Updated on January 20, 2022. Active until updated
Please be advised that, by using the Qee Website and / or placing an order with us you are agreeing to our terms and conditions as detailed below.
In this Agreement, various key words are defined as having the following meanings:
2.1. The Buyer agrees to buy, and the Seller agrees to sell, the Goods at the specified price and these Goods will be delivered to the Buyer by the specified Delivery Date.
2.2. The Buyer is responsible for ensuring that the specification of Goods selected is accurate and appropriate for the Buyer’s needs.
2.3. The quantity and description of the Goods will be defined on the Qee order form.
2.4. All orders for Goods shall be deemed to be an agreement by you to purchase goods in accordance with these terms and conditions.
2.5. You must be eighteen years old or over to use the Website or order Goods through the Website. If you are under eighteen, you may only use the Website or order Goods under the supervision of a responsible parent or guardian.
2.6. You undertake that all details you provide to us for the purpose of ordering or purchasing Goods are correct, that the payment card you are using is your own and that there are sufficient funds within your account to cover the cost of the Goods ordered.
2.7. No order submitted by you shall be deemed to be accepted by us until we have confirmed acceptance of your order by email. Once we have accepted your order, a legally binding contract will be brought into existence between us.
2.8. Qee reserve the right to refuse any order placed by you and, in such instances, no explanation will need to be provided.
3. Conditions of Sale
3.1. The express terms and conditions laid out in this document shall apply to the sale of the Goods by us to you. Except for where terms are implied by statute, any provisions not set out in this document shall not be deemed as terms and conditions concerning the sale of the Goods by us to you, however such provisions are introduced. Any variation to these terms and conditions shall be inapplicable unless agreed in writing by the Seller.
3.2. The Buyer acknowledges that the Goods are provided with the requirement to attach the wing mirrors, battery, handlebars and any additional free accessories. The Buyer is also responsible for checking all nuts and bolts prior to using the Goods on the road. The Buyer acknowledges that the goods are not to be driven over 20mph for the first 100 miles of use. The Buyer also acknowledges that top speeds of Goods purchased may vary and are not guaranteed. Furthermore, the Buyer acknowledges that some of the Goods are supplied for use on public highway roads and that they will need to be registered with the DMV. Registration fee and any other costs connected to it will be paid for by the Buyer, including any additional costs associated with this registration process and / or any associated testing or inspection are the sole responsibility of the Buyer and will not be covered by the Seller.
3.3. The Buyer acknowledges that regular servicing of the Goods will be required to ensure continued safe and legal use on public highway roads. The initial service is usually required after 300km (185 miles) or 3 months ownership, whichever is sooner. After then, the Goods should be serviced after 1000km (620 miles) / 6 months ownership, then after 3000km (1865 miles) / 12 months ownership and then after every 3000kms (1865 miles) /or 6 months of ownership, whichever is sooner. It is the Buyer’s responsibility to ensure that all servicing of Goods is carried out at service centre using corresponding parts.
3.4. You are highly recommended and in some States or areas required to wear a helmet whilst riding our vehicles. The Buyer bears full responsibility for following road safety laws/rules (or any other applicable laws/rules in Buyer’s area of vehicle usage).
4. Cancellation by the Buyer
4.1. In order to cancel the contract, you must notify us in writing. All returns must be approved to be eligible for a refund.
4.2. If we have processed / despatched any Goods before the point at which you cancel, we will organise collection at your own cost and this cost will be the same as the original delivery price paid by you. Please note that orders are processed at 11:00 each working day. Any orders placed over the weekend or on bank holidays for next working day delivery will be processed and sent out on the next working day for delivery the following working day.
4.3. Upon delivery, the Buyer is entitled to examine and inspect the Goods provided prior to making any decision to cancel the contract. However, this right is limited and is specifically aimed at providing the same opportunity to Buyer as would have been the case if the Buyer had actually seen the Goods in person prior to making a purchase. Once the Goods have been accepted and signed for, the DVLA registration will be commenced and no cancellations will then be possible.
4.4. Cancellation must be made before any Goods are unpacked or assembled. In the case of any cancellation, all Goods must be returned as supplied – complete, unused, with original packaging and in resalable condition. If any Goods are not returned to us in a resalable condition, we reserve the right to refuse the return of the Goods. Similarly, if any returned / cancelled Goods are subsequently deemed to have been used by the Buyer, then they will be ineligible for cancellation and / or refund. If Goods are not returned unused and in the original packaging, we reserve the right to deduct a fair and reasonable amount from the refund amount, depending the extent of any damage caused to the Goods, up to a maximum of 25% of the original selling price. This does not affect your statutory rights. Please note that the original delivery charge will also be deducted from any refunds made.
