a. ‘The Buyer‘ means any person who places an order and enters into a contract with The Electric Motorbike Company Ltd of Greenhill House, 26 Greenhill Crescent, Watford, WD18 8JA Registered in England under number 11136345 (The Seller) for the sale of Goods and or Vehicles.
b. ‘Consumer’ means a Customer, being an individual who, for the purposes of the purchase, is acting wholly or mainly outside of their trade, business, craft or profession.
c. ‘Conditions ‘mean the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between The Buyer and The Seller.
d. ‘Contract ‘means the contract for the purchase and sale of the Goods.
e. ‘Customer’ means any Consumer or Dealer.
f. ‘Dealer’ means any person or body corporate engaged in the sale, resale or maintenance of vehicles to Consumers.
g. ‘Goods ‘means all vehicles, or other items to be sold by The Seller to The Buyer including all documentation including but not limited to the V5C and Certificate of Conformity.
h. ‘Vehicle’” means any car, motorcycle, scooter or moped and generally each and every accessory to and component thereof.
i. ‘Writing ‘includes email, text, other messaging media Including but not limited to WhatsApp or Facebook Messenger), cable, facsimile transmission and any comparable means of communication.
2. Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
3. The headings in these Conditions are for convenience only and shall not affect their interpretation.
Basis of Sale
4. The Seller shall sell and The Buyer shall purchase the Goods in accordance with the quotation of The Seller, or any written order of The Buyer (which is accepted by The Seller), subject in either case to these Conditions, which shall govern the Contract to the exclusion of any other terms and conditions (including any terms or conditions which The Buyer attempts or purports to apply under any purchase order, confirmation of order, specification or other document).
5. No variation to these Conditions shall be binding unless agreed in Writing between authorised representatives of The Buyer and The Seller.
6. The Seller’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed by an authorised officer of The Seller in Writing. In entering into the Contract, The Buyer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed.
7. Any advice or recommendation given by The Seller or its employees or agents to The Buyer as to the storage, application or use of the Goods which is not confirmed in Writing by The Seller is followed or acted upon entirely at The Buyers own risk, and accordingly The Seller shall not be liable for any such advice or recommendation.
8. Any manifest typographical, clerical or other error or omission in any sales literature, quotation, acceptance of offer, invoice or other document or information issued by The Seller shall be subject to correction without any liability on the part of The Seller.
Orders and specifications
9. Notwithstanding any purported acceptance by The Buyer of the terms of any quotation of The Seller, no order submitted by The Buyer shall be deemed to be accepted by The Seller unless and until confirmed in writing by The Sellers authorised representative.
10. The quantity, quality and description of any specification for the Goods shall be those set out in The Sellers quotation or The Buyers order (if accepted by The Seller).
11. If the Goods are to be manufactured or any process is to be applied to the Goods by The Seller in accordance with a specification submitted by The Buyer, The Buyer shall indemnify The Seller against all loss, damages, costs and expenses awarded against or incurred by The Seller in connection with or paid or agreed to be paid by The Seller in settlement of any claim for infringement of any patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person which results from The Seller’s use of The Buyer’s specification.
12. No order which has been accepted by The Seller may be cancelled by The Buyer except with the agreement in Writing of The Seller and on terms that The Buyer shall indemnify The Seller in full against all loss (including loss of profit), costs (including the cost of all labour, and materials used), transportation charges, duties, damages, charges and expenses incurred by The Seller as a result of cancellation.
13. In the event of cancellation, for any reason, the customer agrees to return the Goods to The Seller in the same condition as when delivered and indemnifies The Seller against any and all costs it may incur necessary in its opinion to restore the Goods to the condition in which they were originally supplied.
14. Notwithstanding any provision to the contrary in these Conditions all intellectual property rights in the Goods and any information relating thereto of whatever nature and whether registerable or not (save where the Goods are manufactured to the specification of The Buyer) shall vest in and remain the property of The Seller and accordingly The Buyer shall at all times keep confidential all such matters and shall not use the same for any purpose without the consent of The Seller in Writing.
15. If the Goods to be supplied by The Seller are new, the following provisions shall have effect:
a. this Agreement and the delivery of the Goods shall be subject to any terms and conditions which the manufacturer or concessionaire may from time to time lawfully attach to the supply of the Goods or the resale of such Goods by the Dealer; and The Seller shall not be liable for any failure to deliver the Goods occasioned by his inability to obtain them from the manufacturer or concessionaire or by his compliance with such terms and conditions. A copy of the terms and conditions currently attached by the manufacturer or concessionaire may be inspected at The Seller’s office.
b. The Seller undertakes that they will ensure that any pre-delivery work specified by the manufacturer or concessionaire is performed and that they will use their best endeavours to obtain for the Customer from the manufacturer or concessionaire the benefit of any warranty or guarantee given by them to The Seller or to the Customer in respect of the Goods and, save where the Customer is acting as a consumer (as defined by Legislation) all statements, conditions or warranties expressed or implied by law or otherwise, are hereby expressly excluded.
c. Any figure provided in the contract for taxes, rebates or grants is provided as guidance only. Notwithstanding the sums specified in the order, the sum payable by the Customer shall be the net sum due to The Seller after adding or deducting any taxes, grants and rebates applicable at the time of completion of the agreement.
d. if after the date of this order and before delivery of the Goods to the Customer, the manufacturer’s or concessionaire’s recommended price for any of the Goods, or specification of the same shall be altered, The Seller shall give notice of any such alteration to the Customer, and
i) in the event of the manufacturer’s or concessionaire’s recommended price for the Goods being increased, the amount of such increase which The Seller intends to pass to the Customer shall be notified to the Customer. The Customer shall have the right to cancel the contract within 14 days of the receipt of such notice. If the customer does not give such notice as aforesaid, the increase in the price shall be added to become part of the contract price.
ii) in the event of the recommended price being reduced, the amount of such reduction, if any, which The Seller intends to allow to the Customer shall be notified to the Customer.
e. in the event of the manufacturer of the Goods described in the order ceasing to make the Goods of that type, the Customer may (whether the estimated delivery date has arrived or not) by notice in writing to The Seller, cancel the contract on the grounds of frustration.
f. Save in the case of consumer sales (as defined) all statements, conditions or warranties as to the quality of the Goods or their fitness for any purpose whether express or implied by law or otherwise are hereby expressly excluded.
16. if the goods to be supplied by The Seller are used, the vehicle is supplied as roadworthy at the date of delivery and, in the case of consumer sales (as defined by the Sale of Goods Legislation):
a. is sold subject to any conditions or warranties that are implied by the Sale of Goods Legislation or any amending statutes.
b. Prior to signing the order form, the Customer shall examine the Vehicle and items set out in the Customer’s Certificate of Examination and the Customer is reminded that the conditions of satisfactory quality and fitness for purpose implied by the Sale of Goods Legislation do not operate in relation to such defects which the examination ought to have revealed. Should the Goods be sold subject to defects notified by The Seller to the Customer before signing the agreement, the implied conditions of satisfactory quality and fitness for purpose do not operate in relation to those defects.
c. Save in the case of Consumer sales (as defined) all statements, conditions, or warranties as to the quality of the Goods or their fitness for any purpose whether express or implied by law or otherwise, are hereby expressly excluded.
17. Where The Seller agrees to allow part of the price of the Goods to be discharged by the customer delivering a used Vehicle in part exchange to The Seller, in consideration of such allowance, it is hereby agreed that the following conditions will apply.
a. That The Seller accepts the used vehicle in reliance of the warranties granted by the Customer, including but not limited to the age, mileage and condition of the vehicle; AND
b. that such used Vehicle is the absolute property of the Customer and is free from all encumbrances; OR
c. that such used vehicle is the subject of a hire purchase or agreement or other encumbrance capable of cash settlement by The Seller, in which case the allowance shall be reduced by the amount required to be paid by The Seller in settlement thereof.
d. If The Seller has examined the said used vehicle prior to his confirmation and acceptance of this order, the used vehicle shall be delivered to them in the same condition as at the date of such examination (fair wear and tear excepted).
e. Such used Vehicle shall be delivered to The Seller on or before delivery of the Goods to be supplied by them, and the property in the said used Vehicle shall thereupon pass to The Seller absolutely.
f. Without prejudice to the above, such used Vehicle shall be delivered to The Seller within 14 days of notification to The Buyer that the Goods to be supplied by The Seller are available for delivery.
g. In the event of the non-fulfilment of any of the foregoing conditions The Seller shall be discharged from any obligations to accept the said used Vehicle or to make any allowance in respect thereof, and The Buyer shall discharge in cash the full price of the Goods to be supplied by The Seller.
