Terms of Purchase

1. Parties

1.1 Vmoto UK Distribution Limited (“we”, ”us” or “our”) operates vmoto.co.uk (the “Site”). We are registered in England and Wales under company number 09524709 and have our registered office at Units 3-4 Newark Business Park, Abbott’s Way, Newark BG24 2EL. Our VAT number is 211 674 922.

1.2 You are the customer (“You” or “Your”) who places an order on the Site.

2. Your Order

2.1 Your purchase details are specified in Your order confirmed on the Site (“Your Order”) and will include the make, model, price, delivery or collection time and delivery or collection location for the motorcycle or moped You are purchasing (the “Vehicle”).

2.2 Your Order will specify Your details as the recipient of the Vehicle.

2.3 Neither You nor anyone in Your household may place more than one order in any 14-day period.

2.4 A contract is formed between You and us comprising Your Order and these terms and conditions (“Terms”) when You complete an order on the Site and we accept Your Order (collectively, the “Contract”).

2.5 If we accept Your Order, we will send You an email confirmation of Your Order.

2.6 In the event of any conflict, inconsistency or ambiguity between Your Order and these Terms, Your Order will take precedence.

2.7 While we try to make sure that all prices on our Site are accurate, errors sometimes happen. If we discover an error in the price of goods or services You have ordered, we will tell You as soon as possible and give You the option of reconfirming Your Order at the correct price or cancelling it. If we can’t contact You, we will treat Your Order as cancelled. If You cancel and You have already paid, You will receive a full refund.

3. Your Vehicle

3.1 If you select delivery, Super Soco will deliver the Vehicle as specified in Your Order to the address and on the date given in Your Order. If you select collection, Your Vehicle will be available at the Super Soco dealer on the date given in Your Order.

3.2 Prior to delivery or collection, the Vehicle will have undergone a mechanical and specification inspection as part of our preparation of the Vehicle for sale.

3.3 Super Soco, as sole and exclusive importer of Super Soco branded mopeds and motorcycles, provides the manufacturer’s guarantee and You are entitled to receive the benefit of this. Please refer to the warranty at time of purchase. Please note that the warranty version can change over time; the warranty applicable to Your Vehicle is the version on the Site at the time of Your Order. You should ensure following Delivery that all manufacturer mandated servicing is attended to; failing to do so will invalidate the warranty in respect of the Vehicle.

3.4 The mileage on the Vehicle may be more than zero as a result of, for example, testing of the Vehicle or delivery to You or to a Super Soco dealer. The mileage will not be more than 100 miles.

3.5 The images of the Vehicle on our Site are for illustrative purposes only. Although we make every effort to display the Vehicle accurately, we do not guarantee that the images of the Vehicle on the Site exactly reflect the actual appearance of the Vehicle. In addition, although we make every effort to describe the colour of the Vehicle accurately, You may consider that the colour description of the Vehicle differs from the actual appearance of the Vehicle. We do not guarantee that the colour of the Vehicle exactly reflects the description. If You believe that the Vehicle You purchased differs from the way it is depicted on our Site, You have the right to refuse to Collect or to accept Delivery of the Vehicle or return the Vehicle and seek a refund in accordance with these Terms.

3.6 We check Your Vehicle for manufacturer recall notices prior to Delivery and resolve any recall issues. We do not give or make any representation, warranty or undertaking that Your Vehicle will not be subject to a manufacturer’s recall notice at the point of sale or at any time in the future.

3.7 If Your Vehicle is subject to a manufacturer’s recall notice at the point of sale and we cannot resolve the recall issue prior to Delivery or Collection, Super Soco may cancel Your Order at any point before the Vehicle is delivered or collected. If we do this, we will refund all payments received for the Vehicle (including any amount You paid for Delivery).

3.8 If we identify a quality issue with Your Vehicle prior to Delivery or Collection and we are unable to fix this issue or it is not practical for us to do so (for example, if fixing the issue would be too expensive), Super Soco may cancel Your Order at any point before the Vehicle is delivered or collected. If we do this, we will refund all payments received for the Vehicle (including any amount You paid for Delivery).

4. Payment and Charges

4.1 You can only pay by those credit or debit cards listed on the Site on the date on which Your Order is placed. You may also arrange third-party finance in order to pay for Your Vehicle – see section 5 below. We use third-party providers to process payments for orders made on our Site. The processing of Your payment will be under a contract directly between You and the third-party.

