1. These Terms and Conditions will apply to the purchase of the goods advertised on our website, catalogues, brochures or other forms of advertisement by you (the Customer or You). We are Casarva Limited whose trading names are Casarva, Casarva Bike to Trike Conversions, Casarva Custom Conversions a company registered in England and Wales under number 05897119 whose registered office is at 16 Axis Park, Manasty Road, Orton Southgate, Peterborough, Cambridgeshire, PE2 6UP with email address email@example.com; telephone number 01733 234942; (the Supplier or us or we).
2. These are the Terms on which we sell Goods to you. By ordering any of the Goods, you agree to be bound by these terms and conditions.
3. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
4. Contract means the legally binding agreement between you and us for the sale and purchase of the goods;
5. Delivery Location means the Suppliers premises or other location where the goods are to be supplied, as set out in the Order;
6. Goods means any goods that we supply to you, of the number and specification as set out in the Order, goods that are made specifically for your order are deemed as being tailor made and therefore may not be cancelled after your order, items that are sourced from a 3rd party and are not incorporated into the tailor made items are not tailor made.
7. Order means the Customer’s order for the Goods from the Supplier as set out in the Customer’s order or in the Customer’s written acceptance of the Supplier’s quotation
8. The description of the Goods is set out mainly but not exhaustively in our written quotations, website, catalogues, brochures, or other form of advertisement
9. In the case of Goods made to your special requirements, it is your responsibility to ensure that any information you provide is accurate.
Basis of Sale
10. The description of the Goods is set out mainly but not exhaustively in our written quotations, website, catalogues, brochures or other form of advertisement does not constitute a contractual offer to sell the Goods.
11. When an Order has been made, we can reject it for any reason, although we will try to tell you the reason without delay, which must be due to running out of stock or resources, a price or description mistake, inability to obtain your payment or other genuine and fair reason.
12. A Contact will be formed for the Goods ordered, only upon the Supplier sending and email to the Customer saying the order has been accepted or if earlier, the Supplier’s delivery of the Goods to the Customer.
13. Any quotation is valid for a maximum period of 30 days from its date:
a. Unless it is made under a special offer with terms and conditions applying such as an offer end date in which case the quotation will cease to be valid at midnight of the date specified based on Greenwich Mean Time or British Summer Time.
b. Unless we expressly withdraw it at an earlier time
14. No variation of the Contract, whether about the description of the Goods, price or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing e.g. additional items to be included.
15. We intend that these Terms and Conditions apply to a Contract entered into by you as a Consumer where we, the Supplier and you the Customer, enter the Contract at any of the Supplier’s business premises, (see point 19 below) and where the Contract is not a contract
a. for which an offer was made by the Customer in the Suppliers’ and the Customer’s simultaneous physical presence away from those premises, or
b. made immediately after the Customer was personally and individually addressed in the Supplier’s and the Customer’s simultaneous physical presence away from those premises.
If this is not the case, you must tell us, so that we can provide you with a different contract which is more appropriate to you and which might, in some way, be better for you e.g. by giving cancellation rights pursuant to consumer protection law. Business premises means immovable retail premises where we carry on business on a permanent basis or, in the case of movable retail premises e.g. at a show or exhibition, on a usual basis.
Price and Payment
16. The price of the Goods and any additional delivery or other charges for each type of the Goods, and the total price of them and the charges is set out in our price list or bona fide quotation current at the date or order or such other price as we may agree in writing.
17. Prices and charges include VAT at the rate applicable at the time of Order, so that, if the rate of VAT increases before acceptance of the Order, we will only increase the price or charge by the amount of that increase if you agree otherwise we must reject the Order and promptly inform you of this.
18. Payment may be by Card, Bank Transfer, cash, cheque or Bankers Draft. In the case of Credit Card payments (but not Debit Card payments) a surcharge of 2.75% is applicable to cover card excess charges and 2% on cash payments to cover bank deposit charges.
19. You must pay for your DIY kit or parts at the time of order by cash, bank transfer or by submitting your credit or debit card details with your order and we will take payment immediately or otherwise before delivery or collection of the Goods. Payment for tricycles that are built in full or part by ourselves on your behalf have staged payments as set out in writing and agreed by you and us. Any additional items specified by you will be agreed in writing and payment for such additional items will be agreed on by you and us at that time and will form part of the contract to supply. No parts or vehicles will be released without full payment being made.
