Motocross
& Quad Spares and Accessories
Offroad Bikestore ("Offroad Bikestore"): TERMS
AND CONDITIONS
We want you to enjoy using our Website and the useful information
and Products that we provide through it. All information
on this site is provided in good faith. To avoid any misunderstandings,
please take a moment to read these Terms, which govern the
contract between us. They set out the basis of how you use
our site, the purchase of our Products, what we provide,
what we charge and what we ask of you in return. By submitting
an Enquiry and/or an Order to Offroad Bikestore, you are
agreeing to these Terms and our, Privacy Policy which will
apply to any purchase you make from Offroad Bikestore on
this Website.
SUMMARY
1. Definitions
2. Product Details
3. Price of the Products
4. Enquiries
5. Order Acceptance and Payment
6. Our Right to Cancel
7. Delivery
8. Right of Cancellation
9. Warranties and Refunds
10. Returns Procedure
11. Use of Website
12. Liability
13. Notices, Enquiries and Complaints
14. Intellectual Property
15. Privacy Policy
16. General
1. Definitions
1.1. In these terms and conditions ("the Terms")
unless the context otherwise requires, the following words
and phrases shall have the following meanings:
"Customer Material" means any information provided
by the customer to Offroad Bikestore including, but without
limitation, your details, sizes, delivery details, requirements
or any information provided in the Enquiry or Order;
"Enquiry" means any enquiry made of Offroad Bikestore;
"Force Majeure Event" includes any delay or failure
to perform our obligations as set out in these Terms where
such delay or failure to perform arises from circumstances
beyond our reasonable control, including (without limitation)
any Act of God, communications failure, death, destruction,
fire, flood, strikes, riots, accident, disruption to energy
supplies, civil commotion, acts of terrorism or war;
"Order Confirmation" an order confirmation from
Offroad Bikestore to you confirming receipt of your payment
and the acceptance of your order;
"Price" means a price issued by Offroad Bikestore
to you in response to an Order Confirmation and/or an Enquiry;
"Product" means products available for sale on
the Website;
"Offroad Bikestore", "us" or "we"
means Offroad Bikestore (Company Number 03928542) whose
registered office is at Phoenix Way, Garngoch Industrial
Estate, Gorseinon, Swansea, SA4 9HN (VAT Number: GB 779
463 275);
"Website" means the website for the sale of the
Products at www.offroadbikestore.com;
"Writing" includes email, fax, or other comparable
means of communication;
"you", "your" or "customer"
means the person, firm or company placing an order for Products
with Offroad Bikestore.
2. Product Details
2.1. The Products displayed on this Website are not shown
to actual size nor are their images binding as to detail.
Some Products may appear slightly larger or smaller than
actual size due to screen defaults and photography techniques.
Other Products may be represented at a larger than actual
size in order to clearly show details, or smaller than actual
size in order to show the entire item, and your attention
is drawn to the Product details and content where given.
If the Product you receive is materially different from
the Product details specified you shall be entitled to reject
it without penalty.
2.2. All Products are subject to availability. In the unlikely
event of a change in the specification or quality of the
goods ordered we will offer you a substitute item of the
same or better quality for the same price, which you shall
be entitled to reject by returning the item within 7 days
from the date the Product has been delivered to you.
3. Price of the Products
3.1. Subject to the provisions of clauses 3.4 and 3.5 the
Price of the Products will be as stated on our Website at
the time you submit your order.
3.2. Prices stated on the Website include VAT for the item(s)
but not the cost of delivery and insurance during freight
as that cost is dependent upon the value of the item(s)
purchased and so is advised in addition to the Prices stated.
3.3. All Products must be paid for in full before being
dispatched.
3.4. The price of the products stated on our website may
vary due to factors outside Offroad Bikestore's control,
or if there is a delay between the time of the order and
you receiving your Order Confirmation. In these circumstances
you will be entitled to cancel your order if the price increase
is not acceptable to you.
3.5. Without prejudice to clauses 3.4 or 6.1.1, if we discover
an error in the price of the Products offered we will contact
you to resolve the situation.
3.6. Prices on the website can be viewed by different currency
but will be invoiced in sterling.
4. Enquiries
4.1. By making an Enquiry you are under no obligation to
purchase any Product but you agree to be bound by these
Terms and our Privacy Policy.
5. Order Acceptance and Payment
5.1. Before your order can be accepted, we must receive
in cleared funds, or confirmation of authorisation of payment
(where a credit card is used) the purchase price specified
in full (without any deduction).
5.2. When we receive your order we will send you an acknowledgement
of its receipt. Once payment has been received by us in
accordance with clause 5.1 we will confirm that your order
has been accepted by sending an Order Confirmation to you
at the e-mail address you provide. When we send you this
Order Confirmation a legally binding contract exists between
us.
5.3. You may pay for the Products in any currency from time
to time stated on our Website.
5.4. You must pay for the Products you order by using any
method currently specified on the Website, which may include
without limitation;
5.4.1. a telegraphic transfer or a bank transfer to Offroad
Bikestore’s account; or
5.4.2. credit or debit card by communicating your card details
to Offroad Bikestore (for the avoidance of doubt the credit/debit
cards accepted by us are those listed on the Website on
the date your order is placed).
5.5. In the event that payment for an order is not received;
or you are not fully entitled to use your nominated credit,
debit or charge card; or such card has insufficient funds
to cover the price of the Products then:
5.5.1. Offroad Bikestore may contact you allowing you to
make payment in full within a specified time period by the
same or another means; or
5.5.2. Offroad Bikestore may at its sole discretion cancel
your order in which case Offroad Bikestore shall return
any monies received from you within 30 days of receipt of
such monies to your nominated account and Offroad Bikestore
shall be entitled to deduct an administration fee to cover
any expenses incurred by Offroad Bikestore in doing so;
5.5.3. you agree that in any event that Offroad Bikestore
shall have no liability to you for any loss, damage, costs,
expenses or other claims that you may incur.
5.6. You agree to indemnify Offroad Bikestore in full against
all costs and outgoings incurred by us in obtaining payments
from you in the event a failed payment occurs.
6. Our Right to Cancel
6.1. We reserve the right to cancel your order if:
6.1.1. after receiving your order and before we send you
your Order Confirmation, we become aware of a pricing error
in respect of the Product you have ordered, we reserve the
right to withdraw the Product from sale and inform you accordingly;
or
6.1.2. a Force Majeure Event occurs.
6.2. If we do cancel your order we will notify you by e-mail
and will offer an alternative replacement Product or refund
to you any amounts paid to us as soon as possible and in
any event within 30 days of your order.
6.3. We shall not be liable to you for any loss, damage,
costs expenses or claims that you may incur, for orders
cancelled by us before we send your Order Confirmation.
6.4. This clause 6 does not affect your statutory rights
as a consumer, nor does it affect your contract cancellation
rights.
7. Delivery
7.1. We reserve the right to charge for and fulfil partial
orders where the Order Confirmation consists of multiple
items.
7.2. Delivery will be made to the address specified in the
Order Confirmation.
7.3. We will take all reasonable steps to deliver your order
to you on or before the date specified in the Order Confirmation.
We cannot be held liable for delays caused by circumstances
beyond the reasonable control of Offroad Bikestore (such
as Force Majeure events). Time will only be of the essence
of the contract if you have agreed this in advance with
us at the time of placing your order and received an Order
Confirmation with a guaranteed delivery date.
7.4. You will become the owner of the Products you have
ordered when they have been delivered to you. Once the Products
have been delivered to you they will be held at your own
risk and we shall not be liable for their loss or destruction.
8. Right of Cancellation
8.1. EXCEPT FOR the Products that are custom works, you
will be entitled to cancel your order by written notice
to us by following the procedure in clause 10. You do not
need to give us any reason for cancelling your order nor
will you have to pay any penalty. Products that are custom
works cannot be cancelled or returned. This policy is in
accordance with the Consumer Protection (Distance Selling)
Regulations 2000.
9. Warranties and Refunds
9.1. Subject to the following provisions of this clause
9.1, we warrant that the Products will be of satisfactory
quality. The aforementioned warranty is given by Offroad
Bikestore subject to the following condition save that it
is acknowledged that your statutory rights are not affected:
9.1.1. Offroad Bikestore shall be under no liability to
the customer for any loss, damage, costs, expenses or other
claims in respect of: (a) any defect arising from wilful
damage, negligence, failure to follow instructions for the
use of the Products (whether oral or in writing); (b) misuse
or alteration of the Products without our approval; (c)
arising from any Customer Material supplied by you which
is incomplete, inaccurate, illegible, out of sequence or
in the wrong form, or any other fault of the Customer.
9.2. Offroad Bikestore products should meet or exceed your
expectations. However, in the event that you are dissatisfied
with your order, the Products delivered to you are incomplete
or you have received incorrect Products, we shall have no
liability to you unless you notify Offroad Bikestore of
the problem AS SOON AS IS REASONABLY POSSIBLE of the Products
in question. For the purposes of efficiency we advise you
to contact our customer services on 01792 224459
9.4. If you notify a problem to us under clause 9.2 or we
have committed a breach of the warranty at clause 9.1 our
only obligation will be (to be determined at your option
and subject always to your statutory rights):
9.4.1. We may offer you an alternate Product free of charge
within 60 days of notification provided that that the original
Product is returned to us in accordance with clause 10;
or
9.4.2. We will arrange with you for the Products to be returned
to us in accordance with clause 10, and we shall refund
the price paid.
10. Returns Procedure
10.1. If you exercise the right to cancel under clause
8.1 or a right to return the Product(s) in accordance with
clause 9.4, in order to make the returns procedure as efficient
as possible we advise you to follow the following procedure:
10.1.1. Please contact our customers services on 01792 224459
to obtain a returns authorisation number before sending
the Product(s) back;
10.1.2. complete the return form provided with the original
packing materials for the delivered Product(s);
10.1.3. secure the Product(s) and all of the original packing
materials, including return form, packing slip, in a plainly
wrapped cardboard box (the post office has these available
if you do not);
10.1.4. clearly print your name and address on the outside
of the package in the return area and mail the package to:
Offroad Bikestore
Phoenix Way
Garngoch Industrial Estate
Gorseinon
Swansea
United Kingdom
SA4 9HN
10.1.5. For your protection, we advise you to insure the
package for the full amount of the invoice plus postal or
shipping charges. For the avoidance of doubt Offroad Bikestore
shall not be responsible for items lost or damaged whilst
in transit
Conditions of Return
10.1.6. Returns are simple, but are subject to certain
rules:
(a) you shall be liable for the cost incurred in returning
Products to us and we shall not be obliged to accept any
Product returned if such costs have not been paid in full
;
(b) each item must be returned in the same condition as
it was sent, unworn and undamaged. Damaged goods due to
your negligence will not be accepted for refund;
10.2 Subject to the conditions in clause 10.1 Offroad Bikestore
will refund the full cost of the item. Refunds will be made
in the same form as the original purchase.
10.3 All requests will be processed after we have inspected
and verified the condition of the Products. Returns take
approximately five business days to process upon receipt
of the item.
11. Use of the Website
11.1. You agree to use the Website only for lawful purposes
and in a way that does not infringe the rights of, restrict
or inhibit anyone else’s use and enjoyment of the
Website. Prohibited behaviour includes harassing or causing
distress or inconvenience to any person, transmitting obscene
or offensive content or disrupting the normal flow of dialogue
within the Website.
11.2. Where Offroad Bikestore provides any information in
relation to the Products supplied to it by a third party,
Offroad Bikestore does not give any warranty, guarantee
as to its accuracy or otherwise and shall have no liability
to the Customer for any losses arising as a result thereof.
11.3. Offroad Bikestore does not warrant that functions
contained in the Website content will be uninterrupted or
error free, that defects will be corrected, or that Offroad
Bikestore or the server that makes it available are free
of viruses or bugs. We shall have no liability for any direct,
indirect, special or consequential loss arising out of the
use of or the inability to use this Website including (without
limitation) reliance on any information or content of the
website or which results from mistakes, omissions, interruptions,
deletions of files or emails, defects, viruses or delays
in operation or transmission.
11.4. The information on the Website may contain technical
inaccuracies or typographical errors and may be changed
or updated without notice. Offroad Bikestore may also make
improvements and/or changes to the Website at any time without
notice.
11.5. Any information we receive from you will be dealt
with in accordance with our Privacy Policy.
11.6. Certain links in this Website connect to other websites
maintained by third parties over whom we have no control.
We make no representations as to the accuracy or any other
aspect of information contained in other websites.
12. Liability
12.1. Nothing in these Terms will limit our liability for
death or personal injury resulting from our negligence or
that of our employees or agents. If you are a consumer (within
the meaning of the Unfair Contract Terms Act 1977) the content
of these Terms will not affect your statutory rights. If
you are not a consumer then subject as provided in clause
9.1, all other warranties, conditions or other terms, whether
implied by statute common law or otherwise, are excluded
to the fullest extent permitted by law.
12.2. Where Offroad Bikestore provides any information in
relation to the Products supplied to it by a third party,
Offroad Bikestore does not give any warranty, guarantee
as to its accuracy or otherwise and shall have no liability
to the Customer for any losses arising as a result thereof.
12.3. In the event that we are unable or fail to deliver
the Products ordered within any time period specified, we
will use reasonable endeavours to contact you in order to
re-schedule the delivery time.
12.4. We will not be in breach of contract as a result of
any Force Majeure Event.
12.5. IN ANY EVENT, THE LIABILITY OF Offroad Bikestore FOR
ANY BREACH OR THE AGGREGATE LIABILITY FOR ANY SERIES OF
BREACHES UNDER OR IN CONNECTION WITH THESE TERMS SHALL NOT
EXCEED THE VALUE OF THE RELEVANT ORDER PLACED BY YOU FROM
TIME TO TIME.
12.6. Offroad Bikestore shall have no liability for loss
of profit or for any indirect, special or consequential
loss of damage, costs, expenses or other claims for compensation
whatsoever arising out of or in connection with the supply
or non-supply of the Products (including any delay in supplying
the Products) or their use or resale by you. Other than
as set out in clause 9.2, the entire liability of Offroad
Bikestore arising out of any order for Products from you
will be limited to the total price of the Products ordered
by you.
12.7. You must observe and comply with all applicable regulations
and legislation, including all necessary customs, import
or other permits to purchase Products from our Website.
The importation or exportation of our Products may be prohibited
by certain national laws. We make no representation and
accept no liability in respect of the import or export of
the Products you purchase.
13. Notices, Enquiries and Complaints
13.1. Any notices, enquiries or complaints should be:
13.1.1. e-mailed to sales@offroadbikestore.com;
13.1.2. addressed to customer services on telephone number
01792 224459 or faxed to 08705 70 30 33: or
13.1.3. sent by post to Offroad Bikestore, Phoenix Way,
Garngoch Industrial Estate, Gorseinon, Swansea, United Kingdom,
SA4 9HN.
14. Intellectual Property
14.1. The entire content of the Website, including all
copyright, trademarks and other intellectual property rights
it contains, including the use of the name "Offroad
Bikestore" is the sole property of Offroad Bikestore
or our licensors. You are permitted to copy, transmit and
to use such material only for the purpose of ordering Products
from the Website, but you not are entitled to copy, reproduce,
transmit, display in public, create derivative works from
or otherwise commercially exploit such material.
14.2. All intellectual property rights in the Products (subject
to the rights of any third party) belong to Offroad Bikestore.
14.3. You warrant that all Customer Material provided to
us will not be defamatory or infringe the copyright or other
rights of any third party, and you shall indemnify Offroad
Bikestore against any loss, damages, costs, expenses or
other claims arising out of any such infringement.
15. Privacy Policy
15.1. You acknowledge and agree to be bound by the terms
of our Privacy Policy.
16. General
16.1. These Terms govern the contract to the exclusion
of all other terms and conditions stipulated in any other
communication or document unless expressly agreed in writing
by Offroad Bikestore.
16.2. Offroad Bikestore reserves the right to vary the content
of these Terms from time to time, with any changes being
published on the Website. However, such variations will
not affect any Contract between Offroad Bikestore and you.
Continued use of the Website, or any of its services will
signify that you agree to any such changes.
16.3. We may correct any typographical, clerical or other
error or omission in any information on the Website or in
any email or other document or communication issued by Offroad
Bikestore without incurring any liability on our part.
16.4. If any clause or part of a clause in these Terms is
held by any Court of competent authority to be unlawful,
invalid or unenforceable, such clause or part shall be severed
and the remaining provisions of these Terms shall remain
in full force and effect.
16.5. These Terms, together with our Website prices, delivery
details, contact details and privacy policy set out the
whole of our agreement relating to the supply of the Products
by us. Nothing said by any sales person on our behalf should
be understood as a variation of these Terms or as an authorised
representation about the nature or quality of any Products
offered for sale by us. Save for fraud or fraudulent misrepresentation
or any statutory obligation, we shall have no liability
for any such representation being untrue or misleading.
16.6. The contract between you and Ofroad Bikestore shall
be governed by English law and you and Offroad Bikestore
submit to the exclusive jurisdiction of the English Courts.
16.7 Offroad Bikestore reserves the right to transfer, assign,
novate or sub-contract the benefit of the whole or any part
of any of its rights or obligations under these Terms.
16.8 These Terms do not create or confer any rights or benefits
enforceable by any person that is not a party within the
meaning of the Contracts (Rights of Third Parties) Act 1999.
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