Deposit

Please note that the deposit is paid on the understanding that the vehicle ordered is subject to a firm agreement to purchase and is treated as such. The deposit will secure the vehicle for 7 days or longer if agreed with a company director.

Title

The goods shall remain our property until the full funds are received and cleared. A cheque given by you in payment shall not be treated as paid in full until the cheque has been cleared. The proceeds of any goods re-sold by you prior to the cheque having been cleared are to be held by you in trust for us. The risk in the goods passes to you when you take delivery.

Payment

We are unable to accept cash payments over £5000 sterling. We will accept Bank transfers, bankers drafts, building society cheque and most major debit and credit cards.

When paying by credit card a 1.99% charge is applicable to all payments.

We are unable to accept American Express cards.

Availability

All orders are subject to current availability of products. If the product you order is not in stock we will contact you and notify you of the estimated delivery date. If this delivery date is longer than 30 days after notification, you have the right to cancel the order and any funds received by us will be returned to you in full.

Acceptance of your order

We must receive payment of the price of the products and the delivery charges before we can process your order. We reserve the right to restrict the number of products you may order and to refuse any order. If you have provided us with your email address you will receive an email from us confirming that we have received your order. Our acceptance of your order takes place upon delivery of the products. Only when we have accepted your order is there a binding contract created between us. Please also note while we endeavour to supply the colour ordered we reserve the right to supply other colours unless specifically stated otherwise. In the event of your chosen colour not being in stock we will contact you and make sure that the replacement colour is satisfactory.

Delivery charges

Please note that delivery charges for all products will apply unless an appointment has been made to collect the product in person from our warehouse or appointed dealer.

Price changes

If after the date of this order and before delivery of the goods to you, the manufacturers or importers recommended price of any goods is changed, we shall give notice of any change to you. Whilst we try to ensure that all prices are accurate, mistakes can sometimes occur and if we discover an error in the price of products you have ordered we will contact you as soon as possible and give you the option of either reconfirming your order at the correct price or cancel it. If we are unable to contact you we will treat the order as being cancelled. If the order is cancelled, we will refund any money that we have taken from you.

Cancellation

If you cancel the order we will treat the contract as cancelled and seek reasonable damages which may be more, less or the same as the deposit placed. If you fail to take and pay for the goods within reasonable of notification that the goods are available for delivery, we may treat the contract as cancelled and seek reasonable damages which may be more, less or the same as the deposit placed. If you cancel the contract because of a price change notified by us to you, any deposit, which you have paid to us, will be returned to you. Should we have to give you notice that we wish to cancel this contract, for example due to the Manufacturer ceasing to produce the goods, we may pay you reasonable damages.

Right of cancellation

The United Kingdom's Distance Selling Regulations provide you with a right to cancel your order for products that you have purchased without viewing first hand. This right is valid at any time up to the end of the seventh working day following the day after the day on which you received the products. You do not need to give us any reason for cancellation. If you have visited one of our dealers or have visited us directly to view or be demonstrated on the product you are purchasing then distance selling regulations do not apply.

If you wish to cancel your order please email or call us immediately. Notice must be received in writing to notify us of your intention to cancel the order. Order number, date of purchase and contact details must be supplied. We would also appreciate if you could give your reasons why you have decided to cancel.

If you have already received the products you must and return them to us at the address we advise you to send them. We recommend you use recorded delivery service that insures the goods when returning them. Until you have returned the products to us, you must keep them in your possession and take reasonable care of them.

Delivery

Our aim here at Storm buggies is to get your order delivered within 7 working days of cleared payment.
We will try to ensure delivery of the goods (“Goods” in these terms and conditions is defined as our sales to you) by the estimated delivery date, but cannot guarantee the delivery date. If the delay is caused by circumstances beyond our control we will contact you and agree an alternative date. Please note that Storm buggies do not take responsibility for any money trey loss due to delays related to shipping, customs clearance and so on. Delays do not regularly occur and we will keep you informed at all times.

If we fail to deliver the goods within a reasonable time of the estimated date of delivery in this contract you may write to us, requesting to make time of the essence requiring delivery of the goods within 7 days. If the goods are not delivered to you within 7 days the contract shall be cancelled. If the contract is cancelled any funds paid by you shall be returned to you in full.

