Terms of Service
TERMS AND CONDITIONS
These Terms and Conditions constitute a legally binding contract between the consumer (“you”) and us, N Plus Holdings Pty Ltd, as licensee for the Oracle Red Bull Racing eScooter (eScooter) and apply to the ordering, purchasing, fulfilment and delivery of Goods from us. Note that this policy applies to individuals who purchase Goods for personal use only i.e. it does not cover any business and wholesale accounts.
Please read the following Terms and Conditions carefully before placing your Order. The Terms and Conditions contain important information about ordering, processing, fulfilment and delivery of Goods.
You agree to be bound by the Terms and Conditions by accessing the Website, regardless of whether you create an account or make a purchase.
If you breach any of the Terms and Conditions, you are prohibited to continue using the Website.
If you do not agree with any part of these Terms and Conditions, you must leave this Website immediately.
These Terms and Conditions may be updated periodically by us. From time to time we may make revisions which will be posted to this page. You agree to be bound by any revisions.
“Consumer” means an individual who purchases goods and services for personal use and not for a business related use and not related business use.
“Goods” means those goods available from us via the Website.
“Order” means an Order for Goods placed via the Website or by other means.
“Taxes” means any taxes (including goods and services tax and other value added taxes), levies, imports, charges and duties (including stamp and transaction duties, import and export duties) imposed by any authority together with any related interest, penalties, fines and expenses in connection with a transaction contemplated under these Terms and Conditions.
COMMUNICATION BY US
As a condition of creating an account with us, you consent to us sending you Administrative Emails and Promotional Emails. In this document:
a) “Administrative Emails” involve details of account activity, Orders, offers and purchases you have made.
b) “Promotional Emails” consist of Goods information, new offers, and information about the Oracle Red Bull Racing eScooter. You may choose to opt-out of receiving Promotional Emails anytime by informing us or by following the instructions on those Emails.
PLACING YOUR ORDER AND FORMING A CONTRACT
(1) Our offerings published on the Website, in catalogues, and in our Showroom are non-binding.
(2) By placing an Order on the Website (which requires prior registration and acceptance of these General Terms and Conditions), the Consumer makes a binding offer to purchase the relevant Goods. The offer shall remain valid and binding for a period ending on the end of the 5th calendar day following the day of the offer. We are able to accept the offer within this period.
(3) Without undue delay upon receipt of the Order, we will send to the Consumer by e-mail a confirmation of receipt, which shall not constitute an acceptance of the Order. The Order shall be deemed to be accepted by us either upon subsequent (e-mail) acceptance of the Order or by dispatching the Goods (we will provide you with tracking details upon written request). We do not formally accept your offer until your Order has passed our internal validation procedures for:
- Verifying the bona fides of each Order placed, for the purpose of preventing credit card or payment fraud; and
- Confirming with our suppliers that they are able to supply the goods you have designed and ordered.
- The sales contract with the Consumer shall not become effective until our acceptance in the manner set out in this section, and not simply by our email confirmation of our receipt of a Consumer’s Order.
(4) Despite our best efforts, the design and colour of the Goods may vary from the design in the Order or the Goods contract.
(5) You warrant to us that all goods that you order are intended for personal, domestic and non-commercial use only.
(6) You agree and acknowledge that, if your offer is accepted by us in accordance with these Terms & Conditions, that we are contracting to arrange for the delivery of the relevant Goods to your nominated address.
(7) You as the Consumer will be considered the importer of record, unless expressly stated otherwise, in respect of the Goods and you must comply with all laws and regulations of the country in which you are receiving the Goods including the payment of all applicable Taxes.
(8) we are our affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel Orders in their sole discretion.
PRICES AND PAYMENT
(1) Our prices include VAT, GST or other Federal Taxes, shipping costs and foreign exchange where-once we know your shipping address as these amounts change depending on local laws. All Federal Taxes and charges are included in the price at checkout. Once paid, there will be no further liability to us for amounts for Federal Taxes.
(2) Unless expressly otherwise agreed by us, all shipments by us shall require advance payment (to be made in the manner specified in our Order form) upon receipt of an invoice (which may be sent by e-mail and included in our notice of acceptance). Upon the Consumer’s request, to be made in the Order form, we will use our best efforts to deliver the Goods as specified in the Order form.
