Hello and welcome to our Terms and Conditions.
We’ve tried to make them simple, but if there is anything that is not clear, please contact us. They are intended to bind you, whether you just visit the Site or use our services.
These terms do change from time to time and we will assume that you have read them each time you visit us.
If there is anything you don’t understand, please let us know and we’ll do our best to explain.
There are various parts to these terms, which are as follows:
- E-Vehicle Sales and Purchase Terms – the terms which apply when you use our service.
In all parts of the terms, the following words will have the following meanings:
|We, Us, Our||means E WHEELERS LIMITED, Company No. 13288943, New Connexion House, 2 Marsh Lane, Shepley, Huddersfield, England, HD8 8AE.|
|Site, Website||means www.ewheelers.co.uk|
|You, Your||means a visitor to the Site, the purchaser of a Product, or someone who wishes to use our Services.|
|Account||means the account we may require you to open, if you wish to use our Services.|
|Agreement||means the agreement you make with us, if you wish to use the Site or the Services.|
|Consumer||means a Consumer, as defined by the Regulations.|
|Content||means any text, graphics, images, audio, video, software, data compilations, and any other form of information capable of being stored in a computer that appears on or forms part of the Site.|
|E-Vehicle||Means any e-bike, s-pedelec, e-scooter, e-skateboard, and any other electric-powered vehicles as the site may have categories for.|
|IP||means Intellectual Property and all rights associated with the use of that Intellectual Property.|
|IPR||means Intellectual Property Rights and includes copyright (and related rights), designs, patents, trademarks, and all other intellectual property rights that may exist in anything that we may create or produce as part of the Services. This includes all such rights, whether they are registered or unregistered, and the rights to apply for renewals or extensions of those rights (where relevant).|
|Material||means any recorded material which appears on the Site, all images on the Site, all written material, including books, e-books, guides, blogs, and any other matter of any nature the IPR of which belongs to us or those affiliated to us.|
|Services||means the service we supply through the Site.|
|Regulations||means the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.|
|Terms and Conditions||mean the terms and conditions contained herein.|
These Terms and Conditions apply to anyone visiting the Site, whether you use our Service or not.
1. YOU PROMISE US
- You agree that:
- You are over the age of 18 years.
- You will have only one Account with us.
- You will not pretend to be someone else when you use the Site.
- If you link to another site through us, you will read their terms and conditions.
- You will not use robots, spiders, scrapers or similar things on the Site.
- You will not try to get around any things we put on the Site to stop or limit access to parts of it.
- You will not do anything that might cause our systems to crash.
- You will not steal the Site or any part of it for use in any other site or application.
- You will not try to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any of the systems we use.
- You will not use our trademarks and/or designs and/or layout before asking us.
2. INTELLECTUAL PROPERTY
2.1 We and our business partners own all of the IP and IPR on the Site and in the Services. Neither the Site nor the Content may be copied, duplicated, reproduced, modified, sold or used, in any way, for any purpose without our written consent.
2.2 We will retain ownership of any and all IPR that may subsist in the Services. You may not use such IPR for any purpose, whether commercial or otherwise.
2.3 All trademarks and logos on the Site are our property (or those of our affiliates and any third parties associated with us) and are protected, where we feel it necessary, by trademark, copyright and such other protection that we feel appropriate.
2.4 You may download and print any Material for your own use only, and not for any commercial or other use whatsoever. None of the material contained in any printable may be extracted, copied, or otherwise used except as provided for in this clause.
3.1 We are not able to promise that the Site will work how you expect it to work. We have tried to make it function in a manner that we think will match your expectations, but we are unable to guarantee that it will.
3.2 We are not able to guarantee that the Site will work with your device or will be secure. Of course, we take reasonable steps regarding security, but our ability to control viruses, malware, hackers, and other wrongdoers is limited as they always try to be one step ahead.
3.3 Whilst we take reasonable precautions to ensure the accuracy of information we publish on the Site, we cannot guarantee its accuracy and suggest that, if any information is important to you, you verify it independently.
3.4 Any advice we offer on the Site is only general in nature and may not apply to you. You should seek specialist advice in connection with any use of the Products if you are in any doubt as to such use.
3.5 If using the Site causes your device issues unless we have caused them deliberately or recklessly, we have no responsibility to put them right.
3.6 If you link to another site through the Site, you undertake to make sure that the other site is safe to do so. We have no control over the sites we link to.
4. AVAILABILITY OF THE SITE
4.1 We never guarantee that the Site will be available all the time and if it is not available for any reason you cannot hold us responsible for anything you lose as a result.
4.2 We have the right to change the Site and the Services it offers, suspend it or stop it at any time, without compensating you.
5. LIMITATION OF LIABILITY
5.1 As far as we are allowed by law, we deny liability for any loss of all kinds which you incur from visiting the Site. You use the Site at your own risk.
5.2 Nothing in these Terms and Conditions excludes or restricts our liability for death or personal injury resulting from any negligence, or fraud, on our part.
6. LINKS TO OTHER WEBSITES
6.1 We do not control any of the websites we link to and are not responsible for their content. We have no liability if you lose anything when using such a site.
6.2 We are not responsible for evaluating other sites to which we may link from the Site. We have no responsibility or liability for the actions, contents, products, or services of other sites. You agree to read and review the terms and conditions and privacy policies of all sites we link to.
6.3 A link to another site does not mean that we endorse or recommend that site.
6.4 We can never guarantee that a link that we offer will work.
7. MODIFICATIONS TO THESE TERMS AND CONDITIONS AND THE SITE
7.1 These Terms and Conditions will change from time to time, and we do not have the resources to let all our visitors know about the changes.
7.2 Each time you visit the Site, you agree to look at this page to see if we have changed any Terms and Conditions.
7.3 We may change the Site as often as we choose, and these Terms and Conditions will still apply to any changes we make.
8. Data Protection and Privacy
9. No Waiver
No failure by us to enforce any provision in these Terms and Conditions will constitute a waiver of the right to subsequently enforce that provision or any other provision of these Terms and Conditions. Such failure will not be deemed to be a waiver of any preceding or subsequent breach and will not constitute a continuing waiver.
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 rest of these Terms and Conditions and the remainder of the provision in question will not be affected.
11. Third Party Rights
No person who is not a Party to these Terms and Conditions has any rights under the Contracts (Rights of Third Parties) Act 1999.
12. FORCE MAJEURE
No Party to these Terms and Conditions, and any Agreement made under them, shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.
13. ADDITIONAL TERMS
13.1 Operative Law – These Terms and Conditions and any Agreement under which they operate are made under the laws of England and Wales and that is the only jurisdiction which can govern them.
13.2 Partnership/Joint Ventures – We are not entering into a partnership or co-venture with you.
13.3 Effect – These Terms and Conditions supersede all previous Terms and Conditions and represent the entire understanding between you and us.
13.4 Time of the Essence – Time will not be of the essence in any part of these Terms and Conditions.
13.5 Notices – If either you or we need to give formal notice to the other it must be done by email to the address each of us gives to the other from time to time.
13.6 Entire Agreement – These Terms and Conditions contain the entire understanding between us.
If you are selling a vehicle using our Services, the following terms will apply.
1. YOUR E-VEHICLE
1.1 All images of the e-vehicle you are selling and which you upload to the Site must reflect the true state of the vehicle on the date upon which you advertise it for sale.
1.2 All details you publish on the Site must be complete and accurate, in all respects.
1.3 If the vehicle is not roadworthy, for any reason, or does not possess a valid MOT (should it need one), at the time you publish your Ad with us, or that MOT expires whilst the Ad is on the Site, you must make that clear in the Ad.
1.4 You warrant that you own the vehicle or that you have the full authority of the owner to advertise it for sale.
2. THE AD
2.1 The wording you use must be decent and honest and not in any way deceitful.
2.2 We have the absolute right to reject any Ad, without applying a reason for such rejection.
2.3 We will contact you, by email, to confirm that we have accepted your Ad. Until we have accepted your Ad, you may withdraw it and we will refund any money you have paid, using the same method by which you paid us.
2.4 The Ad will appear on the Site until:
2.4.1 you tell us it is sold; or
2.4.2 the period of 8 weeks; or
2.4.3 we cancel the Ad.
2.5 You warrant that all images supplied by you to us are your property and that you have the unrestricted right to allow us to publish them and any text you use on the Site.
2.6 You give us a non-exclusive, worldwide, royalty-free right to use all images and text you supply to us in connection with the Ad, both in the Ad itself and for use with our own marketing and publicity campaigns.
2.7 In publishing the Ad, you will ensure that you comply with all legislation current at the time of such publication, and which might affect it.
2.8 Your Ad will relate only to one vehicle.
2.10 You accept that we make no warranty that you will obtain a sale when using the Site.
3. IF YOU ARE BUYING A VEHICLE
If you are buying a vehicle using the Site, the following terms will apply.
3.1 We have no ability to verify that the information supplied in the Ad is accurate, complete or correct.
3.2 We have no ability to value vehicles for sale on the Site.
3.3 You must take all reasonable steps to verify that the vehicle is in the order and condition described in the Ad and that the price is a fair price for that vehicle.
3.4 Whilst we try to confirm that no fraudulent activity occurs through the Site, our ability to monitor fraud is very limited and you must take such steps as you consider appropriate to confirm that the information is complete and correct.
3.5 We always recommend that you do not buy a vehicle based on the description in the Ad alone, and that you test every vehicle you are considering for a reasonable period, to ensure that it matches your requirements and the seller’s description.
4. Term and Payment
4.1 The Term of our agreement with you is for the period described in clause 2.4.
4.2 If any amount due to us under these Terms and Conditions is unpaid for more than 14 days after its due date, we may:
4.2.1 charge you interest on all unpaid sums, at the rate of 10% above the base rate, for the time being, of Barclays Bank PLC, from the due date until the actual date of payment; and
4.2.2 charge you a fee of at least £25 to cover the administrative costs we are put to in seeking payment; and
4.2.3 suspend or terminate the Ad, with no liability of any nature to you, for any losses you may suffer as a result.
5.1 If you want to use our Service as the seller of a vehicle, you must have an Account.
5.2 When you create an Account you promise that:
- All information you give us is accurate and truthful.
- You will keep this information accurate and up-to-date.
- You will not share your Account with anyone else.
- You will keep your Account details confidential.
- You will not give your username or password to anyone else.
- You will log off when you exit the Account.
5.3 We may close your Account if you break these Terms or if there has been no activity on the Account for 12 months and you do not reactivate the Account after we have requested that you do so.
5.4 If you do anything which we think might be fraud, we have the right to report those actions to the Police and the money standing to the credit of your Account may be kept by us to cover the costs we are put to in dealing with your fraud.
5.5 You may only have one Account with us.
5.6 If you change your address at any other time you must tell us.
5.7 You can cancel your Account with us at any time; all you need to do is to email us at email@example.com but if you cancel in this manner, we will not refund any unused part of the fee you have paid us.
6. Data Protection
6.2 You warrant that you will, at all times, comply with GDPR.
7.1 We have the right to end our agreement with you immediately and by email and to refuse you the use of the Services, if you break any of these Terms and Conditions and in that event, we will not refund any part of the Fee you have paid.
7.2 We have the right to end our agreement with you by giving you 7 days’ notice by email, without reason, but in that event, we will refund to you the unused portion of the Fee.
7.3 You may end the agreement with us at any time by email but we will not refund any part of the Fee to you.
Ad – the advertisement selling the vehicle
Fee – the fee you pay us to publish the Ad
MOT – Ministry of Transport Test Certificate