Price of Goods
18. The price of the Goods shall be The Sellers quoted price. All prices quoted are valid for 30 days only, after which time they may be altered by The Seller without giving notice to The Buyer.
19. The Seller reserves the right, by giving notice to The Buyer at any time before delivery, to increase the price of the goods to reflect any increase in the cost to The Seller which is due to any change in delivery dates, quantities or specifications for the Goods which is requested by The Buyer, or any delay caused by any instructions of The Buyer or failure of The Buyer to give The Seller adequate information or instructions.
20. The Seller reserves the right, by giving notice to The Buyer at any time up to 7 days before delivery, to increase the price of the Goods to reflect any increase in the cost to The Seller which is both beyond the reasonable control of The Seller and due to fluctuations in exchange rates or an increase in the cost of raw materials occurring after the making of this Contract.
21. The price is exclusive of any applicable value added tax, which The Buyer shall be additionally liable to pay to The Seller.
Terms of payment
22. The Customer shall be liable to pay for the Goods immediately upon notification by The Seller that they are available for delivery unless other payment terms have been agreed in writing at the time of placing the order.
23. The Seller may, at its absolute discretion, demand a deposit at the time when the order for Goods is placed by the Customer and shall not be obliged to progress the order or otherwise implement the contract until such deposit is paid in full.
24. Subject to any special terms agreed in Writing between The Buyer and The Seller, The Seller shall be entitled to invoice The Buyer for the price of the Goods immediately prior to delivery or at The Seller’s absolute discretion any time after delivery of the Goods, unless The Buyer wrongfully fails to take delivery of the Goods, in which event The Seller shall be entitled to invoice The Buyer for the price at any time after The Seller has tendered delivery of the Goods.
25. Unless otherwise agreed in writing if The Buyer is a Dealer, he shall pay the price of the Goods within 30 days of the date of The Sellers invoice, and The Seller shall be entitled to recover the price, notwithstanding that delivery may not have taken place and the property in the Goods has not passed to The Buyer. The time of payment of the price shall be of the essence of the Contract.
26. If The Buyer fails to make any payment on the due date then, without prejudice to any other right or remedy available to The Seller, The Seller shall be entitled to:
a. Charge interest on any and all outstanding amounts at the rate of 8 per cent over Bank of England base rate under the Payment of Commercial Debt (Interest) Act (1988) (amended 2002)
b. Cancel the contract or suspend any further deliveries to The Buyer; and
c. Appropriate any payment made by The Buyer to such of the Goods (or the Goods supplied under any other contract between The Buyer and The Seller) as The Seller may think fit (notwithstanding any purported appropriation by The Buyer).
Right of Lien
The Seller shall have a general lien on any property of The Buyer in its possession for all monies owing to The Seller by The Buyer on any account whatsoever.
28. Unless otherwise agreed in writing delivery of the Goods shall take place at The Seller’s premises unless agreed differently in writing.
29. If delivery is not made at The Seller’s premises, all delivery charges shall be for the account of The Buyer.
30. Any dates quoted for delivery of the Goods are approximate only and The Seller shall not be liable for any delay in delivery of the Goods howsoever caused. Time for delivery shall not be of the essence.
31. Where the Goods are to be delivered in part shipments, each delivery shall constitute a separate contract and failure by The Seller to deliver any one or more of the shipments in accordance with these Conditions or any claim by The Buyer in respect of any one or more shipments shall not entitle The Buyer to treat the Contract as a whole as repudiated.
32. Where the date for delivery of the goods is not known at time of sale, any date provided is an estimate only and is dependent on the provision of the Goods to The Seller by the Supplier/ Manufacturer. The Seller will use all reasonable endeavours to secure delivery of the Goods by the estimated delivery date (if any) but does not guarantee the time of delivery. The Seller shall not be liable for any loss or damage arising out of late or delayed delivery.
33. The Seller shall not be obliged to fulfil orders in the sequence in which they are placed.
34. Goods supplied by the order of any person in The Buyer’s employment or by any person reasonably believed The Seller to be The Buyer’s agent or by any person to whom The Seller is entitled to make delivery of the vehicle shall be paid for by The Buyer.
Authority to Uplift
35. Where a person who, so far as The Seller is aware, has authority to uplift Goods or Vehicles and does so; The Seller shall have no liability to The Buyer for any loss or damage resulting on any grounds whatsoever. The Seller shall not be obliged to confirm the authority of any person reasonably believed to be the agent, or to have been at some time, connected with The Buyer.
Authority to Drive
36. In connection with the supply of a Vehicle or an inspection or testing or the preparation of any estimate in connection therewith, The Seller shall be entitled to drive the vehicle on the road or elsewhere as it shall deem necessary. These provisions shall apply also to any Vehicle offered by the Customer in part-exchange in terms of clause 17.
37. Notwithstanding the provisions of this agreement, The Buyer shall be at liberty at any time prior to notification that the Goods are available for delivery to arrange for a finance company to purchase the Goods from The Seller at the price payable hereunder. Upon the purchase of the Goods by such finance company, the proceeding clauses of this agreement except Clause 15 above shall cease to have effect but any used Vehicle for which an allowance was there under agreed to be made to The Buyer shall be bought by The Seller at the price equal to such allowance, upon the conditions set forth in Clause 17 above (save that all reference to ‘delivery’ or ‘delivered’ in relation to the ‘Goods’ shall be construed as meaning delivery or delivered by The Seller to or to the order of the finance company) and The Seller shall be accountable to the finance company on behalf of The Buyer for the said price and any deposit paid by him under this agreement.
38. In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, the Seller may offer the Buyer financing options. If payment is financed, then payment is to be made to Klarna. Further information and Klarna’s user terms can be found here. General information on Klarna can be found here. Personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarna’s privacy statement.
Repudiation by Customer
39. If the Customer does not pay for and take delivery his vehicle within 14 days of notification that the vehicle is available for delivery, The Seller shall be at liberty to treat the contract as cancelled. If this happens, or if the contract is cancelled for any other reason The Seller shall use all reasonable endeavours to sell the vehicle to another Customer. Any deposit received may be refunded but The Seller shall be entitled to recover from the deposit any and all additional costs incurred in re-selling the vehicle in addition to any reduction in the sales price achieved. The Seller shall keep the deposit whilst the vehicle is displayed and advertised as being for sale. If it is not sold within a reasonable time The Seller shall have the right to sell it at auction.
40. Once the vehicle has been sold, The Seller shall notify the Customer within 7 days of any loss incurred. If this amount is less than the deposit, then the balance will be refunded. If the amount is more than the deposit, then The Seller shall provide a certificate of loss which shall constitute absolute proof as to the amount due to The Seller and shall be due and payable on demand.
Risk and property
41. Risk of damage to or loss of the Goods shall pass to The Buyer at the time of delivery or, if The Buyer wrongfully fails to take delivery of the Goods, the time when The Seller has tendered delivery of the goods.
42. Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the property in the Goods shall not pass to The Buyer until The Seller has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by The Seller to The Buyer for which payment is then due.
43. Until such time as the property in the Goods passes to The Buyer, The Buyer shall hold the Goods as The Sellers fiduciary agent and bailee, and shall keep the Goods separate from those of The Buyer and third parties and properly stored, protected and insured and identified as The Sellers property. Until that time The Buyer shall be entitled to resell or use the Goods in the ordinary course of its business, but shall account to The Seller for the proceeds of sale or otherwise of the Goods , whether tangible or intangible, including insurance proceeds, and shall keep all such proceeds separate from any moneys or property of The Buyer and third parties and, in the case of tangible proceeds, properly stored, protected and insured.
44. Until such time as the property in the Goods passes to The Buyer (and provided the Goods are still in existence and have not been resold), The Seller shall be entitled at any time to require The Buyer to deliver up the Goods to The Seller and, if The Buyer fails to do so forthwith, to enter upon any premises of The Buyer or any third party where the goods are stored and repossess the Goods.
45. The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of The Seller, but if The Buyer does so all moneys owing by The Buyer to The Seller shall (without prejudice to any other right or remedy of The Seller) forthwith become due and payable.
Warranties, indemnities and liability
46. Subject to the conditions set out below The Seller warrants that the Goods will correspond with their specification and will be free from defects in material and workmanship at the time of delivery.
47. The above warranty is given by The Seller save that The Seller shall be under no liability in respect of any defect in the Goods arising from any drawing, design or specification supplied by The Buyer.