(3) If you decide to purchase Goods from us, you agree to promptly pay the amounts due under these Terms and Conditions. If you make any purchase in a currency other than your local currency, you may be charged a currency conversion fee, foreign transaction fee and/or processing fee by your bank, credit card provider or financial institution. You acknowledge that if you trigger a “chargeback” through your credit card provider, we reserve the right to no longer conduct business with you.
(4) If we cannot process or accept your Order after payment is received, we will attempt to contact you by email or telephone.
(5) The Consumer shall have no right of set-off or retention, except to the extent that the counterclaim has not been disputed by us or been determined by a final and binding decision.
DISPATCH OF THE GOODS
(1) Your Order for Goods will be sourced, manufactured and delivered to you in accordance with the estimated date stated on the confirmation of your Order sent to you by Email. As all our Goods are manufactured-on-demand our normal delivery time is estimated to be 8 to 12 weeks and may be longer for non-standard Orders. Because of the on-demand process, unforeseen manufacturing issues can come up from time to time. In these instances, we’ll do our absolute best to still meet the estimated timeframe but if we’re unable to, we will let you know as soon as practicable.
(2) In the event that the Goods are no longer available, or cannot be delivered in a timely manner for any reason, we shall without undue delay, inform the Consumer thereof. In these cases, we will make an individual agreement with the Consumer regarding the time of delivery. If the Goods are no longer available from our suppliers within the foreseeable future, we shall be entitled to terminate the Goods contract. In case of any such termination, we shall without undue delay reimburse the Consumer any payments which the Consumer has made to us in respect of the Order and or try to reach an alternative contract with the Consumer for replacement Goods. In the event that the Goods are permanently not available, we will not accept the Order. In this case, a sales contract with the Consumer shall not become effective.
(3) Partial deliveries of Goods included in the same Order shall be permitted, provided that the Goods can be used separately and provided further that we shall bear any additional shipping costs caused thereby.
RETENTION OF TITLE AND RESALE
(1) We retain legal title to any Goods supplied by us until the purchase price (including Taxes and shipping costs) for such Goods and all other money that the Consumer may owe us at any time on any account have been fully paid. The Consumer acknowledges that this provision creates a security interest over the Goods for the purposes of the Personal Property Securities Act 2009 (Cth) or equivalent legislation in other jurisdictions.
WARRANTY, GUARANTEE, RETURN POLICY
The Consumer may have rights in relation to Goods under the relevant consumer. Nothing in these terms and conditions excludes or restricts any of the Consumer’s statutory rights. Where the Goods are not purchased for personal, domestic or household use, we may limit the Consumer’s remedies to replacing or repairing the Goods or reimbursing the Consumer for the cost of repairing or replacing the Goods.
(1) The warranty offered by us applies in the event of a structural defect in the workmanship or materials at the time of receiving the delivered Goods, the Consumer shall be entitled to request from us to repair the defect or to supply replacement Goods (as ordered) which is free from those defects. This warranty is limited to defective workmanship, materials or goods and excludes normal wear and tear.
(2) In addition to the statutory warranty and guarantees, we voluntarily grant an extended warranty of two years
(3). Without any limitation of the statutory warranty rights of the Consumer, our voluntary warranty is subject to the following additional conditions:
(i) The warranty does not cover damages caused by inappropriate or unspecified use for the particular Goods as described on our website, including:
- neglect of Goods (lack of care and maintenance);
- failure to properly install or assemble the Goods or use a properly qualified technician for repairs or maintenance;
- use of any of the battery or electrical systems in a manner which is not expressly specified;
- modifications to the Goods which are not expressly specified;
- mounting and alteration of additional components that were not expressly approved by us or replacement of our original components with non-identical components;
- jumps; or
- excessive loads of any other kind.
(4) We may refuse to remedy defective Goods in the manner requested by the Consumer if such remedy would result in unreasonable costs.
(5) We reserve the right to repair Goods or replace them with a new model. In the event that it is necessary to change the model we will endeavour to replace them in the original colour subject to availability. Should the original colour no longer be available, it may be that there are deviations from the original colour.
