Terms & Conditions

The Facts

Goods

We can not warrant the suitability of goods for a particular purpose, and you should check specifications and compatibility with ourselves or manufacturers before ordering. Goods are not sold on a trial basis and all goods are offered for sale subject to being unsold at time of purchase. In the event of non-availability of goods, we will contact you to arrange alternatives or a refund where applicable.

All prices quoted include VAT at the current rate of 20%.

All goods remain the property of Seastar Superbikes until paid for in full.

Prices and manufacturers specifications are subject to change without notice.

Delivery

Dependent on stock levels, the majority of orders are dispatched within 24 hours of order. In the event that the goods need to be ordered from our suppliers this may take up to 7-21 days. Any further delay due to back order situations which are rare could take up to 28 days however we will be in touch to discuss this with you at the time. (PLEASE NOTE – We only dispatch and deliver Monday to Friday).

In the UK most orders are shipped by a national courier network and are insured against loss or damage until signed for by you. It is important to inspect the items for damage before you sign for delivery.

Due to security requirements it is NOT possible for you to collect from the courier depot, the goods must be delivered to you. Delivery is by Next Day courier (UK-Mainland Only) but please allow up 7 working days for delivery. Our couriers will attempt 2 deliveries – after this, the package(s) will be returned to our warehouse and you will be credited for the cost of the goods less the shipping charges that we have incurred.

Please note that we can only ship with free carriage on UK Mainland (Except Highlands) orders with a value of £100.00 or over. Orders under £100.00 will be subject to a delivery fee of £9.99.

Northern Ireland and the Scottish Isles and Highlands will have a flat rate delivery fee of £14.99.

Orders placed from outside the Uk Mainland will be subject to a carriage charge.

Payment Terms

We accept payment by Visa, Mastercard, Bankers Transfer or cash. PLEASE NOTE if immediate dispatch of products in stock is required, cleared funds are required prior to dispatch.  Please telephone 01508 471919 for further details.

Warranty/Guarantee

All goods are supplied with the Manufacturers Warranty.  In the event of any problems simply contact us on 01508 471919 or email us directly

Returns

In the event of any failure of any item purchased the following will apply:;

If an item is faulty on delivery simply send the item back to us, packed to the same standard as you received it, and we will repair (or replace as appropriate) and return at no cost. Any return costs incurred by you will be refunded.

If you are unable to send it to us we can collect for a nominal charge of £20 within the UK Mainland please contact us for returns costs for other areas such as N.I. and the Highlands.

If we have collected any item which proves not be be faulty, then the customer shall be liable to pay for the uplift and delivery charge.

If we have arranged any uplift for ANY reason from a customer, and the customer is not at home at the agreed time, or the goods are not able to be collected due to a lack of packing then we will either charge a £20 ‘journey’ fee (charged to us by our courier), or ask that the item be returned by the customer directly.

ALL returns must be authorised by email or phone by Seastar Superbikes before sending back to us. This is to ensure correct tracking of your goods, and any refunds or replacements that may be given.

Please ensure that the returned items are boxed and well padded for the journey back to us. Failure to do so may result in damage to the item which we will not be held responsible for.

Consumer Protection – Mail Order

In accordance with consumer protection (Distance Selling) regulations 2000, the consumer has seven working days in which to cancel the contract of sale. The goods must be unused, boxed, with all accessories, and in ‘as new’ condition. Any claims for damage, non-functionality and mis-shipping must be made within 7 days of receipt.

After this date, faulty goods returned within a reasonable time will be refunded or replaced as compliant with the amended Sale of Goods Act 1979.

We reserve the right to charge a restocking fee of up to 25% on goods which prove to be non-defective.

You are responsible for ensuring safe delivery of the returned item.

In the case of a refund (when the sale has been cancelled) we will NOT refund the initial carriage charge. Also we will charge a collection fee (typically £20 although this will vary dependent on your marketplace) if the customer is unable to return the goods themselves.

These terms and conditions do not affect your statutory rights. All goods are sold subject to the The Sale of Goods Act 1979, the Sale and Supply of Goods Act 1994, the Unfair Contract Terms Act 1977. E&OE. and the Distance Selling Act 2000.

Site Security

All payment transactions on our site are performed using a secure server with 128 bit SSL encryption. Transactions are made on our behalf by Sagepay and or Pay4Later.

Complaints

We are committed to offering excellent service and would hope that the cause to complain will never arise. In the unlikely event you have a complaint, we aim to resolve any issue withing 24 hours. Contact us

We will ensure that we acknowledge your complaint within 3 working days of receiving it aiming to resolve every / any example successfully on the day in question, however if it cannot be resolved within the same day we aim to resolve all complaints within a maximum of 14 working days and will ensure we keep you, the customer updated on progress regularly.