4.2 For card payments, Your payment is governed by Stripe’s terms and conditions (or their equivalent or replacement from time to time). It is Your responsibility to read the relevant terms and ensure that You understand and agree to be bound by them. By paying by card, You authorise us to send instructions to Your card issuer to take payments from the linked account for the payment of Your vehicle and any subsequent related transactions. We will inform You of any amounts before sending instructions to the card issuer.

4.3 We do not accept any of the following methods of payment when You place Your Order on the Site: cash, personal cheques, business cards, banker’s drafts or building society cheques. Bank transfers are only available for certain types of transactions.

4.4 You will receive an email confirmation of Your payment for the Vehicle.

4.5 Where applicable and noted on Your Order, the purchase price includes all delivery fees but does not include the Vehicle’s tax or Vehicle’s registration fees, to the extent applicable, or any charges made by third party finance providers. The cost of the Vehicle’s first registration fees (if applicable) will be charged in addition to the purchase price at the applicable rates.

4.6 You will be required to register and pay for any applicable vehicle tax at the point that You accept Delivery of or Collect the Vehicle. Electric vehicles do not currently attract vehicle tax but this may change. Even though there may be no vehicle tax, You will still be required to register.

4.7 The purchase price includes VAT (where applicable) at the current rate chargeable in the United Kingdom on the date of purchase and reflects the deduction of any Plug In Motorcycle Grant that applies.

4.8 From time to time we may offer products at sale or promotional prices. Any such offers will apply to selected products and will be subject to availability. Delivery charges, conditions and geographical exclusions may apply. Please refer to individual product pages for pricing. We may also offer delivery and services at a reduced rate as part of a promotion. This would be subject to availability and can be withdrawn at Super Soco’s discretion.

5. Finance Agreement

5.1 You may be eligible to pay for Your Vehicle on finance through our third-party finance providers (e.g. Klarna). If You choose to apply for finance for Your Vehicle You can do so on the Site.

5.2 Super Soco acts as a limited scope credit broker but not as a lender.

5.3 Super Soco is authorised and regulated by the Financial Conduct Authority (the FCA) and with registration number is 750715.

6. Delivery

This section 6 applies only if you choose to have Your Vehicle delivered.

6.1 We offer home delivery to any UK postcode but may choose not to deliver to certain postcodes including in the Scottish Highlands, Scottish Islands, other remote parts of Scotland, the Isles of Scilly, Channel Islands, Guernsey, Jersey, the Isle of Man, Isle of Wight and Northern Ireland. If we do deliver to such locations, we may charge an additional delivery premium, and if this is necessary we will contact You.

6.2 Delivery of Your Vehicle will take place on the date and time shown in Your Order (“Delivery”) unless we tell You otherwise.

6.3 Only You are eligible to receive the Vehicle on Delivery.

6.4 We may charge you a fee for Delivery of Your Vehicle (the “Delivery Charge”). If so, the Delivery Charge will be outlined in Your Order.

6.5 Your Vehicle will only be delivered to the location specified in Your Order.

6.6 We need access to Your address to make Your Delivery. If we can’t gain access, we may offer an alternative method of Delivery (for example, by driving the Vehicle to Your address), but we aren’t required to do so.

6.7 On Delivery of the Vehicle, You must show Your photographic UK driving licence to the Super Soco Handover Specialist to verify Your identity and address. We may also accept a utility bill in Your name to verify Your address. We refuse to deliver, or permit the collection of, the Vehicle or any other product(s) if you don’t provide this identification when we ask.

6.8 If You need to rearrange a Delivery, You must contact Super Soco Customer Support through our website contact page and select “Purchase Enquiries”. If You do this at least 48 hours before the scheduled delivery time, we will rearrange the Delivery at no extra cost to You. If you do this less than 48 hours before the scheduled delivery time, we will charge You £150 to rearrange the Delivery.

6.9 On Delivery, You must confirm receipt to the Super Soco Handover Specialist. You must sign our receipt to confirm that You have received the Vehicle, and that it meets the specification in Your Order.

6.10 Ownership of the Vehicle will pass to You once: (i) we have received full payment of the purchase price (and any other amounts due) in cleared funds; and (ii) You have accepted Delivery by signing our pro-forma invoice (in accordance with section 6.9 above).

6.11 We will own the Vehicle until each of the conditions set out in section 6.10 has been satisfied. You should contact the DVLA if You do not receive Your V5 log book within 7 days after Delivery.

7. Collection

This section 7 applies only if you choose to Collect Your Vehicle.

7.1 We offer Collection of the Vehicle at a Super Soco dealer of your choice.

7.2 Collection of Your Vehicle will take place on the date and time shown in Your Order (“Collection”), unless we tell You otherwise.

