TERMS AND CONDITIONS OF BUSINESS
It is agreed that the following terms and conditions set out the entire and only agreement (“the Agreement”) made between you (“the Customer”) and MIGHTE LIMITED (company number NI662067 and whose registered office address is 58d Hamiltonsbawn Road Industrial Estate, Hamiltonsbawn Road, Armagh, Northern Ireland, BT60 1HW (“the Company”)) and no variation or modification of this Agreement shall be effective unless it is agreed by both parties in writing.
Any work of any description undertaken by the Company shall be subject to the following terms and conditions.
means any information and/or data disclosed by the disclosing party to the receiving party that is designated as "confidential" or which by its nature is clearly confidential or any information of a confidential or proprietary nature (irrespective of the form of presentation or communication including, but not limited to, computer software and data, physical objects and samples) relating to the business, operations, customers, processes, budgets, pricing policies, product information, know-how or strategy of the disclosing party;Products: means the products listed on our website (“the Website”) which we may supply.
2.1 The prices of the Products are quoted on the order page of the Website.
2.2 Prices quoted do not include the costs of delivery of the Products. The costs of delivery of the Products will be shown separately on the order page and added to the amount payable by you.
3.1 Payment can be made by any major credit or debit card.3.2 By placing an order, you consent to payment being charged to your debit/credit card account as provided on the order form.
3.3 If you pay us by credit or debit card, we will take payment from your card for the Products when we dispatch the Products to you.
3.4 Interest will be charged on any outstanding fees at an annual percentage rate of 8% over the Bank of England’s Base Rate calculated on a daily basis for each day that the fees remain outstanding. A statement from the Company as to the amount of interest due shall in the absence of manifest error be conclusive.
ORDER PROCESS AND FORMATION OF CONTRACT
4.1 The Website merely illustrates our Products and the packaging of our Products. Your computer may not accurately display the colours of the Products. Although we aim to accurately depict our Products and their packaging, there may be differences between the packaging and the colours of the Products delivered to you and those shown on our Website.
4.2 All orders are subject to acceptance and availability. If we are unable to supply you with the Products in your order due to matters such as unavailability of stock, materials, key staff or an event outside our control, we will notify you and we will not proceed with the order and refund any sums you have paid us.
4.3 If the Products are temporarily unavailable, we will notify you by email of the date they are expected to be available. You will have the option either to wait until they are available or to cancel your order. If you cancel your order, we will refund any sums you have paid us.
4.4 Any order placed by you for the Products constitutes an offer to purchase them from us.
4.5 You agree that if we contact you to acknowledge receipt of your order such communication shall not amount to our acceptance of your offer to purchase the Products.
4.6 A contract between you and us for the supply of the Products (the 'Contract') incorporating the version of this Agreement in force at the time of your order will come into existence when we send you the Confirmation Notice relating to your order. You may print and keep a copy of the Confirmation Notice for future reference.
4.7 A 'Confirmation Notice' means an email which we send to you to confirm that we have dispatched the Goods and/or shall be providing the requested Services. A Confirmation Notice will be our acceptance of the offer made in the order to which that Confirmation Notice relates.
4.8 If you think that there is a mistake in the Confirmation Notice or if you wish to make any changes, please contact us to discuss this. If you request a change, we will tell you if that is possible and about any changes to the price, delivery or performance dates or any other changes that we need to make as a result of your request. We will ask you if you wish to go ahead with the change.
4.9 We may make
Minor technical adjustments to the Products to improve them or to comply with relevant laws and regulatory requirements,
Changes to this Agreement as a result of changes in any relevant laws and regulatory requirements, • Changes to this Agreement as a result of changes in how we accept payment from you,
Changes in the amount payable by you to the extent of any changes in the VAT included in the price or payable in relation to the price.
If we make any changes in accordance with this clause 4.9 we will give you written notice of the changes before we supply the Products. You can choose to cancel the contract if the change would be significantly to your disadvantage.4.10 Any variation to this Agreement which have been incorporated into the Contract other than those mentioned in clause 4.9 shall only be binding when agreed in writing and signed by you and us.
DELIVERY AND ESTIMATES
The Products will be delivered to you at the address you provided during the order process. Delivery is deemed to take place when the Products are delivered to your address, whereupon the risk of loss, breakage, damage and all other risks shall pass to you.
Any dates quoted for delivery of the Products are approximate only. The Company will use all reasonable endeavours to comply with the time estimates but any time estimates shall not be binding upon the Company and the Company shall not be liable for any losses resulting from delay in delivery or performance.5.3 Any fluctuation in the time required to provide the Products will not in and of itself affect the applicable fees detailed on the Website.5.4 The Customer shall inspect the Products immediately upon delivery and shall within seven days after delivery or performance give notice to the Company of any matter or thing by reason whereof it may allege that the Products and not in accordance with the Website. If the Customer shall fail to give such notice the Products shall be deemed to be in all respects in accordance with the Website and the Customer shall be bound to accept and pay for the same accordingly.5.5 The Company shall not be liable for loss or damage to Products in transit unless the loss or damage occurs prior to arrival at the Customer’s address and damage is reported to the Company within three days of arrival.
6.1 The method of carriage of the Products will be at the Company’s discretion however if the Customer requires the Products to be sent by a particular method of carriage then any additional cost of such method of carriage will be payable by the Customer.6.2 The Customer must inform the Company and the carrier in writing (otherwise than upon the carrier’s documents) within 10 days of the date of dispatch if the Products have not been delivered and within three days of arrival of the Products of any damage, pilferage or shortage.