4.5. Once you have notified us that you are cancelling your contract and we are in receipt of the returned goods, any amounts debited by us from your credit or debit card or by any other means of payment will be re-credited to your account as soon as possible and in any event within 30 days of your order provided that the Goods in question are returned by you in a suitable condition as outlined in 4.4 above.
4.6. The above cancellation clauses relate only to orders where there are no faults with the Goods received. As such, it does not affect any rights that may arise in the event that there any faults are found with the Goods supplied.
5. Cancellation by the Seller
5.1. In limited circumstances, we reserve the right to cancel our contract with you. This includes instances where we have insufficient stock of the particular Goods you have ordered, where we are unable to deliver to your specific area, or where one or more of the Goods ordered were listed incorrectly on our Website.
5.2. In the event that we have to cancel the contract with you, we will notify you by email or telephone and will re-credit any sums paid back to the original payment source as soon as possible and, in any event, within 30 days of your original order. In such instances, we will not be obliged to provide any further compensation in respect to losses of any other kind suffered by you.
6. Pricing of Goods
6.1. The prices to be paid for our Goods are highlighted on our Website.
6.2. Whilst we endeavour to ensure that all prices on our Website are accurate and up-to-date, occasionally some errors may occur. If any such errors are discovered subsequent to any relevant orders place, we will notify you as soon as possible with the option of reconfirming your order at the correct price or cancelling it. If for any reason we are unable to contact, then any such orders placed will be treated as cancelled, and any moneys paid will be fully refunded. Please note that we will be under no obligation to fulfil any orders placed for Goods incorrectly advertised or inaccurately priced on our Website.
6.3. Please note that it may not always be possible for us to deliver to your specific location and on occasions you may be required to pay additional delivery charges as outlined on our Website.
7.1. By placing an order on our Website, you consent to payment being charged to your credit or debit card account as provided by you on the order form
7.2. Payment for any Goods ordered becomes due immediately upon placing your order and shall be made prior to any delivery being made.
7.3. A non-refundable $100 reservation fee will be payable in advance by the Buyer in instances where a special order for customised Goods is made. The Seller will advise the Buyer at the time of ordering how long these customised Goods will take to be delivered. Should the Buyer subsequently change their mind and /or cancel such an order, the reservation fee will be withheld by the Seller and is not eligible to be refunded. Should the Seller subsequently cancel such an order (e.g. due to stock or supply issues), the reservation fee will be refunded to the Buyer as soon as possible and, in any event, within 30 days of the original order.
8.1. We will deliver any Goods ordered by you to the kerbside of the address provided by you during the ordering process. Please note that the Goods are typically supplied in a crate and will need to be unpacked. Delivery charges will be in addition to the price of the Goods. These delivery charges may be updated on a regular basis but will be clearly indicated during the check-out process on our Website. If an upgraded delivery service is required, full payment for the upgrade will be required before delivery and an additional $50 charge will be applied to all orders where re-delivery is required. All delivery charges are non-refundable.
8.2. We commit to delivering your Goods as soon as possible after your order has been placed and, in any event, within 30 days of the ordered item being in stock.
8.3. Any delivery date provided should be taken as an estimate and may be subject to factors beyond our control.
8.4. Please note that the risk in the Goods shall pass to you upon delivery of such Goods to the delivery address provided.
9. Product Limited Warranty
9.1. If a material defect is found to be within the Goods purchased within the Warranty Period then Aumeria Inc. will as soon as is reasonably practicable replace the defective parts provided that:
9.1.1. Warranty period for the moped and its structural parts is 24 month from date of receipt.
9.1.2. Warranty period for the battery (-s) is 36 month from date of receipt.
9.1.3. You inform us in writing within the period of your warranty and proceed as instructed by us. In order for us to inspect the faulty part, you will be required to arrange for its prompt return to us and this will be at your expense;
9.1.4. The existed at the time the Goods were delivered to you or occurred due to a manufacturing fault, faulty materials or faulty workmanship;
9.1.5. The defect did not result from any modification or alteration you have made to the Goods, or from normal deterioration, or from improper or faulty connection, installation, handling, storage or use of the Goods by you (e.g. goods need must be covered to prevent weather damage), or any failure by you to comply with any instructions provided by us.
9.2. The warranty applies to material parts only and does not cover any associated labour charges.
9.3. Wear and tear to parts and parts that require maintenance are not covered in the warranty outlined in 9.1 above. Examples of these parts include (but are not limited to) Brakes, Exhaust, Mirrors, Cables, Tyres, Kick Starts, Stands, Fairings, Drive Belts, Bulbs, Fuses, Wheels and Top Boxes.