7.3 Only You are eligible to Collect the Vehicle.

7.4 When You Collect the Vehicle, You must show Your photographic UK driving licence to the Vmoto dealer to verify Your identity and a utility bill to verify Your address. You may also show Your passport to verify Your identity. The dealer may refuse to allow You to Collect the Vehicle or any other product(s) if You don’t provide this identification when asked.

7.5 If You cannot make your scheduled Collection time, You must contact Super Soco Customer Service through our website contact page and select “Purchase Enquiries”. If You do this at least 48 hours before the scheduled Collection time, we will rearrange Collection at no extra cost to You. If You do this less than 48 hours before the scheduled Collection time, we may charge You £150 to rearrange Your Collection.

7.6 On Collection, You must confirm receipt to the Super Soco dealer. You must sign our receipt to confirm that You have received the Vehicle, and that it meets the specification in Your Order.

7.7 Ownership of the Vehicle will pass to You once: (i) we have received full payment of the purchase price (and any other amounts due) in cleared funds; and (ii) You have accepted Your Vehicle by signing our pro-forma invoice (in accordance with section 7.6 above).

7.8 We will own the Vehicle until each of the conditions set out in section 7.7 has been satisfied. You should contact the DVLA if You do not receive Your V5 log book within 7 days after Collection.

8. Your Cancellation Rights

8.1 You can cancel Your Order with us at any point before the Vehicle is delivered or collected by contacting Super Soco Customer Support through our website contact page and selecting “Purchase Enquiries”.

8.2 You have the cancellation rights set out in this section. Where You have entered into a third-party finance agreement through the Site, Your rights may be slightly different, depending on which finance provider You have used, and you should contact your finance provider.

8.3 After Delivery or Collection of the Vehicle, under the Consumer Contract (Information, Cancellation and Additional Charges) Regulations 2013 You have the right to cancel Your Contract within 14 days after Delivery or Collection without giving any reason.

8.4 If You cancel Your Contract within the 14-day cancellation period, we will refund all payments received for the Vehicle (including any amount You paid for Delivery). However, we are permitted by law to reduce Your refund to reflect any reduction in the value of the Vehicle, for example, costs associated with mileage You have incurred on the Vehicle and the costs to repair any damage that may have occurred during the period in which You were responsible for the Vehicle.

8.5 You have a legal obligation to handle and take reasonable care of the Vehicle while it is in Your possession. If You fail to comply with this obligation, we may have a right of action against You for compensation. If the value of the Vehicle is diminished as a result of Your use, we may recover such diminished value from You either directly or by reducing the value of any refund due by that amount.

8.6 To cancel Your Contract under this section 8, You must inform us of Your decision to cancel by 5pm on the 14th day after Delivery or Collection of Your Vehicle was accepted by You. This must be done contacting Super Soco Customer Support through our website or by using the model cancellation form in section 21 below.

8.7 You will need to provide us with Your name, postal address, and where available, Your telephone number and email address.

8.8 Your cancellation will be effective from the point at which we pick up the Vehicle.

8.9 We will aim to contact You within two days of receiving Your cancellation request, including to arrange pickup of Your Vehicle. If You have not heard from us within this time, please contact Super Soco Customer Support through our website contact page and select “Purchase Enquiries”. You will be charged £150 for the pickup of Your Vehicle.

8.10 If You will not be present at the address for pickup, You must contact Super Soco Customer Support through our website contact page and select “Purchase Enquiries” at least 48 hours prior to pickup to rearrange Your time at no additional cost.

8.11 If You need to rearrange pickup less than 48 hours prior to any scheduled pickup time, You will incur a further charge of £150.

8.12 Upon cancellation, the Vehicle must:

(a) be free of all financial charges other than the one created by this Contract;

(b) be in the same condition You received it except for reasonable wear and tear or any mechanical problem that becomes evident after Delivery or Collection that was not caused by You;

(c) be without damage or having been in an accident (otherwise we will be entitled to recover from You any loss in value of the Vehicle as set out in sections 8.4 and 8.5 above); and

(d) not have incurred more than 50 miles since Delivery or Collection otherwise we will charge You an excess mileage charge of £1.00 per mile for each mile above the 50 mile limit.

8.13 If You exercise Your legal right to cancel, You must promptly return the Vehicle’s V5 log book to us. We will issue the refund as soon as possible once we receive the Vehicle, but we may withhold £200 from Your refund until we receive the Vehicle’s V5 log book.

8.14 We will issue Your refund, in accordance with this section 8, using the payment method which You used to pay for the Vehicle. In the event that Your payment is refunded but we subsequently discover a defect sustained during Your period of ownership we reserve the right to debit a compensatory amount from Your credit or debit card.

