PROJECT42 CONSUMER TERMS OF SALE

CONSUMER TERMS OF SALE

Dear Customer


Thank you for choosing Project42. Please read these Terms and Conditions carefully. Your purchase is from Project42 Future Tech Limited ('Project42) or such other Project42 legal entity as may be identified in your order confirmation. Please

  • read through these terms and conditions carefully before using this website.

  • print a copy for future reference.

1. Consumer Terms and Application

1.1 These terms and conditions govern the sale of Products by Project42 directly to you through Project42’s online store at https://www.firstwheel.com or through telephone orders only and are referred to as the “Consumer Terms”. The words “you” and “your” in these Consumer Terms mean you, being an individual or individuals purchasing Product(s) from Project42 for purposes which are outside your trade, business or profession. Please note that Project42 will not accept liability for any losses or damage incurred by any business, trade or profession carried on by you or any other person using Product(s) purchased under these Consumer Terms.


1.2 These are the key definitions in these Consumer Terms and Project42's Returns and Cancellations Policy:

“Project42 Warranty” means the standard warranty provided by Project42 in respect of any Project42 Product as set out in clause 5.1;

“Contract” means the contract for the sale of Products by Project42 directly to you in accordance with these Consumer Terms;

“Project42’s Online Store” means Project42’s online store at https://www.firstwheel.com;
“Project42 Product” means Project42 branded Product;

“Description” means the descriptions of Project42 Product(s) found at Project42’s Online Store;

“Intellectual Property” means any patents, registered and unregistered trade marks, registered and unregistered service marks, database rights, registered and unregistered designs and applications for all of the above, copyright, know-how, trade and business names, domain names, moral rights and any other similar protected rights in any country;

“Product(s)” means the electrically powered self-balancing mono-wheel personal transporters listed on Project42’s Online Store which Project42 agrees to sell to you in accordance with these Consumer Terms;

"Shipping" is a service provided by an external company hired by Project42 on behalf of the customer.

“Third Party Product” means any Product which is not Project42 branded and is available for purchase by you in accordance with these Consumer Terms;

The rights you have under these Consumer Terms are in addition to and do not affect the statutory rights and remedies you have under applicable consumer protection law. In the event of conflict between these Consumer Terms and applicable consumer protection law, your statutory rights under applicable consumer protection law shall prevail.

2. Order and Acceptance

2.1 You may place an order for Product(s) directly with Project42 either online or by telephone. The placing of an order by you represents your offer to buy subject to these Consumer Terms. Please note that the Contract between you and Project42 is formed only when Project42 accepts your order by issuing you with an Order Confirmation in writing.

2.2 Any Products forming part of your order which are not detailed in Project42’s Order Confirmation do not form part of that Contract. If you notice any inaccuracies or errors in your Order Confirmation, you must contact Project42 promptly upon receipt, and ideally immediately, so that Project42 has an opportunity to correct any mistake or clarify any misunderstanding before commencing delivery/performance.

2.4 If Project42 is unable to fulfil your order, Project42 will notify you, and any payment received by Project42 will be promptly returned.

3. Price and Payment

3.1 Project42 requires payment in full prior to delivery/performance, and will suspend delivery and performance until full payment is received. The price to be paid by you will be set out in the Order Confirmation. All prices are inclusive of VAT at the prevailing rate but are not inclusive of delivery charges unless otherwise stated. Your method of payment will be as set out in the payment information on Project42’s Online Store.

3.2 In the unlikely event of any discrepancy between the price set out in the Order Confirmation, and the price stated on Project42’s Online Store or other advertising, you should contact Project42 immediately.

3.3 If you are buying the Product(s) in the UK or any European Union member state you will be charged VAT at the time of Purchase.

4. Delivery, Ownership and Risk

4.1 It is important that you examine the Product(s) carefully upon delivery. If you discover that anything listed in your Order Confirmation is missing, incorrect or damaged, you must promptly notify Project42 in writing or by email. This will give Project42 the opportunity to suggest an appropriate solution, which may include a price refund, replacement, or repair services.

4.3 Once Project42 delivers Product(s) to you (or your representative) you will take on the risk of damage to or loss of the Product(s)

4.4 Ownership of Product(s) will pass to you once Project42 receives payment in full, or when Project42 delivers the Product(s) to you (or your representative), whichever is later. That transfer of ownership of the Product does not mean that you own any Intellectual Property in the Products you purchase from Project42. Ownership of such Intellectual Property remains with Project42 and any applicable software licensors. If the Contract is terminated before that passing of ownership occurs, Project42 may recover any Product(s) supplied to you and you agree to assist Project42 in such circumstances.

4.5 Project42 retains title to all Project42-owned Intellectual Property in Products.

5. Returns

5.1 You can cancel the purchase of any Project42 Product before it is despatched and following the despatch of the Project42 Product you my may return it for a refund provided that you follow the procedure set out below:

5.1.1 You need to let Project42 know that you have decided to cancel within 7 calendar days of receipt of the Project42 Product - you can do this by phone or email - and you must then return the Project42 Product to Project42 within 14 calendar days of receipt at the return address Project42 notifies to you and at your expense.

