Last updated: March 01, 2023
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://the-powerbase.co.uk website and any related Powerbase® Lawn Mower, Strimmer, Cordless Lawnmower mobile application (together, or individually, the “Service”) operated by Powerbase (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Service.
Accounts
When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. We encourage you to use “strong” passwords with a combination of upper and lower case letters, numbers and symbols. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of Powerbase and its licensors. The Service is protected by copyright, trademark, and other laws of the United Kingdom and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Powerbase.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Powerbase.
Powerbase has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Powerbase shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Termination
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Indemnification
You agree to defend, indemnify and hold harmless Powerbase and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.
Limitation Of Liability
In no event shall Powerbase, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Powerbase, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Exclusions
Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will Powerbase ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Powerbase or any person for whom Powerbase is responsible, and even if Powerbase has been advised of the possibility of such loss or damage being incurred.
Governing Law
These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Contact Us
If you have any questions about these Terms, please contact us at [email protected].
Product Warranties
Powerbase Battery and Charger Warranty
Powerbase batteries and chargers are warrantied to be free from defects in materials and workmanship for a period of 2 years from the date of original purchase when used under normal household conditions.
If a battery or charger exhibits defects during this warranty period, Powerbase will, at its option, either repair or replace the product at no charge. Please contact Powerbase customer service to process any warranty claims.
This limited warranty does not apply to:
- Batteries or chargers that have been subjected to misuse, abuse, neglect or accidents.
- Batteries that have been improperly charged or discharged.
- Normal decrease in battery capacity due to usage and aging.
- Batteries used in other Powerbase tools for which they were not designed.
Proof of purchase is required to validate the warranty period. Please retain your receipt or invoice.
Powerbase Power Tool Warranty
Powerbase power tools are warrantied to be free from defects in materials and workmanship for a period of 3 years from the original date of purchase.
If a tool exhibits defects during the warranty period, Powerbase will, at its option, either repair or replace the product at no charge. Please contact Powerbase customer service to obtain a return authorization and process any warranty claims.
This limited warranty excludes:
- Damage caused by normal wear and tear, accidents, misuse or alterations.
- Tools used for commercial, industrial, professional or rental purposes.
- Damage caused by failure to provide proper care and maintenance.
- Damage incurred during transportation.
Proof of purchase is required to validate the warranty period. Please retain your receipt or invoice.
Powerbase Petrol Tool Warranty
Powerbase petrol-powered tools such as lawn mowers, tillers, chainsaws etc. are warrantied to be free from defects in materials and workmanship for a period of 2 years from the original date of purchase.
If a petrol tool exhibits defects during the warranty period, Powerbase will repair or replace the product at no charge. Return shipping costs are the responsibility of the customer. Please contact Powerbase to obtain a return authorization and process any warranty claims.
This limited warranty excludes:
- Damage caused by normal wear and tear, accidents, misuse or alterations.
- Tools used for commercial, industrial, professional or rental purposes.
- Damage caused by improper maintenance or improper fuel/oil mixtures.
- Damage incurred during transportation.
Proof of purchase is required to validate the warranty period. Please retain your receipt or invoice.
Return Policy
Powerbase aims for customers to be completely satisfied with every purchase. If you need to return a product purchased directly from Powerbase, please review the following policies:
- Returns are accepted within 30 days of the original purchase date.
- Products must be in original packaging and in new, unused condition.
- Customer is responsible for all return shipping costs.
- Refunds are issued once the returned product is inspected and approved.
- Please contact customer service to obtain a Return Merchandise Authorization (RMA) number prior to sending any returns.
The following products cannot be returned:
- Gas-powered products that have been fueled or oil added.
- Any product missing original packaging or accessories.
- Any product that has been used or shows signs of wear.
- Special order or customized items.
Powerbase reserves the right to refuse returns of any merchandise that does not meet the above return requirements.
Exchanges
If you would like to exchange an item purchased from Powerbase, please contact our customer service team for assistance. We are happy to exchange products, provided:
- The item was purchased directly from Powerbase within the past 30 days.
- Item is unused and in original packaging with all accessories.
- We currently have the desired replacement item in stock.
You will be responsible for all return shipping costs of the original item. Customers are responsible for any pricing differences if the exchange item costs more than the original purchase. If the replacement costs less, we will issue a refund for the difference.
Shipping Damage or Errors
Powerbase takes great care in properly packaging all shipments from our warehouse. However, mistakes or damage may occasionally occur during transit.
If you receive an order damaged or erroneous, please contact us within 5 business days of delivery and we will resolve the issue promptly. Please save all packaging materials and damaged goods until the claim is resolved.
Privacy Policy
Please review our Privacy Policy which describes how we collect, use and disclose information received through the Service.
Age Restrictions
The Service is intended for legal adults only. By using the Service, you represent and warrant that you are at least 18 years old. If you are not at least 18 years old, do not access or use the Service.
Assignment
The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Powerbase’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
Force Majeure
Powerbase shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
Questions & Contact Information
Questions about the Terms of Service should be sent to [email protected]. For general inquiries, please contact [email protected]
