| Using the Online Shop - Terms of Business |
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| Friday, 24 August 2007 | |
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Conditions relating to the Sale of Goods.
You will be asked to expressly agree to these terms and conditions before ordering Products from this Site. Please read them carefully. If you do not agree to them, do not order any Products from this site. In order to indicate your acceptance of these terms and conditions, you will be asked to tick an 'I agree' statement at the conclusion of the order placement process.
Please not that you may only purchase Products from this site if you are over 18 and resident in England, Wales, Scotland or Northern Ireland.
Definitions and interpretation
In this Agreement "we" means Turn 10 Ltd trading as MAC#1 Motorsports (and "us" and "our" shall be construed accordingly; and "you" means the relevant customer or potential customer as the case may be (and "your" shall be construed accordingly.
In this Agreement the following definitions shall apply:
"Agreement" means this agreement incorporating any terms set out in our Second Acknowledgement;
"First Acknowledgement" means the initial automatic email acknowledgement which will send to you after receiving your order;
"Order" means your order for Products made via the Site;
"Second Acknowledgement" means the email acknowledgement which we will send to you where appropriate confirming acceptance of your Order; and
"Site" means the website at www.mac1motorsports.co.uk or any successor site operated by us from time to time.
This Agreement
The advertising of Products on the Site constitutes an "invitation to treat"; and your Order for Products constitutes a contractual offer. No contract comes into force between you and use unless and until we accept your Order.
In order to enter into this Agreement with us, you will need to take the following steps:
1) You will need to select the Products you wish to purchase and add them to your shopping cart 2) You will need to proceed to Checkout 3) You will need to create a user account with us or login with your existing account details 4) You will need to provide us with a Delivery Address 5) You will need to select a Delivery Option 6) You will need to confirm your order and give your consent to the terms of this Agreement 7) You will be transferred to our payment solutions providers website, Protx, who will handle your payment 8) We will then send you a First Acknowledgement 9) Once we have checked our ability to meet your Order, we will send you the Second Acknowledgment (at which point this Agreement will become a binding contract). 10) If we are unable to meet your Order, we will advise you of this by email.
Please note, we will not file a copy of this Agreement. We may update the version of this Agreement on the Site from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of this Agreement for your records.
The only language in which we offer this Agreement is English.
Before you place your Order, you will have the opportunity of identifying whether you have made any input errors through reviewing your Order. You may correct those input errors at this point, prior to placing your Order.
About Us
Our Full name is Turn 10 Ltd trading as MAC#1 Motorsports. Our registered office is Unit 14 Portland Business Park, Richmond Park Road, Handsworth, Sheffield S13 8HS. Our company registration number is 6348200. You can contact us here > Contact Us.
Our VAT Number is 917 6335 12.
The Products
We supply a variety of Products, generally used within the home-building, accessorisation, and modification of motor vehicles. Each product is fully described within its own page.
Price and Payment
The prices for products are quoted on the Site. The Site contains a number of Products and it is always possible that some of the Products listed on the Site may be incorrectly priced. We will verify prices as part of our sales procedures so that a Product's correct price will be stated in the Second Acknowledgement.
Payment will be taken immediately after your order has been completed. We will be advised by our payment solutions provider once your payment has completed. We may withhold products and/or terminate this Agreement if the payment is not received.
The prices on the Site detail all valued-added taxes.
Payment for all Products must be made via our payment solutions provider, Protx. If you would prefer to place your order via telephone, do not place an order through this Site. Instead, contact us with your order via telephone >Contact Us.
Prices for Products are liable to change at any time, but changes will not affect Agreements which have come into force.
Delivery
We will arrange for the Products to the delivered to the address for delivery indicated on your Order.
We will use reasonable endeavours to deliver Products on or before the date for delivery set out in our Second Acknowledgement or, if no date is set out in our Second Acknowledgement, within 3 working days of the date of our Second Acknowledgement. However, we cannot guarantee delivery by the relevant date. We do however, guarantee that unless there are exceptional circumstances all deliveries of Products will be dispatched within 30 days of the later of receipt of payment and the date of our Second Acknowledgement.