We will attempt to deliver products ordered by you to the delivery address stated on your order form. If products are returned to us as undeliverable we will contact you and make alternative arrangements. If the day of the delivery has been specifically arranged for your convenience and you are still not there to accept the delivery we have the right to charge you the full delivery charge incurred by us.

On delivery please check the goods for any damage before signing.  If the item is damaged, refuse to accept the item and point out to the delivery agent why. If the goods are contained within a box or packaging, please open the box and check all the contents for condition before signing. You will not become the owner of the products until they have been delivered, at which time they will also become your risk.

Use of Storm products

Only products specifically marked as road legal may be used on public highways and must be used in accordance with current DVLA restrictions and governing laws for road legal use.

Brush guards / Bars

Please note that all our products are sold with ‘brush guards’ which are designed to take light impacts only.

Every care should be taken not to roll the vehicle as serious injury could occur.

Safety clothing

ALWAYS wear a suitable helmet and use additional eye protection if the helmet does not have a factory fitted visor. Due to the Quadricycle falling into PLG (Private light goods) classification there is no legal requirement to wear any safety gear.

We strongly recommend the use of a full face helmet and gloves for driver and passenger at all times.

In the event of off road use it is also recommended that additional safety clothing is worn, such as driving boots and adequate clothing covering all areas of the body.

Pre Ride Inspections (PRI)

It is very important to carry out Pre Ride Inspections (PRI) before using the product.
Final adjustments should be made by the user of the vehicle, who should also routinely check ALL connections, nuts, bolts, screws, levers, wiring cables, brake units, chains, tyres etc. We also recommend the use of lock-tight on every bolt.

Following the first time you use your buggy, certain components will become loose as they bed in and settle.

We cannot be held responsible for any set-up-maintenance work carried out by you. Like all machinery, our vehicles will require adjustment and regular maintenance. It is advisable to undertake this task only if you have this knowledge or if not then use someone who has the required maintenance and technical skills.

Trade Warranty / Guarantee

All trade purchases are fully responsible for the labour required in a warranty claim. Performance Toys Ltd will supply any part free of charge if it is found to have a manufacturing defect within a 3 month period from invoice date on off road products and a 6 month period from the date of invoice on road legal products.

Retail Warranty / Guarantee

Storm would like all our customers to have complete peace of mind so we undertake to ensure that the pre-delivery work specified by the manufacturer or importer is carried out and that we will pass on the benefit of any balance of warranty or guarantee given by them to us subject to certain conditions.

Road legal products are supplied with 6 months guarantee against any manufacturer structural or mechanical defect unless otherwise stated in the product description.

Off road products are supplied with 3 months guarantee against any manufacturer structural or mechanical defect unless otherwise stated in the product description.

The buggy should only be ridden when the user is 100% confident that they have completed their Pre Ride Inspection (PRI). We will replace free of charge for the original purchaser any part of the vehicle that is found by the company to be defective, except those parts which are listed in the Warranty does not cover section. Defective parts must be sent back to the company if asked for, for inspection prior to sending out replacement parts. The purchaser must pay the postage cost for the returned part. This cost will be refunded once the new part is dispatched. We have the final decision with regards to replacement parts, no correspondence will be entered into.

This does not affect your statutory rights.

Servicing & maintenance

In order not to invalidate the manufacturers warranty, all vehicles once sold must be kept regularly serviced and maintained as required by the manufacturer.

Regular servicing as outlined in the manufacturers handbook (supplied) must be undertaken, service can be carried out any suitably qualified persons and an original invoice and full breakdown of work carried out must always be retained. In the event of a warranty claim these original documents must be available for inspection in order for the claim process to begin.

Warranty / Guarantee does not cover the following -

• Damage to any product bought from us that is caused by unreasonable use, including failure to provide reasonable and necessary maintenance, or failure to follow instructions properly.

• Any product used commercially, as part of a venture, resold or rented by you.

• Defects caused by alterations or modifications, accidents, incorrect use, including irregular maintenance, failure to carry out regular Pre Ride Inspections, damage caused by use in exceptional circumstance such as racing.