48. The Buyer warrants that he understands the regulations and laws regarding the safe and legal use of motorcycles and mopeds and certifies that he or anyone he permits to use the Vehicles holds the necessary licences and permissions necessary to use the Vehicles legally on the road and indemnifies The Seller against any and all claims that may arise from improper use of the Vehicles after he takes possession of them.
49. The Buyer warrants that he holds or will before the Vehicle is ridden, adequate insurance as required by law and indemnifies and holds harmless The Seller in respect of any claims arising from uninsured use of the Vehicles.
50. The Buyer’s Statutory rights are not affected by this Warranty.
Electric Motorcycle Warranty
51. Subject to the conditions set out below The Seller warrants that the Goods will correspond with their specification and will be free from defects in material and workmanship at the time of delivery and is transferrable to any subsequent purchaser of the Goods.
52. On new Vehicles, The Seller warrants the frame, electric motor, controller, electric circuits and charger for a period of 24 months from the date of first registration against any manufacturing defect and The Seller will repair or replace (at his absolute discretion) on a Return to Base basis any components if the materials or workmanship in question are defective.
53. The warranty shall not apply to
a. any item that has been modified, neglected or poorly maintained, used for commercial purposes, misused or abused or involved in an accident.
b. damage resulting from improper assembly or repair, the use or installation of parts or accessories not compatible with the original intended use of the Goods, or the failure to follow the product warnings and usage instructions.
c. deterioration to the surface finish, aesthetics or appearance of the product.
d. labour required to remove and/or re-fit and re-adjust any item covered by this warranty.
e. wear and tear arising from normal use of the Goods.
f. light bulbs, LEDs, tyres or other consumable items.
Lithium Ion battery Warranty
54. The Seller warrants the Lithium ion batteries supplied with the Vehicle will maintain at least 80% of its initial or rated charge capacity for a period of 36 months from the date of first registration or, if the warranty is extended under Clause 54a below 75% of initial capacity after 48 months or 70% of initial capacity after 60 months; and The Seller will (at its absolute discretion) repair or replace the battery and/or parts of the battery if the components in question are defective in materials or workmanship
a. The buyer shall have the option at the time of placing the order to request that the warranty on the battery or batteries be extended to 48 or 60 months at a cost of £300 or as published from time to time in the Seller’s price list.
The battery warranty shall not apply if:
a. the battery casing has been tampered with or if the manufacturer’s seal is broken
b. damage is caused by use of a charger not supplied with the battery or not approved by The Seller
c. damage is caused by connecting the battery to a mains supply without using the charger
d. the Battery Management System has detected any of the following conditions arising out of misuse of the batteries: short circuit, reverse polarity, overcharge and over discharge voltage protection.
e. there is failure to properly install the battery
f. there is damage arising from collision, fire or freezing—which includes damage from extreme heat or cold, improper storage or water damage
55. Any claim by The Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall (whether or not delivery is refused by The Buyer) be notified to The Seller within a reasonable time from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused, and The Buyer does not notify The Seller accordingly, The Buyer shall not be entitled to reject the Goods and The Seller shall have no liability for such defect or failure, and The Buyer shall be bound to pay the price as if the Goods have been delivered in accordance with the Contract.
56. Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to The Seller in accordance with these conditions, The Seller shall be entitled to replace the Goods (or the part in question) free of charge or, at The Sellers sole discretion, refund to The Buyer the price of the Goods (or a proportionate part of the price), but The Seller shall have no further liability to The Buyer.
57. Except in respect of death or personal injury caused by The Sellers negligence, The Seller shall not be liable to The Buyer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of The Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by The Buyer, except as expressly provided in these Conditions.
58. The Seller shall not be liable to The Buyer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of The Sellers obligations in relation to the Goods, if the delay or failure was due to any cause beyond The Sellers reasonable control including without limitation Act of God, explosion, flood, tempest, fire or accident, war or threat of war, sabotage, insurrection, civil disturbance or requisition, or any acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority, import or export regulations or embargoes, strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of The Seller or of a third party), difficulties in obtaining raw materials, labour, fuel, parts or machinery, and power failure or breakdown in machinery.
Insolvency of The Buyer
59. This clause applies if:
a. The Buyer makes voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or
b. An encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of The Buyer; or
c. The Buyer ceases, or threatens to cease, to carry on business; or
d. The Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to The Buyer and notifies The Buyer accordingly.
60. If this clause applies then, without prejudice to any other right or remedy available to The Seller, The Seller shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to The Buyer, and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
61. The Buyer’s right to possession shall cease if they, not being a company, become bankrupt or if they, being a Body Corporate, do anything, or fail to do anything which would entitle a Receiver to take possession of any assets or which would entitle any person to present a petition for winding-up.
62. Should The Buyer’s right of possession cease they will notify The Seller and immediately make the goods available for collection. The Seller may, for the purposes of recovery of the Goods, enter upon any premises where they are stored or where they are reasonably thought to be stored and may repossess them.
63. If, and only if, The Buyer is a Consumer, and where this Agreement has been completed away from The Seller’s business premises and/or without any face to face contact between The Seller and The Buyer; The Buyer may give notice to cancel this Agreement within 14 days without giving any reason.
64. This cancellation period (cooling off period) will expire 14 days after the day on which The Buyer, or a third party its behalf, takes delivery or otherwise acquires physical possession of the Goods. To exercise this right to cancel, The Buyer must inform The Seller of the decision to cancel this Agreement in writing by clear statement (e.g. a letter sent by post, fax or email) to The Seller’s address as set out above.
65. To meet the cancellation deadline, it is sufficient for The Buyer to send his communication confirming his exercise of the right to cancel before the cancellation period has expired.
66. If this Agreement is cancelled, The Seller shall reimburse all payments received under this Agreement, without undue delay, and not later than:-
67. 14 days after the day on which the Goods are received back; or
a. (if earlier) 14 days after the day The Buyer provides evidence that the Goods have been returned; or
b. If there were no Goods supplied, 14 days after the day on which The Buyer was informed of the decision to cancel this Agreement.
68. The reimbursement will be made using the same means of payment as used for the initial transaction, unless it has been expressly agreed otherwise, but in any event The Buyer will not incur any fees as a result of the reimbursement.
69. The Seller may withhold reimbursement until the Goods have been received back or evidence of having sent back the Goods to is received. The Buyer must send back the Goods or deliver them back to The Buyer at the address above at his own expense, without undue delay and in any event not later than 14 days after the day on which cancellation of this Agreement is communicated to The Seller.
70. This deadline is met if The Buyer sends back the Goods before the period of 14 days has expired but The Buyer shall bear the cost of returning the Goods to The Seller.
71. The Buyer must take reasonable care of the Goods whilst they are in his possession. The Buyer shall be responsible for any loss or damage from when they are delivered until they are returned.
72. The Buyer shall be liable for any diminished value of the Goods resulting from the handling other than that necessary to establish the nature, characteristics and functioning of the Goods.
73. The Buyer shall be liable for the vehicle from the point of accepting delivery. If The Buyer chooses to cancel within the cooling off period then they remain liable for the vehicle until it has been returned to The Seller. The Buyer will be liable, and charged, for any damage present which was not noted when The Buyer accepted delivery of the vehicle. Any cost will be deducted from the final refund amount.
74. To receive a full refund a maximum additional mileage of 10 miles from the recorded delivery mileage is allowed. If The Buyer covers any additional distance then an excess mileage charge of £5.00 per mile will be deducted from the final refund amount.
75. Any delivery cost charged to The Buyer as part of the order will be fully refunded. However The Buyer will be liable for any collection costs incurred and this amount will be deducted from the final refund. If required to arrange collection, The Seller will inform The Buyer of any costs before arranging collection and will not make any arrangements without prior consent.
76. The Buyer is able to make their own arrangements for return of the vehicle but, in doing so, accepts full liability for the vehicle until it is returned to The Seller. Any damage caused to the vehicle will be deducted from the final refund amount and in the case of any insurance claim being raised, no refund will be made until pay-out from the relevant insurance company has been made.
77. No refund amount will be made until the vehicle has been inspected and signed for by The Seller. If the Seller intends to make any deductions from the final refund amount then The Buyer will be made aware of that amount prior to the refund.
78. The Seller reserves the right to make a charge of £5.00 + VAT per bike for the storage of The Buyer’s vehicle or vehicles.
79. The Seller may assign the benefits and burdens hereunder to any third party without the consent of The Buyer. The Buyer shall not assign the benefits and burdens hereunder to any third party without the consent in Writing of The Seller.
80. The Buyer hereby grants The Seller an unlimited licence to use any image, photograph, video or picture of themselves in or on any website, advertisement, brochure, email or catalogue, free of charge or royalty providing that no such publication shall be used for any purpose other than in connection with The seller’s business for the promotion of motorcycles or accessories.
