Terms and conditions

The use of this website is subject to the following Terms and Conditions and is conditional on your acceptance of these Terms and Conditions. Please read these terms carefully before you submit your order to us.

Any conditions stated on this website do not affect your statutory rights as a consumer. These are the terms and conditions on which we supply products to you.

You can only purchase the Goods from the Website if you are eligible to enter a contract and are at least 18 years old.

These Terms and Conditions will apply to the purchase of the goods by you (the Customer or Consumer or You) from the website www.smartrike.co.uk operated by Whitestep Ltd (the Supplier or Seller or us or we) with its registered address of First Floor 690 Great West Road, Osterley Village, Isleworth, TW7 4PU United Kingdom, registered in England and Wales under company number 06208613 with email address help.uk@smartrike.com; 

1. Definition 

Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft, or profession.

Contract means the legally binding agreement between you and us for the supply of the Goods.

Delivery Location means the premises or other location where the Goods are to be supplied, as set out in the Order.

Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order.

Order means the Customer's order for the Goods from the Supplier as submitted following the step-by-step process set out on the Website.

Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website.

Website means our website www.smartrike.co.uk on which the Goods are advertised.

2. Goods

The description of the Goods is as set out on the Website, catalogues, brochures, or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.

All Goods which appear on the Website are subject to availability.

We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

3. Personal information

We retain and use all information strictly under the Privacy Policy.

We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.

4. Basis of Sale

The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.

The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.

A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order, you agree to us giving you confirmation of the Contract by means of an email with all information in it (i.e., the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.

No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.

5. Availability and Rejected Orders

All goods are subject to availability. While we endeavour to hold sufficient stock to meet all orders and purchases, if we have insufficient stock to supply or deliver the goods ordered and paid for by you, we will attempt to contact you using the details you have provided to us to ask you how you wish to proceed. We may, at our discretion, process any part of the order which is available. Where goods are out of stock, we will refund you the price paid for such goods as soon as possible and in any case within 30 days.

Sometimes we reject orders, for example, because a product is unexpectedly out of stock, because of our inability to obtain authorisation for your payment, because a credit reference we have obtained is unsatisfactory, because you are located outside the UK, or because the product was mispriced by us. When this happens, we will let you know as soon as possible and refund any sums you have paid. We reserve the right to correct any errors from time to time.

Pre-order Items - sometimes, we pre-sell items which are not available for immediate dispatch. "Pre-order" items should be clearly labelled on the website with the expected delivery date. Your FULL order will be dispatched once the pre-order item becomes available. If you require other items on your order, earlier than this, it is advised to make separate orders. Please note expected delivery dates are approximate, we do our very best to get them to you as soon as possible but we cannot be held responsible for loss due to late delivery. 

6. Price and Payment

Full payment for the goods you order must be received by us before we can accept your order. Your payment constitutes an offer to purchase the goods, which we will accept upon dispatch of the goods to you. Our acceptance of your order establishes a legally binding contract between you and us.

The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.

Prices and charges include VAT at the rate applicable at the time of the Order.

By using a credit/debit card to pay for your order or purchase, you confirm that the card being used is yours or that you are authorised to use it. By using PayPal, Apple Pay or Google Pay you confirm that the account being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. All PayPal, Apple Pay or Google Pay payments are subject to authorisation by PayPal. If the issuer of the card or payment system refuses to authorise payment, we will not accept your order or purchase, we will not be obliged to inform you of the reason for the refusal, and we will not be liable for the item not being delivered or provided to you. We are not responsible for the card issuer or bank charging the holder of the card as a result of our processing of your credit/debit card payment in accordance with your order or purchase or if PayPal charges you for making the order.

7. Delivery

We contact you by email to confirm we've received your order and we've accepted it. We contact you again by email when we dispatch the product and provide you with a tracking number.

We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.

In the event of a delay in delivery due to circumstances beyond our reasonable control, the delivery date will be extended for a reasonable period. We will notify you to schedule an alternative delivery time.

In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if: 

a. we have refused to deliver the Goods, or if delivery on time is essential considering all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
b. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances, and we have not delivered within that period.

If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.

We do not generally deliver to addresses outside England and Wales, Scotland, the Isle of Man and Channels Islands. 

You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.

If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.

We shall not be liable for any loss or damage to the goods after they have been delivered in accordance with your delivery instructions, except in cases where such loss or damage is caused by our negligence.

The Goods will become your responsibility from the completion of delivery or Customer collection.

8. Your Cancellation Rights to Return and Refunds

You have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2014. If you wish to return an item, you have the right to do so within 30 days after the item having been delivered. Items must be unused, in their original packaging and in a saleable condition. Customers return items at their own expense, and we do not arrange collections.