(6) Guarantee rights are limited to the aforementioned and any additional incurred costs (such as assembly, transport, duties and taxes etc.) and additional costs for assembly or material due to a model-change are not covered. Within the framework of our voluntary guarantee, the Consumer shall bear these costs.
(7) Our guarantee is valid only for the original Consumer who purchased the goods.
Besides any statutory revocation rights, we voluntarily provide for our Consumers a 14 day return policy.
All items for return must be in their original condition, unused, unwashed, unaltered, and undamaged. Items must be in the original packaging (including, if possible, the original delivery packaging), and be accompanied by the return form. The 14 day period starts from the delivery date and is complied with by return of the goods to us within 14 days to the nearest N+ dealer or where we provide you with a pre-paid return label with our carrier service without cost to you.
Any statutory revocation right remains unaffected.
WAIVER, INDEMNITY AND LIABILITY BY CONSUMER FOR USE OF GOODS
The regulations and compliance for the use of Goods including personal electric vehicles is varied around the World and the rules are dependent on the relevant jurisdiction.
(1) It is a condition of the sale of all Goods to the Consumer that in relation to the use of the Goods:
(2) That it is the Consumer’s sole responsibility to ensure that the Goods are at all times used in accordance with all relevant laws, regulations and rules (as updated or amended from time to time) which may vary depending on the location where the Goods are used;
(3) That use of the Goods may not be permitted or lawful on public roads or paths, and public areas in certain jurisdictions;
(4) That, unless otherwise permitted by law, the Goods are to be used on private property only;
(5) To defend, indemnify and hold us harmless from and against any and all claims (including negligence), liabilities, costs, expenses, losses, damages and settlement expenses, including legal costs, that we and/or related parties may incur, whether directly or indirectly, resulting from, in connection with or arising out of any unlawful use of the Goods to the fullest extent permitted by law; and
(6) To forever discharge and release us and our officers, employees and agents from all actions, suits, causes of action, demands, claims, costs, losses and expenses of every description whatsoever resulting from, in connection with or arising out of any unlawful use of the Goods (including use in breach of any laws, regulations and/or rules) to the fullest extent permitted by law.
(1) Our liability for negligence, other than for gross negligence, shall be limited to the maximum extent permitted at law.
(2) We shall not be liable (on whatever legal grounds) for damages which may not reasonably be foreseen, considering the type of the relevant Order and Goods and assuming normal use of the Goods. The foregoing limitations of liability shall not apply in cases of wilful misconduct or gross negligence.
(3) Except as specified by consumer laws, damage claims of the Consumer based on obvious defects of the Goods are excluded, unless the Consumer reports the defect within 14 days after the delivery of the Goods.
(4) Whilst every effort has been made to ensure the information contained within this Website is correct, we make no warranty as the accuracy, comprehensiveness, or correctness of any material, and provides all material on an “as is” basis.
We, including our partners, directors, officers, shareholders, employees, agents, contractors, and other third parties associated with running the Website, to the maximum extent permitted by law, disclaim all liability and responsibility for any loss or damage that might be suffered by you or any third party caused by the Website or the Goods sold on it including, without limitation, loss or damage suffered as a result of negligence.
You agree not to post or transmit to the Website any material which:
Is threatening, defamatory, obscene, offensive, indecent, abusive, discriminatory, liable to incite hatred, is in breach of confidence, or privacy, or is proprietary.
Is not properly licensed for use on this Website.
Violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person.
Constitutes or encourages an illegal act – including criminal or civil liability, or acts which are otherwise prohibited by the law of any relevant country in the world.
Infringes on the rights of a third party in any country in the world.
Has the potential to cause technical damage to the Website, or the equipment of other users of the Website (including, without limitation, viruses, trojans, worms, corrupted data or other malicious data or code).
You agree not to attempt to “hack” the Website or any other websites you do not own. This includes without limitation, trying to guess user’s passwords, “phishing”, accessing “hidden” URLs, attempting to trigger remote code for the purpose of accessing data or material you would not otherwise have access to.
You may not reverse engineer, decompile, or disassemble the Website or technology, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
CREDIT CARD FRAUD
We, through our transaction providers, employs technology to protect transactions with our consumers. However, we will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a consumer whose credit card is fraudulently used, or is used in an unauthorised manner as a result of using this Website.
