Customer
Information› Terms
& Conditions
Clubpromoto Ltd.
Reg Office : The Old Stables Hendal Farm Groombridge East Sussex TN3 9NU
Reg No. (England) 5175645
All transactions on www.clubpromoto.co.uk are carried out according to the following conditions.
DEFINITIONS
1. Any reference to Company/Seller/We/Us shall mean Clubpromoto Ltd .P.O BOX 129 EDENBRIDGE TN8 6WW,
2. Any reference to You/Buyer/Purchaser shall mean any person, sole trader, partnership, business, body corporate or other entity detailed in the appropriate section of the sales invoice/order form and shall include all successor, heirs and assigns.
3. Goods ordered shall mean the items detailed in the appropriate section of the sales/order form.
4. Price shall mean the consideration in £ sterling due for purchase and shall include VAT, which shall be shown (for applicable purchases) at the prevailing rate prior to order confirmation by the Buyer.
5. Orders placed via the Internet shall be mere offers to purchase and shall not be accepted or binding upon the Company until confirmed or acknowledged in writing by the Company by means of invoice or statement. Order acknowledgement shall not amount to confirmation of order and the Company reserve the right to refuse any offer to purchase prior to written confirmation.
6. "Working day" shall mean any day excluding Saturday, Sundays and public holidays.
7. These conditions shall apply to all the company's quotations and contracts, orders (including, telephone, facsimile transmittal, postal and internet orders) for the sale or supply of goods accepted by the company. Representations shall only be binding upon the company if confirmed within the order form or other acknowledgement from the Company.
8. Brochure description and Web site information are indicative only and any specifications, weights, measurements and technical data (whether relating to performance or otherwise) have been prepared by manufacturers and are for guidance only. Buyers are therefore required to check current specification, colors, weights and measurements with manufacturers or the Company, prior to order, as manufacturers may alter specifications to improve products. Manufacturers also reserve the right to amend specifications, without notice, in order to improve products or where amendment becomes necessary and the Company shall endeavor to inform the Purchaser of any such amendment or change.
9. The company reserves the right to amend technical or clerical errors in any order without notice. In addition the Buyer shall insure that all details contained within the order are correct prior to the submission to the Company. Subsequent to the delivery, the Company shall accept no liability for any error or inaccuracy in order unless notified of such error within two days of delivery/receipt of any document containing the said error.
GUARANTEES
10 All guarantees for products are provided entirely by the manufacturers/UK importers and are subject to terms contained therein. Purchasers are reminded to complete and return all warranty cards/documents upon receipt of goods where appropriate.
LIMITATIONS UPON LIABILITY
11. Advice given by agents or servants of this company during telephone/internet orders based entirely upon information given by the purchaser with no inspection undertaken. As such, all advice given is indicative only and on all such advice should be checked by the purchaser prior to order. Where advice is given after visual inspection by agents or servants of this company, such advice shall amount to opinion only. Additionally, goods supplied are supplied only to correspond to the purpose of which goods of that kind are commonly supplied and not alternative uses to which they may be put. No liability for failure can be accepted by this company for such alternative use, amendment or modification.
12. Goods ordered by the Buyer might not be compatible with vehicles, which have been modified, adapted or altered. Where goods ordered by the Purchaser are not compatible by reason of modification, adaptation or alteration, the Company may accept such goods back in to stock entirely at its discretion, and shall either issue a refund or credit the purchaser where no such refund or credit will operate.
13. Where goods purchased by the buyer are alleged to be defective, the purchaser agrees to return such goods to the seller for inspection and report (without the seller replacing the said goods prior to such inspection). The purchaser also accepts that it is reasonable to inform the of any interruption, defect or other failure prior to contacting independent third parties or incurring expense and, in addition, to allow the seller to remedy the defect, failure or interruption. Parts modified adapted by the purchaser shall no longer be warranted by the manufacturer nor shall the Company be liable for any failures resulting subsequent to modification as a result of such modification.
14. Competition goods are supplied for specialist use and are subject to extreme stress whilst in use. Life expectancy and durability are greatly reduced and purchasers should note that any claim for failure/wear shall not be entertained by the Company and it is agreed that such use shall be a relevant circumstance for the Sale of Goods Act 1979 (as amended). In addition, parts supplied by this company may be placed under stress where specialist/competition parts are used, and purchasers should take advice from experts prior to purchase. Manufacturers may also limit guarantees when components are installed for competition use.
15. Where goods are defective, incorrectly supplied, delayed or otherwise in breach of the implied terms of the buyers statutory rights, all losses which result from loss of competition points, awards, loss of entry fees or other losses, are excluded and shall not be reclaimable from the Company. In addition the company shall accept no liability for death or personal injury unless caused by the Companies own negligence.
16. No liability is accepted by the company where purchasers attempt to modify or install components supplied where it is known or ought reasonably to be known to the Purchaser that the part supplied is incorrectly supplied or otherwise not in accordance with the order.
17. The company accepts no liability in respect of failure to supply or other interruptions caused by matters beyond the reasonable control of the company, including but without limitation, strikes lockouts, civil disputes, acts of God, war or actions by third parties.
18. Notwithstanding any other provision of this Agreement, nothing in this Agreement shall confer a benefit on any person or persons not named as the purchaser herein (for the purposes of the Contract (Rights of Third Parties) Act 1999 or for any other purpose).
PAYMENT TERMS
19. Quotations are given on the assumption that no variation in the price will be made by the manufacturer/sole importer and that Government levies remain unaltered. In the event of such changes, the buyer shall be liable for the full cost of any charge without notice from the Company. A buyer shall be contacted by the Company and consent for any price increase obtained. Where no such consent is obtained, the Buyers agreement to purchase shall be treated as cancelled. Buyers are hereby informed that calling down of smaller quantities of material than ordered may increase the overall price per unit, there being reduced economies of scale in order. The resultant additional cost shall be the buyers.
20. Unless otherwise stipulated within the sales invoice/order form, all accounts are payable by any major Credit or Debit card with order. Although all electronic communication is transacted across industry standard secure networks we cannot be held liable for any unauthorized third party access to any data provided by the Buyer. Payment will be debited to your account on the dispatch of your ordered goods.
TITLE AND DELIVERY
21 Ownership or Title to the product shall not pass to the buyer until the company has received payment in full. In the event that the sums owing in respect of other items ordered remain due, apportionment by this company shall take place without prejudice to the right to retain title or ownership in respect of all goods ordered.
22. We will endeavour to despatch all goods within 4 days of order confirmation and should there be any reason for the delivery to exceed this date or if the product is no longer available the Buyer will be informed of the expected delivery date. All times given for dispatch or delivery are approximate and time shall not be of the essence. The buyer agrees to give 20 days in any written notice making time of the essence, such notice to commence subsequent to the last time for delivery quoted by the Company. The Buyer further agrees to accept full liability in respect of delayed or late delivery or dispatch prior to the expiry of any such notice. In respect of special order goods, the buyer acknowledges that further delays may occur and allows the company 30 days in any written notice, such notice to commence subsequent tot the last time for delivery quoted by the Company. In any event, delivery times are approximate and variable. When delivery is affected to the purchaser directly or to an independent delivery contractor as agent for the purchaser, risk shall pass to the buyer immediately.
23. The Buyer is required to notify the company, in writing or by email (in the case of email notification the buyer must not rely on email until an acknowledgment has been received from the Company). Of any shortage, mis-delivery or other discrepancy immediately, or at the latest within two days of such shortage, mis-delivery or failure, thereafter the buyer shall be liable for any such discrepancy. Buyers should retain all packaging in the event of a claim or return within the terms of this agreement.
24. Delivery and packing prices indicated within the Companies Internet Site are subject to change and will be confirmed at the time of order. Buyers outside the United Kingdom shall be quoted approximate prices for delivery and packing prior to order confirmation. If required the company shall quote for delivery and packing in such instances and confirmation of acceptance shall be required from the Buyer prior to acceptance of order.
25. A Consumer Buyer shall have the right to cancel any contract for goods made by means of distance communication, in accordance with these Terms and Conditions, within seven working days of delivery of the goods. Special order goods shall not be returnable under the terms of this clause. Cancellation of the contract can be effected by service of a Written Notice signed by the Consumer Buyer and delivered by post to the Company's registered office.
26. If a Written Notice of Cancellation is received by the Company in accordance with clause 25 the Consumer Buyer shall become liable to return the goods to the Company forthwith, to such address as directed by the Company in their original packaging (and without having been installed or used and with all relevant seals and enclosures intact) and at the consumer buyer's sole expense.
27. If the consumer Buyer fails to return the goods in accordance with clause 26 within 7 days of the cancellation of the contract, the Company shall be entitled to collect the goods from the consumer buyer and to recover any reasonable costs involved in such collection from the consumer buyer.
28. The Company shall then affect a refund of any monies owing to the consumer buyer in respect of the goods within 30 days from the date of cancellation or receipt of goods by the Company. Such a refund will be subject to any set off of monies to which the Company is entitled under clause 26.
29. Goods purchased and delivered to the buyer otherwise than by means of distance communication may be returned to the Company in original packaging (and without being installed or used and with all relevant seals and enclosures intact) for credit within 7 days of receipt by the buyer, subject to a restocking charge of not less than 10% of the value of the order. Credit shall be subject to the buyer producing proof of purchase and returning goods carriage paid. Special order goods shall not be returnable by virtue of this clause.
30. The Buyer confirms that he shall comply with any or all rules and instructions relating to installation and use of the product concerned and fully accepts that any loss which results from, forced, misdirected, inappropriate or unqualified installation or use shall not be accepted by the Company
JURISDICTION
These terms and this agreement (including an agreement concluded by means of distance communication) shall be interpreted in accordance with English Law and industry custom and practice, and English and Welsh courts shall have sole jurisdiction in respect of any dispute arising there from.
PRIVACY POLICY
Privacy issues are very important to us, given the current regulatory and technical environment and we are committed to protecting your privacy.
USE OF PERSONAL DATA
We will collect information and use it for the following purposes:
When opening an Account and placing an order with us we need to know your name, e-mail address, credit or debit card number and the card's expiry date. We use this information in order to process and run your Account, for credit purposes, marketing, market research and analysis and to notify you of the status of the order. We also ask you for your telephone number, which enables us to contact you urgently in the event of there being a problem or query with your order or Account. Should you enter a competition or other promotional feature on our website we may ask you for your name, address and e-mail address in order that we may efficiently administer the competition and promotion as well as notifying the winners, we may disclose your information to other parties for the processing and fulfilling your order. We may also use the information that we collect from you to notify you from time to time about functionality changes to our website, the service that we provide and the details of special or promotional offers.
PROTECTION OF PERSONAL DATA
We have taken every possible precaution to create a secure environment to protect the personal information supplied by you to us when making an order or opening an Account. When an order or an Account is opened we offer the use of a secure service. Essentially we have adopted the industry standard encryption methods in that the secure software (SSL) encrypts all information input before it is sent to us. In order to comply with the Data Protection Act 1998 and for maximum peace of mind we can advice that we have implemented strict security procedures in relation to the storage and disclosure of information which you have given us for the purpose of preventing unauthorized access. For security reasons and to protect your right to privacy we may occasionally request proof of identity from you before disclosing any sensitive information to you or accepting any order from you.
DISCLOSURE OF INFORMATION TO THIRD PARTIES
We do not sell, trade, rent or give your personal information (data) to others for any reason other than for the purpose of delivery of the goods. We employ third parties and individuals to perform certain functions on our behalf. Examples of these might be a courier delivering your goods to you, analysis of data, provision of marketing assistance, processing credit card payments and provision of a customer service department. Please rest assured that those companies and individuals who have access to any such personal information are not permitted to use this information for any other purposes and that they are required to process any such data in accordance with the Data Protection Act 1998
CONSENT AND DATA PROTECTION
By using our website you irrevocably consent to authorizing us to collate, collect and use this information. Any changes to our privacy policy will be updated and posted on this page of our website.
CONTACT
If you have any comments, suggestions or concerns about this Privacy Policy please e-mail
contact@clubpromoto.co.uk
|