5.1.2 Any returned Project42 Product must be returned to Project42 unused and in the original condition you received it from Project 42 together with the undamaged original packaging, all items and literature enclosed with the Project42 Product and a photocopy or the original of Project42's receipt for the payment for the item. You are responsible for the cost of returning the Project42 Product to Project42.

5.1.3 You must take reasonable care of the Project42 Product following receipt and package it adequately to avoid damage in transit.

5.2 We advise you to send the Project42 Product back by a recorded post service and obtain a proof of postage as we cannot be held liable for any goods lost in transit to us. The Project42 Product will be your responsibility until it is delivered to the return address we notify to you.

5.3 On receipt of the Project42 Product in undamaged condition in accordance with the terms of clause 5.1 we will refund the full purchase price to you using the same payment method you used. If the Project42 Product is not returned to Project42 in undamaged condition in accordance with the terms of clause 5.1, Project42 may in its absolute discretion decline to make a refund or reduce the amount of the refund to reflect any reduction in the value of the Project42 Product resulting from your failure to comply with clause 5.1

5.4 This returns policy does not take away any statutory rights you may have

6. Assignment and Subcontracting

The Contract formed under these Consumer Terms is personal to you and you are not permitted to assign or transfer it to any other person without Project42’s prior written consent. Project42 has the right to assign the Contract to any company or entity for business reasons.

7. Limitation of Project42’s Liability

7.1 The Products are supplied only for use in a domestic, non-commercial, environment in a manner which is consistent with the specification, functionality and service standards described in the Product Description. Project42 shall not be liable for losses relating to any business of yours, such as lost revenue, income or profits, lost data or business interruption.

7.2 You must take reasonable care of the Products in accordance with the guidance for the care and maintenance of the Product(s) set out in any user instructions and/or manual supplied by Project42.

7.3 You must use the Product(s) strictly in accordance with all safety advice set out in any user instructions and/or manual supplied by Project42.

7.4 Products are not tested or stated to be fit for any particular purpose unless expressly stated in the Product Description and any term warranty or condition expressed, implied, or statutory to the contrary is excluded to the maximum extent permitted by law. You must rely upon your own skill and judgement in assessing the suitability of Product(s) for any particular purpose.

7.5 All terms (expressed or implied) relating to the quality of Products are warranties only, the breach of which gives no right to reject the Product(s) or repudiate the contract.

7.6 Neither you nor Project42 shall be responsible for any losses suffered as a result of a breach of this agreement by the other party, except to the extent that those losses are a foreseeable consequence of the breach. If any Product develops a fault, you should promptly notify Project42 and seek our advice.

7.7 Neither you nor Project42 will be liable for any delay or failure to perform its obligations under these Consumer Terms if such delay or failure is caused by an event or events beyond its reasonable control, such as for example and without limitation: third party strike action, terrorism, war, natural disasters, severe weather, unforeseeable manufacturing or transport disruption affecting suppliers.

7.8 Project42's liability (in contract, tort or otherwise) arising from a breach of an contract under these terms and conditions to sell you any Product(s) shall not exceed the invoice price of the Product(s) sold to you under the contract. This limit will not apply to any liability of Project42 for death or personal injury resulting from negligence.

8. Privacy and Data Protection

8.1 Personal data obtained by Project42 from you shall be held and processed in accordance with all applicable laws and consistently with Project42's Privacy Policy. Please review Project42’s Privacy Policy in order to understand our privacy and data protection practices on: https://www.firstwheel.com

8.2 You consent to the processing of your personal data in accordance with the above.

9. General

It is agreed:

9.1 If you breach these Consumer Terms and Project42 takes no action, Project42 will still be entitled to exercise its rights and remedies in respect of that breach at a later date, or in any other situation where you breach these Consumer Terms.

9.2 This Agreement is the entire contract between you and Project42 with respect to its subject matter and supersedes all prior oral and written understandings, communications, or agreements between you and Project42

9.3 If any provision of any these Consumer Terms is found to be unenforceable or unreasonable for any reason whatsoever, then the rest of Consumer Terms shall not affected by the unenforceable or unreasonable part shall remain effective and binding upon you and Project42. 

10. Amendments to these Consumer Terms

Project42’s standard terms and conditions of sale can be viewed on https://www.firstwheel.com Project42 will update these from time to time, giving thirty (30) days prior notice on the site of any changes which are to be introduced. Any future changes will not affect Contracts already concluded, unless the changes are required to be made and given retrospective effect by any law or government authority (in which case it will apply to Contracts if required to do so).

12. Law and Jurisdiction

The Contract is governed by English law, and the courts of England and Wales shall have exclusive jurisdiction in relation to the Contract.