Terms and Conditions of Purchase

1. ABOUT US

superbikefactory.co.uk is a website operated by Superbike Factory Limited (“we” or “us”). We are a company registered in England and Wales under company number 08037214 and our registered office is at Snape Road, Macclesfield, Cheshire SK10 2NZ.

2. THESE TERMS

These terms (together with the documents referred to within) (the “Terms”) set out the terms on which you may access and use our website (“our Website”), and the services available on it (the “Services”).

These Terms govern your use whether you access our Services via a computer, mobile device, or some other means.

Please read these Terms carefully before you start to use our Website. We recommend that you print a copy of them for future reference.

By using our Website, you confirm that you accept these Terms and that you agree to comply with them.

If you do not agree to these Terms, you must not use our Website or any of the Services.

3. OTHER APPLICABLE TERMS

The following additional terms also apply to your use of our Website:

Our Privacy Policy sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Website, you consent to such processing and you warrant that all data provided by you is accurate.

Our Cookie Policy, which sets out information about the cookies on our Website.

4. CHANGES TO THESE TERMS

We may revise these Terms at any time without notice by amending this page. The amended Terms will be effective from the date they are posted to our Website. Your continued use of our Website or Services will constitute your acceptance of the amended Terms.

5. PERMITTED USE OF OUR WEBSITE

Our website has been designed to allow private individuals or businesses wishing to sell a motorbike on their own behalf (i.e. not as part of their own commercial activities) to obtain a valuation of their motorbike and to provide them with the opportunity to sell the motorbike to us.

In order to preserve and maintain the functionality of our Website and Services for everyone, there are a number of things you must not do. You must not:

• transmit any material designed to interrupt, damage, destroy or limit the accessibility or functionality of our Website or the Services;
• attempt to gain unauthorised access to our Website, the non-public parts of it, the server on which our Website is stored or indeed any server, computer or database connected to our Website, or from or through which the Services are provided;
• use any automated software, process, program, robot, web crawler, spider, data mining, trawling, or other ‘screen scraping' software, process, program, or system;
• use our Website or Services to create, check, confirm, update, modify, or amend your own or another person’s databases, records, or directories;
• use our Website in any unlawful, fraudulent, offensive, or abusive manner;
• attempt to copy our data or reverse engineer the Services the processes used on our Website;
• or do anything which might interfere with any other user’s enjoyment of our Website or Services.

6. ACCESS TO AND AVAILABILITY OF OUR WEBSITE

You are responsible for making all arrangements necessary for you to have access to our Website and Services, including using your own virus protection software.

Use of our website is free of charge. However, if you are using our Services for commercial purposes, or not in accordance with paragraph 5 above, we may decide to issue you with an invoice for each valuation you obtain (a “Commercial Online Valuation”). The cost per Commercial Online Valuation is £5 plus VAT.

We do not guarantee that our Website, Services, or any content we provide, will always be available without interruptions, or be bug, virus, fault or error-free.

We do not guarantee that our Website will be secure or free from bugs or viruses. You should use your own virus protection software.

We may suspend, withdraw, discontinue, or change all or any part of our Website, including your access to the Website, for any reason, at any time, and without notice.

7. LINKS

You may link to the publicly accessible pages on our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of us or our Services, such damage being determined by us.

You must not operate a link to our Website in such a way as to suggest or imply any form of association, approval or endorsement by us.

We reserve the right to require you to immediately remove any link to our Website at any time and we may withdraw any linking permission at any time.

Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the content of those sites or resources.

8. INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in our Website and in the material published on it. Those works are protected inter alia by copyright laws and treaties around the world.  All such rights are reserved.

You may print off one copy and may download extracts, of any page(s) from our Website for your own personal use.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences, or any graphics separately from any accompanying text.

9. VALUATION AND MOTORBIKE PURCHASE

Any valuation generated by www.wewantyourmotorbike.com based on the information you tell us about your motorbike (the “Motorbike”) and on the following general assumptions we make about your Motorbike (the “Assumptions”):

• it is not a non-runner;
• it has not ever been subject to an insurance write-off;
• it does not come with panniers;

You have the option during the valuation process to amend any of the Assumptions and provide us with some further detail about your motorbike.

We always carry out an inspection of your motorbike at an address of your choice before we offer to buy it. The initial valuation of your motorbike may differ if any false or misleading information is provided, including any aspect of its history, condition, unusual features, or customisation.

