Terms and conditions

Last update: [17th April] 2020

 § 1
[General provisions]

  1. These Regulations set out the rules on which we supply products to you via the online store ray-den.com. Please read these terms carefully before you submit your pre-order to us.
  2. The Online Store is owned and operated by: Rayden.Earth LTD, 590 Kingston Road, SW20 8DN, London, registered in England and Wales with the company number 10763997 and VAT ID GB300743153, e-mail address: invoice@ray-den.com.

1) Agreement

 

The agreement for the purchase of the Products, concluded in between the Seller and the Customer in accordance with these Regulations. 

2) Online Store


    online store run by the Seller available on the website at https://ray-den.com/

    3) Seller

      the entity referred to in §1 section 2 of these Regulations

      4) Customer

        user who intends or placed the Pre-order via the Online Store, including the Consumer

        5) Consumer

          customer who is a natural person who performs a legal act of reservation of a Product, not directly related to his business or professional activity

          6) Duties and Taxes

            means any duties, taxes, tariffs, levies, customs assessments, charges, penalties, and any other costs and expenses imposed by any domestic or international import or export authority in respect of the delivery of the Product, and including any such additional costs and expenses introduced from time to time if the United Kingdom leaves the EU.

            7) Product

              item offered by the Seller for Pre-order via the Online Store that is available to reservation and is not yet available on the retail market

              8) Pre-order Form

                the functionality of the Online Store that allows placing of a Pre-order by indicating and adding the Product to the electronic basket

                9) Pre-order

                  Customer's declaration of will leading to the conclusion of the pre-order reservation agreement, specifying the type and quantity of Products that will be in the Online Store's assortment and which the Customer wants to buy, as well as specifying Customer data

                  10) Regulations

                    These Regulations which are available on the Online Store website at https://ray-den.com/pages/terms.

                     

                    3. The following terms used in the Regulations have the following meanings:

                    § 2
                    [On-line Store]

                    1. The Seller provides a free electronic service to the Customers via the Online Store consisting in enabling the use of the Pre-order Form to place a Pre-order for the Products.
                    2. The Customer is obliged to use the Online Store in a manner consistent with the Regulations, applicable law and good manners. In particular, it may not provide unlawful content or infringe any rights of the Seller or third parties.
                    3. In order to properly use the Online Store and all its functionalities, it may be necessary to meet the technical requirements in the form of: having a device with Internet access, having an e-mail account, as well as installing Internet Explorer version 10 or higher on the device, Microsoft Edge version 40 or higher, Google Chrome version 58 or higher, Mozilla Firefox version 50 or higher, Opera version 44 or higher, or Safari version 9 or higher. Cookies should be enabled in the web browser used by the Customer.

                    § 3
                      [Pre-order]

                      1. The service provided electronically, referred to in this paragraph, is one-off and ends when the Customer confirms the submission of the Pre-order or leaves the Pre-order Form website without submitting the Pre-order. Before confirming the submission of the Pre-order, the Customer has the option to opt out of the Pre-order at any time. 
                      2. In order to purchase the Products from the Seller, the Customer must place a Pre-order via the Online Store. Placing a Pre-order requires:
                        1. selecting the Product by adding it to the electronic basket and then clicking the "Pre Order Now" button. The Customer may add more than one Product to the electronic basket. When choosing Products, the Customer may freely manage the contents of the basket by adding more Products to the basket or removing them from the basket;
                        2. completing the active fields of the Pre-order Form and providing the data required in it, such as: name and surname, delivery address, telephone number, e-mail address and - if the "I want to receive a VAT invoice" option has been selected - company name as well as tax id. number;
                        3. ticking the appropriate boxes under the Pre-Order Form, through which the Customer declares that has read the Regulations and that agrees to the processing of personal data provided by him;
                        4. confirmation of submitting the Pre-order by clicking the appropriate button under the Pre-order Form - "Pay now";
                      1. During the Pre-order filing procedure – until clicking "Pay now" button, the Customer has the option of making changes, i.e. choosing a different Product, as well as shipping details. 
                      2. The Customer is required to provide the correct data in the Pre-order Form.
                      3. The fact of submitting a Pre-order is secured in the Online Store's IT system but placing a Pre-order does not require having an account in the Online Store.
                      4. Seller, immediately after placing the Pre-Order by the Customer, confirms whether it accepts the implementation of it by sending the Customer an appropriate e-mail to the Customer's e-mail address at which point the legal binding Agreement will come into existence between the Seller and the Customer and an order number will be assigned to the Pre-order. 
                      5. If the Seller informs the Customer that it is unable to accept the Pre-order Form, it will inform the Customer and not charge for the Products or, if already charged, refund the Customer as soon as possible. This might be due to:
                        1. the Product is out of stock,
                        2. there have been unexpected limits on the Seller’s resources which the Seller could not reasonably plan for,
                        3. the Seller has identified an error in the price or description of the Product,
                        4. the Seller are unable to meet a delivery deadline,
                        5. the Seller has been unable to obtain authorisation for the payment.