8.15 Please note that this section 8 is not intended to be a full description of all Your legal rights. Full details of Your rights can be obtained, in the UK, from Your local Citizens’ Advice Bureau or Your Local Authority’s Trading Standards Office.

9. Vehicle Returns

9.1 If You exercise Your right of cancellation under section 8, You may then purchase a different Vehicle on the Site.

9.2 If You return a vehicle more than once in any 12 month period, we reserve the right not to accept any future order from You.

10. Our Liability

10.1 Nothing in these Terms will restrict our liability for death or personal injury resulting from our negligence, fraud or fraudulent misrepresentation or any other liability that cannot be restricted by law, nor will anything in these Terms restrict Your statutory rights. For further information about Your statutory rights, contact Your local authority Trading Standards Department or Citizens Advice Bureau.

10.2 We exclude all implied representations, warranties, conditions and terms (whether implied by statute, common law or otherwise) to the fullest extent permitted by law.

10.3 We will not have any liability to You however arising (whether in contract, tort (including but not limited to negligence), for misrepresentation or for breach of any duty (including strict liability) or otherwise) for: (a) any loss of profits or revenue; (b) loss of business; (c) loss of goodwill; (d) loss of or damage to data; or (e) any special, indirect or consequential loss.

10.4 Other than as set out in section 10.1 above, our maximum aggregate liability to You under or in connection with Your Order, these Terms and the Contract however arising (whether in contract, tort (including but not limited to negligence), misrepresentation or for breach of any duty (including strict liability) or otherwise) will be limited to an amount equal to the retail price of the Vehicle and any additional products purchased as part of Your Order.

10.5 You will reimburse us for all costs, expenses, liabilities and losses that we incur as a result of: (i) Your use of the Site for any fraudulent or unlawful purposes; and (ii) any third-party claims arising out of or in connection with Your use of the Site or purchase of a Vehicle from the Site.

11. Events Outside Our Control

11.1 We are not in breach of our obligations under Your Order, these Terms or the Contract, and have no liability to You, if we cannot perform any obligation because of an event or circumstance beyond our reasonable control (for example, fire, flood, strikes, riot, disease, pandemic, accident, disruption to utility supplies or networks and systems, civil commotion, acts of terrorism or war, breakdown of equipment, bad weather, acts and omissions of third parties, and road traffic problems (each an “Event Outside Our Control”).

11.2 If an Event Outside Our Control happens and it affects our performance of our obligations:

(a) we will let You know as soon as we reasonably can;

(b) our time to perform the affected obligations is extended for as long as the Event Outside Our Control continues; and –

(c) we will rearrange any affected Delivery, Collection, pickup or drop off dates after the Event Outside Our Control is over.

12. Personal Data

You can find out how we use your personal data in our Privacy Policy.

13. Complaints

13.1 If You have a complaint about Vmoto, You can contact us as follows:

(a) by post: Vmoto UK Distribution Limited, Units 3-4 Newark Business Park, Abbott’s Way, Newark NG24 2EL; or

(b) through our website contact page by selecting “Purchase Enquiries”.

13.2 We will aim to get back to You within 48 hours.

14. General Terms

14.1 If any of these Terms are held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms which will continue to be valid and enforceable to the fullest extent permitted by law.

14.2 We may transfer our rights and obligations under these Terms to another organisation, but this will not affect Your rights or our obligations under these Terms.

14.3 Your Order, these Terms and the Contract constitute the entire agreement and understanding between You and us relating to the subject matter of the same and supersede any prior agreement or understanding between You and us relating to the subject matter of these Terms. You acknowledge that You have not entered into these Terms in reliance on, and shall have no remedies in respect of, any representation or warranty that is not expressly set out in these Terms (other than in respect of any fraudulent misrepresentation).

14.4 These Terms and the Contract do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Terms or the Contract.

14.5 These Terms and the Contract will be governed by English law. This means that any matter or dispute arising out of or in connection with these Terms and the Contract (including non-contractual disputes or claims) will be governed by English law. You may bring legal proceedings in the English courts. If You live in Scotland, You may bring legal proceedings in either the Scottish or the English courts. If You live in Northern Ireland, You may bring legal proceedings in either the Northern Irish or the English courts.

15. Model Cancellation Form

To Vmoto UK Distribution Limited, Units 3-4 Newark Business Park, Abbott’s Way, Newark NG24 2EL.

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*],

Ordered on [*]/received on [*],

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only if this form is notified on paper):

Date:

[*] Delete as appropriate