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Terms & Conditions
Minihaha - Terms and Conditions of Sale
1. Privacy 1.1 The information you provide us when ordering from us will be used in the ways set out in our
PRIVACY POLICY
, which you can read by clicking
HERE
2. Order process 2.1 All orders that you place on this website will be subject to acceptance in accordance with these terms and conditions. 2.2 The 'confirmation' stage details your order. After you have completed your order, we will send you an email acknowledgement or your order. This email is not an order confirmation or order acceptance from Minihaha. 2.3 We will be deemed to have accepted your order when we send you the products ordered unless before then we tell you that we do not accept your order or you cancel it.
2.4 You can track your order at any time by contacting us via email at sales@minihaha.co.uk, by telephoning us on 08713 109041 or by writing to us at Minihaha Limited. Big Blue Skies. South Fens Business Centre. Chatteris. Cambs. PE166TT
3. Delivery 3.1 We deliver to the UK and overseas, but not to PO Box addresses. 3.2 For UK delivery, parcels up to 2 kilos in weight and with a value not exceeding £25.00 are sent via first class post. Parcels over 2 kilos in weight or with a value more than £25.00 are sent via overnight delivery carrier. All goods must be signed for by an adult aged 18 years or over on delivery.
3.3 For UK orders, we aim to deliver within 5 working days, although if an item is out of stock delivery can take up to 28 days. These and any other delivery timescales are estimates only. We make every effort to deliver goods within the estimated timescale, but delays sometimes cannot be avoided. Minihaha shall be under no liability for any delay or failure to deliver the products within estimated timescales.
3.4 For all orders, you must ensure that you provide correct delivery details. If you provide incorrect details and your order cannot be delivered because of this, you agree to pay the cost of the item being returned to us and the cost of re-delivery to you and you authorise us to debit your payment card with this sum.You must provide us with a contact telephone number, so that we and/or the delivery carrier can contact you. This is particularly important if the delivery carrier has difficulty locating your delivery address and will help to avoid delays.
3.5 For UK deliveries via delivery carrier, if no-one is available to take delivery of your order a further delivery attempt will be made the next working day. If this is unsuccessful, your order will be held at the courier's local depot for a maximum of two further days, after which it will be returned to us. During these two days, you can contact the delivery company's local depot (we will provide you the details on request) to arrange delivery. If you order is returned to us, you agree to pay the cost of the item being returned to us and the cost of re-delivery to you.
3.6 You agree to notify us within 24 hours of any damage that has occurred in transit. When you receive your goods, you will be asked to sign for them. Unless you check your goods while the delivery company is present and are happy that the goods are undamaged, you must write "unchecked" or "damaged" (as the case may be) alongside your signature. If you do not do this, we will be entitled to assume that the goods arrived safely without being damaged in transit. 3.7 Risk of loss and damage of products passes to you on the date when the products are delivered or on the date of first attempted delivery by us.
4. Payment 4.1 We will process your card payment when you place your order. Goods are subject to availability. If we cannot supply the goods you have ordered, we will inform you of this as soon as possible and will give you a full refund where you have already paid for the goods. 4.2 The price you pay is the price displayed on this website at the time of your order, except where we have made an error in the pricing. If we discover an error, we will tell you about it as soon as possible. You will be able to either reconfirm your order at the correct price or cancel it. If you cancel and you have already paid for the goods, you will receive a full refund. 4.3 Title to any products you order from Minihaha shall pass to you on delivery, but only if we have received payment in full. 4.4 All prices are shown in £s sterling and include VAT (where applicable) at the applicable current rates and delivery.
5. Cancellations & Change of Mind Returns 5.1 For most products, we offer a 14 day return policy where you change your mind about the product you have ordered from us. Provided that goods are returned in their original, unused condition, complete with all original packaging, instructions and accessories, we will refund the price paid for each item with a small charge deducted for delivery.
5.2 Some items, such as crash helmets cannot be exchanged or refunded for safety reasons, unless they're faulty.
6. Returns and refunds for faulty goods; Your right to cancel under the Distance Selling Regulations 6.1 Faulty items/Warranty
For Minibikes, Quads , Pitbikes and Petrol Skateboards (as defined in Section 9): If an item that you purchase from us is faulty, we will replace it or give you a refund if you return it to us with your proof of purchase within 7 days of receiving it. After that, if you have had the item for up to 14 days we will repair or replace it (at our option). Unless they are faulty upon delivery, the "wear and tear" items detailed in Section 9 are excluded from this guarantee (see below Section 9 ). This does not affect your statutory rights.