81. Any notice required or permitted to be given by either party to the other under these Conditions shall be in Writing addressed to that other party as its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
82. No waiver by The Seller of any breach of the Contract by The Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
83. If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.
84. Incoterms means the international rules for the interpretation of trade terms of the International Chamber of Commerce as in force at the date when the Contract is made. Unless the context otherwise requires, any term or expression which is defined in or given a particular meaning by the provisions of Incoterms shall have the same meaning in the Contract, but if there is any conflict between the provisions of Incoterms and these Conditions, the latter shall prevail.
85. The singular shall include the plural and the male shall include the female or business entity as may be appropriate.
86. The Contract shall be governed by the laws of England and both parties agree to submit to the non- exclusive jurisdiction of the English Courts as regards any claim or matter arising under the Contract.
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Please read these Terms and Conditions carefully before accessing or using our Site.
This website www.techniwaterjet.com (Site) is owned and operated by Techni Waterjet Pty Ltd ABN 53 053 413 817 (Techni, we, us or our).
These terms and conditions including any other terms incorporated into them by reference or made available by hyperlink (Terms) are a binding agreement between Techni and any person accessing information, tools or services available from the Site, including submitting requests for ordering products from the Site (Service) (referred to as person, you or your).
By visiting any part of our Site and/or making order requests on our website, you engage with our Service and you agree to be bound by the Terms.
You warrant to us that you are at least 18 years of age and that you are legally capable of entering into binding contracts. If you are under 18 years of age, you warrant that you have obtained consent from your parent or legal guardian and that they agree to be bound by these Terms on your behalf.
- Techni will use reasonable efforts to ensure that our Site is available, however temporary interruptions of our Site may occur. We will not be liable to you or anyone else if for any reason our Site is unavailable at any time or for any period. We may also restrict access to some parts of or the entire Site, from time to time.
- All content and information provided on or through our Site are provided on an ‘AS IS’ and ‘AS AVAILABLE’ basis, without any warranties or conditions of any kind either express or implied, including implied warranties and conditions of merchantability, fitness for a particular purpose or non-infringement. While we try to ensure that information on the Site is accurate at the time of inclusion, we are not responsible if content or information made available on our Site is not accurate, complete or current. The content or information on our Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the content or information on our Site is at your own risk.
- We reserve the right to refuse to supply the Service to anyone, or to withdraw or amend the Service, for any reason at any time without notice, but we have no obligation to do so. You agree that it is your responsibility to monitor changes to our Site.
- Products and Pricing
- All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
- Once your order request has been processed by a member of the Techni team, an invoice will be generated and sent to you by email to confirm pricing of the product/s. The email will be sent to the email address you provided through the order request.
- Prices on the invoice will be denominated in the currency stipulated on the invoice. Unless expressly specified, prices on the invoice do not include applicable taxes. The final amount at checkout will be subject to the relevant exchange rate as applied by the payment processor.
- Your financial services provider or the payment processor may charge administration fees, currency conversion fees, merchant fee or other fees on purchases of any products from the Site and on any refunds that we provide in accordance with these Terms. We are not responsible or liable for any such fees or charges.
- Any offer for any product or service that is made on our Site is void if you access the Site from, or reside in a place in which, an offer of that kind is prohibited.
- Certain products and services may be available exclusively online through our Site. These products or services may have limited quantities or availability time frames, and these products are subject to return or exchange only according to clause 8 and clause 11.
- Orders and billing
- To place an order request for products through the Site, you must be over 18 years of age, and have an email account and a valid debit or credit card issued by a bank acceptable to us, or our payment processor.
- By placing an order request for any products or services through the Site, you are offering to purchase those products or services in accordance with our Terms. Any order requests placed are subject to availability and confirmation of the price of the products or services.
- You must follow the instructions on our Site when placing an order request. We will send you an email confirmation when we receive your order request, usually within 30 minutes of your order (during business hours, Melbourne local time). This email only acknowledges your order request and does not constitute acceptance of your order. If we make a change to or cancel an order, we will attempt to notify you using the contact information you provided at the time the order was made.
- By submitting order requests or purchasing any products shown on our Site, you warrant that you are purchasing the products for your own use and are not purchasing any products for any trade purposes or for resale to any third parties.
- You agree to provide current, complete and accurate purchase information for all purchases of any of our products or services shown on our Site.
- We reserve the right, but are not obliged, to:
- refuse any order you place with us, including any order that (in our sole discretion) appear to be placed by dealers, resellers or distributors;
- limit sales to any person, geographic region or jurisdiction;
- limit the quantities of any products or services that we offer per person, per household or per order; or
- discontinue any product or service at any time.
We may exercise these rights on a case-by-case basis. Any order restrictions may be applied to orders placed under the same credit card and/or orders that use the same billing and/or shipping address.
- Unless we have previously notified you that we do not accept your order, for any reason, or if you have already cancelled your order in accordance with these Terms, our acceptance of your offer to purchase our products and the formation of a contract between us occurs when:
- we approve your payment; or
- we, or our payment processor, debits your account and the funds have cleared.
- In respect of orders:
- The final amount payable for your order and delivery (including any applicable delivery and handling fees) is shown on the invoice which is emailed to you. You agree to pay the final amount in accordance with the payment terms specified on the invoice.
- For specific existing customers, payment terms will depend on the specific customer’s credit terms that we have in our ERP system.
- Your payment for the order must be cleared before we dispatch our products to you. If for any reason your card issuer declines your payment, we cannot hold your order and you must submit a new order.
- If we offer free shipping, it only applies in accordance with any promotional offers from time to time. Free shipping, if offered, only applies to standard delivery in Australia. It does not apply to express shipping or to shipping to a place outside of Australia.
- If you place consecutive orders with us separately, we cannot consolidate the orders. Separate delivery charges will be applied to each order.
- If any product ordered by you is not in stock at the time of delivery, we will offer you the following options:
- deliver the remaining products to you and deliver the unavailable product when it comes back into stock;
- supply an agreed substitute product; or
- refund you the cost of the unavailable product.
- Payments for orders can be made in the following ways:
- bank cheque;
- bank transfer; or
- credit card payment made over the phone.
- Terms defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth) (GST Act) have the same meaning when used in this clause unless expressly stated otherwise.
- Except where these Terms specify otherwise, an amount payable by a party under these Terms in respect of a taxable supply by the other party represents the value of the supply (Supply Amount). The recipient of the supply must, in addition to the Supply Amount and at the same time, pay to the supplier the amount of GST imposed by the GST Act payable in respect of the supply. For the avoidance of doubt, the GST amount payable under this clause will be calculated by multiplying the Supply Amount by the prevailing GST rate.
- If at any time an adjustment is made between the supplier or any other payer of GST and the relevant taxing authority on account of GST on any supply made or other matter or thing done under or in connection with these Terms by the supplier, a corresponding adjustment must be made as between the supplier and the recipient and any payment required to give effect to the adjustment must be made. The supplier must provide to the recipient an adjustment note relating to the adjustment within 7 days.
- Taxes and International orders or subscriptions
- If international orders or subscriptions to your chosen country of delivery are permitted through the Site, such orders or subscriptions are not subject to Australian GST.
- International orders or subscriptions may be subject to applicable duties, fees, levies and taxes in the destination country. They may also be subject to charges for customs clearance under local customs laws or formalities. Such charges are levied by the importing country at the time that the products are delivered to the destination country. The recipient of international orders or subscriptions, as the importer, is responsible for paying all applicable local duties, fees, levies, taxes and charges for customs clearance.
- For information on importing goods to your destination country, and any applicable charges, levies, taxes please contact your local government authority.
- You must nominate a location for delivery when submitting an order request.
- Once payment for your order has been received by our payment processor, we will arrange for your order to be delivered. We do not control deliveries or delivery times once our products have been dispatched from our warehouse.
- All delivery and shipping costs will be specified in the invoice that we send to you by email. We use several third party couriers due to shipping to various countries. If your delivery has not arrived within a reasonable timeframe, please contact us to discuss the next steps.
- To the extent permitted by law, we will not be liable to you for any delay in delivering our products. Processing may take longer during certain times of year. We do not process any orders for our products until our payment processor confirms that it has received payment for our products.
- We are not responsible or liable for any delay or failure to deliver any products ordered from us as a result of any legal, customs or regulatory restrictions imposed by any countries.
