|Superbike Bodywork is produced by Gower Moto Design Ltd. : TERMS AND CONDITIONS|
1. Definitions1.1. 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 Superbike Bodywork including, but without limitation, your details, sizes, delivery details, requirements or any information provided in the Enquiry or Order;
means any enquiry made of Superbike Bodywork;
"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 Superbike Bodywork to you confirming receipt of your payment and the acceptance of your order;
"Price" means a price issued by Superbike Bodywork to you in response to an Order Confirmation and/or an Enquiry;
"Product" means products available for sale on the Website;
"Superbike Bodywork", us or we means Superbike Bodywork by MBK whose registered office is at Brynau Duon, Fforestfach, Swansea SA5 4NL;
Website means the website for the sale of the Products at www.superbikebodywork.co.uk;
"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 Superbike Bodywork.
2. Product Details2.1. 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 Products3.1. 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 do not include not the cost of delivery and insurance during freight as that cost is dependent upon 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 Superbike Bodywork�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 can be quoted in a different currency but will be invoiced in sterling.
5. Order Acceptance and Payment5.1. 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 must pay for the Products you order by using any method currently specified on the Website, which may include without limitation;
5.3.1. a telegraphic transfer or a bank transfer to Superbike Bodywork's account; or
5.3.2. credit or debit card by communicating your card details to Superbike Bodywork (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).
5.4. 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:
5.4.1. Superbike Bodywork may contact you allowing you to make payment in full within a specified time period by the same or another means; or
5.4.2. Superbike Bodywork may at its sole discretion cancel your order in which case Superbike Bodywork shall return any monies received from you within 30 days of receipt of such monies to your nominated account and Superbike Bodywork shall be entitled to deduct an administration fee to cover any expenses incurred by Superbike Bodywork in doing so;
5.4.3. you agree that in any event that Superbike Bodywork shall have no liability to you for any loss, damage, costs, expenses or other claims that you may incur.
5.5. You agree to indemnify Superbike Bodywork 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 Cancel6.1. 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. Delivery7.1. 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 Superbike Bodywork (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.
7.5. If you are ordering a product from outside the UK the recipient of the product is responsible for all customs duties or tariffs incurred in the country to which the products are shipped. Furthermore your order may be subject to delay or be opened and searched by local customs authorities when entering the destination country. Please note we are unable to provide specific advice on customs duties or tariffs. Overseas shipping will be charged at either actual weight or volumetric weight (whichever is the greater).
8. Right of Cancellation8.1. EXCEPT FOR the Products that are custom works or made to order products, 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 or made to order cannot be cancelled or returned. This policy is in accordance with the Consumer Protection (Distance Selling) Regulations 2000.
9. Warranties and Refunds9.1. 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 Superbike Bodywork subject to the following condition save that it is acknowledged that your statutory rights are not affected:
9.1.1. Superbike Bodywork 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. Superbike Bodywork�s 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 Superbike Bodywork of the problem with 7 days of receipt of the Products in question.
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 Procedure10.1. 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 us on 01792 586829 to obtain a returns authorisation number before sending the Product(s) back;
10.1.2. secure the Product(s) and all of the original packing materials, in a plainly wrapped cardboard box;
10.1.3. clearly print your name and address on the outside of the package in the return area and mail the package to:
Superbike Bodywork, Bynau Duon, Fforestfach, Swansea, SA5 4NL
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.
12. Liability12.1. 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 Superbike Bodywork provides any information in relation to the Products supplied to it by a third party, Superbike Bodywork 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 Superbike Bodywork 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. Superbike Bodywork 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 Superbike Bodywork 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. Enquiries and Complaints13.1. Enquiries or complaints should be:
13.1.1. e-mailed to firstname.lastname@example.org ;
13.1.2. addressed to customer services on telephone number 01792 586829 : or
13.1.3. sent by post to Superbike Bodywork, Bynau Duon, Fforestfach, Swansea. SA5 4NL
14. Intellectual Property14.1. The entire content of the Website, including all copyright, trademarks and other intellectual property rights it contains, including the use of the name "Superbike Bodywork" is the sole property of Superbike Bodywork 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 Superbike Bodywork.
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 Superbike Bodywork against any loss, damages, costs, expenses or other claims arising out of any such infringement.
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 Superbike Bodywork.