Refunds may be available at the sole discretion of the Company and the Customer shall be responsible for all fees associated with carriage upon the return of any Products.
Neither party will disclose to any third party, nor use for any purpose except as expressly permitted by this Agreement, any Confidential Information belonging to the other party.Neither party will be in breach of any obligation to keep any Confidential Information of the other party confidential or not to disclose it to any third-party to the extent that it:
was rightfully in the receiving party’s possession prior to disclosure to it by the other party;
is already public knowledge or which becomes so at a future date (otherwise than as a result of breach of this Clause 11);
is received from a third party who, to the knowledge of the receiving party, is not under an obligation of confidentiality in relation to the information;
is developed independently without access to, or use or knowledge of, the confidential information, or
is required to be disclosed by operation of law, or court order.
Either party may terminate this Agreement with immediate effect.On termination, the Customer shall pay to the Company all of the Company’s outstanding unpaid invoices and interest in respect of the Products and/or Services supplied together with payment for any works carried out up to and including the date of termination upon presentation of an invoice.
The due performance of this Agreement is subject to alteration or cancellation by either party owing to any cause beyond their reasonable control. The Company shall not be liable for any loss or damage caused by acts outside its control.
Any modification or deletion of a provision or part provision under these terms and conditions shall not affect the validity and enforceability of the reset of these terms and conditions.
LIMITATION OF LIABILITY
12.1 Riding an electric motorcycle off road or on road involve the risks and dangers of serious bodily injury including, but not limited to, disability, paralysis, dismemberment and death. These inherent risks and dangers may be caused by the Customer’s own actions or inactions, the actions or inactions of others, participating or not participating in the activity, the condition in which the activity takes place, or the negligence of others. There may be additional risks, including social and economic loss, either known or unknown to you, not readily foreseeable, and the Customer fully accepts and assumes responsibility for all such risks, losses, costs, and damages incurred as a result of your participation in riding an electric go-kart12.2 The Company shall provide the Customer with an owner’s manual in respect of the Products and the Customer shall be required to observe all guidance/rules provided in the owner’s manual.12.3 Any claim to the effect that the Products do not conform to the description or specification as detailed on the Website shall be limited to the invoice value or to the proportion of such value as may be related to the quantity or proportion of the Products concerned. Settlement of any such agreed claim shall be either by replacement of the Products concerned or by an appropriate price allowance at the Company’s discretion.
12.4 Nothing in these terms and conditions shall limit or exclude the Company’s liability for death or personal injury caused by its negligence or the negligence of its employees, agents or subcontractors.
The Company will not be liable to the Customer whether in contract, tort, breach of statutory duty or otherwise arising under or in connection with these terms and conditions for:
(a) any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities; or
(b) any special, indirect or consequential loss or damage; or
(c) damage caused to the Products by improper assembly or disassembly or any abuse misuse or neglect by the Customer.
12.5 The Customer shall be responsible for the safe operation and use of the Products and the Company will not be liable to the Customer in any way for losses resulting from the Customer’s use of the Products or any other acts outside of the Company’s control.
The Company shall provide a warranty for a period of one year commencing on the date of delivery of the Product (“the Company Warranty”) The Company Warranty shall provide cover in respect of manufacturer’s defects or defects arising out of normal domestic use.
The following exclusions shall apply to the Company Warranty:
Normal wear and tear;
Damage caused by improper assembly, disassembly or use;
Adverse weather and other forces of nature;
Any abuse, neglect or misuse by the Customer or any failure to use the Products in accordance with any instructions provided by the Company or the manufacturer.; and
Deterioration by aggressive substances
If a Customer considers that they have a claim under the Company Warranty, they shall be required to:
Notify the Company immediately by email with a full description of the damage and photographic evidence of same.
Repack the defective parts in the original packaging and notify the Company when the goods are ready to collect. For the avoidance of doubt, the Company will not repair or replace the goods where they have been damaged by the Customer packaging same.
After the Company has examined the defective part(s), it will arrange for re delivery of a replacement part subject to stock availability, provided that the goods have not been used or mistreated in any way by the Customer. If, in the Company’s opinion there is evidence that the goods have been used and that the damage has been incurred as a result of such use, the Company reserves the right as to either a) accept the goods for full replacement, b) offer a replacement part on payment of a 50% repair charge or c) decline to accept the goods and return them to the Customer in their damaged state. Under these circumstances, the Customer will be liable for the carriage cost of collection and return.13.4 The Company’s liability under the Company Warranty shall be limited to the repair or replacement of the non-confirming goods or parts within a Product.13.5 No other warranty, whether expressed or implied, is made by the Company.
The Company shall not be liable for any loss or damage whether direct or indirect arising from third party products or service providers.
The Company is committed to providing a quality service and product to the Customer. However, if the Customer is dissatisfied, any complaints should be raised in writing within 28 days of receiving any Products.
The Company respects your privacy and is committed to protecting your personal data and keeping it safe. It is our aim to be clear about how we collect, process and look after your personal data. We only collect the information that we need or that you agree we can collect, and will never sell your data or share it with a third party without your express authorisation, or if it is required by law.
THIRD PATRY RIGHTS
A person who is not a party to this Agreement will not have any rights under or in connection with it by virtue of the Contracts (Rights of Third Parties) Act 1999.
These terms and conditions shall be governed by and construed in accordance with the laws of Northern Ireland.
Each party irrevocably agrees that the courts of Northern Ireland shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms and conditions.