These are the Terms and Conditions of Sale for Hurrecane.bike to which all online purchases are subject.
1.1. In these Conditions, the following definitions shall apply:
Approved Partner: a third party seller who sells Goods to Customers using the Marketplace.
Business Days: 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 14.
Contract: the contract between us and the Customer for the sale and purchase of the Goods in accordance with these Conditions.
Customer, you, your: the person who purchases the Goods from us.
Event Outside Our Control: has the meaning given in clause 13.
Goods: the goods (or any part of them) set out in the Order.
Hurrecane: Hurrecane Limited (registered in England and Wales with company number 11615432 with registered office address at 1st Floor 2 Woodberry Grove, Finchley, London, England, N12 0DR.
Hurrecane Goods: Goods purchased on the Website from Hurrecane and not an Approved Partner.
Marketplace: the marketplace accessed via the Website through which Hurrecane facilitates transactions between Approved Partners and Customers.
Order: the Customer’s order for the Goods submitted by the Customer online via the Website.
Website: means the website accessible at Hurrecane.bike including the Marketplace.
We, us, our: Hurrecane or the Approved Partner as applicable to the Order.
1.2. In these Conditions, the following rules apply:
- 1.2.1. A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
- 1.2.2. A reference to a party includes its personal representatives, successors or permitted assigns.
- 1.2.3. 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.
- 1.2.4. A reference to writing or written includes e-mails.
2. The Contract
2.1. The Order you place via the Website constitutes an offer to purchase the Goods in accordance with these Conditions. You are responsible for ensuring that the terms of the Order are correct. Please read and check your Order before placing. You may only purchase Goods from us if you meet any legal age requirement necessary for the acquisition of the same.
2.2. The Order shall only be deemed accepted by us when you have paid for the Goods, monies received by us and the Goods have been dispatched. Any email, order confirmation or other electronic acknowledgement by us of receipt of an Order does not constitute legal acceptance by us of your Order. We will confirm our acceptance to you by sending you an email confirming that the Goods have been dispatched (‘Dispatch Confirmation’). The Contract between us is formed when we send you the Dispatch Confirmation.
2.3. All Orders placed via the Website are subject to stock availability and to the validation checks described in Clause 5 below. In the unlikely event that you are able to place an order for an item that is not available from stock, we will contact you as soon as possible. Depending on the time period for stock to arrive you may be given the option to wait for your items or your Order will be cancelled. In these circumstances, upon cancellation, you will be refunded in full.
2.4. We only accept Orders originating from and for delivery to UK addresses.
2.5. The only language in which the Contract can be concluded is English.
2.6. We will retain details of your Order in our database and these details can be made available to you on request. Please contact our Customer Service team.
2.7. Where the Customer has been directed to the Website as a result of a third party site, these sites are independent from us and we are not responsible or liable for such sites. Customers should consult the terms and conditions of the site in question for more information.2.9. Where you place an Order from an Approved Partner via the Marketplace:
2.8.1 the Contract is made between you and the Approved Partner and these Conditions apply to such Contracts.
2.8.2 Hurrecane act as the Approved Partner’s agent for payment and you authorise Hurrecane to process payment on their behalf.
2.8.3 Other than as set out in clause 2.9.2 above, Hurrecane has no responsibility to you in respect of Contracts made with Approved Partners and all references in these Conditions to ‘we’ ‘us’ or ‘our’ shall be deemed to refer to the Approved Partner in that context.
2.8.4 In the first instance the Customer must attempt to resolve any dispute directly with the Approved Partner.
2.8.5 Approved Partners shall not invoice Customers directly, and Customers must not accept or pay Approved Partners invoices.
3. Product Information
3.1. Goods are described on the Website.
3.2. We reserve the right to amend the product description if required.
3.3. Images of the Goods on the Website are for illustrative purposes only. Representations of colour online are as accurate as our photographic and electronic processes will allow. Please note that colour online can also be affected by the calibrations of different output devices.