- You must arrange for our products to be accepted on delivery by a person 18 years or older. If delivery is delayed due to your unavailability or refusal to accept our products (or if you do not accept delivery of our products within two (2) weeks of our first delivery attempt), we may:
- charge you for storage fees up until the date of successful delivery; or
- cancel your order (in which case we will refund you the fees paid for our products, excluding delivery and handling fees which are non-refundable).
- Title to our products passes to you once the cleared payment of the final amount has been received by us. Risk to our products passes to you once they have left our premises.
- If for any reason you are not satisfied with our products, we will gladly offer you a refund provided that you notify us within 30 days from the date of purchase. We would love to hear your feedback so that we can continue to serve you better.
- We do not refund delivery and handling fees, except where we deliver the wrong products to you.
- In the unlikely event that any of our products are subject to a product recall, we will post a notice on our Site and/or contact you (or the recipient of the product) by the most appropriate means, including by email, SMS, telephone or instant messaging.
- We will provide you with instructions regarding next steps with respect to returning the products, in accordance with our recall notice.
- Prohibited use
In using the Service, you will not, will not attempt to, or permit any person to:
- use the Service for any unlawful purpose;
- violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
- harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- submit false or misleading information;
- derive or attempt to derive the source code or structure of all or any portion of the Site by reverse engineering, disassembly, de-compilation, or any other means;
- interfere or tamper with any security-related or other features on the Site;
- reproduce, republish, adapt, alter, transmit, translate, distribute, “frame”, “mirror” or otherwise incorporate any part of the Site and any content on the Site, into any other website without our prior written consent;
- remove, tamper with any of the intellectual property rights or any copyright, trade mark or other proprietary notice of ours or any other entity on the Site;
- do anything that imposes an unreasonable or disproportionately large load on the Site or any network or website connected to the Site;
- post to the Site or transmit or distribute any code, files or programs designed to interrupt limit or destroy the functionality of any computer software or hardware or any Trojan, worm or logic bomb;
- send any unsolicited advertising or promotional material through the Site;
- collect or track the personal information of others;
- spam, phish, pharm, pretext, spider, crawl, or scrape;
- interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; or
- commit or encourage a criminal offence.
- Consumer Law
- The Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) and other similar consumer protection laws and regulations may imply certain rights, consumer guarantees, warranties and remedies relating to our products and the Service which cannot be excluded, restricted, qualified or modified by us (Non-Excludable Rights). Nothing in these Terms excludes or attempts to exclude your Non-Excludable Rights as a consumer under the ACL.
- To the maximum extent permitted by law or any statutory consumer guarantee contained in, any applicable law, our liability to you for a breach of these Terms or the ACL will be limited to:
- offering you a refund for a major failure of our product; or
- replacing the product where it fails to be of an acceptable quality but the failure does not amount to a major failure.
- Replacement products will be shipped once we receive the faulty product or satisfactory evidence of the faulty product.
- If you are not satisfied with the quality of our products on delivery, please contact us to discuss your options. Where applicable, we will comply with our obligations under the ACL.
- To the extent permitted by law, we exclude all warranties and conditions in relation to our products implied by law including those contained in the Sale of Goods Act 1958 (VIC) and the equivalent sale of goods legislation in the other states and territories of Australia.
- To the maximum extent permitted by law, or any statutory consumer guarantee contained in, any applicable law, we exclude liability arising from or in connection with:
- direct or indirect damages and consequential losses, whether based in contract, tort (including negligence), strict liability or otherwise, suffered as a result of fraudulent credit card use; or
- direct or indirect damages and consequential losses, whether based in contract, tort (including negligence), strict liability or otherwise, suffered as a result of your use of the Service or any of our products, or any content or information made available through the Service.
- You agree to indemnify, defend and hold harmless Techni and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
- To the maximum extent permitted by law, or any statutory consumer guarantee contained in, any applicable law, we exclude liability arising from or in connection with:
- Intellectual property
- We own or are licensed all right, title to and interest in the Service including all content, text, images, trade marks and logos displayed on the Service (Techni IP).
- We grant you a limited, personal, revocable, non-exclusive, non-transferrable and non-sublicensable licence to use the Techni IP for the sole purpose of accessing the Service in accordance with these Terms.
- You acknowledge that other than the express licence granted to you in this clause, you obtain no other rights, implied or otherwise, in respect of the Techni IP.
- Third party websites
- Certain content, products and services available via our Service may include materials from third parties.
- Third party links on our Site may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third party materials or websites, or for any other materials, products, or services of third parties.
- We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
- The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
- These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Service, or when you cease using our Site.
- If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination, and/or accordingly may deny you access to our Service (or any part thereof).
- Entire Agreement
- The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
- These Terms and any documents incorporated by reference or made available via hyperlink constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
- Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
- Governing law
These Terms and any separate agreements whereby we provide you a Service shall be governed by and construed in accordance with the laws of the State of Victoria, Australia.
- Changes to these Terms
- You can review the most current version of these Terms at any time at this page.
- We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our Site.
- It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.
- Contact information
Questions about these Terms should be sent to us at: [email protected].
These Terms were last updated on 19 January 2023.


What is a Member?
Members are not exclusive to academy trusts – most charitable companies have members as a result of the requirements of the Companies Act 2006. All academy trusts are set up as charitable companies so they too must have members. The first members sign to say they wish to form a company and are signatories to the memorandum of association drawn up when the trust formed. These members will also have agreed the trust’s first articles of association, which include the trust’s charitable objects – i.e. the purpose of the organisation. The members will also be the final stage in the process of changing the articles (see NGA’s guidance on the process for changing articles). The articles describe how the trust will be governed including how many members can be appointed, by whom, and voting rights.
Members hold the trust board to account for the effective governance of the trust but have a minimal role in the actual running of the trust. It is the trustee board, not the members, who are the organisation’s key decision makers. However, there are some critical decisions that sit with the members, especially if the trust is failing.
Members are essential to the integrity of an academy trust governance structure. They are the last line of defence from failures of governance and failure to uphold the charitable purpose of the organisation. Members must therefore remain informed of trust performance and be clear on how to appropriately interact with the trustee board.
Academy trusts are set up as charitable companies limited by guarantee. As limited companies, it is the charity which is liable for its debts, not the people behind it, who are protected by limited liability. As charitable companies do not have shareholders whose liability is limited to the number of shares they have bought, they have members, with the members’ liability limited to the amount of the guarantee set out in the charitable company’s articles. In the case of academy trusts, members’ liability is limited to £10.
The DfE compares members to shareholders of a company limited by shares, but this comparison can be unhelpful due to shareholders being due a dividend, while academy trusts are not-for-profit organisations, where members volunteer with no monetary reward. While members are focused on the success of the organisation, success should be measured against the achievement of the charitable object of the organisation.
While members have no day-to-day or week-to-week role in running the company, a key responsibility is the appointment/ removal of trustees. If the trust is not achieving its purpose, the members must consider if this is because the trustees are failing to carry out their three core governance functions. If they conclude that they are not, members need to seriously consider if they need to remove trustees, or if other action is required, such as commissioning an external review of governance.


Setting up a business in the MENA region or the world can be a lucrative experience, and considering mainland company formation in Dubai can help you access a pool of gains that many other countries cannot offer. The Dubai Department of Economic Development takes care of the entire process of company formation in Dubai. There are significant advantages to having a mainland company in Dubai, and here are a few of them.
Mainland companies are not subject to visa restrictions:
Mainland companies in Dubai offer a host of attractive benefits to foreign investors. A mainland company in Dubai is licensed by the Department of Economic Development, allowing it to operate in the local market and export its goods and services around the world. The location of the company in Dubai gives it unique opportunities for entry into the global marketplace and GCC markets. In addition, 100% foreign ownership of a mainland company in Dubai is now possible under an amendment to the Commercial Companies Law.
Mainland companies can choose their office location anywhere in Dubai:
Mainland companies can conduct business in Dubai and the UAE, where they are allowed to operate anywhere they like. This gives them a distinct advantage over free zones, which are restricted to certain areas and specific types of activities. Mainland companies can choose an office location anywhere in the emirates, and can even have multiple branches to create a strong presence across the UAE.
Mainland companies can conduct business without the inference of the local partner:
Setting up a mainland company in Dubai has several benefits. It does not have a minimum capital requirement and is exempt from corporate taxes. It has the lowest statutory VAT of 5%, among the lowest in the world. It also opens the door for entering the lucrative government sector. A mainland company is exempt from UAE currency restrictions and can apply for several visas.
If you want to make a mark in the UAE’s thriving market, setting up a mainland company is the right choice for you. Dubai’s Department of Economic Development (DED) helps entrepreneurs form companies on the mainland, offering numerous benefits and flexibility for entrepreneurs. However, setting up a mainland company requires more work than just forming a company in Dubai. You will need to reserve a trading name, partner with a local sponsor, and apply for all necessary visas and labor cards.