SUPPLY OF GOODS
Subject to these Terms and Conditions, we will supply to you the Goods indicated on your Order confirmation.
When your Order items have been dispatched, we will email you to confirm shipment including a tracking number (for each item, if applicable).
PRODUCTION OF YOUR GOODS
Your Goods will be manufactured and delivered to you in accordance with the estimated date stated on the website at the time of purchase.
DELIVERY OF YOUR GOODS, RISK AND INSURANCE
We make every effort to deliver your Goods purchased from the Website according to the estimated delivery times provided at checkout. The estimated delivery times are in business days (Monday through Friday) excluding Public holidays.
Every effort is made to ship your Order according to the estimated delivery times provided. Estimated ship times may vary or change due to changes in supply or circumstances beyond our control.
Unless expressly otherwise agreed upon, we shall be free to determine the appropriate mode of shipment and to select the carrier at our reasonable discretion. We shall only be obliged to properly and in a timely manner deliver the Goods to the carrier, and any transit times specified on the Website shall be non-binding estimates.
If your Goods do not arrive within the estimated delivery time, please contact us.
The Consumer shall bear the usual return shipping costs when returning the goods for any reason unless we agree to pay for those costs.
Unless otherwise agreed by us, we will deliver your Goods to the address indicated on your Order confirmation. If no one is available to take delivery of your Order, our carrier may leave a card so you can pick-up your goods or other Goods from a third party address. If you grant authorization for our carrier to leave your delivery without a signature, you release us and our carrier from all liability. Deliveries lost, stolen or damaged under these circumstances are not covered by our Returns Policy for remake or refund, or by our carrier.
We will use our reasonable efforts to deliver your Goods to you within the estimated delivery time indicated on your Order confirmation; however, we do not guarantee that we will deliver within this time frame. To the extent permitted by law, we will not be liable for any delay or inability to deliver your Order within the estimated timeframe.
Risk and Title in Goods passes to you on the date and time of delivery of the goods to our nominated delivery agent in the country of export.
IMPORTER OF RECORD AND AUTHORISATION OF CUSTOMS BROKER
As noted above, if your offer is accepted by us in accordance with these Terms and Conditions and notwithstanding that the delivery of the relevant Goods to your nominated address will be arranged by us, you will be considered the importer of record in respect of those Goods.
CUSTOMS AND DUTIES
In respect of an Order of Goods, Taxes may be levied with respect to the goods by the destination country to which the goods will be delivered and/or the country from which the goods are shipped. You will be the importer of record for the purpose of customs and border processing and, as the importer of the goods, you may be required to pay Taxes to the relevant authority in addition to your payment to us of the price.
In the United States, we are required to collect applicable state and local sales tax on orders shipped to the State of Washington, and California and such taxes will be applied to your Order total. Some taxing authorities also require the taxable amount to include any shipping and handling charges, while others charge sales tax only on merchandise. We are required to follow the rules of each State. Your final Order will include the appropriate State and local taxes, as applicable in the United States.
REFUND PAYMENTS POLICY
In the instance where we provide you with a refund for any reason we reserve the right to do so by only paying the refund to the same credit card used when you paid for the Goods. Where a credit card is not used to pay for the Goods then the refund will normally be made to the original source used for payment eg. same bank account.
You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without our prior written consent. Any unauthorized assignment shall be deemed null and void.
If any provision of these Terms and 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 Terms and Conditions and the remainder of the provisions in question shall not be affected.
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Neither our failure nor your failure to enforce any part of these Terms and Conditions constitutes a waiver of such Terms and Conditions. Such failure will in no way affect the right to later enforce a part of these Terms and Conditions.
We reserve the right to change the Terms and Conditions at any time.
No employee or agent of ours has the authority to vary any of the Terms and Conditions.
We shall not be liable for any delay in performing any of its obligations outside of our control, and we will be entitled to a reasonable extension of time for the performance of such obligations.
GOVERNING LAW AND SEVERABILITY
This contract will be governed by the laws of Western Australia. Any dispute arising out of your use of the Website, or the Goods purchased on it shall be subject to the exclusive jurisdiction of the courts of that jurisdiction.
If a provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable that shall not affect the validity or enforceability of any other provision.