3.4. All weights and sizes are supplied as a guide only and are approximate.
3.5. Buyers Guides and all other advice articles have been listed by Hurrecane to help you in your purchasing decisions and to give guidance. These articles are provided for general information, but if you are in any doubt, you should seek help from an appropriate professional. We accept no liability for any loss, damage or injury arising as a result of the advice contained on our Website.
3.6. In the event that there are any errors regarding price or description, we reserve the right to correct that price or description and notify you accordingly. In these circumstances, it will be deemed that a contract has not been entered into and you will not be bound to continue with your purchase. We will cancel your Order and your credit/debit card or your Paypal account will be refunded in full. The repayment of such monies paid to us will be the extent of our liability to you in the event of these errors.
4. Price Information
4.1. The price of the Goods is the price set out on the Website at the time you submit your Order. All prices are shown in Pounds Sterling.
4.2. The price of the Goods does not include delivery charges which will be as advised during the check-out process, before you confirm your Order.
4.3. The price of the Goods is inclusive of VAT (where applicable) at the current rate chargeable in the UK. If the rate of VAT changes between the date of Order and the date of delivery, we will adjust the VAT you pay unless you have already paid for the Goods in full before the change in VAT. Hurrecane VAT number is 306 7165 12. VAT numbers of Approved Partners are listed on their respective ‘About Us’ pages in the Marketplace.
4.4. The prices shown are only applicable to purchases made via the Website.
4.5. Special Offers and promotions advertised in the press or other media may be excluded from the Website unless specifically advertised as available online. All offers are subject to availability and while stocks last. This includes all offers advertised via official Hurrecane social media channels.
4.6. Offers cannot be used in conjunction with one another. Where more than one offer is available on the same product only one discount will apply. The offer giving the greatest saving will be applied in the basket. Equally, voucher code offers cannot be used in conjunction with any other promotional offer.
5. Payment Information
5.1. Hurrecane.bike accepts payment by most major credit or debit cards registered at UK addresses, or by Paypal registered to UK addresses. We regret that we are unable to accept payment online by cheque, cash, Purchase Orders or any other form of payment.
5.2. Please ensure that the expiry date of your credit or debit card is after the anticipated dispatch date of your Order. Payment will be debited from your account just before the dispatch of your Goods, and if your payment card has expired, we will be unable to take payment and fulfil your Order.
5.3. When an Order is placed a pre-authorisation will be made against your account. Payment is not taken at this time. Hurrecane will endeavour to process any payments at the time of dispatch. On the rare occasion that this process is not successful, we will re-process accordingly. We will not inform you if this delay occurs. Hurrecane is not liable for any bank charges that may be incurred by the Customer if sufficient funds are not available at the time when payment is taken.
5.4. All credit and debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.
5.5. In addition, to prevent fraudulent use of credit and debit cards, Hurrecane will validate the names, addresses and other information supplied during the Order process against commercially available records (e.g. Electoral Roll data, Credit Reference Services). A third party may also be instructed to complete these checks. By ordering from the Website you consent to such checks being made. We may need to contact you by letter, telephone or email to verify details before we are able to process and dispatch your Order or we may be unable to accept your Order. Any information given may be disclosed to a registered Credit Reference Agency which may keep a record of the information. All information provided will be treated in accordance with the Data Protection Act 1998.
5.6. Where your Contract is with an Approved Partner, you consent to Hurrecane sharing your personal data with the Approved Partner for the purposes of fulfilling your Order including sending dispatch notifications and dispatching the Goods.
6. Delivery of Goods
6.1. We can only deliver to addresses within the United Kingdom. Unfortunately, we are unable to deliver to non-UK destinations, including the Republic of Ireland, the Channel Islands and BFPO addresses at this time. Please contact us if you require further details.
6.2. For deliveries to non-mainland UK addresses and certain remote locations e.g. Scottish Isles, Isle of Man, Isle of Wight, Northern Ireland and the Scottish Highlands, there may be an additional surcharge imposed by our couriers and a slightly longer delivery lead-time.