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Our accountants and litigation specialists look into and beyond the numbers. We can untangle complex financial disputes and can provide litigation support throughout all phases of a dispute. We help even the most experienced litigators analyze complex accounting issues. So whether you need someone to quantify economic damages or trace assets in a hotly contested divorce, our professionals are here to help.


General Terms and Conditions of Business to Consumers
for RIMOWA online orders
1 Scope of application, conclusion of a purchase agreement
1.1 These General Terms and Conditions of Business to Consumers ("General Terms and Conditions") apply to all agreements that RIMOWA GmbH ("RIMOWA" or "we") with its registered office in Richard-Byrd-Str. 13, 50829 Cologne, Germany, concludes with a customer who is a consumer within the meaning of Section 13 of the German Civil Code (BGB), i.e. every natural person who enters into a legal transaction for purposes that predominantly are outside such person's trade, business or profession, ("you") on the basis of online orders, e.g. via the website of RIMOWA ("Website").
1.2 The products displayed on our Website constitute a non-binding product catalogue. Our product offerings on the Website are non-binding and do not constitute an offer to conclude a purchase agreement.
- By placing an order via the Website, you make a binding offer to purchase the relevant products and, thus, to conclude a purchase agreement ("Agreement").
- If the Receipt Confirmation does not expressly declare an acceptance of your order and your products are not dispatched within five working days from receipt of the Receipt Confirmation, your offer to conclude an Agreement shall be deemed to have been rejected.
- If you have selected PayPal as your payment method as stated in Clause 3.2, the Agreement shall be deemed to have been concluded at the time you confirm the payment instruction to PayPal.
1.3 The products shown on the Website may only be purchased in standard household quantities (maximum six products per order).
1.4 The languages available for the conclusion of an Agreement are:
German, English, French.
The respective language of an Agreement shall depend on the language in which the Website, where you purchase our products, is designed.
1.5 You can place your order as a guest without registering. You may also register on our Website as stated below in Clause 2 when you place your order and create a customer account “MyRIMOWA” ("Customer Account"). If you create a Customer Account when you place your order, the details of your order and the Agreement will be stored therein; you can then review the details in your Customer Account. We will also send to you the order details and these General Terms and Conditions with the Dispatch Confirmation as stated in Clause 1.2 para. 4. You also have the option of reading and downloading these General Terms and Conditions at any time via our Website.
1.6 You are entitled to withdraw from the Agreement in accordance with the Instructions on Withdrawal pursuant to Clause 8.2.
2 Registration, customer account and data protection
2.1 In order to register on our Website, you have to complete the mandatory fields in the registration form correctly and in full. The registration is successfully completed if it has been confirmed by us with a corresponding confirmation email. Once you have successfully registered, a personal RIMOWA number for your Customer Account ("ID"), which will be linked to the email address you have provided, will be created for you. This ID is non-transferable and grants you access to your Customer Account.
2.2 Your personal login details have to be stored in a way that protects them against access by third parties. If third parties become aware of your login details nonetheless, then you shall inform us immediately and change your login details. You are also responsible for renewing the data specified by you for each new order.
3 Terms and conditions of payment, shipping costs, return shipping costs
3.1 All prices for products displayed on the Website include statutory VAT, except for Switzerland, Norway and Liechtenstein where prices for products are displayed excluding statutory VAT .
3.2 The following payment methods are available:
- Credit card (MasterCard, VISA, American Express): Your credit card will be charged upon acceptance of your order according to Clause 1.2 para. 4.
- PayPal: You pay the invoice amount via the online provider PayPal. In general, you have to register or be registered with PayPal, enter your login details to confirm your identity and then confirm the payment instruction to us. You will receive further information during the order process.
- Klarna: If you choose Klarna as your payment method, the invoice amount will become due only upon we dispatched your products. As soon as your order has been dispatched, you will receive a notification from Klarna with all essential payment information. As of this date the invoice amount must be paid within 14 days.
3.3 For each binding order you place via the Website, you will receive an invoice for the amount payable by you. The invoice will be attached to the Receipt Confirmation as stated in Clause 1.2 para. 4 if this constitutes the acceptance of your order or, otherwise, to the Dispatch Confirmation as stated in Clause 1.2 para. 4.
3.4 In the event of default in payment, we are entitled to our statutory rights.
3.5 Set-off and exercise of a right of retention by you due to contested counterclaims or counterclaims which are not final (rechtskräftig) are excluded. The exercise of any retention right by you is also excluded to the extent that the counterclaims are not based on the same contractual relationship.
3.6 All prices for products displayed on the Website do not include shipping costs as well as customs duties and other similar public charges. These will be charged over and above the specified product prices unless otherwise expressly agreed.
The shipping costs will be automatically specified in your basket and displayed in the summary of the order data as stated in Clause 1.2 para. 3. These costs will also be included in the invoice as stated in Clause 3.3.
You are not obliged to bear the shipping costs for the delivery in the event you validly exercise your right of withdrawal according to Clause 1.6. This does not apply if you select the express shipping for delivery.
In the event you validly exercise your right of withdrawal according to Clause 1.6 and return the products you have purchased via our Website as a result of the withdrawal, we will bear the direct return shipping costs.
4 Terms and conditions of dispatch and delivery
4.1 Any date of dispatch communicated by us shall be approximate and may deviate by two working days unless an exact date has been expressly agreed.
4.2 The date of dispatch shall be the date on which the products purchased by you are handed over to a transport person delivering the products.
4.3 The products can be exclusively delivered to addresses within the European Union as well as Norway, Switzerland, Liechtenstein and Monaco. Please note that products ordered on the Website are not available for collection by you and that we do not deliver to German “Packstation” automated booths for parcel collection.
4.4 The product availability can generally be seen in the product description. Products shall be delivered inside Germany within 2 - 4 working days or within 1 working day if you select express shipping unless no or a deviating delivery period is indicated with regard to the respective product on our Website. Additional delivery periods for other countries can apply.
In the event that a product you have ordered via our Website is (temporarily) unavailable when you are placing the order, we will inform you immediately about the non-availability. In case a product is permanently unavailable, we will refrain from accepting your order. An Agreement will not be concluded in this case.
In the event an Agreement is concluded and our supplier fails to make a delivery relevant for the delivery of a product ordered by you, then any applicable period for delivery according to this Clause 4.4 shall be deemed to have been extended until three working days after the respective delivery is made by our supplier but in no event by a period of more than three weeks, provided that our supplier's failure to timely supply is not based on our fault or negligence and we have made a corresponding order from the supplier without undue delay.
If a product is permanently unavailable or cannot be timely delivered as stated in Clause 4.4 para. 3, we will inform you immediately. In the event a product is unavailable and the delivery cannot be assured by the delivery from our supplier within the foreseeable future, we shall be entitled to withdraw from the Agreement. In such case, we will reimburse you all the payments you have made with respect to the order, if any. Your rights in connection with the default in delivery shall remain unaffected by this provision 4.4 para. 4.
We are entitled to deliver products you have collectively ordered in partial deliveries, provided that the products can be used separately. We will bear any additional shipping costs caused thereby.
5 Retention of title
We retain title to the products delivered to you until the payment for them has been made in full.
You are not entitled to resell any products delivered to you which are subject to the retention of title as stated in this Clause 5 unless we have granted prior written consent to such resell.
6 Liability for defects
6.1 In the event of defects in the products, the statutory provisions shall apply. The period of limitation for all claims for defects is two years and starts at the time the corresponding products have been delivered to you. Claims for defects, which we have fraudulently concealed or which are covered by a quality guarantee, shall remain unaffected by this provision 6.1.
6.2 Special provisions for defects in second-hand products: As each second-hand products is an individual piece, in individual cases the delivery of a defect-free product as the supplementary performance may be impossible. In such a case, your statutory claim for subsequent performance may be limited to the remedy of the defect (for example, by repair).
6.3 Claims for damages due to defects shall be governed by statutory law, though modified by the provisions in Clause 7.
6.4 In all cases involving defects, we would ask you to contact our customer service team by calling +49-221-956 4178100. Charges vary depending on your service provider and country. Your claims shall naturally remain unaffected.
7 Further liability
7.1 We shall always be liable irrespective of the type of breach of our obligations arising from an Agreement, including tort, if the breach of obligations is based on an intent or gross negligence.
