Wisper Terms and Conditions

 www.amps.bike and www.wisperbikes.com are websites operated by Amps Electric Bikes Ltd registered in England and Wales under company number 9541035. The registered office is Creasy Son & Wickenden, 4 Pembroke Rd, Sevenoaks, TN13 1XR. Amps Electric Bikes Ltd trades as Wisper Electric Bikes, in the sale and supply of electric bikes, bikes accessories. The buyer (“you”) means any person, sole trader, partnership, business, corporation or other entity detailed in the appropriate section of the sales invoice/order form and shall include all successors, heirs and assigns. Where a person deals entirely as a consumer, their legal rights shall remain unaffected. Any reference to you within these terms and conditions shall be as a consumer buyer unless specified as being a reference to a trade buyer. The “Goods” means the items detailed in the appropriate section of the sales/order form and is a core term of the contract between us that any and all ancillary items are additional to such contract unless otherwise specified within the sales invoice/order form. The “Price” means the amount payable to Amps Electric Bikes Ltd for the Goods plus VAT, and the amount paid to the delivery service provider for the supply of delivery services unless otherwise stated. Prices quoted may vary during the currency of brochures (upwards or downwards) and current prices are quoted at the time of order. In respect of orders placed via the Internet, these shall not be accepted by us until confirmed by us to you, via an email Despatch Confirmation notice. For orders placed by customers residing within the EU, prices include VAT charged at the rate applicable from time to time. VAT does not apply to orders that are to be shipped outside the EU or to the Channel Islands. However all Goods delivered to Jersey above a certain value (including delivery costs levied by a third party delivery service provider), will be subject to a ‘Goods and Service Tax’ (“GST”) depending on the value of the Goods. It is your responsibility to pay this GST. If the GST is not paid, the delivery service providers will be unable to deliver the Goods. Please note that local tax and customs duty may apply. For full details please consult your local Customs office. If you select a delivery country outside the EU, prices will be displayed VAT free. These terms and conditions apply to all of our quotations, orders (including telephone orders) and contracts for the sale or supply of Goods by Amps Electric Bikes Ltd. In respect of any sales of Goods to trade buyers, any other terms or representations, whether implied by statute, made prior to, collateral with or subsequent to the contract or order, are hereby excluded and will not be binding upon us. In respect of consumer buyers, additional conditions will only be binding upon us if confirmed in writing by us to you. Amps Electric Bikes Ltd reserves the right to amend technical or clerical errors in any order without notice. In addition, you must ensure that all details contained within the order are correct and we will not accept any liability for any error or inaccuracy in any order.THE CONTRACT After placing an order, you will receive an email from us acknowledging that we have received your order for the Goods, and the delivery services you have requested from the delivery service provider. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to Amps Electric Bikes Ltd to buy Goods. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that the Goods have been dispatched by the delivery service provider (the “Dispatch Confirmation”). The contract between you and Amps Electric Bikes Ltd will only be formed when we send you the Dispatch Confirmation. The contract will relate only to those Goods whose dispatch (by the delivery service provider) we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Goods which may have been part of your order until the dispatch of such Goods has been confirmed in a separate Dispatch Confirmation.CONSUMER RIGHTS FOR DELIVERY TO THE UK ONLY On the condition that you are a resident of the UK and the Product is being delivered to an address within the UK, you may cancel your contract with us for the Goods you order at any time up to the end of the 28th day from the date you receive the ordered Goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty. To cancel your contract you must notify us in writing at our head office, at Creasy Son & Wickenden, 4 Pembroke Rd, Sevenoaks, TN13 1XR.  If you have received the Goods before you cancel your contract then you must send the Goods back to us at your own cost and risk. If you cancel your contract but we have already processed the Goods for delivery, you must not unpack the Goods when they are received by you and you must send the Goods back to us at your own cost and risk as soon as possible.  Once you have notified us that you are cancelling your contract, any sum debited to Amps Electric Bikes Ltd (in respect of goods provided by us and delivery services provided by the delivery service provider) from your debit or credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the Goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the Goods delivered to you by the delivery service provider or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the Goods from the amount to be re-credited to you. Similarly, any amounts debited from your debit or credit card in respect of delivery charges payable to the third party delivery contractors shall be re-credited to your account as soon as possible by the relevant delivery contractor or by us on their behalf. 