9.4. Any intrusion (meaning any types of opening, unscrewing, repairs) in motor, battery, controller (-s), electrical wirings, display will be considered a substantial breach of warranty conditions and as a result cancellation of the warranty.
9.5. The Buyer will be responsible for checking all nuts and bolts on products supplied by us before using the Goods on the road. Regular servicing will also be required at defined periods as outlined in Clause 3.3 above. Please note that failure to adhere to these service requirements will void your warranty and, in the event of any claim, we reserve the right to request and view appropriate service records and mileage details accordingly.
9.6. Except as provided in this warranty and to the maximum extent permitted by law, Qee Moto Ltd is not responsible for direct, special, incidental or consequential damages resulting from any breach of warranty or condition, or under any legal theory, including but not limited to loss of use; loss of revenue; loss of actual or anticipated profits (including loss of profits on contracts); loss of the use of money; loss of anticipated savings; loss of business; loss of opportunity; loss of goodwill; loss of reputation; loss of, damage to, compromise or corruption of data; or any indirect or consequential loss or damage howsoever caused including the replacement of equipment and property, any costs of recovering, programming.
9.7. Except as provided in this warranty and to the maximum extent permitted by law, Aumeria Inc. is not responsible for direct, indirect, special, incidental or consequential damage to physical or mental health of the rider and/or passenger of the moped if resulted from defected part (-s). Rider (-s) should bear full responsibility of riding the vehicle and possible damages that riding may bring to the rider.
9.9. Warranties are non-transferable and extended warranties are non-refundable.
9.10. Please note that this Warranty does not affect your statutory rights.
10.1. Should you receive any Goods from us that you have not ordered, you must reject these Goods in writing within 48 hours of the delivery, either by recorded post using the address outlined in Clause 1, or by emailing firstname.lastname@example.org. Failure to do so will result in you being deemed to have accepted the Goods in question.
10.2. The Buyer is required to check all Goods before signing receipt and accepting them. If such Goods are deemed to be damaged or there is a shortage of items the Buyer is required to sign for the Goods stating clearly on the delivery note the damage or shortage identified or, alternatively, the Buyer must refuse the goods. Signing for the Goods ‘unchecked’ or similar does not release the Buyer from the responsibility of checking the goods for damage or shortage.
10.3. If you do not receive Goods ordered by you within 30 days of the date on which you ordered them, you must notify us in writing, either by recorded post using the address outlined in Clause 1, or by emailing email@example.com. This notification must be sent within 40 Days of the date on which you initially ordered the Goods.
10.4. If you notify a problem to us as outlined in Clauses 10.2 to 10.3 above, our only obligation will be, at our option:
10.4.1. to rectify any shortage or non-delivery;
10.4.2. to replace or repair any goods that are proven to be damaged or defective; or
10.4.3. to refund to you the amount paid by you for the goods in question onto the payment card used during the ordering process.
10.5. Other than specifically listed in Clause 10 above, we make no representations or warranties of any kind, either express or implied, in relation to the Website or the Goods supplied. Furthermore, all terms, conditions or warranties implied by statutory or common law relating to the Website or the Goods are excluded from the agreement to the fullest extent permitted by law. In addition, we do not represent or guarantee that the information accessible via the Website is accurate, complete or current.
10.6. Except for that which is precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) and/or loss from claims of third parties arising out of information gained from the Website and/or use of Goods supplied. Moreover, we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for any Goods in question as stated in Clause 10.5.3 above.
10.7. The Buyer must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits required in order to purchase Goods from our site. You must therefore check that the importation or exportation of any of our Goods to you is not prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of any Goods you purchase from us.
10.8. Aumeria Inc. shall not incur or accept any liability concerning any representation made by the Seller (or made on the Seller’s behalf) to the Buyer (or any person acting on behalf of the Buyer) prior to the making of the contract (except in relation to any fraudulent misrepresentation);.
10.9. Aumeria Inc. shall not accept any liability to you for any servicing or repairs that are carried out by third party approved or any other service centres.
10.10. Aumeria Inc. shall not accept any liability to you for any injuries or damages caused by regular driving of purchased Goods and/or as a result of your failure to comply with the Highway Code or any other mandatory driving laws and regulations. A helmet highly recommended to be worn at all times whilst riding the Goods and appropriate protective clothing should also be worn. Please note that all Goods are supplied for public highway road use.
10.11. Notwithstanding the foregoing, the objective of these terms and conditions is not to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded.