We will only delivery Products within England, Wales, Scotland and Northern Ireland.
Risk and title
The Products will be at your risk from the time of delivery. Ownership of the Products will only pass to you after we received full payment of all sums due in respect of the Products (including delivery charges).
Consumer rights
You may cancel this Agreement at any time within 7 working days after the day you received the Second Acknowledgement (subject to the limitations set out below).
If you cancel this Agreement on this basis, you must inform us and return the Products to us immediately, in the same condition in which you received them. Products returned by you within the 7 day working period referred to above will be refunded in full (including the cost of sending the Products to you). However, you will be responsible for paying the cost of returning the Product to us.
If you cancel this Agreement on this basis and you do not return the Products to us, we may recover the Products and charge you for the costs we incur in doing so. Similarly, if you return the Products at our expense, we may pass that expense on to you.
Defective Products
You may also cancel this Agreement if the Products supplied are defective.
Products returned by you because of a defect will be refunded in full (including the cost of sending the Products to you, and the cost of returning the Products to us). Alternatively, if we and you agree, we may supply you with a replacement or substitute Product.
Refunds
if you cancel this Agreement and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your notice of cancellation.
Warranties
We warrant you that any Product you purchase through the Site will be of satisfactory quality.
You warrant us that: you have full authority, power and capacity to enter into this Agreement and that all necessary actions have been taken to enable you to lawfully enter into this Agreement; you are legally capable of entering into binding contracts; you are resident in England, Wales, Scotland or Northern Ireland; you are at least 18 years old; the information provided in the Order is accurate; and that you will be able to accept delivery of the Products as contemplated in this Agreement.
Subject to the warranties set out in above, to the maximum extent permitted by applicable law we disclaim all warranties with respect to the Products, whether express or implied.
Limitations of liability
Nothing in this agreement shall limit or exclude your or our liability for: (i) death or personal injury caused by negligence; (ii) under section 12 of the Sale of Goods Act 1979, section 2 of the Supply of Goods and Services Act 1982, or section 2(3) of the Consumer Protection Act 1987; (iii) for fraud or fraudulent misrepresentation; or (iv) for any matter for which it would be illegal to limit or exclude, or attempt to limit or exclude liability.
Subject to this: (i) our liability in connection with any Product purchased through our Site is strictly limited to the higher of the purchase price of the relevant product and the replacement cost of the relevant Product; (ii) we accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings; loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable; and (iii) we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement caused by events outside our reasonable control.
General Terms
Images of Products on the Site are for illustrative purposes, actual Products may differ from such images.
We will treat all your personal information that we collect in connection with your order in accordance with the terms of our Your Information - Privacy Policy; use of our website will be subject to our Website Terms of Use .
This Agreement may only be varied by an instrument in writing signed by both you and us. We may revised these terms from time-to-time, but such revisions will not affect the terms of any Agreement which we have entered into with you.
If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall remain in full force and effect, and such invalid or unenforceable provisions or portion thereof shall be deemed omitted.
No waiver of any term, provision, or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that term, provision or condition or any other term, provision or condition of this Agreement.
You may not assign, charge, sub-contract or otherwise transfer this Agreement, or any of your rights or obligations arising under this Agreement. Any attempt by you to do so shall be null and void. We may assign, charge, sub-contract or otherwise transfer this Agreement, or any of our rights or obligations arising under this Agreement, at any time - providing such action does not serve to reduce the guarantees benefiting you under this Agreement.
This Agreement is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminated, rescind, or agree any amendment, variation, waiver or settlement under this Agreement is not subject to the consent of any person who is not a party to this Agreement.
This Agreement contains the complete Agreement between the parties with respect to the subject matter hereof, and supercedes all prior or contemporaneous agreements or understandings, whether oral or written.
This Agreement will be governed by and interpreted in accordance with the laws of England, and the English courts shall have exclusive jurisdiction with respect to any dispute arising under this Agreement.
These terms are based on a template created and distributed by www.website-law.co.uk. |
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| Last Updated ( Thursday, 10 January 2008 ) |
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