• General check over including; any fairing, plastic or metal trim, replacement stickers, slight marks, scratches abrasions, dents, cracks, normal wear and tear or chips. Chain, handlebar, throttle, clutch, carburettors, fuel pipe, nuts, screws, bolts, fasteners, cable ties, tightening or brake adjustments; tune ups on the engine, carburettors adjustments, choke adjustments or spark plug maintenance replacement of non-defective parts such as switches, dials, levers, nuts, bolts, screws, washers, seals, gaskets, cables, plugs, filters, starter ropes, carburettors, rubber pedals, tyres and tubes or any other part that may wear and require replacement in connection with normal use and maintenance of your product.

This does not affect your statutory rights.

How to claim

All faults MUST be reported in writing or email. You must include as much information as possible such as make, model, part number and date of invoice. Please also include photographic evidence if the fault is visible.  We will assess the problem and try to assist you as much as possible without the need for you to send the product back to us. This is intended to save you time and expense.

Intention of return

When serious defects occur we may ask you to return the product to us. You will need to either use the original packaging to return the product or ensure that the product is sufficiently protected to stop further damage occurring. We are not liable for transit damage.
If you intend to return a product please contact us and state your intention and a valid reason for the return. Please do not return the product without contacting us beforehand.

Returns policy

If the reason for return is because of an error on our behalf or if a product is damaged or defective, then when making a refund, we will credit our delivery charges. The item will not be returned if damaged by the user or due to problems caused by general wear and tear of the item, misuse and guidelines are not followed. To return a product under this Returns Policy, contact Storm using details given in the contact us section. You must provide us with the original invoice, dispatch note or other proof of purchase. Nothing in this Returns Policy affects any statutory rights you may have as a consumer.

Any item deemed unsuitable by the purchaser, must be returned by post at the expense of the purchaser. Faulty or damaged items must be returned by prior arrangement with us. No responsibility can be placed on us for goods lost or damaged in transit and the purchaser must obtain proof of posting. We will endeavour to correct the situation of missing or damaged items but ultimate responsibility is with the carrier.

The company will replace free of charge for the original purchaser any part of the product purchased that is found by the company to be defective. Defective parts must be sent back to the company for inspection prior to sending out replacement parts if we have asked for them. The management has the final decision with regards to replacement parts. Should we determine the nature of the part required to remedy the fault, we, in agreement with the customer, may supply replacement part(s) for the customer or customer's agent to make a repair. All goods are provided with a return-to-base warranty. It is the Buyer's responsibility to ensure the safe return of the goods for evaluation (i.e. to determine what repairs are required and or necessary) and at the Buyer's expense.

If you have sent your product in for repair not covered under warranty the cost will negotiable unless the fault in inherent.

Complaints & liability

If products we deliver to you are not as ordered or are damaged, defective or of incorrect quantity you should contact us within a reasonable time of delivery. We will replace the incorrect, damaged or defective products or make good the shortfall in quantity or, at our option, credit the price and delivery charges of those products to you. If you do not receive products ordered you should notify us within 7 days of the date of your order. We will deliver the products ordered or, at our option, credit the price and delivery charges of the non-delivered products to you, or if we have not accepted your order and have been unable to contact you, we will notify you of the reason for non-acceptance. Nothing in these Terms and Conditions shall be construed to exclude or limit any rights you may have as a consumer.

Third party rights

We may transfer our rights under the contract, but otherwise nothing in these Terms and Conditions shall give any person who is not a party to the contract any benefit or any right to enforce any of the terms of the contract.

Governing law and jurisdiction

Your order and the formation of the contract shall be governed by and interpreted in accordance with English law. The English Courts shall have jurisdiction to hear disputes between us.

Content

We have taken reasonable care to ensure the accuracy of the content.

Notice 

Any correspondence to you will be sent by Royal Mail to the address you have given us. Storm buggies will use any information collected to inform you about new products and services and to inform you how we serve you. Your data will be treated in accordance with European Legal provisions. Your information will only be disclosed to Storm buggies and its affiliated or associated companies, Agencies, Dealers or Companies providing services for your benefit. If you wish to view, update or rectify the data you have voluntarily given us, please contact us at the address below.

Should either party waive any of their rights under this agreement, it is not agreed that those rights have been waived permanently.

Performance Toys Ltd trading as Storm Buggies

Unit 1 Marlie Farm, Shortgate, Near Lewes, East Sussex, BN8 6PH

Registered in England

Company Registration Number: 5838554

VAT Registration Number: 896 435767