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PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING
YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER
FOR FUTURE REFERENCE
1. Format of the Contract
1.1 These terms of sale apply to all goods
supplied by Wheels Wings & Water Limited, whose registered
office is at Wheels Wings & Water Limited, C/O Howell Shears & Co,
The Old Flour Mill, Queen Street, Emsworth, Hampshire, United Kingdom. PO10 7BT.
Company No. 05743602 (the "Supplier").
1.2 No contract exists between you and the
Supplier for the sale of any goods until the Supplier has
received and accepted your order.
1.3 An acceptance of your offer to buy the
goods will be sent shortly after your order. However, we
do have the right to terminate the contract in the event
that the goods are unavailable, mis-priced or cleared funds
are not received.
1.4 The contract is subject to your right
of cancellation (see below).
1.5 The Supplier may change these terms
of sale without notice to you in relation to future sales.
2. Description and price of the goods
2.1 The description and price of the goods
you order will be as shown on the Supplier´s website
at the time you place your order.
2.2 All prices shown are in GBP. You have the option to change the currency on the website using the drop down currecny menu in the top left hand corner of every page.
2.3 Orders placed incorrectly and cancelled will be charged an administration fee of 4% to cover transaction costs charged by the credit card company.
2.4 The goods are subject to availability.
If on receipt of your order the goods you have ordered are
not available in stock we will not accept your order. If
after acceptance or job order the Supplier discovers within
[14 days] of our acceptance of your order that the goods
are unavailable we may terminate the contract and refund
or re-credit you for any sum that has been paid by you or
debited from your credit card for the goods.
2.5 Every effort is made to ensure that
prices shown on the Supplier´s website are accurate
at the time you place your order. If an error is found within
14 days of accepting your order, the Supplier will inform
you as soon as possible and offer you the option of reconfirming
your order at the correct price, or cancelling your order.
If the Supplier does not receive an order confirmation within
14 days of informing you of the error, the order will be
cancelled automatically. If you cancel the order, or if the
order is cancelled automatically due to the expiry of the
14 day period, the Supplier will refund or re-credit you
for any sum that has been paid by you or debited from your
credit card for the goods.
2.6 In addition to the price, you may be
required to pay a delivery charge for the goods.
3. Payment
3.1 Payment for the goods and delivery charges
can be made by any method shown on the Supplier´s website
at the time you place your order. Payment shall be due before
the delivery date and time for payment shall be a fundamental
term of this agreement, breach of which shall entitle the
Supplier to terminate the contract immediately.
3.2 There will be no delivery until cleared
funds are received.
3.3 Payments shall be made by you without
any deduction whatsoever unless you have a valid court order
requiring an amount equal to such deduction to be paid by
the Supplier to you.
4. Delivery - see our delivery policy at http://www.dirtbikebitz.com/shipping.php
4.1 The goods you order will be delivered
to the address you give when you place your order, except
that some deliveries are not made outside the United Kingdom.
4.2 If delivery cannot be made to your address
for reasons under the Supplier´s control the Supplier
will inform you as soon as possible.
4.3 If you deliberately fail to take delivery
of the goods (otherwise than by reason of circumstances under
control of the Supplier) then without prejudice to any other
right or remedy available to the Supplier , the Supplier
may:
4.3.1 store the goods
until actual delivery and charge you for reasonable costs
(including insurance) of storage; or
4.3.2 sell the goods
at the best readily obtainable price and (after deducting
all reasonable storage and selling expenses) account to you
for any excess over the price you agreed to pay for the goods
or charge you for any shortfall below the price you agreed
to pay for the goods.
4.4 If you fail to take delivery because
you have cancelled your contract under the Distance Selling
Regulations the Supplier shall refund or re-credit you within
30 days for any sum that has been paid by you or debited
from your credit card for the goods. On exercising your right
to cancel you shall be required to return the goods to the
Supplier. Should you fail to return the goods, the Supplier
reserves the right to deduct any direct costs incurred by
the Supplier in retrieving the goods as a result of such
failure.
4.5 Every effort will be made to deliver
the goods as soon as possible after your order has been accepted.
However, the Supplier will not be liable for any loss or
damage suffered by you through reasonable or unavoidable
delay in delivery. In this case, the Supplier will inform
you as soon as possible.
4.6 Upon receipt of your order you will
be asked to sign for the goods received in good condition.
If the package does not appear to be in good condition then
please refuse the delivery. If you are unable to check the
contents of your delivery at the point of delivery then please
sign for the parcel as "UNCHECKED". Failure to
do so may affect any warranty claims that you make thereafter.
5 Risk/Title
5.1 The goods are at your risk from the
time of delivery.