CONTRACT OF SALE – Legal

1. DEFINITIONS

1.1. “Client” means the individual who has ordered the Products under this Contract. The Site is intended for the exclusive use of consumers, therefore it is reserved to retail sales. The possibility to purchase products on the Site is therefore reserved to a subject intended as ”consumer”, defined by current laws as ”any physical person who acts for purposes other than the entrepreneurial, business, handicrafts or professional activity performed”. Should the Client not be a ‘’consumer’’, he/she shall abstain from sending an order to Seastar Superbikes.
“Order” means the request form about goods or services offered by Seastar Superbikes, submitted by the Client to Seastar Superbikes through the Site.
“Products” means goods and services specified in the Order sold or supplied by Seastar Superbikes under this Contract.
“Price” means the consideration for the Products and the delivery cost, as specified in the Contract.
“Contract” means the Products contract of sale, regulated by the present general terms and conditions.
“Parties” means Seastar Superbikes and the Client.
“Site” means the web site www.seastarsuperbikes.co.uk owned and operated by Seastar Superbikes with registered office at The Garage, Newton Flotman, Norwich, Norfolk NR15 1PN

2. PRODUCTS SALE

2.1. The Products are sold and supplied under the terms and conditions provided by the Contract published on the Site at the time of the Order, with the exclusion of any other terms or condition, with the characteristics posted on the Site at the time of the Order.
2.2. The Contract is concluded by Parties when the Client Order is received by Seastar Superbikes.
2.3. Products are sold until run out of stock.
2.4. Prices and Products are subject to change in any moment with no prior notice.
2.5. This Web Site may be accessed by users internationally and may contain references or cross references to Products that are not available or are prohibited in the Client country. Such references do not imply that Seastar Superbikes intends to make available in your country such Products or that such Products may lawfully be purchased and used in your country.
2.6. Seastar Superbikes reserves the right without prior notice to discontinue any Products or change specifications at any time without incurring any obligations.
2.7. Seastar Superbikes reserves the right to make any changes and improvements to any product with no obligation to make such changes to the Product sold prior to change introduction.
2.8. All Products explicitly for sale or in any case pictured on the Site are for sale in the indicated countries only.
2.9. Products specifications may vary from country to country depending on local laws, and some Products are not available in certain countries.
2.10. Please note that many countries prohibit the importation, registration and/or use of Products not built in accordance with their local specifications.

3. Liability for damage caused by faulty products

3.1. The provisions set forth European Directive 85/374/EEC and Italian Legislative Decree no. 206/2005 (Consumers’ Code) in respect to the damages caused by a faulty product, are applied. The Seller, as distributor of the products presented on the Site, is relieved from any liability, none excluded and/or excepted, indicating the name of the relative product manufacturer.

 4. ACCEPTANCE OF THE PRODUCTS

4.1. Unless the Client, within and not beyond 7 (seven) days from the delivery time, notifies Seastar Superbikes in writing as to the presence of possible defects in the Products, the Products will be considered approved by the Client at the delivery time.
4.2 In accordance with consumer protection (Distance Selling) regulations 2000, the Client has seven working days in which to cancel the Order. The Products must be unused, boxed, with all accessories, and in ‘as new’ condition. Any claims for damage, non-functionality and mis-shipping must be made in writing within 7 (seven) days of receipt. After this date, faulty Products returned within a reasonable time will be refunded or replaced as compliant with the amended Sale of Goods Act 1979.
4.3 Seastar Superbikes reserve the right to charge a restocking fee of up to 25% on Products which prove to be non-defective.
4.4 The Client is responsible for ensuring safe delivery of the returned Products. We remind you that the returned product has to be intact and returned in the same conditions that it was received: that is in perfect conservation status, unused, equipped with the original package and any / all possible included accessories.
4.5 In the case of a refund (when the Order has been cancelled) Seastar Superbikes will NOT refund the initial carriage charge. Also Seastar Superbikes will charge a collection fee (typically £20 in the UK, this charge will vary internationally, details can be requested and obtained by emailing info@seastarsuperbikes.co.uk if the customer is unable to return the Products themselves.
4.6 These terms and conditions do not affect your statutory rights. All Products are sold subject to the The Sale of Goods Act 1979, the Sale and Supply of Goods Act 1994, the Unfair Contract Terms Act 1977. E&OE. and the Distance Selling Act 2000.