20. A non refundable deposit is required for securing a booking which is over 4 weeks ahead of the start date.
21. Where you do not pay the full balance under the contract by the time of completion we:
a. reserve the right to add a percentage interest charge of 8% over the Bank of England Base rate on the balance
b. add storage charges of £5+VAT per day in the case of vehicles and £1+VAT per day in the case of any other items from the date of the notification of the completion of your order until the date it is collected or delivered to you – whichever has been agreed this includes any delivery costs. Any additional charges will be payable before release of goods.
22. We will endeavour to deliver the Goods to the Delivery Location by the time or within the period agreed or failing any agreement, without undue delay. However due to the custom nature of our business we reserve the right to delay the delivery should unforeseen problems arise during the manufacture or fitting of your order or the orders by others which have a knock on effect on our production capacity. Any additional work you order during the manufacturing time may reasonably be expected to affect the delivery time frame. We will make effort to notify you.
23. In any case regardless of events beyond our control, if we do not deliver you can (in addition to any other remedies) treat the Contact at an end if:
a. We have refused to deliver the Goods, or if delivery time is essential taking into account all the relevant circumstances at the time the Contract was made, or if you told us in writing that delivery on time was essential or time was of the essence; 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 agreed and we have not delivered within that period.
24. If you treat the Contract as at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
25. If you were entitled to treat the Contract as at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods.
26. If any goods from a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
27. We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man, and the Channel Islands. If, however, we accept an order for delivery outside that area, you may need to pay import duties and other taxes, as we will not pay for them.
28. 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. Unless expressly detailed and requested by you all contracts are not on subject to a “Time is of the Essence” condition.
29. If you or your nominees fail, through no fault of ours to take delivery of the Goods at the Delivery location, we may charge the reasonable costs for storing and redelivering them. See Point 21 b. above
30. The goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practical, examine the goods before accepting them.
Risk and Title
31. Risk of damage to or loss of, the goods will pass to you when the goods are delivered to or collected by you or your representative.
32. You do not own the goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and any right to use the goods still owned by you, in which case you must return them or allow us to collect them.
Conformity and Guarantee
33. 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.
34. Upon delivery or collection the Goods will:
a. Be of satisfactory quality
b. Be reasonably fit for purpose for which you buy the Goods which, before the Contract is made, you made known to us, expressly or by implication, regardless of whether that is a purpose for which goods of that type are usually supplied (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgement) and be fit for any purpose held out by us or set out in the Contact; and
c. Conform to their description.
35. It is not a failure to conform if the failure has its origin in your materials.
36. 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 the territorial scope of the guarantee, are set out the company will guarantee items we have made against manufacturing defect, we do not offer a guarantee on 3rd party products that may be supplied by us and you should make any claims on such items to the manufacturer. Due to the nature of our custom products we do not guarantee any items manufactured by us which has been machined, welded or altered in any way nor any damage that has been caused by your installation or poor engineering practice. This guarantee will take effect at the time the goods are delivered and will not reduce your legal rights.
37. We will provide the following after sales service: The company will seek to help with advice and tips, however due to the custom nature of our work and the many options that may be extant we cannot guarantee to have the necessary advice, expertise or experience to provide a solution in whole or in part. Circumstances beyond the control of either party
38. In the event of any failure of a party because of something beyond its reasonable control:
a. The party will advise the other properly as soon as reasonable practicable; and
b. The party’s obligations will be extended 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 reasonable avoid, but this will not affect the Customer’s above rights relating to delivery.
39. 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 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).
Governing law, jurisdiction and complaints
40. The Contract (including and non-contractual matters) is governed by the law of England and Wales.
41. 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.
42. We try to avoid any dispute, so we deal with complaints as follows: The customer should submit their complaint in writing by either signed for Royal Mail letter or email. Proof of sending is not proof of delivery. The Customer should call the Company to ensure receipt of their complaint. Upon receipt we will attempt to provide a resolution to the issue within but not restricted to 5 working days.
43. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind without giving us a reason, and without incurring liability. Once we have acted upon your order e.g. commenced the manufacture of your part or begun work on your vehicle you will be liable for the cost of that work undertaken which will be chargeable.