7.2 In case of a breach of material contractual obligations by us, our statutory representatives or vicarious agents, where the fulfilment of such obligations is crucial for the due performance of the agreement in the first place and the contractual partners can generally be expected to trust in their fulfilment, we shall be liable for any breach based on negligence, but in case of slight negligence the liability shall be limited, to the typical damage that can be foreseen at the time the Agreement was concluded.
7.3 The limitations of liability and exclusions as stated in this Clause 7 do not apply
- to damages resulting from injury to life, limb or health,
- in the event of fraudulent concealment of defects,
- in the event of liability for claims based on the German Product Liability Act (Produkthaftungsgesetz),
- in the event of gross negligence on the part of our organs or executive employees or
- to the extent we have granted a guarantee as to quality or durability.
7.4 To the extent our liability is excluded or limited as stated in this Clause 7, this shall also apply to our employees, representatives and vicarious agents.
8 Right of revocation
8.1 You have a right of withdrawal subject to the following provisions.
8.2 Instructions on withdrawal
Instructions on withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
To exercise the right of withdrawal, you must inform us (RIMOWA GmbH, Richard-Byrd-Strasse 13, 50829 Cologne, Germany, tel.: +49-221-967 59100, e-mail: firstname.lastname@example.org) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such 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 such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
We will bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
8.3 Model withdrawal form
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
– To RIMOWA GmbH, Richard-Byrd-Strasse 13, 50829 Cologne, Germany, email@example.com:
– I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
– Ordered on (*)/received on (*),
– Name of consumer(s),
– Address of consumer(s),
– Signature of consumer(s) (only if this form is notified on paper),
(*) Delete as appropriate.
8.4 30-day right of return granted by RIMOWA
Without prejudice to your legal right of cancellation (see article 8.2 of these General Terms and Conditions), we grant you a 30-day right of return. This right of return allows you to withdraw from the Agreement after the expiry of the legal 14-day cancellation period by returning the relevant product to us within 30 days of having received it. The period for exercising this right of return runs from the date of receipt of the said product. Otherwise, this right of return is subject to the same conditions as the legal right of cancellation, as described in Article 8.2 above.
8.5 Return delivery of RIMOWA products: Should you make use of your statutory right of withdrawal or the voluntary 30-day right of return, the respective products must be returned in the original packaging or in a suitable packaging that provides adequate protection of the product against transport damage.
8.5 Exceptions from the right of cancellation and the right of return
Personalized luggage tags on which text and/or symbols selected by you have been embossed are excluded from the right of cancellation and the right of return.
8.6 14-day right of return for limited editions
RIMOWA accepts the returns of limited editions (special offers which are limited in time such as RIMOWA brand collaborations) within 14 days from receiving the merchandise for a full refund, under the condition that the merchandise is complete, unused and undamaged. RIMOWA only accepts return shipments from the same country to which the merchandise has been delivered.
9 Online dispute resolution
We do not participate in the procedure for alternative dispute resolution in consumer matters pursuant to the German Consumer's Alternative Dispute Resolution Act (VSBG) and for online dispute resolution for consumer disputes pursuant to the Regulation on Consumer ODR (ODR-VO).
10 Applicable law
The law of the Federal Republic of Germany shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). This choice of law shall not apply, however, if it has the result of depriving you of the protection afforded to you by provisions that cannot be derogated from by agreement by virtue of the law which, in the absence of choice, would have been applicable on the basis of statutory provisions.


Is it illegal to get married to someone you meet by using a mail buy marriage program? There are zero laws that prohibit deliver order relationship, but in specific countries, it can be illegal. For example , Israeli Jews are persuaded https://womenasian.org/viet-women/ to marry local women of the same faith, and Muslim countries restrict men to marrying simply Jews or perhaps Christians. The laws designed for mail buy marriage solutions vary depending on country. Here are several important things to keep in mind:
First, happen to be mail buy brides and spouses legal in your region? Most countries permit all their citizens to marry and also the. If the female you choose comes from the US, consequently mail order marriages are legal in the US. The laws that control these partnerships vary, playing with general, mail order birdes-to-be and husband and wife are considered legal in most countries. Despite the risks, mail purchase marriages are often perfectly legal. Listed below are a lot of states that allow -mail order marriages and their laws.
Mail purchase brides and grooms should likewise know that guys who apply online dating products are be subject to the International Marriage Broker Regulation Act, which defends them and their clients from illegal strategies. Mail buy brides are protected beneath the Violence Against Women Midst and may visit the United States over a special visa for australia. If you decide to go after mail buy marriages, be sure to go along with all laws and regulations pertaining to snail mail order brides to be. The following information will help you make a knowledgeable decision.
Mailbox order partnerships can be legal as long as you disclose all relevant information about yourself and your spouse to the mailbox order new bride. Moreover, you are guarded by the Violence Against Women Act (VAWA), which will protects all victims of domestic physical abuse, sexual invasion, and other criminal offenses against girls. The VAWA also defends mail buy brides against domestic violence and our trafficking. -mail order relationships may be illegal in your nation, but VAWA is a better alternative for those who are concerned with becoming a email order bride or soon-to-be husband.
Mail buy marriages will be legal in america, the UK, Canada, and most West countries. If you plan to marry a mail buy bride right from another country, it’s vital that you just use the greatest legit deliver order websites and adhere to all suggestions for getting a K-1 fiancee visa. After that, your new partner can easily get a green card and turn into a Citizen of the us in 3 years. You may also would like to hire a great immigration lawyer for assistance on how to make your K-1 fiancee visa for australia.
Canadian all mail order bride laws are much less strict than those of the ALL OF US. In Canada, you can get married to someone you met in the internet, however you must continue to apply for a sponsor’s visa. You need to pay fees of $1, 000 to enter the country, and another $150 for each child you marry. Mailbox order birdes-to-be cannot sign up for permanent residency in Canada before two years contain passed as you are married these people. Then, you should prove that you are fiscally stable. Should you marry an individual you accomplished through a mail order marital relationship service, they must prove that there is a stable task.
Intermarriage rates are growing. In the Philippines alone, 17% of bride and groom were committed to an individual of a numerous race or perhaps ethnicity. Meaning that approximately 670, 000 new wedding brides were not created in the United States just before marrying. Consequently , are snail mail order relationships legal? It is critical to remember that you will discover legal laws for all mail order marriages, but they are certainly not recognized by Philippine law. If you marry a foreign bride, make sure to conduct your feast day outside of the region of origin.
For anyone who is not a citizen of Canada, mail buy marriage is certainly legal in the UK. Men can bring foreign birdes-to-be to the UK if they want to, and females can make application for a visa in cases where they would like. You must, yet , follow the legal processes becoming a citizen from the country you met your foreign better half in. And most cases, deliver order birdes-to-be are not unlawful in Canada. You can still desire a sponsor and follow the Family members Sponsorship System.
In the past, -mail order birdes-to-be were illegal. Yet , nowadays, they are simply considered a legal sphere. While you should take safeguards to research a dependable mail order spouse supplier, you should steer clear of being conned. Using a mailbox order services can be a great way to find a life partner without ever going out of your home state. But make sure to groundwork the provider’s credibility contracts up. And don’t forget to contact your new bride-to-be for a long time.


In Canada, being a Professional Engineer is not solely about possessing technical skills; it is a legally protected and regulated title. The provincial and territorial regulations are critical in protecting the title and maintaining high-quality practicing standards. Canadian laws and regulations guarantee that obtaining this title symbolizes distinction. Being an engineer not only signifies technical competence but also carries severe obligations and the trust that comes with it.
Updated Requirements for P.Eng Licencing:
For international engineers to gain this prestigious title, understanding and navigating the regulatory path can be quite challenging; however, the evolving regulatory requirements over time have significantly eased up the licensing process, especially for applicants who have been educated and practicing engineering outside Canada. In a series of enhancements, Professional Engineers Ontario (PEO) — the regulatory authority in Ontario — has, as of May 2023, modernized its licensing protocol to align with the Fair Access to Regulated Professions and Compulsory Trades Act (FARPACTA). FARPACTA ensures that foreign professionals have fair, efficient, and transparent access to regulated professions and trades without facing unnecessary barriers. This article briefly summarizes changes enacted and what it would mean for internationally trained engineers to get their professional engineering license in Canada.
