Skarper Consumer Terms and Conditions
Last updated 8.10.24
We are so happy to have you as a part of the Skarper community Thank you for choosing Skarper as your choice to enhance your cycling experience.
We are not big on legal stuff but, when you enter the world of selling things, there are a load of rules and regulations that need to be followed. So, set out below is what is just the standard information that is needed for us to bring you the Skarper experience. We hope that you never have to see it again, but just in case that you do, we suggest that you read it, print it and keep it safe somewhere.
In the meantime, Click on – Take off.
Please read the following important terms and conditions before you buy anything from our website and check that they contain everything you want and nothing that you are not willing to agree to.
Summary of some of your key rights:
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
· Up to 30 days: if your goods are faulty, then you can get a refund.
· Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
· Up to six years: if your goods do not last a reasonable length of time, you may be entitled to some money back.
These terms set out:
• your legal rights and responsibilities;
• our legal rights and responsibilities; and
• certain key information required by law.
In this contract:
• ‘Products’ means our electronic drive system, which is a compact drive unit which to clicks on to the DiskDrive® to transform your bike into an eBike, together with other parts that are supplied to you in the Skarper box at the time of purchase.
• ‘we’, ‘us’ or ‘our’ means Blue Sky IP Ltd (dba Skarper), and
• ‘you’ or ‘your’ means the person using our website to buy Products from us.
If you have any questions about these terms or any orders you have placed, please contact us by:
• sending an email to info@skarper.com; or
• filling out and submitting the online contact form available here https://www.skarper.com/contact; or
• WhatsApp us on +44 (0)7429 071 535 (we aim to respond within 24 hours during working hours).
Do you need extra help?
If you would like these terms of service in another format (for example: audio, large print, braille) please contact us using the contact details at the top of this page.
Who are we?
We are Blue Sky IP Ltd (doing business as Skarper), of Russell House, 140 High Street, Edgware, England, HA8 7LW. We shall confirm the key information to you in writing after your order is accepted by us, either by email or in your online account.
The details of this contract will not be filed by us. Please print out or save a copy of this contract for your records as we will not save a copy for you.
1 INTRODUCTION
1.1 If you buy Products on our website you agree to be legally bound by these terms and conditions.
1.2 These terms and conditions apply only if you are buying Products on our website as a consumer (i.e. for purposes outside of your business, craft or profession). If you are buying Products on our website in the course of business, our business terms and conditions apply to such purchases, which can be accessed by contacting info@skarper.com. Please do not proceed with a non-commercial purchase of Products until you have contacted us and have reviewed and accepted the terms and conditions for such a purchase.
1.3 These terms and conditions are only available in English. No other languages will apply.
1.4 These terms and conditions only apply to our Products. If you buy any other products or services on our website you acknowledge that the specific terms and conditions applicable to those other services will apply rather than these terms and conditions. If you want to see these specific terms, please visit the relevant webpage for the other services.
1.5 When buying any Products on our website you also agreed to be legally bound by our website terms of use and any documents referred to in them.
2 INFORMATION WE GIVE YOU
2.1 By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. If you want to see this key information, please:
2.1.1 read the acknowledgement email (see clause 5.3); or
2.1.2 contact us using the contact details at the top of this page.
2.2 The key information we give you by law forms part of this contract (as though it is set out in full here).
2.3 If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.
3 YOUR PRIVACY AND PERSONAL INFORMATION
3.1 Our Privacy Policy is available at https://www.skarper.com/privacy-policy.
3.2 Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.
4 DESCRIPTION OF THE GOODS
4.1 The goods that you may order from our website are the Products.
4.2 Further information in relation to the Products can be found on the relevant pages on our website.
4.3 A Product may not exactly match that shown on your device or in our marketing or its packaging may be slightly different.
5 ORDERING PRODUCTS FROM US; DELIVERY ESTIMATES
5.1 Below, we set out how a legally binding contract between you and us is made.
5.2 You place an order on the website by following the process outlined on our website. Please read and check your order carefully before submitting it. You will be able to correct any errors before submitting your order to us.
5.3 We only accept orders when we’ve checked them. When you place your order at the end of the online checkout process (e.g. when you click on the ‘pay now’ button), we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted by us.
5.4 We may contact you to say that we do not accept your order. This is typically for the following reasons:
5.4.1 we are out of applicable stock;
5.4.2 we cannot authorise your payment;
5.4.3 you are not legally allowed to buy the Products from us;
5.4.4 we are not allowed to sell the Products to you; or
5.4.5 there has been a mistake on the pricing or description of the Products.