All cancellation requests must be submitted to us via email at help.uk@smartrike.com or contact us form. A receipt or proof of purchase is required for any return to be processed.

For returns after 30 days, a reason for return is required, and we reserve the right to reject the request if the reason is deemed unsatisfactory. 

If you have received the goods before cancelling your contract, you must return the goods to our address at your own expense and risk. If the goods have already been processed for delivery at the time of your cancellation or if you cancel your contract after we have dispatched the goods, you must not unpack the goods upon receipt. You are required to return the goods to us at your own expense and risk as soon as possible.

To return an item please:

    1. Contact us via email at help.uk@smartrike.com or contact us form to let us know that you will be returning the item.

    2. Package the item securely and return it to us including your name, address, and order number to the return address which will be provided to you.

The return of goods to us is at your own expense and risk. We recommend using a tracked service for any returned goods.

If the returned item is found to be used, damaged or the packaging (internal or external) not suitable for re sale – then any refund or exchange will be refused, and the items will only be returned to the customer once all shipping costs are paid.

We refund you on the same credit card or debit card used by you to pay.

Please contact us prior to initiating the cancellation/returns process, as we may be unable to process your return if the correct procedure is not followed. 

If/when your return is accepted, the refund will be processed within 10 working days to the original method of payment. Depending on your payment provider it may take an additional 3-5 working days to appear in your account balance. If the refund has not been received after this time, please contact your bank or credit card company. If your bank cannot provide information on the refund, please contact us for further assistance.

9. Risk and Title

Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.

You do not own the Goods until we have received payment in full. 

Conformity and Guarantee

We have a legal duty to supply the Goods in conformity with the Contract and will not have conformed if it does not meet the following obligation.

Upon delivery, the Goods will: 
a. be of satisfactory quality;

b. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and

c. conform to their description.

We will immediately, or within a reasonable time, give you the benefit of the free guarantee given by the manufacturer of the Goods. Details of the guarantee, including the name and address of the manufacturer, the duration and territorial scope of the guarantee, are set out in the manufacturer's guarantee provided with the Goods. This guarantee will take effect at the time the Goods are delivered and will not reduce your legal rights.

10. Circumstances beyond the control of either party

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control.

An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

In the event of any failure by a party because of something beyond its reasonable control: 

d. the party will advise the other party as soon as reasonably practicable; and

e. the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery and any right to cancel, below.

11. Privacy

Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation regarding your personal information.

These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy (www.smartrike.co.uk). For the purposes of these Terms and Conditions: 

f. 'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.

g. 'GDPR' means the General Data Protection Regulation (EU) 2016/679.

h. 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.

We are a Data Controller of the Personal Data we Process in providing Goods to you.

Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data while providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws: 

i. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;

j. we will only Process Personal Data for the purposes identified;

k. we will respect your rights in relation to your Personal Data; and

l. we will implement technical and organisational measures to ensure your Personal Data is secure.

For any enquiries or complaints regarding data privacy, you can contact responsible officer at the following e-mail address: info@whitestep.co.uk 

12. Liability

If the goods you ordered are not received within 30 days from the date of your order, we shall not be liable to you unless you notify us in writing at our contact address within 60 days from the date of your order, provided that such notification is reasonably practicable. Upon notification under this condition, we shall, at your discretion:

a. make good any shortage or non-delivery.

b. refund the amount paid for the goods in question in a manner of our choosing.

Claims for defective goods will only be considered if reported to us immediately upon receipt of the goods or, in any event, within 15 days from receipt.

Under this contract, both parties shall only be liable for losses that are a direct and reasonably foreseeable consequence of the relevant breach of contract.

You must adhere to the manufacturer's installation advice and instructions at all times. Our products are intended for personal use only and not intended for resale. We shall not be liable for any failure to adhere to these instructions, negligence, incorrect installation, misuse (including non-residential use), vandalism, or unauthorized alteration or attachment of equipment other than our own.

You expressly understand and agree that we shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party including advertisers on the service; (v) any other matter relating to the service; or (vi) information you include in a profile.

Notwithstanding the above, nothing in these terms and conditions shall limit any rights you may have as a consumer under applicable local law or other statutory rights that cannot be excluded, nor shall it exclude or limit our liability to you for any death or personal injury resulting from our negligence.

13. Excluding liability

The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (e.g. loss of profit) to the Customer's business, trade, craft or profession which would not be suffered by a Consumer - because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.

14. Governing law, jurisdiction and complaints

The Contract (including any non-contractual matters) is governed by the law of England and Wales.

Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.

We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs customers should contact us via email to find a solution. When writing to us please enclose copy of your purchase receipt. We will aim to respond with an appropriate solution within 5 business days.