Using Competency-Based Assessment (CBA)
CBA is a method of Assessment that focuses on the ability of candidates to perform specific tasks and roles effectively. Unlike traditional forms of work experience submission that relied heavily on submitting open-ended work experience demonstrating focus on applying engineering theory and practice experience, PEO's CBA categorically defines the experience requirement into seven (7) core competencies and thirty-four (34) sub-competencies. Regulators design these competencies carefully to cover the depth and breadth of the spectrum of skills and knowledge engineers go through in their careers within Canada. The seven (7) core competencies include:
- Technical Competencies
- Communication Competencies
- Project and Financial Management
- Team Effectiveness
- Professional Accountability
- Social, Economic, Environmental, and Sustainability
- Personal Continuous Professional Development
No Requirements for Canadian Experience:
As of July 2023, under the new CBA framework, Ontario's regulatory body has taken a significant step to remove the Canadian engineering experience requirement as part of the mandatory licensing process. The legislative changes are a response to the observation by the industry that the absence of Canadian work experience is often identified as a major obstacle for skilled immigrants in Canada, hindering them from obtaining professional certifications and resuming careers in their trained fields. The CBA framework, enacted by PEO, ensures that geographical borders do not confine the path to licensure by shifting the focus from 'where' you gained your Experience to 'how' that Experience has shaped your competencies and 'what' you bring to the engineering landscape in Canada.
The previous legislation mandated all applicants to receive at least 12 months out of 48 months of engineering experience in a Canadian jurisdiction under the supervision of one or more Canadian professional engineers.
To safeguard the public interest in light of the lack of Canadian Experience, the PEO incorporated Canadian Environmental Competencies as part of the new CBA framework. These Environmental Competencies are not additional to the 34 competencies. Still, they are carefully embedded within them to best demonstrate knowledge and Experience of Canadian regulations, codes, standards, quality control, safety awareness, professional accountability, and communication. For instance, an engineer with a rich engineering background in managing water treatment projects in a country with a diverse climate and rigid environmental regulations can bring invaluable insights into sustainable water management in Canada's varied climate conditions. In this scenario, the CBA becomes pivotal in ensuring that such international expertise is thoroughly assessed and aligned with Canadian standards and practices, validating the engineer's adaptability, adherence to safety and quality norms, and proficiency in effective communication and accountability within the Canadian engineering landscape. Thus, this approach not only protects the public interest by ensuring compliance with Canadian engineering standards but also welcomes innovative practices and global expertise into the engineering sector in Canada. The picture below lists all thirty-four (34) competencies within seven (7) categories. The competencies with a green leaf demonstrate environmental competency.
Faster Application Processing Times:
These transformational changes have also brought about a significant improvement in application processing times. A striking feature is the introduction of a 6-month time frame within which PEO now processes applications. This is a breath of fresh air compared to the earlier scenario, where applicants were left in limbo with no defined time frame, often enduring long waits that could stretch beyond a year.
This new 6-month timeline begins once all application documents are completed and submitted. It's a straightforward, well-defined time frame that brings certainty and transparency to the process. Applicants can now plan better, knowing there's a defined end to the waiting period. It alleviates the anxiety associated with indefinite waiting times and aids in better career planning for internationally trained engineers. They can now have a clearer vision of when to expect their licensing outcomes, allowing them to make informed decisions regarding their employment and settlement plans in Ontario.
Revocation of Engineers in Training (EIT) Program:
The PEO also revoked the EIT Program to align with streamlined application processing times. The newly instituted 6-month application processing time has significantly altered the landscape, making the EIT program less relevant. Previously, the EIT program served as a placeholder for applicant engineers, offering them a structured pathway as they awaited the outcome of their licensure applications. However, with the assurance of a 6-month turnaround time, once all application documents are completed, the necessity for an interim EIT status diminished.
The old scenario posed challenges both for employers and engineers. Employers often found themselves in a quandary with EIT title holders on their teams. The lack of a definite timeframe for licensure left employers unsure of the professional growth trajectory of these individuals within their organizations. Conversely, engineers holding the EITs often found themselves in professional limbo, with no clear roadmap towards obtaining their licenses. For example, a major issue that often can be seen is the misalignment between the engineering discipline of an EIT title holder and their actual work discipline. Many held EIT titles in one field while working in another, creating hurdles in meeting licensure requirements. This scenario hindered progress toward licensure and caused workforce misalignment.
Revoking the EIT program resolved these issues. Now, applicant engineers align better with discipline-specific licensure requirements from the start. The 6-month processing time facilitates a quick transition from application to licensure, removing the prolonged interim EIT status.
Access to the Canadian Job Market:
The engineering labor market in Canada has been grappling with a shortage of skilled professionals like never before – a challenge intensified by the aging workforce experiencing retirements. Yet many highly competent international engineers faced long waits to fulfill licensure requirements. During this waiting period, financial pressures often compelled them to seek employment in fields unrelated to their engineering expertise, representing a loss of valuable skills to the Canadian engineering labor market.
The CBA implementation and swift 6-month processing time collectively are expected to benefit both employers and employee engineers significantly. For employers, this means easier and faster access to a broader talent pool, aiding in filling crucial positions promptly. Internationally trained engineers, on the other hand, gain quicker entry into the Canadian engineering job market, mitigating financial pressures from their underpaid odd jobs. It's worth mentioning that before these adjustments, all applicants were mandated to be supervised by a Canadian P.Eng for a minimum of 12 months. Given the pre-COVID engineering landscape, where remote working was not the norm, this stipulation frequently posed challenges for international engineers residing abroad, hindering their opportunities to engage with Canadian engineering entities. However, the advent of remote working post-COVID, coupled with these regulatory shifts, has created a conducive environment for international engineers outside Canada to collaborate with Canadian companies and pursue their licensure, all without the necessity of physical presence in Canada.
Potential Immigration Benefits
The updated licensing protocol by PEO also opens up enhanced immigration prospects for internationally trained engineers. By allowing remote work experience and removing the Canadian work experience necessity, engineers outside Canada can now gain their engineering license, increasing their chances of receiving formal employment offers from Canadian employers. A formal employment offer is pivotal in the immigration process. As per Immigration, Refugees, and Citizenship Canada (IRCC), a valid job offer, especially in a skilled trade occupation, can garner additional Comprehensive Ranking System (CRS) points, improving the likelihood of being invited to apply for permanent residence.
In short, the actions by Professional Engineers Ontario (PEO) mark a pivotal step towards embracing global engineering talent. By simplifying the licensing process and introducing a rapid 6-month processing time, PEO has removed substantial hurdles for internationally trained engineers. These changes fill the skill gap in the Canadian labor market and propel Canada onto a global stage, showcasing it as a welcoming and inclusive hub for engineering expertise. The ripple effects of these reforms extend beyond the engineering realm, enhancing Canada's global competitiveness and setting a remarkable precedent for other regulated professions. Through these transformative measures, Canada is unlocking opportunities for international engineers and fortifying its engineering landscape for a vibrant and innovative future.


I am a fan of Nixon and Dovey and love your character development. Just curious, did you find anything on ancestry.com that helped you write the novel?
When I was researching Nixon and Dovey there was no internet so the vast majority of information came from traveling to North Carolina and the best genealogical sites such as the LDS holdings in Salt Lake. After the Ancestry.com came along I used it mostly to confirm what I pretty much already knew and then to post information about Nixon’s family for others to have. Ancestry.com is a wonderful tool as are the internet search engines.
Was Baldy Henderson a real person? If not, is he based on an historical character?
Indeed, the Judge ‘Baldy’ Henderson character was based upon a real person. Not only was he a real person but he was a great lawyer of some fame himself. Archibald ‘Baldy’ Henderson died shortly after defending Nixon Curry in the murder case where Nixon was charged with killing Ben Wilson and it was ‘Baldy’ who argued successfully, as in the book, against a negro testifying against a white man. Although Nixon Curry was considered his most famous case he had many other successful, well known trials. His reputation was impeccable. Like Nixon, there are several articles about Judge Henderson which were written in the early to mid-1800s. In one article his client, having just been acquitted of stealing was asked if he actually did it. He responded something along the lines of “Well, sir. Before my lawyer Mr. Henderson, esquire spoke I surely did think that I was guilty of the charge, but after hearing Mr. Henderson’s summary, I can now can say I am having serious doubts.”
Upon his death, ‘Baldy’ Henderson was widely acclaimed as one of the finest lawyers ever produced in early America. Supreme Court Chief Justice John Marshall who ruled the US Supreme Court for almost 35 years called Henderson the best attorney ever produced by North Carolina. Henderson argued several cases before Chief Justice Marshall and was said to never have lost a case to that esteemed court. Also Judge Henderson is the only lawyer for which the state organization of lawyers (I don’t remember their title) actually placed a tall monument on his grave with words of praise never since used to describe one of their own members in such an open forum.
Yes, Mr. Hughes, Judge ‘Baldy’ Henderson was a famous and highly regarded lawyer in the Mecklenburg County area. I only hope Nixon and Dovey does him justice.
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