5. CLIENT OBLIGATIONS

5.1. The Client must check, before submitting his/her Order, eventually with his/her local Seastar Superbikes Dealer too, for details on the lawful purchase and use of any Products listed or displayed in the Site in his/her own country.
5.2. The Client is the only responsible for the purchase and use of Products.
5.3. The Client must use all Products appropriately and give all reasonable information and facilitation to Seastar Superbikes to allow Seastar Superbikes to carry out its own contractual obligations.
5.4. The Client must follow any normative prescription to him/her which is applicable.
5.5. The Client, using and eventually assembling or installing the Products, undertakes to carefully read the relevant information, warnings and instructions supplied with the Product about its assembling and use and to strictly follow their prescriptions.
5.6. If the Client hasn’t a sufficient capability and technical preparation to install or to assemble correctly the Product or He/She thinks in good faith to not have it, the Client undertakes to let install or assemble the Product by technically prepared and qualified personnel.
5.7. Fitting a motorbike with specific Products could affect the motorcycle type approval and compliance with the legal requirements and thus lead the owner or user to infringe the prevailing rules.
5.8. With reference to the Products marked with any compliance symbol, the Client is expressly warned that he/she will have to check, before submitting his/her Order, that the use of such Products does not infringe the prevailing national rules as for type approval and road circulation.

6. PRICE AND PAYMENT OF THE PRICE

6.1. The payment must made by the Client by credit / debit card and in its entirety at the time of the Order.
6.2. The Price for Products will be the price set by Seastar Superbikes on the Site and, in any case, the Price displayed on the Site at the Order time on the same Order.
6.3. The total Price displayed on the Order, VAT included if due, is before customs charges and any other sale tax, that the Client undertakes, since now, to pay in addition to the Price according to the country law in which the Products will be delivered.
6.4. The Price doesn’t include Product assembly and installation cost.

7. INTELLECTUAL PROPERTY RIGHTS

7.1 The Client declares to be informed that all the contents present on the Site are protected by copyright and other applicable provisions on intellectual property: all the rights are owned by Seastar Superbikes, Seastar Superbikes Motor Holdings SPA or third parties.
7.2 The contents of the Site cannot be reproduced in full or in part, transferred with electronic or traditional means, modified, or used for any purpose without the previous written approval of Seastar Superbikes or relative third parties entitled.

8. PRODUCTS WARRANTY.

8.1. Seastar Superbikes, according to European Directive 44/99/EC grants to the Buyer a legal warranty on the purchased product for any conformity defect in relation to the sales agreement, that stands out within 12 (twelve) months from delivering the product to the Client.
8.2. The legal warranty allows the Client, in case of conformity defects of the product, to request the repair (if possible), replacement of the product, price reduction or resolution of the agreement, by contacting Seastar Superbikes directly, within reasonable times in view of the nature of the product.
8.3. The non-compliant use of the product compared to that envisaged and instructions/warnings provided by Seastar Superbikes and/or manufacturer of the product is not covered by the warranty. Seastar Superbikes does not guarantee in any way that the Products are fit for any purposes beyond their typical and intended use and the Client expressly declares to have been not induced to order the Product on a specific request related to the using aims.
8.4. The possible notice of a non-conformity defect of the product shall be presented together with the product receipt released by Seastar Superbikes (tax document issued by Seastar Superbikes or payment receipt).
8.5. Within the term specified in previous paragraph 8.1, the notice of a non-conformity defect shall be sent by the Client within 1 (one) month from the date in which the non-conformity defect was discovered.
8.6. The notice of the non-conformity defect shall be sent by the Client to Seastar Superbikes by email, at info@seastarsuperbikes.co.uk; Seastar Superbikes will promptly notify the Client about the methods through which he/she can return or submit the product.
8.7. Seastar Superbikes will carry out quality checks through its assistance service, aimed at checking the actual non-conformity of the product and will give a feedback to the Client by email at the Client’s address provided when registering to the Site.
8.8. In case of proven non-conformity of the product, Seastar Superbikes will refund the shipping costs for returning the non compliant Product to the Client and will repair or replace the product with a new one, without any cost to the Client; in the latter hypothesis, the non compliant, returned product will remain the property of Seastar Superbikes.
8.9. The aforementioned reimbursement will take place through bank transfer in favour of the Client. The Client will notify the bank details to Seastar Superbikes as to where to issue the bank transfer in his/her favour and in order for Seastar Superbikes, to return the sum due, always by sending an email to info@seastarsuperbikes.co.uk.