6.3. The delivery charge for each item is listed on the product detail page. When you add products to your shopping basket and have chosen the delivery option the appropriate charge will be added automatically. All delivery charges will be shown clearly throughout the checkout process.
6.4 Any dates quoted for delivery are approximate only and we cannot be held liable for any costs incurred if delivery is delayed.
6.4.1. Please be aware that Royal Mail First Class postal service can take up to 7 days. This is under the terms of Royal Mail and is out of our control.
6.4.2. 3rd Party couriers can deliver direct delivery orders between the hours of 7am and 9pm.
6.5. Delivery of an Order shall be completed when we deliver the Goods to the delivery address given in the Order.
6.6. The Goods will be your responsibility from the time of delivery.
6.7. Where the courier is unable to deliver the Goods, they will either attempt to deliver to a neighbour, attempt to redeliver the following day, leave a card for you to rearrange a suitable time for redelivery or leave the parcel at your local Post Office for you to collect.
6.8. We shall have no liability for any delay in delivery of the Goods, or failure to deliver the Goods, where the delay or failure is caused either by an Event Outside Our Control or the Customer’s failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
6.9 If we miss our estimated delivery deadline for the Goods or, in the absence of any estimate being given the date 30 days after the Dispatch Confirmation, you may cancel your Order straight away if any of the following apply:
(a) we have refused to deliver the Goods;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your Order that delivery within the delivery deadline was essential.
6.10 If you do not wish to cancel your Order straight away, or do not have the right to do so under clause 6.10 you can give us a new deadline for delivery which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
6.11 If you do choose to cancel your Order for late delivery under clause 6.10 or clause 6.7, you can do so for just some of the Goods or all of them, unless splitting them up would significantly reduce their value. If the Goods have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Goods and their delivery.
7 . Refunds and Returns
7.1 Refunds and returns of Goods purchased from an Approved Partner must be arranged directly with that Approved Partner, in accordance with the process set out on its ‘About Us’ page in the Marketplace. The rest of this clause 7 relates to refunds and returns of Hurrecane Goods only. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.
7.2 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 within 14 days of receipt of Goods. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep the Goods, you can notify us of your decision to cancel the Contract and receive a refund. Alternatively, you are entitled to request an exchange within the same period of time and the provisions below also apply to exchanges.
7.3 However, this cancellation right does not apply in the case of the following which may only be returned if they are faulty:
(a) personalised and made-to-order products;
(b) sealed connected system equipment, sealed GPS equipment, sealed smart lights, sealed audio or sealed video recordings or sealed computer software which have been unsealed after you receive them.
(c) any Goods which become mixed inseparably with other items after their delivery.
7.4 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed.
7.5 To cancel a Contract with Hurrecane, you need to let us know that you have decided to cancel. If you wish to exercise this right, please contact the Hurrecane Customer Services Team, by phone, email or letter sent by post or using the online form on our Website. If you use the online form, we will e-mail you to confirm we have received your cancellation. If you are e-mailing us or writing to us, please include details of your Order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.
7.6 If you cancel your Contract with Hurrecane, Hurrecane will:
(a) refund you the price you paid for the Goods. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) refund any delivery costs you have paid.
(c) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(i) if you have received the Goods and we have not offered to collect it from you: 14 days after the day on which we receive the Goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the Goods back to us. For information about how to return Goods to us, see clause 9.8.
(ii) if you have not received the Goods or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
7.7 If you have returned the Goods to us under this clause 7 because they are faulty or mis-described, we will refund the price of the Goods in full, together with any applicable delivery charges.
7.8 We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Goods, we may refund you in vouchers.
7.9 If Goods have been delivered to you before you decide to cancel your Contract:
(a) then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You must take reasonable care to ensure that the Goods are not damaged in transit; this includes ensuring that they are securely packaged. Hurrecane cannot be responsible for lost or damaged returns.
(b) unless the Goods are faulty or not as described (in this case, see clause 7.7, you will be responsible for the cost of returning the Goods to us. If the Goods cannot be returned by post, we may offer to collect the Goods from you in which case we will charge you the direct cost to us of collection which will be £25.