5.2 Ownership of the goods shall not pass
to you until the Supplier has received in full (in cash or
cleared funds) all sums due to it in respect of:
5.2.1 the goods, and
5.2.2 all other sums which are or which
become due to the Supplier from you on any account.
5.3 The Supplier shall be entitled to recover payment for
the goods even though ownership of any of the goods has not passed from the
Supplier.
6. Title for Business Customers
6.1 If you are a business customer until
ownership of the goods has passed to you, you must:
6.1.1 store the goods (at no cost to the
Supplier) separately from all your other goods and goods of any third party
in such a way that they remain readily identifiable as the Supplier´s
property;
6.1.2 not destroy, deface or obscure any
identifying mark or packaging on or relating to the goods; maintain the goods
in satisfactory condition and keep them insured on the Supplier´s behalf
for their full price against all risks to the reasonable satisfaction of the
Supplier. On request you shall produce the policy of insurance to the Supplier;
and
6.1.3 hold the proceeds of the insurance
referred to in condition 6.1.2 on trust for the Supplier and not mix them with
any other money, nor pay the proceeds into an overdrawn bank account.
6.2 If you are a business customer your right to possession
of the goods shall terminate immediately if:
6.2.1 you have a bankruptcy order made
against you or make an arrangement or composition with your creditors, or otherwise
take the benefit of any statutory provision for the time being in force for
the relief of insolvent debtors, or (being a body corporate) convene a meeting
of creditors (whether formal or informal), or enter into liquidation (whether
voluntary or compulsory) except a solvent voluntary liquidation for the purpose
only of reconstruction or amalgamation, or have a receiver and/or manager,
administrator or administrative receiver appointed of its undertaking or any
part thereof, or a resolution is passed or a petition presented to any court
for your winding up or for the grant-ing of an administration order in respect
of you, or any proceedings are commenced relating to your insolvency or possible
insolvency; or
6.2.2 you suffer or allow any execution,
whether legal or equitable, to be levied on your property or obtained against
you or you are unable to pay your debts within the meaning of section 123 of
the Insolvency Act 1986 or you cease to trade; or
6.2.3 you encumber or in any way charge any of the goods.
7. Cancellations & Returns - see our returns policy at http://www.dirtbikebitz.com/shipping.php
8. Warranty
8.1 All goods supplied by the Supplier are
warranted free from defects for 1 months from the date of
supply (unless otherwise stated). This warranty does not
affect your statutory rights as a consumer.
8.2 This warranty does not apply to any
defect in the goods arising from fair wear and tear, wilful
damage, accident, negligence by you or any third party, use
otherwise than as recommended by the Supplier, failure to
follow the Supplier´s instructions, or any alteration
or repair carried out without the Supplier´s approval.
8.3 If the goods supplied to you are damaged
on delivery, you should notify the Supplier in writing via
e-mail within 7 working days. (Please note that this is 48hrs
for our business customers)
8.4 If the goods supplied to you develop
a defect while under warranty or you have any other complaint
about the goods, you should notify the Supplier in writing
via e-mail, as soon as possible, but in any event within
14 days of the date you discovered or ought to have discovered
the damage, defect or complaint.
8.5 If you wish to return the goods for
inspection, repair of cancellation then you will be responsible
for returning the goods to the Supplier at your own cost .
9. Limitation of Liability
9.1 Subject to 9.2 below,
if you are a consumer the Supplier shall not be liable to
you for any loss or damage in circumstances where:
9.1.1 there is no breach of a legal duty
owed to you by the Supplier or by its employees or agents;
9.1.2 such loss or damage is not a reasonably
foreseeable result of any such breach;
9.1.3 any increase in loss or damage resulting
from breach by you of any term of this contract.
9.2 Nothing in these conditions excludes or limits the liability
of the Supplier for death or personal injury caused by the Supplier´s
negligence or fraudulent misrepresentation.
9.3 If you are a business customer the Supplier shall not
be liable to you for any indirect or consequential loss or damage (whether
for loss of profit, loss of business, depletion of goodwill or otherwise),
costs, expenses or other claims for consequential compensation whatsoever (howsoever
caused) which arise out of or in connection with this agreement.
10. Data Protection
The Supplier will take all reasonable precautions to keep the
details of your order and payment secure but unless the Supplier
is negligent, the Supplier will not be liable for unauthorised
access to information supplied by you.
11. Images
Product images are for illustrative purposes only and may differ
from the actual product.
These terms of sale and the supply of the goods will be subject
to English law and the English courts will have jurisdiction
in respect of any dispute arising from the contract, save that
consumers resident in Scotland shall have the right to insist
upon these terms being construed in accordance with the laws
of Scotland and to submit to the jurisdiction of Scottish courts. |