                      § 4
                        [Products and delivery]

                        1. Specifications of the Products and their descriptions are available on the Online Store. Due to the digital reproduction of the colours of the Products and individual display settings on devices on which the Customer uses the Online Store website, the photos and images of the Products presented in the Online Store may vary from their appearance in reality.
                        2. Products ordered through the Online Store are delivered via a courier arranged by the Seller to the address provided by the Customer when submitting the Pre-order Form.  
                        3. Depending on the type of Product purchased, the duration of the Pre-order may take from 3 to 8 months. In special cases, the duration of the Pre-order may be extended. The estimated delivery time of a given Product is visible next to its description available on the dedicated subpage of the Online Store. The duration of the estimated delivery of the Products is counted from the moment of the full payment for of the Product including the delivery costs.
                        4. If delivery of the Products is delayed by an event outside of the Seller’s control, then the Seller will contact the Customer as soon as possible to set out what steps the Seller may take to minimise the effect of the delay. Provided the Seller does this it will not be liable for delays caused by the event, but if there is a risk of substantial delay then the Customer may request to terminate the Agreement and receive a refund. 
                        5. Customer is obliged to examine the Products and if the Customer states that during transport there was a damage to Product, he is obliged to perform all actions necessary to determine the liability of the courier. 

                        § 5
                          [Price and Payment]

                          1. The prices of Products available in the Online Store are specified in British pounds and are gross prices, i.e. they include taxes (such as VAT) but do not include the costs of delivery of the Products which the Customer also undertakes to cover the costs of delivery of the Products. 
                          2. Prices are reviewed periodically and often changed, please check the Online Store for any price changes. 
                          3. Information about courier delivery costs is included in the Pre-order Form. The delivery costs depend on the quantity of Products purchased and the size of the shipment pack. 
                          4. The Customer acknowledges and agrees that the Duties and Taxes in connection with the delivery of the Products to the Customer shall be payable by the Customer. 
                          5. Payment shall be made using Shopify Payments payment system operated by Shopify International Ltd. at the time of finalising the Pre-order Form.
                          6. Payments may require logging into the Customer's online banking. The Customer will be directed outside the Online Store's website to make the transfer.
                          7. The Seller issues a receipt or a VAT invoice electronically. If the Customer thinks an invoice is incorrect, he shall contact the Seller promptly.
                          8. Customer will be responsible for the Products from the time they are delivered however the Seller reserves the title to the Products sold until payment of the entire price of the ordered Products together with the costs of delivery.

                          § 6
                            [Complaints and Warranty]

                            1. All Products presented in the Online Store are brand new and have all approvals required by the applicable laws, regulations and standards in the UK. 
                            2. The Seller is obliged to supply and deliver the Products which are as described, fit for purpose and of satisfactory quality.
                            3. If the delivered Product has a defect, the Consumer is entitled to make a complaint. The complaint should contain data enabling the Seller to identify the Consumer and the subject of the transaction (such as e.g. name and surname, date of Pre-order). If the relevant data is not provided, the Seller may ask the Consumer to complete them.
                            4. The complaint may be submitted by the Consumer, in particular in writing to the address Rayden.Earth LTD, 590 Kingston Road, SW20 8DN, London or to the e-mail address invoice@ray-den.com.
                            5. The Seller is obliged to respond to the complaint as soon as possible but no later than within 14 days of its receipt. After considering the complaint, the Seller informs the Consumer whether it considers a request justified and how the Seller proposes to handle it, noting the provision §5 section 8 of these Regulations.
                            6. Products offered in the Online Store are covered by the manufacturer's warranty for the given Product. The Seller encloses the Product’s warranty document with each purchased Product. If the Consumer exercises his warranty rights, he should provide to the Seller a warranty document. The warranty document specifies the details of the warranty procedure. 
                            7. Summary of the Customer’s key legal rights:
                              1. up to 14 days: the Customer can return the Products without a reason in the original packaging and obtain a full refund, except if any returned Product is in a non-sealable condition, in which case the Seller has the right to reduce the refund. 
                              2. up to 30 days: if the Products are faulty, then the Customer can get a full refund. 
                              3. up to six months: if the Products can't be repaired or replaced, the Customer is entitled to a full refund, in most cases.
                              4. up to six years: if the Products do not last a reasonable length of time the Customer may be entitled to some money back.

                            § 7
                              [Business Customers]

                              1. Customers that are not Consumers, confirm that they have the authority to bind any company on whose behalf they purchase Products.
                              2. Both Customers who are not Consumers as well as Seller give consent that neither Party shall have a claim for innocent or negligent misrepresentation or negligence based on any statement of the Parties. 

