TERMS & CONDITIONS

These e-Commerce Terms & Conditions (“Terms”) govern any Orders for Products placed by a customer (“you”) on our website www.emeks.co.uk/ (the “Website”) and your relationship with EMEKS MOTO LTD, a company incorporated in England and Wales under number 12671418 and whose registered office is at Fairview, Baylham, Ipswich, IP6 8LE, England (“EMEKS”, “us” or “we”).

 

Please read these conditions carefully before placing an Order with EMEKS. By placing an Order for Products with EMEKS, you signify your agreement to be bound by these Terms.

 

  1. Orders
    1. All orders that you place on the website (“Orders”) are subject to acceptance by EMEKS and subject to the availability of the relevant products on the website (as made available by EMEKS from time to time) (“Products”). If the Products ordered are not available, you will be notified by e-mail (or by other means if no e-mail address has been provided) and you will have the option either to wait until the Products are available from stock or to cancel your Order.
    2. Any Orders placed by you will be treated as an offer to purchase the Products from us and we have the right to reject such offers at any time. When you place an Order to purchase a Product from EMEKS, we will send you a message confirming receipt of your Order and containing the details of your Order (the “Order Confirmation”). The Order Confirmation is acknowledgement that we have received your Order, and does not confirm acceptance of your offer to buy the Product(s) ordered. We only accept your offer, and conclude the contract of sale for a Product ordered by you, when we: (i) debit your credit, debit card or Klarna account or (ii) dispatch the Product(s) to you and send an e-mail confirming to you that we've dispatched the Product(s) to you (the “Dispatch Confirmation”) (whichever is earliest). If your Order is dispatched in more than one package, you may receive a separate Dispatch Confirmation for each package, and each Dispatch Confirmation and corresponding dispatch will conclude a separate contract of sale between you and us for the Product(s) specified in that Dispatch Confirmation.
    3. You must be over 16 to place an Order through the Website.
    4. The Products sold on the Website are not intended for commercial re-sale or distribution. We reserve the right to cancel Orders and/or suspend accounts where we believe Products are being ordered in breach of this provision.
    5. We reserve the right to limit the sale of our Products to specific quantities per person or per household, or to specific geographical locations.
    6. You agree to provide current, complete and accurate purchase and account information for each purchase made through the Website.
  2. Delivery, Title and Risk
    1. You will assume the risk for the Products once they have been delivered to the delivery address which you specified in your Order. We accept no liability where you provide an incorrect delivery address or where you fail to collect the Products from the delivery address which you specified. Risk in the Products will only transfer back to EMEKS upon our (or our agents’) physical receipt of the Products in the event that they are eligible to be returned in accordance with these Terms.
    2. Title to any Products that you order on the Website shall pass to you on delivery of the Products provided that we have processed and received payment in full for those Products.
    3. Please note that unless otherwise stated on the website, delivery estimates are estimates only; they are not guaranteed delivery times and should not be relied upon as such.
  3. Price and Payment
    1. All prices shown on the Website are inclusive of VAT (where applicable) at the current rates and are correct at the time of entering the information onto the system. We reserve the right, however, to change prices at any time without notice to you (subject to clause 3.5).
    2. All purchases must be made in pounds sterling. International credit card providers or banks will determine the exchange rate and may add an additional processing or administration charge in relation to such payment which international credit card holders will be liable to pay.
    3. If your delivery address is within the United Kingdom, no additional taxes will be charged to you. If your delivery address is outside of the United Kingdom you may be subject to import duties and taxes (including VAT), which are levied once a delivery reaches your destination country. Any such additional charges must be borne by you and we have no control over such charges. You should note that customs policies and practices vary widely from country to country. Additionally, please note that when ordering from EMEKS, you are considered to be the importer and you must comply with all laws and regulations of the country in which you are receiving the Products. Your privacy is important to us and we would like our international customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities. We recommend that you contact your local customs office for information.
