These terms and conditions apply to the use of this website. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
In these Terms and Conditions the following terms shall have the meanings set out below:
"Seller", "Us", "Our" shall mean Markhor EV Technologies.
"Buyer" shall mean any person, partnership or body corporate detailed in the appropriate section of the sales invoice/order form/delivery note.
"Goods" shall mean the item/s detailed in the appropriate section of the sales invoice/order form/delivery note.
"Bikes" shall mean the item/s detailed in the appropriate section of the sales invoice/order form/delivery note.
"Price" shall mean the sum due to the Seller from the Buyer for the Goods and shall include TAX at the appropriate rate unless otherwise stated.
"Working day" shall mean any day excluding Saturdays, Sundays and public holidays.
"Calendar day" shall mean any day including Saturdays, Sundays and public holidays.
1.1 We reserve the right, at our sole discretion, to modify or replace these Terms at any time. What constitutes a material change will be determined at our sole discretion. These terms and conditions are subject to change without notice. You should check this Website frequently to review the latest terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.
1.2 If you have any concerns about material on our site, please contact us on email provided on our Website.
2. ORDERING FROM US
2.1 If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered.
2.2 Our acceptance of an order takes place when your payment is approved.
2.3 Some products may carry a different brand logo or no brand logo. If so is the case, it is usually mentioned against the product.
2.4 We are always working on improvement of our products so specifications are subject to change without notice. If you are concerned about something in particular, you may reconfirm it before placing the order.
2.5 We may refuse to accept an order:
(a) where goods, services or information ordered by you are not available;
(b) where we cannot obtain authorization for your payment;
(c) if there has been a pricing or product description error;
(d) if you do not meet any eligibility criteria set out in our terms and conditions; or
(e) if we do not deliver to your area;
Where we do not accept your order but have processed your payment, we will re-credit your account with any amount deducted by us 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 pay any additional amount as compensation for disappointment.
3.1 All prices include TAX (where applicable/shown) at the current rates.
3.2 Different products ship from different countries and may be subject to import duties and taxes, if the country of shipment is different from country of delivery. These import duties and taxes are not included in price and need to be paid by the customer to relevant authorities on arrival.
3.3 Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rate will be displayed to your prior to you placing your order.
3.4 Our prices are reviewed regularly.
4.1 Approximate delivery period is mentioned in front of every product on our Website, but we will try to deliver goods ordered by you as soon as possible to the address you give us for delivery, except where we contact you to inform you of delays.
4.2 Where we inform you of delays, you will have the right to cancel your order or accept our revised projections for delivery.
4.3 We will inform you by email at the point when your goods are dispatched.
4.4 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us by email or in writing, at our contact address, of the problem within 2 working days of the delivery of the goods in question.
4.5 If you do not receive goods ordered by you within the mentioned approximate period, we shall have no liability to you unless you notify us by email or in writing within 1 day of expiry of the mentioned delivery date, at our contact address.
4.6 You will be required to sign for goods in most circumstances.
4.7 You are required to check goods immediately upon receipt to check for signs of delivery damage and, where you believe damage has occurred, you must mark the delivery drivers paperwork to indicate that the goods are "damaged" or, where the goods are substantially damaged, refuse delivery completely and contact us immediately by email. It is very difficult for us to claim against our carriers insurance if you have signed to accept the goods.
5.1 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us by email at our email address of the problem within 2 working days of the delivery of the goods in question.
5.2 If you do not receive goods ordered by you within the mentioned approximate period, we shall have no liability to you unless you notify us by email at our email address of the problem within 5 days of the receipt of the notification of dispatch.
5.3 If you notify a problem to us under condition 5.2, we will try our best to sort the issue in the following or any other ways not mentioned below:
(a) to make good any shortage or non-delivery;
(b) to replace or repair any goods that are damaged or defective; or
(c) to refund to you the amount paid by you for the goods in question in whatever way we choose.
5.4 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, injury, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition 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 under clause 5.3(c) above.
5.5 You must observe and comply with all applicable regulations and legislation
5.6 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer 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.
6. CANCELLATION OF CONTRACTS FOR GOODS AND RETURNS POLICY - FOR CONSUMERS ONLY
6.1 This section applies to consumers only (and not to businesses or other organisations) who order goods
6.2 If you wish to cancel your order:
(a) you can notify us by email at our email address before we have dispatched the goods to you. Your request may or may not be entertained, depending on the then order status.
6.3 IF cancellation is genuine, we will issue a refund of the purchase price of the goods and any associated initial delivery costs or an exchange credit as required, less (if for any reason the these costs have not been paid by you) the costs of delivery to us within 30 calendar days of the receipt of your notice of cancellation, or upon receipt of the goods, whichever is soonest.
6.5 The rights to return the goods to us as referred above will not apply in the following circumstances: -
* in the event that the product has been used or fitted save for your need to assess the product for suitability.
* to any products that we have made or customized specifically for you
* to any products that by their nature have a limited lifespan, such as food
* to any product where packaging seals have been broken where the seal is required to maintain the product.
In addition you will lose your right to cancel if you:
(a) unseal goods that are not suitable for return if they are unsealed, due to health protection or hygiene reasons.
(b) unseal audio, video recordings or computer software that were sealed at the time of delivery.
(c) combine goods with other goods after delivery so that they become inseparable.
The provisions of this clause 6.5 do not affect your statutory rights.
7.1 You are permitted to print and download extracts from this Website for your own use on the following basis:
(a) no documents or related graphics on this Website are modified in any way;
(b) no graphics on this Website are used separately from accompanying text; and
(c) any of our copyright and trade mark notices and this permission notice appear in all copies.
7.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with clause 5.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
7.3 Subject to clause 7.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
7.4 Any rights not expressly granted in these terms are reserved.
8. SERVICE ACCESS
8.1 While we endeavor to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.
8.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
9.1 While we endeavor to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
9.2 The material on this Website is provided "as is" without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.
10. LIABILITY FOR DAMAGE BY THIRD PARTY
10.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
10.2 You agree, on behalf of yourself and your business entity or organisation, jointly and severally to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.
11. GOVERNING LAW AND JURISDICTION
11.1 These terms and conditions shall be governed by and construed in accordance with the law of Unites Kingdom. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the American courts where the claim is brought by you, save where you have legal rights to bring any claim in respect of such a dispute in any other jurisdiction. We nevertheless retain the right to bring proceedings against you for any threatened or actual breach of these terms and conditions in your country of residence, registration or business or any other relevant country.
11.2 We do not warrant that materials, services or information for sale on the Website are appropriate or available for use outside the United States of America. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
12. PRODUCT SPECIFICATION
As with any product, specification is subject to change without prior notification. You are advised to confirm current specification before buying.
Please be aware that while we do our best to display current specification as accurately as possible, there can be slight errors in specification.
Please note, where bike weights are shown, this is only an approximate weight supplied by the manufacturer, and each individual bike can vary. Bike weights are usually based on a medium size.
Sizing where shown in cm's or inches (") are rounded to the nearest full cm or half an inch. Please be aware slight mistakes can occur here, you are advised to email or telephone us for more exact measurements.
Colors on monitors/digital screens differ from the ones of actual product.
Brand labels shown in the pictures on our Website may differ in size and placement on the actual product.
Although we try our best to pack our bikes to avoid damages, minor scratches are common during transportation.
The components and/or accessories may differ than the ones shown in the pictures on our Website.
Speed, ranges, dimensions, etc. where shown are approximate.