11. Qee Website
11.1. We will make every reasonable effort to ensure that the information provided on our Website at any time is accurate and up to date. However, we accept no liability for any errors or omissions that might be found on our Website. In all instances where we are advised of such errors and omissions we will endeavour to correct matters as quickly as practicable after becoming aware or being notified.
11.2. All illustrations, photographs, descriptive text and specifications of Goods described on our Website are provided for illustrative purposes only.
11.3. We reserve the right to change, suspend or discontinue any aspect of the Website, including general content and the availability of particular products, accessories, or features, restrict access to certain parts or the entire Website without notice or liability.
11.4. It is expressly forbidden to create any unauthorised deep linking to or framing of the Website or indeed to create any derivative works thereof from any other Website under your management or control.
11.5. All intellectual property rights contained within the Website shall be owned by Qee Moto Limited, UK absolutely. Furthermore, any goodwill accruing from the use of the Website and any trademarks, trade and business names and service marks under this agreement will vest in us.
12. Force Majeure
12.1. Aumeria Inc. shall have no liability under or be deemed to be in breach of contract should any delays or failures in performance of the contract occur due to circumstances beyond our reasonable control. We shall promptly notify you in writing when such circumstances occur and when they subsequently cease to cause a delay or failure in performance. If such circumstances continue for a continuous period of more than six months, you may terminate the contract by written notice to us.
13. Changes to Terms & Conditions
13.1. Aumeria Inc. reserves the right to amend these terms and conditions from time to time and place the new version on the Website. Any purchases made via the Website will be subject to the terms and conditions that are in place at the time when that purchase is made, regardless of any alternative terms and conditions that may have been in place previously. Should we make any amends to these terms and conditions, we will highlight this fact on our Website. In relation to clause 12 (or any other clauses that regulate your use of the Website) your continued use of the Website following our notification of any changes will constitute your acceptance of such changes. If you do not agree to any changes to the terms and conditions, please cease using the Website.
14. Entire Agreement
15.1. The rights and remedies provided within in these terms and conditions are cumulative and are not exclusive of any rights and remedies provided by law.
15.2. Any failure or delay by us in exercising any right, power or privilege stipulated within these terms and conditions shall not impair the same or operate as a waiver of the same, nor shall any single or partial exercise of any right, power or privilege preclude any further exercise of the same or the exercise of any other right, power or privilege.
16. Agency Partnerships
16.1. These terms and conditions shall not constitute or imply any partnership, joint venture, agency, fiduciary relationship or other relationship between the Parties other than the contractual relationship expressly provided for in the terms and conditions. Neither Buyer nor Seller shall have, nor represent that they have, any authority to make any commitments on the other’s behalf.
17. Further Assurance
17.1. Both Buyer and Seller shall, at the request and expense of the other, execute and carry out any deeds or actions which are reasonably necessary in order to carry out the provisions of these terms and conditions or to make them easier to enforce.
18.1. If any provisions contained within these terms and conditions is judged by a court to be unlawful, void or unenforceable, the provision shall be removed from these terms and conditions and rendered ineffective as far as possible without modifying the remaining provisions of this agreement. This shall not in any way affect any other circumstances of or the validity or enforcement of these terms and conditions.
19.1. In this Agreement, unless the context specifies otherwise, interpretations should be assumed as follows:
19.1.1. words importing any gender include every gender;
19.1.2. words importing the singular number include the plural number and vice versa;
19.1.3. words importing persons include firms, companies and corporations and vice versa;
19.1.4. any obligation on any Party not to do or omit to do anything is to include an obligation not to allow that thing to be done or omitted to be done;
19.1.5. any reference to an enactment includes reference to that enactment as amended or replaced from time to time and to any subordinate legislation or byelaw made under that enactment;
19.1.6. where the word ‘including’ is used in this Agreement, it shall be understood as meaning ‘including without limitation’.
20.1. Any notice to be given to us under these terms and conditions must be made in writing and shall be sent by first class recorded or registered mail to Aumeria Inc. registered address at the time or alternatively by emailing firstname.lastname@example.org. Any notice to you will be sent to the address provided by you during the ordering process.
20.2. Any notice sent as outlined in Clause 21.1 above shall be deemed to have been received three working days after the day of posting (in the case of inland first class mail), or seven working days after the date of posting (in the case of air mail).
20.3. In order to prove that a notice has been given it shall be sufficient to prove that the envelope containing the notice was properly addressed and posted, or that the applicable means of telecommunication was addressed and dispatched and that this dispatch was confirmed and/or acknowledged as the case may be.
21. Law and Jurisdiction
21.1. The validity, construction and performance of these terms and conditions shall be governed by English law and shall be subject to the exclusive jurisdiction of the English courts to which both the Buyer and Seller submit.