                              § 8
                                [Customer’s right to withdraw]

                                1. Consumer may withdraw from the Agreement at any time, but his rights will depend on the reason (in which case provisions of §5 section 6 and 8 of these Regulations shall apply) and time of the withdrawal. 
                                2. Customer can withdraw the Pre-order at any time without specific reason, prior to the notice that Products have been shipped or placed with the courier. In such a case the Customer shall be reimbursed with all payments made for cancelled Pre-order.
                                3. If the Customer withdraws after the Products have been shipped, the Customer is obliged to return the Products to the Seller at the Customer’s costs or hand them over to a person authorised by the Seller and reimburse the Seller for any and all cost of returning the Products. 
                                4. Payments will be reimbursed using the same method of payment as used by the Consumer, unless he expressly agreed to a different method of reimbursement which does not entail any costs for him.
                                5. The Seller may withhold the reimbursement of payments received from the Consumer until receipt of the Product.

                                § 9
                                  [Disclaimer]

                                  1. All of the Products on the Online Store are listed for non-road legal use (unless the description states otherwise) and should under no circumstance be used on public roads. If the Customer purchase the Product, it is the Customer’s responsibility how it is used and the Seller is not liable for any government laws enforced upon the Customer or the Product.
                                  2. The Products are designed for ages 18 years and over, however it is down to parent discretion on the suitability of the Product for the intended rider that is below this age.
                                  3. The Sellers always recommends that safety gear is worn when riding the Product and that there is adult supervision at all times.
                                  4. The Customer accepts full responsibility and releases the Seller from all loss, costs or damage incurred due to the Customer’s misuse, wear and tear and Customer’s self-build and modification of the Product. It is the Customer’s responsibility to maintain the safety of any Product bought through the Online Store. 
                                  5. This clause does not affect the Customer’s statutory rights and does not restrict the Customer’s rights in respect of any personal injury or death.

                                  § 10
                                    [Personal data]

                                    1. Customers' personal data are processed by the Seller as a data controller.
                                    2. The processing of personal data takes place in accordance with the provisions of generally applicable law, in particular in accordance with the Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 (“GDPR"), as well as in accordance with these Regulations.
                                    3. As part of the Online Store's business activities, personal data of Customers are processed, such as: name and surname, company name, tax identification number, address, e-mail address, telephone number and bank account number.
                                    4. Providing personal data by the Customer is voluntary, but necessary in order to conclude and implement a contract for the provision of services or a pre-order reservation agreement to which the Seller and the Customer are parties.
                                    5. The processing of the Customer's personal data takes place in order to conclude and implement a contract for the provision of services or a pre-order reservation agreement, referred to in the Regulations, concluded between the Seller and the Customer (Article 6 section 1 point b of the GDPR). The Seller stores the data for a maximum of 10 years from the date of the start of pre-order reservation agreement or the termination of the use of the electronic service.
                                    6. The data subject has the following rights:
                                      1. the right to access the personal data provided;
                                      2. the right to receive a copy of the data;
                                      3. the right to rectify personal data;
                                      4. the right to delete personal data;
                                      5. the right to request the restriction of personal data processing;
                                      6. the right to transfer personal data;
                                      7. the right to object to the processing of personal data;
                                      8. the right to lodge a complaint with a supervisory authority.
                                    1. The Seller may provide personal data to entities providing IT, accounting and marketing services to him, shipping services.
                                    2. The Seller may use IT service providers who have their headquarters in the USA, and thus outside the European Union; in this connection, Customer’s data may be transferred to that country. The Seller uses only entities that have joined the EU-US Privacy Shield program and provide an adequate level of data protection.
                                    3. The Seller provides protection for personal data that he processes. In particular, the Seller applies appropriate technical safeguards and organizational measures to protect the personal data being processed, appropriate to the threats and categories of data being protected. In particular, it protects data against disclosure to unauthorized persons, removal by an unauthorized person, processing in violation of the law as well as change, loss, damage or destruction.
                                    4. In order to exercise any of the rights referred to above, the data subject may submit a request to the Seller via e-mail or traditional mail.
                                    5. As a part of the Online Store's website activity, information about the time of receipt of the inquiry and sending the reply, the address of the website from which the redirection to the Store took place, and the type of software used by the user may also be collected. This information is used for the purposes of administering the Online Store.

                                    § 11
                                      [Changes to these Regulations]

                                      1. The Seller is entitled to make changes to these Regulations for reasons such as a change in the provisions of law, a change in the data provided in the forms as well as change in the functionality of the Online Store.
                                      2. The amendments to the Regulations shall enter into force on the date indicated by the Seller - which shall not be less than 7 days from the date of the new Regulations being made available in the Online Store.
                                      3. Amendments to the Regulations do not affect the rights and obligations of the parties arising before making such changes, in particular in the case of the agreements concluded through the Online Store, the amendments to the Regulations does not apply to pre-orders placed before the entry into force of the amended Regulations.

                                      § 12
                                        [Other important terms]

                                        1. The Seller informs that the Online Store's activities may be interrupted due to technical service, maintenance or work on improving its functionality. The Seller will endeavour to make these breaks as bearable as possible for users.
                                        2. The content of the Online Store's website and the markings of the Online Store, in particular texts, graphics, photos and videos are protected by copyright and other intellectual property rights, and the use of them requires the consent of the Seller.
                                        3. In matters not covered in these Regulations, the provisions of the English law shall apply, and the English courts shall have the jurisdiction to settles disputes.