    4. Payment can be made by any major credit or debit card or via Klarna. Payment will be debited and cleared from your account before the dispatch of your Products to you.
    5. In the unlikely event that the price shown on a Product webpage or the checkout page is wrong, and we discover this before dispatching your Order in accordance with clause 1.2, we are not required to sell the Products to you at the price shown. We always try and ensure that the prices of Products shown on our Website are accurate, but occasionally genuine errors may occur. If we discover an error in the price of the Products that you have ordered we will let you know as soon as possible and give you the option of re-confirming your Order at the correct price or cancelling it.
    6. You confirm that the credit, debit card or Klarna account that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us we will not be liable to you for any delay or non-delivery.
    7. If your credit or debit card payment is not processed successfully for any reason, we reserve the right to re-attempt to process payment. We will give you at least 48 hours’ notice in advance of any re-attempt to process payment by sending an email to the email address you have provided to us. If you do not want us to re-attempt to process payment, you must cancel your Order within 48 hours of us sending you this email.
  4. Product Information and Warranties
    1. We are not responsible if information made available on the Website is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions. You hereby acknowledge that your remedy for faulty Products may be limited to refund, repair or replacement of those Products.
    2. We warrant that all Products will be of satisfactory quality. Unless otherwise stated on the Product webpage for the applicable Products in your Order, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Terms.
    3. We do not warrant that certain Products will be available at any time. We reserve the right to discontinue any Products at any time.
    4. We have used reasonable efforts to display the colours and images of our Products on the Website accurately, but we cannot guarantee that your device will display any colour accurately. Images of Products are for illustrative purposes only.
    5. We will try to dispatch your Order as soon as possible, but you acknowledge and agree that we cannot guarantee any timeframes and any timeframes for delivery are estimates only.
  5. Cancellation Rights and Returns
    1. It is important that you check your Order upon receipt of the Products and always before use. If any errors occur or issues arise then these need to be reported to us immediately so that we can investigate.
    2. What should I do if I receive an incorrect item? We have high standards when it comes to packaging your Order, however mistakes do occur from time to time. Please accept our apologies if you have received an incorrect item. We will review each case individually when considering the return of the product; in some cases we may require further information such as pictures so we can choose the best course of action. Our aim is to provide the best solution for you as quickly as possible. 
    3. What should I do if my item is damaged? Although we take care to prevent any damage to your Products during transit it is possible that problems may arise. Please accept our apologies if you have received a damaged item.  You can contact us by emailing info@emeks.co.uk. Please attach any pictures you have of the damage to the message. A member of our team will review the details and offer the best resolution to resolve the issue.
    4. Will you refund my postage costs to return an item? We are more than happy to refund postage costs to return a Product where the return is required due to our error. For instance: (i) if we sent you the wrong item; or (ii) if the item is damaged or faulty. We will not refund postage costs to return any items:
      1. due to reported damage or fault where no issue could be identified once the item is received by us. The costs of posting the Product(s) back to you in such circumstances will depend on the item and will be communicated to you after the review process has been completed; or
      2. which are unwanted or no longer required (where applicable under clause 5.5 below).
    5. Statutory Consumer Right to Cancel:
      1. You are entitled to cancel any Order completed with us within 14 days from the day on which you (or a third party indicated by you other than the carrier) acquire physical possession of the Products.
      2. To exercise the right to cancel, you must inform us of your decision to cancel the Order by a clear statement (e.g. by a letter sent by post or by email). You may use the example model cancellation form below, but it is not obligatory.
      3. Model Cancellation Form:

To: EMEKS MOTO LIMITED at Fairview, Baylham, Ipswich, IP6 8LE, England

I hereby give notice that I cancel my contract of sale of the following Products:

ordered on:

Order number:

Name of customer:

Address of customer:

Signature of customer (only if sent by paper):

Date:

      1. Before attempting to return an Order you will need to contact our Customer Service team at info@emeks.co.uk to request a returns authorisation number. Without this number it can be difficult to process your return meaning that the process may take longer.
      2. You will have to bear the direct cost of returning the Products. Any item you have accepted and then returned is your responsibility until it reaches our offices. Please therefore ensure that you send your item back to us using a delivery service that insures you for the value of the Products.
      3. The Products you are returning must be unopened and in any original packaging. Unwanted Products need to be in pristine condition with any retail seals unbroken to be benefit from the right of cancellation under this clause.
      4. We may make a deduction from the reimbursement for loss in value of any Products supplied if the loss is the result of unnecessary handling by you.
      5. Please note that you must send back the Products by following the instructions provided pursuant to clause 5.6 and no later than 14 days from the day on which us you communicate your cancellation.
      6. If you cancel an Order, we will reimburse to you all payments received from you, excluding the delivery fees (which will only be reimbursed up to the value of the least expensive common and generally acceptable kind of delivery offered by EMEKS).
      7. We will make the reimbursement without undue delay and not later than:
        1. 14 days after the day we receive back from you any Products supplied; or
        2. (if earlier) 14 days after the day you provide evidence that you have returned the Products; or
        3. if there were no Products supplied, 14 days after the day on which we are informed about your decision to cancel the Order.
      1. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise.  In any event, you will not incur any fees as a result of the reimbursement.
    1. How do I arrange a return? Where a return or exchange is permitted in accordance with these Terms, please contact our Customer Service team at info@emeks.co.uk to arrange your return. We will need to know your Order number, the item you want to return and the reason for the return. Upon receipt of these details we will provide you with a unique returns authorisation number and all the necessary information to arrange the return. Please package the item securely and ensure our returns number is included inside. You will need to obtain a proof of postage receipt when you send your item to us. Proof of postage does not cost anything but without it we may not be able to process your refund or replacement in the rare event that your item is lost in transit. Where you are exchanging an item, unless otherwise agreed in writing with EMEKS, you will be responsible for paying for the further delivery fees associated with the exchanged Product.
  1. Limitation of Liability
    1. Nothing in these conditions limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or wilful misconduct.
    2. Subject to clause 6.1, EMEKS and its affiliates will not be responsible for losses that were not caused by any breach of these Terms on our part.
    3. SUBJECT TO CLAUSE 6.1, NEITHER PARTY WILL BE LIABLE FOR LOSS OF PROFITS, LOSS OF BUSINESS, DEPLETION OF GOODWILL AND/OR SIMILAR LOSSES, LOSS OF ANTICIPATED SAVINGS, LOSS OF GOODS, LOSS OF CONTRACT, LOSS OF USE, LOSS OR CORRUPTION OF DATA OR INFORMATION OR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PURE ECONOMIC LOSS, COSTS, DAMAGES, CHARGES OR EXPENSES.
    4. SUBJECT TO CLAUSE 6.1, EACH PARTY’S TOTAL LIABILITY TO THE OTHER PARTY IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY), MISREPRESENTATION, RESTITUTION OR OTHERWISE ARISING UNDER OR IN CONNECTION WITH THESE TERMS WILL BE LIMITED TO A SUM EQUAL TO THE AMOUNT PAID OR PAYABLE BY YOU FOR THE PRODUCT(S) IN RESPECT OF ONE INCIDENT OR SERIES OF INCIDENTS ATTRIBUTABLE TO THE ORDER(S) GIVING RISE TO SUCH CLAIM FOR DAMAGES.
    5. This clause 6 does not affect your statutory rights where you are a consumer, nor does it affect your contract cancellation rights (where applicable).
    6. If local laws apply to you outside of the UK, some or all of the above limitations may not apply to you and you might have additional rights.
  2. Intellectual Property
    1. Unless otherwise agreed, you will not acquire any rights in any intellectual property in the Products or in their packaging or labels which include trade marks or brand logos and any such rights which you may by law acquire will be assigned automatically to EMEKS.
  3. Privacy Notice and Security
    1. We will treat all your personal data as confidential and will only use it in accordance with our Privacy Notice (as updated from time to time) and in accordance with the Data Protection Act 2018 and any other applicable data protection and privacy laws and regulations.
    2. When you shop on the Website, we will ask you to input personal details in order for us to identify you, such as your name, e-mail address, billing address, delivery address, credit card or other payment information.
    3. To ensure that your credit, debit or charge card is not being used without your consent, we may validate name, address and other personal information supplied by you during the Order process against appropriate third party databases.
    4. There is a possibility we may contact you to make additional security checks and we ask for your co-operation to enable us to complete them. We will not tolerate fraudulent transactions and such transactions will be reported to the relevant authorities.
    5. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected.
  4. Amendments to these Terms
    1. We reserve the right to make changes to these Terms at any time. You will be subject to the EMEKS Terms & Conditions of Sale in force at the time that you order Products from us, unless any change to the EMEKS Terms & Conditions of Sale is required to be made by law or government authority (in which case it may apply to Orders previously placed by you).
  5. Unforeseeable Events
    1. Neither party shall be liable for any delay in performing or failure to perform (other than a payment obligation) due to any act of god, war, strike lock-out, industrial action, epidemic, pandemic, fire, flood, drought, storms or any other event beyond the reasonable control of either party (each a “Force Majeure Event”). Such delay or failure will not constitute a breach of these Terms and time for the performance of the affected obligations will be extended by such period as is reasonable. If a Force Majeure Event prevents the performance of our obligations for a continuous period of more than four weeks, we will cancel your Order and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 14 days of the date on which the Order is cancelled.
  6. Miscellaneous
    1. These Terms constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. Each party acknowledges that in entering into these Terms it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that are not set out in these Terms. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms.
    2. All obligations in these Terms which expressly, or by their nature, are intended to continue beyond the termination of these Terms will survive the termination of these Terms.
    3. All notices must be in writing and are deemed given when mailed by registered or certified mail, return receipt requested, to the other party’s address, as notified under these Terms or an Order. It is agreed that serving notice by email or fax will not be an effective method of providing notice of a claim under these Terms.
    4. EMEKS reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these Terms or any related contract to any third party.
    5. If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms.
    6. No one other than a party to these Terms, their successors and permitted assignees, shall have any right to enforce any of its terms.
    7. No failure or delay by a party to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy. The rights and remedies provided under these Terms are in addition to, and not exclusive of, any rights or remedies provided by law.
    8. If you have any issues with our services, please contact us at info@emeks.co.uk. Please note that the European Commission has established the ODR Platform, which is available at http://ec.europa.eu/consumers/odr/, as a potential means of resolving disputes.
    9. These Terms are governed by English law and the parties irrevocably submit to the exclusive jurisdiction of the English courts. English is the only language offered for the conclusion of the contract between us.

 

 

Last Updated: August 2022