offer a collection or re-delivery service. The warranty starts from date of purchase.
k) Wear and tear to parts and parts that require maintenance are excluded from the warranty. These parts include and are not limited to; Batteries, Bearings & Kick Starts, Fairing panels, Graphics, Stands, Cables, Chains, Sprockets,Drive Belts, Clutches, Exhaust, Filters, Inner Tubes, Light Bulbs, Mirrors, Spark Plugs, Wheels, Tyres.
l)The warranty does not cover cost of regular maintance
m) In order to continue with a high degree of industry standard workmanship and mechanical practices during the Warranty Period you should only have regular repairs and routine servicing in relation to the vehicle from a Vat registered only garage. We reserve the right to withhold and revoke the benefit of the warranty should you receive such servicing and repair from any other third party who is not Vat registered.
n) No warranty work may commence without wirtten authorization.
o) The warranty is non transferable and extended warrantys are non refunable.
p) Damage ariseing from natural phenomena such as floods/snow or hail.
q Damage caused by contamited fuel or incorrect fuel.
r) This warranty does not affect your statutory rights.In particular it does not affect any rights you may have under the Sale of Goods act 1979.
10.1. We will use all reasonable endeavours to carry out our obligations within a reasonable period of time but we will not be liable to you for any loss, costs or expenses arising directly or indirectly from any delays in doing so and we will not be deemed to be in breach of this Agreement by reason of any delay in performing, or any failure to perform, any of our obligations in relation to this Agreement, if the delay or failure was due to any cause beyond our reasonable control.
10.2. If we are prevented from carrying out our obligations in the above circumstances, we will notify you in writing. If we are still prevented from carrying out our obligations 21 days from the dated such notice was sent, then either party may give written notice to the other cancelling the contract. If the Agreement is cancelled in this way we accept no liability to compensate you for any loss or damage caused by failure to perform.
11.1. Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by our negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.
11.2. Except where you, the Buyer, are dealing as consumer (as defined in the Unfair Contract Terms Act 1977 section 12 as amended) we do not give any warranty, guarantee or indemnity as to quality, fitness for purpose or otherwise of the goods.
11.3. If and to the extent that s 6 and/or s 7(3A) of the Unfair Contract Terms Act 1977 applies to the Order, no provision of these terms and conditions shall operate or be construed to operate so as to exclude or restrict our liability for breach of the applicable warranties as to title and quiet possession implied into the terms and conditions of the Order by s 12(3) of the Sale of Goods Act 1979.
11.4. Our liability under this clause shall be to the exclusion of all other liability to you, the Buyer, except for the exclusive remedies set out at clause 8 above, whether in contract, tort (including, without limitation, negligence), or misrepresentation (other than fraudulent misrepresentation) or otherwise without limitation for defects in the goods or for any loss or damage to or caused by the goods, and all other conditions, warranties, stipulations or other statements whatsoever concerning the goods, whether express or implied, by statute, at common law or otherwise howsoever, are hereby excluded; in particular (but without limitation of the foregoing) the Seller grants no warranties regarding the fitness for purpose, performance, use, nature or quality of the goods, whether express or implied, by statute, at common law or otherwise howsoever.
11.5. Notwithstanding the above, subject to clause 11.1, L S Imports Ltd’s aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to the price of the goods specified in the Order in respect of one incident or any series of or related incidents attributable to the relevant Order.
11.6. The Buyer acknowledges that we have priced our products based on these limitations of liability.
11.7. We shall not accept any liability to you for any injuries or damages arising out of your failure to comply with any mandatory driving laws and regulations or the Highway Code e.g. a safety helmet and suitable protective clothing must be worn at all times.The goods are supplied are for highway use only.
12.1. The copyright in the material contained in our advertisements and promotional material and any trademarks and brands included in that material belongs to L S Imports Ltd or its third-party licensors.
13.1. We will attempt to ensure that the information available in our advertising and other materials is at any time is accurate. We will use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of these. However, we will not be held liable for any errors or omissions.
13.2. All drawings, descriptive matter and specifications of the goods on the website are for the sole purpose of giving an approximate description of
the goods. The goods may differ slightly from the images shown.
14.1. We collect personal data for the purposes of preparing and delivering orders to you.
14.2. We will not pass on any sensitive information obtained from you including email addresses, home and work addresses, phone numbers and payment details to any third parties who are not absolutely necessary to the task of processing an order or enquiry except if you specifically ask for you details to be passed on.
15.1. If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this Agreement and the remainder of the provision in question will not be affected.
15.2. English law will apply to this contract, and the parties agree to submit to the exclusive jurisdiction of the English courts.
15.3. The parties shall not be entitled to assign any right or obligation arising from this Agreement or the relationship between the parties.
15.4. The headings in this agreement are for convenience only and will not affect their interpretation.
15.5. These Terms of Business, including the documents or other sources referred to herein supersede all prior representations understandings and agreements between you and L S Imports Ltd and sets forth the entire agreement and understanding between you and L S Imports Ltd. Each party warrants to the other that it has not relied on any representation, arrangement, understanding or agreement (whether written or oral) not expressly set out or referred to in this Agreement. Variations to this agreement must]
15.6. All notices and other communications here under shall be in writing and shall be sent first class recorded or registered mail and deemed to have been duly given on the third business day following receipt.
15.7. The parties shall not be entitled to make any public statement in respect to the goods in the absence of the prior approval of the other party in writing.
15.8. Notwithstanding that the whole or any part of any provision of this Agreement may prove to be illegal or unenforceable the other provisions of this Agreement and the remainder of the provision in question shall remain in full force and effect.
15.9. A person who is not a party to this contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms under this User Agreement but this does not affect any right or remedy of a third party specified in this Agreement or which exists or is available apart from that Act.
If any provision of these terms and conditions is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from there terms and conditions and rendered ineffective as far as possible without modifying the remaining provisions of this agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of these terms and conditions.
17.1. We aim to respond to e-mail, faxed and written queries within 3 days. We are usually available to answer telephone queries Monday to Friday between 9.30am and 16.30pm written queries should be sent to Unit 11 Fitzherbert Spur, Farlington, Portsmouth, PO6 1TT.
17.2. In respect of complaints, we will consider the nature of the complaint and will contact the complainant within 7 days of the complaint giving the result of the enquiries and what it proposes should be done.
18.1. The trademarks, names, logos and service marks (collectively "trademarks") displayed on this website are registered and unregistered trademarks of the Website Owner. Nothing contained on this website should be construed as granting any licence or right to use any trademark without the prior written permission of the Website Owner.