CONTRACT OF SALE – Delivery and Shipments

1. DELIVERY, SHIPMENTS, TRANSFER OF TITLE AND RISKS

1.1 The Products, if goods, will be delivered to the address specified on the Order by the Client.
1.2. The delivery of the products will take place within 60 (sixty) days of the Order receiving date by Seastar Superbikes. The delivery dates listed on the Site are purely as an indication and not binding for Seastar Superbikes. The Client will be informed of any changes to this fact.
1.3. If the Products, subsequent to the Order, became unavailable, Seastar Superbikes may, at its discretion, replace the Products with another of corresponding value or return what has been paid.
1.4. The property and risk of Products pass to the Client at the moment of delivery to the address specified on the Order by the Client.
1.5 Should the Products be delivered in a country not belonging to the European Union, the total price indicated in the Order and confirmed in the order confirmation including VAT, is net of possible duties and any other sales tax, that the Client agrees to pay if due, in addition to the price indicated in the Order and confirmed in the Order confirmation, according to applicable laws in the country in which the Products will be delivered. To receive information on possible duties or applicable taxes in your home country or destination country of the products, the Client is invited to consult the competent bodies of his/her home country or destination country of the Products.
1.6 Any other potential cost, fee, tax and/ or duty that a certain country may apply to the ordered products at any title according to this agreement, will be paid exclusively by the Client.
1.7 The Client declares that the failure to actually know the costs, fees, duties, taxes and/or levies indicated in previous paragraphs 1.5 and 1.6 when sending an order to Seastar Superbikes will not constitute a reason to terminate this agreement and these will not be debited to the Seller under any circumstances.

CONTRACT OF SALE – Payments

Forms Of Payment

www.seastarsuperbikes.co.uk allows you to choose among two different forms of payment by either credit or debit card

Invoice and Value Added Tax (VAT)

During the checkout process, you will be asked to insert specific invoicing data: for convenience, these will be available to you during the following purchases, but you will be able to edit them at any time.
Your invoice will be sent to you by email.
The VAT (where applicable) is already included in the price that you see on all the pages of the website and in the shopping cart.

Website Security

www.seastarsuperbikes.co.uk guarantees you secure shopping, using the highest security standards to protect your personal data and the information regarding your credit card from any unauthorised access.

All payment transactions on our site are performed using a secure server with 128 bit SSL encryption. Transactions are made on our behalf by Sage Pay and Isle Of Man Bank which guarantees one of the highest level of protection in the e-commerce field.

Motorcycle Sales

Distance contract and off-premises contract cancellation terms and conditions.

Seastar Superbikes display and sell motorcycles on a collection only basis. We will endeavour to assist in organising delivery at your request. On doing so we are entering a delivery contract on your behalf at your request.

This delivery is carried out by an agreed 3rd party courier at the cost that you have agreed.

On the basis that you have not seen the Motorcycle prior to delivery, this contract falls under Distance Contract terms.

Distance Contract Terms

  1. If this Agreement has been conducted without any face to face contact between us the dealer and you the customer, or anyone acting on your respective behalf, you, the customer may give notice to cancel this contract within 14 days without giving any reason.
  1. The cancellation period will expire after 14 days from the day on which you, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
  1. To exercise the right to cancel, you must inform us of your decision to cancel this contract by clear statement (e.g. a letter sent by post or email) to our address details above.
  1. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
  1. If you cancel this contract, we will reimburse to you all payments from you for the Motorcycle (plus any ancillaries) less any costs that are required – see section 12.
  1. We will make the reimbursement without undue delay, and not later than 14 days after the day on which we receive the goods back.
  1. We will make the reimbursement using the same means of payment as you have used for the initial transaction, unless you have expressly agreed otherwise; in any event you will not incur any finance related fees as a result of the reimbursement.
  1. You shall send back the goods or hand them over to us at Seastar Superbikes, The Garage, Ipswich Road, Newton Flotman, NR15 1PN. without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
  1. You will be responsible for the return of the goods by the set date and will bear the cost of returning the goods.
  2. You must take reasonable care of the goods and will be responsible for any loss or damage from when they are delivered until when they are returned to us. You are liable for any diminished value of the goods resulting from the handling other than that which is necessary to establish the nature, characteristics and functioning of the goods.
  3. If you requested to begin the performance of any services during the cancellation period, you shall pay us an amount which is in proportion to what had been performed until you have communicated us your cancellation from this contract, in comparison with the full coverage of the contract
  4. If you the customer decide to return the Motorcycle a fee of £1 plus VAT per mile over the first 100 miles will be charged. The vehicle must return to us in the same showroom ready condition as it arrived, free of any additional marks or damage. A fee of £280 plus VAT may be charged for valeting if this is not the case. Any damage to the vehicle or excessive wear will be repaired by us and charged to you the customer at £70 plus VAT per hour plus the cost of any parts required. This will be deducted from your reimbursement.