If, on inspection of the motorbike at the Appointment, we consider that the value of the Motorbike is affected by any aspect of its history or condition, including any unusual feature or customisation or anything which affects or limits the Assumptions we made about the Motorbike, which was not apparent to us when we gave the Valuation, the price that we may be willing to pay for it following an inspection (the “Price”) is likely to differ from the Valuation.

Price Guarantee

Subject to our inspection of the motorbike, the Valuation is guaranteed for seven days from the date on which we send it to you.

If there is a significant price change within the 7-day guarantee period, we will use reasonable endeavours to contact you to let you know that the Valuation has changed.

Purchase Contract

A binding agreement to purchase the Motorbike will only be made between us once you have signed our standard written purchase contract (the “Contract”). The terms and conditions that apply to the Contract can be viewed here.

Hand-over Requirements

At the time of making the Contract, we will expect you to provide us with:

• all copies of the motorbike’s keys you have;
• the motorbike’s registration document (together with appropriate proof of purchase if requested by us);
• the motorbike’s service history (if any);
• the motorbike’s MOT certificate (if any);
• the motorbike’s user manuals (if any); and

We will also expect you to remove any personal possessions from the motorbike once the Contract has been concluded. We will not be responsible for any personal items lost once the motorbike is in our possession.

If you fail to comply with these hand-over requirements, you agree that we have the right to withdraw any offer to buy the motorbike with immediate effect, to rescind or terminate any Contract with immediate effect, and/or to indicate a revised Price at which we will be prepared to purchase the motorbike.  If we elect to rescind the Contract, we will return the motorbike to you, and you will refund the Price to us.

Payment Options:

Our standard payment terms are four working days after the day on which you sell your motorbike to us.

Next Working Day Payment

For an additional fee of £24.75, we can arrange for you to receive payment on the next working day after the day on which you sell your motorbike to us. It is possible that events beyond our control may delay payment, and if that happens, we will not have any liability to you for the delay, save that we will refund the payment fee if it has been paid, or deducted from the Price, for the enhanced payment speed if the payment is not made within the timescales quoted on the invoice.

Premier Payment

For an additional fee of £29.75, eligible customers selling their motorbike can choose to have the payment made by Premier Payment to your account, at the point you agree to sell your motorbike to us. This payment will leave our account shortly after completion of purchase, please be aware that it may take your bank or building society up to 2 hours to process a Premier Payment.

To qualify for this payment, you must be the registered keeper and have all the required documentation to complete the sale.

We may not be able to offer Premier Payment where further validation checks may be required. Examples include;

• You are settling finance (or where your finance company still has a registered financial interest)
• You are selling a motorbike on behalf of someone else, or for a business
• If HPI identified any discrepancies with the motorbike specification, or where HPI identifies any Category markers
• If you have owned the motorbike for a short period and we require documents to confirm this.

10. LIMITATION OF OUR LIABILITY

Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations, or other terms which may apply to our Website or any content on it, whether express or implied.

We will not be liable to any user for any costs incurred, or loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or relating to:

1.  use of, or inability to use our Website;
2. use of or reliance on any content displayed on our Website;
3. a virus, trojan, worm, logic bomb, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material (each a “Virus”) due to your use of our Website, or to your downloading of any content on it, or on any website linked to it;
4. your use of websites linked from our Website;
5. booking, arranging, canceling, or attending an Appointment.

We will not be liable for any delay or failure to perform any of any obligations under these Terms due to events or other matters beyond our reasonable control.

If you are a business user, please note that we will not be liable for:

1. loss of profits, sales, business, or revenue;
2. business interruption;
3. loss of anticipated savings;
4. loss of business opportunity, goodwill, or reputation;
5. any indirect or consequential loss or damage; or
6. our dealings with you resulting in any loss of opportunity, profits, sales, revenue, goodwill, or reputation.

If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and please note that, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

11. YOUR LIABILITY

You will compensate us in full for any losses or costs, including reasonable legal fees, we incur because of (i) any breach by you of these Terms; (ii) your use of our Website in violation of any law; or (iii) infringement of the rights of another person.

12. MISCELLANEOUS

If any term of these Terms is held to be illegal, invalid, or otherwise unenforceable, the remaining parts of the Terms will continue to be enforceable.

You may not assign, sub-license, or otherwise transfer any of your rights or obligations under these Terms to any other person.

These Terms do not give rise to rights that are enforceable by any person who is not part to these Terms.

If we do not exercise or enforce a right under these Terms against you at any time, this does not prevent us from doing so later.

13. APPLICABLE LAW

These Terms, its subject matter, and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction regarding these Terms and your access to and use of our Website (including any claims or disputes).

14. CONTACT US

To contact us, please email talktous@superbikefactory.co.uk