When this happens, we will let you know as soon as possible and refund any sums you have paid.
5.5 Our estimated manufacturing time is usually up to 16 weeks from making your order, depending on your geographical region. The deposit is to secure your Product at the stated price. Delays are always a possibility, but we try to keep them to a minimum and keep customers informed via website updates and emails.
5.6 We contact you to confirm we’ve received your order and then we contact you again to confirm we’ve accepted it. At this point:
5.6.1 a legally binding contract will be in place between you and us; and
5.6.2 we will provide the Products as agreed during the online checkout process.
5.7 If you are not allowed to receive the Products under the laws of the jurisdiction in which you are resident or from which you use the Products, you may not buy Products from the website.
5.8 If you need to update your contact details after you have placed an order on our website, you must contact us as soon as possible by sending an email to info@skarper.com to ensure that we can contact you about your order if required.
6 RIGHT TO CHANGE YOUR MIND
6.1 If you bought online, by mail order, over the phone or on your doorstep, you have the right to change your mind and cancel this contract within 14 days without giving any reason and receive a refund of what you paid for it. For clarity, the right to change your mind does not apply to in-store purchases. This is subject to some conditions outlined below.
6.2 In addition, however you have bought Product, you have rights under our goodwill warranty in clause 9.
6.3 The cancellation period will expire after 14 days from the day of the conclusion of the contract.
6.4 To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by email) by contacting us at info@skarper.com.
6.5 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
6.6 You will pay the costs of return. You have to return our Product to us within 14 days of your telling us you have changed your mind. You can:
6.6.1 bring the Product to one of our retail stores (details provided on our website at https://www.skarper.com. You will need your email receipt and the card with which you paid; or
6.6.2 send the Product back to us, using an established delivery service. If you do this, you should keep a copy of evidence from the delivery service that proves you have sent it and when you sent it. If you don’t do this, and we don’t receive the goods at all or within a reasonable time, we won’t refund you the price. It is your responsibility to ensure that we receive the returned Product.
For help with returns, please contact us at info@skarper.com.
6.6.3 We only refund standard delivery costs, up to a maximum of one hundred pounds sterling (£100). We don’t refund any extra you have paid for express delivery or delivery at a particular time.
6.7 You cannot change your mind about an order for:
6.7.1 Products that are made to your specification or which are clearly personalised; and
6.7.2 Products that are made to your specifications or are clearly personalised;
6.7.3 Products which become mixed inseparably with other items after their delivery.
6.7.4 We reduce your refund if you have used or damaged a Product. If you handle the Product in a way which is not in accordance with our user manual, or would not be acceptable in-store, we reduce your refund, to compensate us for its reduced value. For example, we reduce your refund if the Product’s condition is not “as new”, price tags have been removed, the Skarper packaging is damaged or accessories are missing. In some cases, because of the way you have treated the product, no refund may be due. Our Customer Service Team available on email at info@skarper.com can advise you on whether we’re likely to reduce your refund.
6.8 When and how we refund you. If you tell us you’ve changed your mind about a product that hasn’t been delivered or one that we’re collecting from you, we refund you as soon as possible and within 14 days. If you’re sending your Product back to us, we refund you within 14 days of receiving it (or receiving evidence you’ve sent it to us). We refund you by the method you used for payment. We don’t charge a fee for the refund. This does not affect the rights you have if the Products are defective. A summary of these rights is provided at the top of this page. See also clause 11 below.
7 EFFECTS OF CANCELLATION
7.1 If you tell us you’ve changed your mind about a Product which has not been delivered or one that you are collecting from us or our retailer, we refund to you all payments received from you as soon as possible and within 14 days. If you’re sending the Product back to us, we will reimburse to you all payments received from you within 14 days of receiving it.
7.2 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.
8 DELAYS OUTSIDE OUR CONTROL
8.1 If our supply of your Product is delayed by an event outside our control, such as by: an act of war, fire, flood, government restrictions, delays in our supply chain, or other event outside our reasonable control, we shall contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay, but if the delay is likely to be material and substantial you can contact our Customer Service Team: info@skarper.com to discuss a termination of the contract and receive a refund for any products you have paid for, but not received.
9 GOODWILL WARRANTY
9.1 In addition, we offer our customers a goodwill warranty for most products, however they are purchased, which is more generous than your legal rights in the ways set out below. This goodwill warranty does not affect your legal rights if there is something wrong with your product (for more on those rights see clause 11 (Defective Products). For further details regarding the goodwill warranty, please refer to the terms of policy which are set out in the bottom of this page.
