TERMS OF SERVICE
TERMS OF SERVICE
This website is operated by Lifty Electrics. Throughout the site, the terms “we”, “us” and “our” refer to Lifty Electrics. Lifty Electrics offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with an online e-commerce platform that allows us to sell our products and services to you.
1. THESE TERMS
1.1 These are the terms and conditions on which we supply products to you.
1.2 Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you or we may change the terms or end the contract, what to do if there is a problem and other important information. If you think there is a mistake in these terms, please contact us.
1.3 These terms relate to consumer clients only. If you are purchasing goods as a business, then please refer to our business terms and conditions.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 LIFTY ELECTRICS is a trading name of REVLS SHARE MOBILITY Ltd a company registered in IRELAND whose company registration number is 699916. The VAT registration number is IE 3802106QH.
2.2 You can contact us by visiting or writing to our offices at 23/24 Temple Bar, Temple Lane South, Dublin 2, Dublin, Ireland or telephoning our customer service team at +353 1 443 4946
2.3 We may contact you by telephone or by writing to you (which includes email) at the email address or postal address that you have provided to us in your order.
3. OUR CONTRACT WITH YOU
3.1 Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept our order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product, or we are unable to meet a delivery deadline you have specified.
3.3 We will assign you an order number and tell you what it is when we accept your order. It will help if you tell us your order number whenever you contact us to discuss the order.
4. OUR PRODUCTS
4.1 Products may vary slightly from their pictures. The images provided on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately we cannot guarantee that a devices display of the colours accurately reflects the colours of the products. Your product may vary slightly from those images.
4.2 Product packaging may vary. The packaging of the products may vary from that shown in the images on our website.
4.3 Any goods sold:
a) at discount prices;
b) as remnants; or
c) as substandard;
will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.
5. YOUR RIGHTS TO MAKE CHANGES
5.1 If you wish to make a change to the product that you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else that would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
6. OUR RIGHTS TO MAKE CHANGES
6.1 Minor changes to the product. We may change the product:
a) to reflect changes in relevant laws and regulatory requirements; and
b) to implement minor technical adjustments and improvements. These changes will not affect your use of the product.
6.2 More significant changes to the products and these terms. In addition, as we informed you in the description of the product on our website, we may make the following changes to the products or these terms, but will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not yet received.
7. PROVIDING THE PRODUCTS
7.1 The products will be provided to you as displayed on our website, under the Shipping Policy.
7.2 If our supply of the product is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products that you may have paid for but not yet received.
7.3 If you have asked to collect the product from our premises, you can collect by pre-arranged appointment only.
7.4 If no one is available at the designated address to take delivery of the product, we will leave you a note informing you of how to rearrange delivery of collect the product from our premises.
7.5 If you do not collect the product from us, or if, after a failed delivery to you, you do not rearrange delivery or collect it from our premises we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or rearrange delivery or collect, we may end the contract with you and clause 10.2 will apply.
7.6 The product will become your responsibility from the time we deliver the product to the address you gave us or you (or a carrier organised by you) collects it from us.
7.7 You own the product once we have received payment in full, subject to any credit hire provisions that may apply.
7.8 We may need required information from you so that we can supply the product to you, for example, (height, age….). If so, this will have to be stated in the description of the products on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the product late or not supplying any part of it if this is caused by you not giving us the information needed within a reasonable time of us asking for it.
7.9 Reasons we may suspend the supply of the product to you. We may have to suspend the supply of a product to:
a) deal with any technical problems or make minor technical changes;
b) update the product to reflect changes in relevant laws and regulatory requirements;
c) to make changes to the product as requested by you or notified by us to you.
7.10 We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you that we are going to suspend it, for a period of longer than 14 days and will refund any sums you have paid in advance for the product, after the contract has ended.
8. YOUR RIGHTS TO END THE CONTRACT
8.1 Your rights when you end a contract will depend on what product you have purchased, whether there is anything wrong with it, how we have performed and when you decide to end the contract:
a) if what you have purchased is faulty or misdescribed you may have a legal right to end the contract (or get the product repaired or replaced or to get some or all of your money back);
b) if you want to end the contract because of something that we have done or have told you we are going to do;
c) if you have just changed your mind about the product. You may be able to get a refund if you are within the cooling off period, but this may be subject to deductions and you will have to pay the costs of return of any products. Please refer to our refund policy https://www.lifty.co/pages/refund-policy
d) In all other cases (if we are not at fault and there is no right to change your mind) see clause 8.3.
8.2 If you are ending a contract for a reason set out in clauses (a) to (e) below the contract will end immediately and we will refund you in full for any products that have not been provided. The reasons are:
a) we have told you about an upcoming change to the product or these terms which you do not agree to;
b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
c) there is a risk that the product delivery may be significantly delayed due to events outside of our control;
d) we have suspended the supply of the products for technical reasons, or have notified you that we are going to suspend them for technical reasons for a period of more than 14 days;
e) you have a legal right to end the contract because of something that we have done wrong.
8.3 Exercising your right to change your mind. For most products purchased online you have a legal right to change your mind within 14 days after receiving the goods and to receive a refund, unless we have advised you otherwise. They must be returned in the same condition as they were at the point of delivery. https://www.lifty.co/pages/refund-policy
8.4 If you choose to cancel your order prior to it being shipped as you have changed your mind, you will need to email firstname.lastname@example.org from the email you placed the order with. A cancelled order will be subject to a 3% fee.
