Halfords Bike Xchange: Buying a Second-Hand E-Scooter

1. Definitions

In these Conditions, the following definitions shall apply

Business Day(s): a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.
Conditions: the terms and conditions set out in this document as amended from time to time in accordance with clause 9.
Contract: the contract between Halfords and the Customer for the sale and purchase of a Second-Hand E-Scooter in accordance with these Conditions.
Customer, you, your: the person who purchases the Second-Hand E-Scooter from us.
Event Outside Our Control: has the meaning given in clause 8.
Halfords, we, us, our: means Halfords Limited (company number 00103161) of Icknield Street Drive, Washford West, Redditch, Worcestershire B98 0DE.
Halfords PDI Check: the pre-delivery inspection carried out by Halfords on all Second-Hand E-Scooters following any necessary repairs.
Order: the Customer's request to purchase the Second-Hand E-Scooter submitted in-store.
Second-Hand E-Scooter: the e-scooter set out in the Order that is either: (a) an e-scooter that has been returned by a customer or (b) an e-scooter that has been rejected by us on receipt from the manufacturer but has not previously been ridden, all of which have been repaired as necessary and undergone a Halfords PDI Check in accordance with clause 3 of these Conditions.
Valuation Assessment: the service and repair assessment carried out by Halfords on all Second-Hand E-Scooters.

In these Conditions, the following rules apply:

1.1 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).

1.2 A reference to a party includes its personal representatives, successors or permitted assigns.

1.3 Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.

1.4 A reference to writing or written includes e-mails.

2. The Contract

2.1. The Order you place in-store constitutes an offer to purchase the Second-Hand E-Scooter in accordance with these Conditions.

2.2. The Order shall only be deemed accepted by us, and a Contract formed when you have paid for the Second-Hand E-Scooter and monies have been received by us.

2.3. We will retain details of your Order in our database and these details can be made available to you on request from our customer services team.

3. Product Information

3.1. All Second-Hand E-Scooters may have been;

(a) used previously; or

(b) rejected by Halfords on receipt from the manufacturer due to build faults or damage suffered in transit.

3.2. Prior to sale, all of our Second-Hand E-Scooters are subject to:

(a) the Halfords Valuation Assessment;

(b) any servicing or repairs required following the Halfords Valuation Assessment; and

(c) the Halfords PDI Check.

3.3. Second-Hand E-Scooters are sold as seen and described in-store. We reserve the right to amend the description and price at any time.

4. Price Information

4.1. Except as set out below, the price of the Second-Hand E-Scooter is the price set out in-store at the time you submit your Order.

4.2. The price of the Second-Hand E-Scooter is determined following the outcome of the Halfords Valuation Assessment and in consideration of any cosmetic defects.

4.3. The price of the Second-Hand E-Scooter is inclusive of VAT (where applicable) at the current rate chargeable in the UK. Halfords’ VAT number is 797 0776 69.

5. Refunds and Returns

5.1. Subject to the remainder of this clause 5, if you change your mind and no longer want the Second-Hand E-Scooter that you have purchased, you have the right to return that Second-Hand E-Scooter to the store from which you bought it within 14 days from receipt and receive a refund. Your refund may be subject to a reduction to reflect any reduction in the value of the Second-Hand E-Scooter. In order to be eligible for a refund, you must also provide your proof of purchase.

5.2. We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Second-Hand E-Scooter we may refund you in vouchers.

5.3. Because you are a consumer, we are under a legal duty to supply goods that are in conformity with this Contract. As a consumer, you have legal rights in relation to goods that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 5 or anything else in these Conditions. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

6. Complaints and Queries

6.1. If you are not happy with any aspect of our service or if you have any queries or comments relating to your Second-Hand E-Scooter, please contact us and we will do everything we can to help you.

6.2. If we have exhausted our internal complaints handling procedure and we inform you in writing that we cannot settle your complaint, you have the option of referring your complaint to an Alternative Dispute Resolution ("ADR") provider to deal with the same. We are not obliged to use a specific ADR provider or procedure, however, a list of certified providers can be found at  https://www.tradingstandards.uk/commercial-services/adr-approved-bodies . Alternatively, you can refer the complaint to the EU Commission's Online Dispute Resolution (ODR) Platform at wwww.odreurope.com. Please note that we are not obliged to participate in ADR.

7. Liability and Guarantee

7.1. If we fail to comply with these Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this Contract.

7.2. Except where expressly stated otherwise and agreed in writing with you, we only supply the Second-Hand E-Scooters for use on private land with the landowner’s permission and for domestic and private use. You agree not to use the Second-Hand E-Scooter where it is illegal to do so, which includes on public roads, on pavements, in cycle lanes and in pedestrian-only areas. You agree not to use the Second-Hand E-Scooter for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

7.3. We do not in any way exclude or limit our liability for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation;

(c) any breach of the terms implied by section 9 to 11, or 17 of the Consumer Rights Act 2015; and

(d) defective products under the Consumer Protection Act 1987.

7.4. All Second-Hand E-Scooters come with a 12-month guarantee. Therefore, subject to the exclusions set out at 7.5 – 7.7 below, we will repair any defects with the Second-Hand E-Scooters for free for a period of up to 12 months from the date of purchase by you.

7.5. The warranty described at 7.4 is subject to the following exclusions:

(a) wear and tear - it is important to understand that all E-Scooter parts are subject to general wear and tear. This is where an E-Scooter part has simply done what was expected of it and has worn out or failed through general use. Some of the more common parts subject to general wear and tear are usually the drivetrain, brakes, tyres and battery.

(b) Failure of components caused by misuse, lack of servicing and/or care.

7.6. Your warranty will be void if the Second-Hand E-Scooter is modified or altered in a way that affects the performance of it and/or puts unnecessary stress on the E-Scooter and/or renders the Second-Hand E-Scooter non-compliant with, or if the Second-Hand E-Scooter has been used in a way, which is non-compliant with, the Road Traffic Act 1988, any law or regulation which is enacted specifically covering the use and modification of e-scooters, or any equivalent or replacement law or regulation.

7.7. This warranty applies only to Second-Hand E-Scooters used under normal riding conditions. The components specified on all terrain e-scooters are guaranteed for normal off-road use. However, no E-Scooters sold by Halfords are guaranteed to withstand stunt riding, jumping, misuse, accidents, lack of maintenance, abuse, use in competition or commercial use (e.g. hire). This guarantee does not affect your statutory rights.

8. Events Outside Our Control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

9. Variation

Halfords amends these Conditions from time to time. Each time you order goods from us, the Conditions in force at the time of your Order apply to the Contract between you and us.

10. Communications between us

10.1. Any notice or other communication given to you under or in connection with the Contract shall be in writing (including email), addressed to you at the address that you have specified to us in writing in accordance with this clause, and shall be delivered personally, sent by pre-paid first class post, recorded delivery, commercial courier, fax or e-mail.

10.2. A notice or other communication shall be deemed to have been received: if delivered personally, when left at your address; if sent by pre-paid first class post or recorded delivery, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed; or, if sent by fax or e-mail, one Business Day after transmission.

10.3. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

11. Other Important Terms

11.1. We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Conditions.

11.2. This Contract is between you and us. No other person shall have any rights to enforce any of its terms.

11.3. Each of the paragraphs of these Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

11.4. If we fail to insist that you perform any of your obligations under these Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

11.5. These Terms are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland. The only language in which the Contract can be concluded is English.