10 PAYMENT
10.1 If you bought online, by mail order, over the phone or on your doorstep, we accept all major credit cards and debit cards as well as Apple Pay, GPay, ShopPay and PayPal. We do not accept cash or cheques.
10.2 We will do all that we reasonably can to ensure that all of the information you give us when paying for the Products is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this contract or our Privacy Policy (see clause 3) or breach by us of our duties under applicable laws, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
10.3 All payments by credit card or debit card need to be authorised by the relevant card issuer. We may also need to use extra security steps via:
10.3.1 Verified by Visa: Verified by Visa | Visa Verification & Consumer Protection | Visa;
10.3.2 MasterCard® Identity Check: Identity Check | Security | MasterCard; or
10.3.3 American Express SafeKey: SafeKey | Amex Security Code Feature | American Express UK.
10.4 If your payment is not received by us in accordance with clause 10.3, we may charge interest on any balance outstanding at the rate of 4% percentage points (or a lower amount if required by law) per year above Bank of England’s base rate. We will email you to let you know if we intend to do this.
10.5 Nothing in this clause affects your legal rights to cancel the contract during the cancellation period as set out in clauses 6 and 7.
10.6 The price of the Products will be as specified on the website and may be subject to change from time to time. Any orders accepted by us prior to any change in price, will not be affected.
10.7 All prices are in pounds sterling (£) (GBP) and include VAT at the applicable rate and exclude delivery costs.
11 DEFECTIVE PRODUCTS
11.1 Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’) are set out at the top of this page. They are a summary of some of your key rights. For more detailed information on your rights and what you should expect from us, please:
11.1.1 contact us at info@skarper.com or via www.skarper.com/contact
11.1.2 visit the Citizens Advice website www.citizensadvice.org.uk or call 0808 223 1133.
11.2 Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
11.3 If you are not happy with the Products we have provided to you, please contact us using the contact details at the top of this page.
12 END OF THE CONTRACT
12.1 If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.
12.2 We may, at any time, end this contract if:
12.2.1 You don’t make any payment to us when it is due and you still don’t make the payment within 5 days of our reminding you to pay;
12.2.2 you have acted in a manner which shows that you do not intend to, are unable to comply with or you have breached, any of these terms;
12.2.3 you don’t, within a reasonable time, either allow us to deliver the Product to you or collect it from us;
12.2.4 we are required to terminate the contract by law (i.e. if the Products we are providing to you are found to be unlawful);
12.2.5 we no longer provide the Products you have purchased in your country of residence or in the country where we are providing the Products to you; or
12.2.6 we are no longer providing the Products.
12.3 If we end the contract for any of the reasons set out in paragraphs 12.2.1 to 12.2.6, we are responsible for direct losses (not consequential losses of any kind) you suffer caused by us breaking this contract unless the loss is:
12.3.1 Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
12.3.2 Caused by a delaying event outside our control. As long as we have taken the steps set out in the clause 1 (‘delays outside our control’).
12.3.3 Avoidable. Something you could have avoided by taking reasonable action, including following our reasonable instructions for use.
12.3.4 A business loss. It relates to your use of a product for the purposes of your trade, business, craft or profession.
13 LIMITATION ON OUR LIABILITY
13.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
13.1.1 losses that were not foreseeable to you and us when the contract was formed;
13.1.2 losses that were not caused by any breach on our part;
13.1.3 business losses; or
13.1.4 losses to non-consumers.
14 DISPUTES
14.1 We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the Products we have provided or any other matter, please contact us as soon as possible using the contact details set out at the top of this page.
14.2 The laws of England & Wales apply to this contract, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.
14.3 Any disputes will be subject to the exclusive jurisdiction of the courts of London, England.
15 OTHER IMPORTANT TERMS APPLY TO OUR CONTRACT
15.1 We can transfer our contract with you, so that a different organisation is responsible for supplying your Product. We'll tell you in writing if this happens and we'll ensure that the transfer won't affect your rights under the contract.
15.2 You can only transfer your contract with us to someone else if we agree to this. However, you can transfer our goodwill warranty to a new owner of the product. We can require the new owner to prove you transferred the product to them, for example by producing a letter or chain of letters from the original purchaser and subsequent purchasers (where appropriate) transferring the benefit of the warranty to the new owner of the property in question.
15.3 Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
15.4 If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
15.5 Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.
You have now come to the end of the legal terms. If you have read this, congratulations and well done for getting this far!
Only one thing left to do
Click Ride Smile
[End of Terms]
Skarper’s Goodwill Warranty Terms
Last updated 8.10.24
Our Goodwill Warranty
We offer our consumer customers a 2 year goodwill warranty for our Products, however they are purchased, by showing a valid and dated proof of purchase in your name. This goodwill warranty does not affect your legal rights if there is something wrong with your Product.
1. This goodwill warranty is valid for Products bought directly from us or from our authorised dealers.
2. The goodwill warranty applies to Products intended for use within the UK. We have no (warranty) obligations towards the consumer should the Product be used outside the UK.
3. This goodwill warranty covers all original components against defects in workmanship and materials (e.g. in case the Products do not correspond with the Product description in the user manual or do not materially correspond with the advertisement of the Product).
4. You must follow our standard return to manufacturer process. We will not be responsible under the warranty for any returns unless you follow the return instructions. If a warranty claim is accepted, we will, in our sole discretion, provide a replacement (which is not necessarily identical) for any defective part or component(s), or we may make reasonable commercial efforts to fix the part or components. We will cover the expenses of the part, shipping, and any associated repair labour costs. We will refund standard delivery costs only, up to a maximum of one hundred pounds sterling (£100), upon proof of expenditure. We don’t refund any extra you have paid for express delivery or delivery at a particular time. Any additional transportation costs (such as those incurred if you request an on-site technician to carry out the repair, or travel expenses to and from a service point) will be your responsibility.
5. Any replacement parts or components will be covered under warranty for the same length of time as the original Product and will expire at the same time as the original Product's warranty.
6. We may replace defective Products or parts with new or refurbished Products or parts.
7. It is your responsibility to ensure that the battery is charged at the appropriate intervals if not using the Product. Failure to do so may cause the battery to go into deep discharge mode, which is a necessary safety feature which may require a replacement of the battery at your cost.
8. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, you can transfer our warranty to a new owner of the Product. We can require the new owner to prove you transferred the Product to them, for example by producing a letter or chain of letters from the original purchaser and subsequent purchasers (where appropriate) transferring the benefit of the warranty to the new owner of the property in question. We will be happy to supply a suggested specimen letter.
9. Upon return, the Product will be run through a series of machine and human diagnostics. This goodwill warranty does not cover:
(i) Commercial use of any kind (including, without limitation, deliveries, taxis, etc);
(ii) misuse, including:
(a) use over and above reasonable commuter mileage assumptions
(b) treatment resulting in physical, cosmetic or surface damage or changes to the Product;
(c) failure to install or use the Product for its normal purpose or in accordance with instructions on installation or use;
(d) failure to maintain the Product in accordance with instructions on proper maintenance;
(e) installation or use of the Product in a manner inconsistent with the technical or safety laws or standards in the country where it is installed or used including the use of third-party applications to modify or adjust settings, including but not limited to speed controller settings;.
(f) use of the Product with accessories, peripheral equipment and other products of a type, condition and standard other than as prescribed and approved by us;
(g) Repair or attempted repair by persons who are not approved by us;
(iii) Adjustments or adaptations without our prior written consent, including:
(a) upgrading the Product beyond specifications or features described in the instruction manual, or
(b) modifications to the Product to conform it to national or local technical or safety standards in countries other than those for which the Product was specifically designed and manufactured.
(iv) Failure of the Product caused by accidents including but not limited to fire, liquids, chemicals, other substances, flooding, vibrations, excessive heat, power surges, excess or incorrect supply or input voltage, other external forces and impacts.
The warranty does not extend to parts that naturally deteriorate and need to be replaced due to reasonable use. The anticipated lifetime of these parts is dependent on factors such as the extent of use, maintenance, and overall handling. It is your responsibility to regularly inspect and adequately maintain the Product.
Need Help? Here’s How to Reach Us:
Got a question or need to make a warranty claim?
If you have any warranty claims to make, please submit a support request via emailing info@skarper.com. Claims under the warranty must be made directly to us. Any repair under warranty needs to be executed by us or approved by us in advance. If not, we have the right to refuse the warranty claim.
Please access and review the online help resources referred to in the documentation accompanying this Product before requesting warranty service. If the Product is still not functioning properly after making use of these resources, please contact info@skarper.com. You must assist in diagnosing issues with your Product and follow our warranty processes.
We may provide warranty service: (i) by sending you prepaid waybills (and if you no longer have the original packaging, we you will need to use protective packaging material) to enable you to ship the Product to our designated repair service location for service. All Products and parts replaced become our property.
You agree to follow instructions, including, if required, arranging the return of the original Product or part to us in a timely manner.
If you are still having difficulty, please just drop us a line, and we’ll guide you through the process:
• send an email to info@skarper.com; or
• fill out and submit the online contact form available here https://www.skarper.com/contact.