9. HOW TO END THE CONTRACT WITH US
9.1 If you want to end the contract with us, you can do so by either telephone, email or by post.
9.2 If you end the contract with us after the products have been dispatched or received by you, you must return them to us to our premises, or alternatively allow us to collect them from you. If you are exercising your right to change your mind, you must return the product within 14 days of telling us that you wish to end the contract.
9.3 We will pay the costs of return if the products are faulty or misdescribed, or if you are ending the contract because we have told you about an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control, or because you have a legal right to do so as a result of something we have done wrong. In all other circumstances, you must pay the costs of return.
9.4 If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct costs of collection.
9.5 If you are exercising your right to change your mind we may reduce your refund of the price to reflect any reduction in the value of the products, if this has been caused by your handling them in a way that would not be permitted by our shop. If we refund you the price paid before we are able to inspect the product and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
9.6 The maximum refund of delivery costs will be the costs of delivery by the least expensive delivery method that we offer.
9.7 We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
a) if we have not offered to collect them, your refund will be made within 14 days from a) the day in which we receive the product back from you, or, b) if earlier, the day in which you provide evidence that you have returned the product back to us.
b) In all other cases, your refund will be made within 14 days of you telling us you have changed your mind.
9.8 Where you are exercising your right to change your mind, and you have arranged for the return of the product, you will bear the risk of loss and damage of and to the product up to the point of delivery of the product to us. We reserve our right to inspect the product upon delivery pursuant to clause 9.5.
10. OUR RIGHTS TO END THE CONTRACT
10.1 We may end the contract with you at any time if you:
a) do not make payment to us at any time when it is due and you still do not make payment within 7 days of us reminding you that it is due;
b) you do not, within a reasonable amount of time of us asking, provide us with the information that is necessary to provide you with the products;
c) you do not, within a reasonable amount of time, allow us to deliver the product to you or to collect the product from us.
d) if we suspect fraud or criminal behaviour.
10.2 If we end the contract for reasons set out in clause 10.1, we will refund any money that you have paid in advance, however, you must compensate us for the net costs that we will incur as a result of you breaking the contract.
11. IF THERE IS A PROBLEM WITH THE CONTRACT
11.1 If you have any problems with the contract, please contact us.
11.2 We are under a legal obligation to supply products that are in conformity with this contract, also known as your statutory rights, for example:
a) are of satisfactory quality;
b) are fit for purpose; and
c) match the description, sample or model;
11.3 During the expected lifespan of your products, your legal rights entitle you to the following:
a) Up to 30 days: if your product is faulty, you can get an immediate refund;
11.4 If you wish to exercise your right to reject products, you must return them to us at our premises, or allow us to collect them.
12. PRICE AND PAYMENT
12.1 The price of the product will be the price indicated on the order form when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However, please see clause 12.3 for what happens if we discover an error in the price of the product you order.
12.2 If the price of VAT changes between your order date and the date we supply the product, we will advise the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
12.3 It is always possible that, despite our reasonable efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the products correct price at your order date is more than our stated price, we will contact you before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund any sums you have paid, and require the return of the product provided to you.
12.3 We accept most major payment cards.
12.5 Your credit card or debit card will be charged upon acceptance of the Order.
12.6 All payments by credit card or debit card need to be authorised by the relevant card issuer. We may also need to use extra security steps via:
a) Verified by Visa;
b) Mastercard®SecureCodeTM; or
c) American Express SafeKey.
12.7 If your payment is not received by us and you have already received the products, you:
a) must pay for such products within 7 days; or
b) must return them to us as soon as possible. If so, you must keep the products in your possession, take reasonable care of them (including ensuring that you follow any instructions or manuals given with the products) and not use them before you return them to us.
12.8 If you do not return any products (such as where you have not paid for them) we may collect the products from you at your expense. We will try to contact you to let you know if we intend to do this.
12.9 Nothing in this clause affects your legal rights to cancel the contract during the ‘cooling off’ period as per clause 8.3.
13. Humm Payments
14. LIMITATION OF LIABILITY
14.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
a) were not foreseeable to you or us when the contract was formed;
b) that were not caused by any breach on our part;
c) business losses; and
d) losses to non-consumers.
14.2 It is currently illegal to ride or drive electric scooters, within the United Kingdom, on public roads, Cycle lanes or footpaths. It is your complete responsibility to ensure that any products purchased are used in accordance with all local and country laws and our liability is excluded, to the fullest extent as permitted by the law, for any breach of these laws.
14.3 You accept and assume all risk and liability associated to the use of any products purchased from us and waiver all your legal rights, now or in the future, to claim against us, from any liability caused in association, directly or indirectly with your use of the product.
15. HOW WE USE YOUR PERSONAL INFORMATION
16.1 We may transfer our rights and obligations under this agreement to any other third party or organisation. You may only transfer your rights under this agreement if you have obtained our prior consent. This clause does not relate to a transfer of any guarantees that we may provide for the product.
16.2 No one other than a party to this contract has any right to enforce any term of this contract.
16.3 Each of the paragraphs of these terms operate separately. If any court or relevant authority decides that any of them are unlawful the remaining paragraphs will remain in full force and effect.
16.4 The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.