7.10 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 7 or anything else in these Conditions. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. For our returns policy, please click here.
7.11. Due to the speed of our ordering process, Hurrecane may not be able to cancel your order before dispatch. If you exercise your right to cancel prior to you receiving the Goods, Hurrecane will attempt to stop the goods in transit, however if this is not possible and the Goods are delivered, you will be able to return your Goods in line with your rights outlined above.
8. After-sales Service and Guarantees
8.1. Where applicable, details of manufacturers’ guarantee or service arrangements will be provided with the Goods. In relation to Goods purchased from Approved Partners, you should contact them directly to discuss service, warranty and guarantee claims. A manufacturer’s guarantee is in addition to, and does not affect, your legal rights in relation to Goods that are faulty or not as described.
8.2. All warranties are non-transferable and only apply for the original Customer. Please note that, if you buy Goods with a Hurrecane warranty, we are guaranteeing that those Goods will work during the warranty period. If you replace the Goods during the warranty period, the warranty does not start again. You will only benefit from the remaining period of the original warranty. This does not affect your statutory rights if the Goods are faulty or not as described.
8.3. We are under a legal duty to supply goods that are in conformity with the contract.
8.5. For further information on guarantees, please click here.
9. Complaints and Queries
9.1.If you are not happy with any aspect of our online service, discover a fault with our Website, or if you have any queries or comments relating to an order placed online, please contact us and we will do everything we can to help you.
9.2. 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 www.tradingstandards.uk/ advice/ ADRApprovedBodies.cfm. 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.
9.3. Your access to Hurrecane.bike may occasionally be restricted to allow for the introduction of new products or features, site development, maintenance or repairs. We will attempt to restore the service as soon as we reasonably can.
10. Safe Shopping Guarantee
10.1. We have used every effort to ensure that shopping on the internet with Hurrecane safe. Our secure server software encrypts all of your personal information sent over the Internet. In processing your Order, your information may have to be sent over the internet more than once. At no point is your Order information sent in this way without encryption.
11.1 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.
11.2 We only supply the Goods for domestic and private use. You agree not to use the Goods 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.
11.3 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 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
12. 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.
Hurrecane 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.
14. Communications between us
14.1. Any notice or other communication given to the Customer under or in connection with the Contract shall be in writing (including email), addressed to the Customer at the address that the Customer has 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.
14.2. A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 15.1; 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.
14.3. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
15. Other Important Terms
15.1 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.
15.2 You may only transfer your rights or your obligations under these Conditions to another person if we agree in writing.
15.3 Subject to clause 2.9, this Contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.4 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.
15.5 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.
15.6 These Terms are governed by English law. This means a Contract for the purchase of Goods through our Website and any dispute or claim arising out of or in connection with it will be 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.
16. Pay-as-you-Go Terms
16.1 Under the terms of subscription program the e-Bike remains the property of Hurrecane Ltd.
16.2 Any accessories not purchased from Hurrecane Ltd must be removed before a new one can be delivered, our engineers will not be held responsible for any damage if they have to remove any accessory before swapping a faulty e-Bike for a new one.
16.3 The user agrees to pay a fixed monthly fee paid by direct debit to Hurrecane Ltd.
16.4 The customer accepts full liability in relation to correct insurance being assigned to the bike whilst in their possession.
16.5 The customer agrees to pay in full if the ebike is stolen while in their possession and without correct insurance.
16.6 The customer agrees to pay a one time charge or £75.00 if Hurrecane has to repossess the ebike due to non-payment.
16.7 The customer agrees to pay a one time payment of £50.00 for the collection from the customer due accidental damage or misuse.
16.8 The customer agrees to pay a £15.00 administration charged for reinstatement of each failed payment.
16.9 The customer agrees to pay a one time payment of £75.00 to cover the cost of individual or special colours, when the ebike is returned for any reason before the minimum 3 month period.