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, we may have a right of action against you for compensation.CANCELLATION BY AMPS ELECTRIC BIKES LTD We reserve the right to cancel the contract between us if: (a) we have insufficient stock to deliver the Goods you have ordered (b) the delivery service provider does not deliver to your area (c) one or more of the Goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers; or (d) we have reason to suspect that there is a risk of a fraudulent transaction. If we do cancel your contract, we will notify you by email and will re-credit to your account any sum deducted by us (in respect of Goods provided by us, and delivery services provided by the delivery service provider (unless amounts in respect of delivery are refunded directly by the delivery service provider), from your debit or credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.GUARANTEES All guarantees in respect of Goods are provided entirely by the manufacturers/UK importers and are subject to terms contained therein. You are reminded to complete all warranty cards/documents upon receipt of the Goods where appropriate.TITLE Title to the Goods shall pass to you when the Goods ordered are collected on your behalf by the delivery service provider and leave our warehouse. In the event that sums owing in respect of other Goods ordered within a single order remain due, we shall apportion the sums owing for such Goods without prejudice to our right to retain title in respect of all Goods ordered.DELIVERY Amps Electric Bikes Ltd does not supply delivery services in respect of Goods sold to non-UK resident customers. If you require your Goods to be delivered to you, we will arrange delivery on your behalf with third party delivery service providers. Any amounts we receive from you in respect of delivery charges will be passed on to the third party delivery service providers used. If you want to you use your own delivery contractor you must notify us at the time of placing your order. If requested to arrange delivery of your Goods, we will arrange for the Goods ordered by you to be delivered to the address you specify for delivery at the time you make your order. Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of your order. For orders placed by and delivered to customer’s resident in the EU but outside the UK, we will arrange delivery of your Goods on your behalf with third party delivery service providers at specially agreed discounted rates. Any amounts we receive from you in respect of delivery charges will be collected on behalf of the delivery service provider and remitted to them. For orders placed by and delivered to customers resident in the UK, the Goods will be delivered via the purchaser’s nearest Amps Stockist.  A delivery charge will apply for delivery of goods to the Stockist.  Once Goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction. You must notify us in writing of any shortage, mis-delivery or other discrepancy in any Goods ordered immediately, or at the latest within three working days of such shortage, mis-delivery or other discrepancy, thereafter you shall be liable for any such shortage, mis-delivery or other discrepancy. Where we have arranged delivery on your behalf with a third party delivery service provider, any claims for loss or damage in transit should be made directly to the delivery service provider. We will assist you in making any such claim, or alternatively we can deal with such claim on your behalf, at your reasonable cost. You should retain all packaging in the event of a claim or return within the terms of these terms and conditions. If your delivery address is outside of the EU, you may be required to pay import duties and taxes when your order reaches your country. These and any additional charges for customs clearance are your responsibility.LIABILITY If the Goods we deliver are not what you ordered or are damaged or defective, we shall have no liability to you unless you notify us in writing at our head office (as set out above) of the problem within three working days of the delivery of the Goods in question. If any Goods are alleged to be damaged or defective, you must return such Goods to us for inspection and report (without any obligation on us to replace the said Goods prior to such inspection). You further confirm that it shall be reasonable for us to inspect, repair or replace (at our option) such defective Goods and allow manufacturers to undertake inspections so as to allow production methods to be modified. You further accept that it is reasonable to inform us of any interruption, defect or other failure prior to contacting independent third parties or incurring expense and to allow us to remedy the defect, failure or interruption. If you notify a problem to us, our only obligation will be, at our option: (a) to replace or repair any Goods that are damaged or defective; or (b) to refund to you the amount paid by you for the Goods in question in whatever way we choose. Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under these terms and conditions and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the Goods in question. You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase Goods from our site. We make no representation and accept no liability in respect of the export or import of the Goods you purchase. Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer neither under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.INSTALLATION AND USE OF GOODS Any advice given by our agents or servants during telephone/Internet orders is based entirely upon information provided by you. Where advice is given after visual inspection by our agents or servants, such advice shall amount to an opinion only and we shall not accept liability for any inaccuracies therein. Goods supplied are supplied only to correspond to the purpose for which Goods of that kind are commonly supplied and not for any alternative uses to which they may be put. We shall accept no liability for any failure of Goods due to any such alternative use, including using the Goods to tow other equipment, any amendment or modification. You confirm that you shall comply with any and all rules relating to installation of the Goods and fully accept that we shall not be liable for any loss which results from forced, misdirected, inappropriate or unqualified installation of any Goods or not adequately maintained the Goods. Furthermore, we shall accept no