For all other products: If an item that you purchase from us is faulty, we will replace it or give you a refund if you return it to us with your proof of purchase within 30 days of receiving it. After that, if you have had the item for up to 12 months we will repair or replace it (at out option). This does not affect your statutory rights.
6.2 Distance Selling Regulations Under the Distance Selling Regulations, you have the right to cancel your order for any item purchased on this website for a full refund. This does not apply to items such crash helmets that, by reason of their nature, cannot be returned for safety reasons. To cancel, you can email us or write to us (see
contact us
for details) within seven working days of your order being delivered. You must take reasonable care of the item(s) and must not use them. The customer is accountable for for returning the item at their own cost.
7. Liability and Indemnity 7.1 These terms and conditions do not exclude or limit liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which cannot be limited or excluded by law. 7.3 Subject to Section 7.1 above, except where expressly provided in these terms and conditions for specific products and except for the exclusive remedies set out in Section 5, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law. 7.4 Subject to Section 7.1 above, Minihaha shall not be liable for any indirect or consequential loss or damage or for any economic loss (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings), loss of goodwill or reputation. 7.5 Subject to Section 7.1 Minihaha' s total liability shall not exceed the amount paid or payable by you for the product(s) giving rise to such liability. 7.6 This Section 7 does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights under the Distance Selling Regulations. 7.7 We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we shall not be liable for any losses arising from the unauthorised use of information provided by you.
8. Miscellaneous Provisions 8.1 All sizes and measurements are approximate but we do try to make sure that they are as accurate as possible.
8.2 The contract between us shall be governed by the laws of England and any dispute between us will be resolved exclusively in the courts of England. 8.3 We have selected our products on the basis that they will be used for off-road use only. 8.4 Minihaha shall not be liable for any delay or failure to deliver your order or to perform any obligation where this is caused wholly or partly and whether directly or indirectly by circumstances beyond its reasonable control. 8.5 You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party unless agreed upon in writing by Minihaha. 8.6 Minihaha reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party. 8.7 If any provision of these terms and conditions are held to be invalid, illegal or unenforceable, then Minihaha shall be relieved of all rights and obligations arising under such provision but only to the extend that such provision is invalid, illegal or unenforceable. All other provisions of these terms and conditions shall be regarded as fully valid and enforceable unless the contrary is proved. 8.8 These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the U.K. Contracts (Rights of Third Parties) Act 1999). 8.9 The delay or failure by Minihaha to enforce any of the rights under these terms and conditions shall not be construed as a waiver of its rights preventing subsequent enforcement of such provision or recovery of damages for breach.
8.10 These terms and conditions supersede all prior representations understandings and agreements between you and Minihaha and set out the entire agreement and understanding between you and Minihaha.
9. Special Terms for Minimotos, Quad Bikes and Other Off Road Vehicles ("Minibikes")
9.1 You acknowledge and agree that your purchase of any Minibike from us is subject to the following:
(a) Minibikes require an element of self-assembly, similar to that required for flat-packed bicycles. If you are not competent to do this, you must refer to qualified service personnel and not use your Minibike until you have done so. (b) Minibikes are sold for use only by adults over 18 years of age and minors aged 14 years or over who are supervised by a responsible adult. You must not let anyone under 14 years of age use your Minibike or allow anyone aged over14 years but under 18 years to use it unless under the supervision of a responsible adult. (c) You must wear appropriate protective clothing and equipment when using your Minibike and must ensure that anyone who you allow to ride it does so as well. Such protective clothing must include full body protection, gloves and a crash helmet meeting the minimum specifications recommended / required for riding a motorbike on the public highway. (d) You must not use your Minibike in adverse weather and/or surface conditions - doing so may result in loss of control of your Minibike and an accident causing injury; (e) Minibikes cannot be driven lawfully on the public highway or other public spaces. The only places where Minibikes can be lawfully driven are private land with the prior consent of the landowner and circuits permitting the use of Minibikes. You must comply with all laws and regulations when using your Minibike. (f) Minibikes require ongoing and regular servicing, maintenance and adjustment in accordance with the user instructions. If you are not competent to do this, you must refer to qualified service personnel and cease using your Minibike until you have done so. (g) Unless they are faulty upon delivery, the following "wear and tear" items are excluded from your Minibike's Minihaha Guarantee (see Section 6 above):
" Sprockets; " Chains / belts; " Fairings and bodywork; " Pull starter inner cogs; " Pull start assembly " Clutch assembly " Brake callipers and pads; " Adjustments such as mixture " Exhaust pipes; " Batteries; " Tyres, valves and inner tubes; " Radiators and engine hoses; " Any part that has been damaged as a result of misuse, accident or lack of maintenance.
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