Help Section: Terms and Conditions
This website is owned and operated by ScootaMart Limited (referred to as “ScootaMart /us/we/our”). As user of this website (referred to as “you/your”) you acknowledge that any use of this website including any transactions you make (“use/using”) is subject to our terms and conditions below. Please make sure you read and understand these terms and conditions. You may wish to print this page for your own records and reference.
- 1We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the website (see date at the top) and it is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions.
- 2We cannot match online prices in our retail stores and vice versa.
- 3If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use this website
- 4Certain website services will require registration and subsequent access to those services will be subject to an approved login name and password. Information that you provide on this website must be accurate and complete. All Passwords Details are accepted and may be withdrawn at our sole discretion and are exclusive to you and non-transferable and must be treated as strictly confidential at all times. In the event that you have any concerns regarding your Password Details or become aware of any misuse then you must inform us immediately (see Contact Us for more information and full contact details).
2. Order Progress
- 1The ‘confirmation’ stage sets out the final details of your order. Following this, we will send to you an order acknowledgement email detailing the products you have ordered. Please note that this email is not an order confirmation or order acceptance from ScootaMart.
- 2Acceptance of your order and the completion of the contract between you and us will take place on despatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it.
- 1This website is only for delivery of products to customers in mainland UK and Northern Ireland addresses. We cannot deliver to the Channel Islands, Isle of Man, Orkney, Shetland and Scottish Islands, BFPO addresses, or the Republic of Ireland. Goods may need to be signed for by an adult aged 18 years or over on delivery.
- 2Delivery charges and estimated timescales are specified in the Delivery section and also when you place an order. We make every effort to deliver goods within the estimated timescales, however delays are occasionally inevitable due to unforeseen factors. ScootaMart shall be under no liability for any delay or failure to deliver the products within estimated timescales.
- 3Risk of loss and damage of products passes to you on the date when the products are delivered or on the date of first attempted delivery by us.
- 1We take payment from your card at the time we receive your order, once we have checked your card details and stock availability. Goods are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods.
- 2The price you pay is the price displayed on this website at the time we receive your order apart from the following exception:While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
- 3Title to any products you order on this website shall pass to you on delivery of the products provided that we have processed and received payment in full for the products.
- 4All prices exclude VAT (where applicable) at the applicable current rates and also exclude delivery charges, unless otherwise stated
5. Returns, Cancellations and Substitutions
What is your refund policy?
What are the Distance Selling Regulations?
- Under the Distance Selling Regulations, you have a right to cancel your order for any item purchased on this website for a full refund. This does not apply to items personalised or made to your specification; audio/video recordings or software that you have unsealed; items such as earrings and cosmetics that, by reason of their nature, cannot be returned; perishable goods (e.g. food and flowers), and periodicals/magazines.To cancel, you can email us or write to us within seven days of delivery of your item(s), quoting your order number. You must take reasonable care of the item(s) and must not use them.
You may cancel an order for services in the same way, within seven days of the date of purchase, unless the services begin sooner. You may not cancel accommodation, transport or leisure services which occur on a specific date. The Distance Selling Regulations do not apply to Financial and Insurance Services.
Who pays the delivery charges to return the product?
- As per the Distance Selling Regulations, the customer is responsible for covering the delivery cost to return goods to us. We regret that we are unable to cover this cost under any circumstances.
- 1Finance is provided by Close Brothers Retail Finance (https://www.closeretailfinance.co.uk/) . You have the right to withdraw from this agreement without giving any reason within 14 days beginning the day after you receive a second copy of the executed agreement.
- 2 If you wish to withdraw you must repay the amount of credit, plus interest, in full within 30 days. Details of how you can withdraw are set out in clause 2 of the agreement. Exercising your right to withdraw does not give you the right to cancel the purchase of the goods and/or services and you will have to pay for them by an alternative means.
- 3 If there is anything you do not understand or if you require any further information please call Close Brothers Retail Finance on 0844 880 6542 or seek free, independent advice from organisations such as Citizens’ Advice or go to www.moneymadeclear.org.uk.
- 4 Interest will be charged at a fixed rate of 19.5% per annum calculated on the amount of credit for the duration of the agreement.
- 5 The agreement will start when the retailer confirms to us that the goods have been released to you or a third party nominated by you to receive the goods.
- 6 You must consider the amount you are required to repay and ensure you can afford the repayment when it falls due.
7. Intellectual Property
- 1You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
- 2You acknowledge and agree that the material and content contained within this website is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
8. Liability and Indemnity
- 1Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.
- 2Subject to Section 7.1 above, ScootaMart will use reasonable endeavours to verify the accuracy of any information on the site but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website ScootaMart will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and ScootaMart accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.
- 3Subject to Section 7.1 above, other than as expressly provided in these terms and conditions with respect to specific products and except for the exclusive remedies set out at Section 5 above, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.
- 4Subject to Section 7.1 above, ScootaMart will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any:
- economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or
- loss of goodwill or reputation; or
- special or indirect losses
suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.
- 5Notwithstanding the above, subject to Section 7.1 ScootaMart’s’ aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event 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 same clause.
- 6This clause 7 does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
- 7We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
9. Miscellaneous Provisions
- 1The contract between us shall be governed by the laws of England and any dispute between us will be resolved exclusively in the courts of England. English is the only language offered for the conclusion of the contract.
- 2We have selected our products on the basis that they will be used for domestic use only, if you are planning to use them for business purposes please make sure that you are covered by appropriate insurance.
- 3Card Transactions will be processed by Barclaycard ePDQ Secure Server or Paypal
- 4ScootaMart shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.
- 5To provide increased value to our customers, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
- 6You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party unless agreed upon in writing by ScootaMart.
- 7ScootaMart 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 and conditions or any related contract to any third party.
- 8If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.
- 9These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the U.K. Contracts (Rights of Third Parties) Act 1999).
- 10No delay or failure by ScootaMart to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of ScootaMart.
- 11These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations understandings and agreements between you and ScootaMart relating to the use of this website (including the order of products) and sets forth the entire agreement and understanding between you and ScootaMart for your use of this website.