liability for death or personal injury, unless caused directly by our own negligence. Any Goods or parts of them that are modified or adapted by you or any third party shall no longer be warranted by the manufacturer nor shall we be liable for any failures resulting from any such modification or adaptation.COMPETITION GOODS Any Goods specified as and supplied as ‘Competition Goods’ are supplied for specialist use and are subject to extreme wear and stress whilst in use. The life expectancy and durability of such Goods are greatly reduced and you should note that any claim for failure or wear shall be limited to that of the manufacturers’ guarantees. You agree that such use shall be a relevant circumstance for the purposes of the Sale of Goods Act 1979 (as amended). In addition, any parts connected to Competition Goods may be placed under stress and you should take advice from experts prior to purchase of such parts. You should also be aware that manufacturers may limit their guarantees when parts are installed for competition use.PAYMENT TERMS Please note that all website and mail order payments are taken in full at the time of order, regardless of stock. The total price paid represents an amount to us for the supply of Goods, and an amount collected by us on behalf of the delivery service provider for the supply of delivery services.Quotations are given on the assumption that no variation in the Price will be made by the manufacturer/sole importer and that Government levies remain unaltered. In the event of such changes, the Price of any orders placed before the variation will remain the same and no further increases will be passed to you.Deposits paid to Amps Electric Bikes Ltd in respect of orders placed are non refundable.EVENTS BEYOND OUR CONTROL We shall accept no liability in respect of any failure to deliver Goods you have ordered or any delay in doing so or for any damage or defect to Goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident, acts of God, war or actions by third parties.THIRD PARTY RIGHTS Notwithstanding any other provisions of these terms and conditions, nothing in these terms and conditions shall confer, nor is it intended to confer, a benefit on any third party (for the purposes of the Contract (Rights of Third Parties) Act 1999 or for any other purpose).JURISDICTION These terms and conditions shall be governed by and interpreted in accordance with English Law and industry custom and practice, and the English courts shall have exclusive jurisdiction in respect of any claims or disputes (whether contractual or non-contractual) arising thereof.ENTIRE AGREEMENT These terms and conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the Goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any Goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.PRIVACY POLICY. PLEASE NOTE: We value your privacy and therefore do not disclose information to third parties. Cookies are used on this shopping site only to keep track of the contents of your shopping cart once you have selected an item, and to store delivery addresses when you register. You may refuse to accept cookies by activating the setting on your browser; however, by selecting this setting you may be unable to access certain parts of our site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our site. When you pay for Goods your details are passed through our payment service provider system purely for payment processing and anti-fraud purposes, for your protection. We are committed to protecting your privacy. We will only use the information that we collect about you lawfully in accordance with the Data Protection Act 1998. We will collect any information given at the time of the ordering process only to enable us to input and process your order.ACCURACY All orders you place on this website will be subject to our acceptance in accordance with these terms and conditions. The ‘confirmation’ stage sets out the final details of your order. Following this, we will send you an email acknowledging the Goods you have ordered from us and the delivery services ordered from the delivery service provider. Please note this email is not an order confirmation or order acceptance from Amps Electric Bikes Ltd. Acceptance of your order and the completion of contract between you and us will take place on despatch to you by the delivery service provider of the Goods ordered, unless we have notified you that we do not accept your order or you have cancelled it. Please note the Price you pay for Goods supplied by Amps Electric Bikes Ltd, and the delivery service provided by the delivery service provider, is the price displayed on this website at the time we receive your order, apart from the following exception: Whilst we try and ensure all prices on our website are accurate, errors may occur. Should we discover an error in the Price of Goods you have ordered we will inform you as soon as possible. At this time we would give you the option of reconfirming your order at the correct price or cancelling it with monies paid refunded. If we are unable to contact you, we will treat the order as cancelled. All specifications are advised by the manufacturer; however these can be subject to change by the manufacturer at any time, without prior warning.COPYRIGHT NOTICE Any and all trademarks mentioned on our website and / or paperwork belong to the owners of those. The content of this website is copyrighted by Amps Electric Bikes limited of Kemsing Kent. You may only copy images for personal use, not commercial use. If you require authorisation to reproduce images commercially please contact Amps Electric Bikes direct. If you wish to use any text from the website please contact Amps Electric Bikes direct, otherwise no copying or text, phrases, company icons, or other material from this website is allowable.EXTERNAL LINKS External links within the Amps Electric Bikes website may be provided for your convenience, but they are beyond the control of the website owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk