Section A:
Racing Passion Conditions of Sale By placing an order for goods you confirm your agreement to our terms and conditions of sale, as set out below:
Conditions
1. An order for goods placed by you, the buyer through our website shall be subject to these terms and conditions
2. All other terms and conditions, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
3. Nothing in these terms and conditions shall affect the statutory rights of any consumer Orders
4. All orders for goods shall be deemed to be an offer by you, the buyer, to purchase goods pursuant to these terms and conditions
5. You, the buyer, shall be responsible for ensuring the accuracy of the details provided on the order form and we will not be obliged to accept an order unless all details requested on the order form have been entered correctly
6. No order submitted by you, the buyer, shall be deemed to be accepted by us unless and until we confirm acceptance of the your order by e-mail (where applicable) or by telephone
7. We are entitled to refuse any order placed by you and will not be required to provide an explanation
8. The minimum order accepted by us will be £10.00 plus the cost of postage and packaging.
Goods
9. If any goods are out of stock, discontinued or unavailable for any other reason then you will be informed by email or phone and, if possible, an alternative suggested.
Price and Payment
10. The price of the goods will be the price quoted on the website at the date the order is received and will include VAT plus individual delivery costs determined by weight and size in the United Kingdom unless specified otherwise.
11. We reserve the right, by giving notice to you, the buyer, at any time before delivery to increase the price of the goods to reflect any increase in the cost to us, which is due to any factor beyond our control (such as without limitation, any foreign exchange fluctuation, significant increase in the costs of labour, materials or other costs of manufacture)
12. In the unlikely event of there being such an increase in the price of the goods you, the buyer, shall be entitled to cancel the order at any time before delivery
Payment
13. When we provide any goods to you, the buyer, under these terms and conditions, payment will be charged to the credit or debit card account provided by you on the website order form
14. By placing an order, you, the buyer, consent to payment being charged to your credit or debit card account as provided on the order form. Your credit or debit card will not be charged until the goods are ready to be dispatched.
15. Title to the goods will pass to you, the buyer, on payment in full of the price of the goods
16. We will issue you with an electronic receipt with the goods to be delivered
Delivery
17. The goods will be delivered to you, the buyer, at the address provided by you on the order form.
18. The risk in the goods shall pass to you upon such delivery taking place.
19. Subject to clause 20. below, the goods will usually be dispatched to you within 2-4 working days of our confirmed acceptance of your order.
20. Any dates quoted for delivery of the goods are approximate only and we shall not be liable for any delay in delivery of the goods however caused. If however we are unable to deliver your goods by the date quoted for delivery you, the buyer shall be entitled to cancel the order at any time before delivery takes place.
21. You should note that we are only able to deliver to locations within the United Kingdom at present. Return of goods
22. You, the buyer, will inspect the goods as soon after delivery as is reasonably practicable and will notify us of any shortages, defects in the goods or any other complaint in respect of them within 7 days from the date the goods were delivered.
SAVE IN RESPECT OF ANY SHORTAGES OR DEFECTS IF YOU, THE BUYER, FAIL TO COMPLY WITH THIS CLAUSE WE WILL NOT BE HELD LEGALLY LIABLE IN RESPECT OF ANY OTHER COMPLAINT WHICH SHOULD HAVE BEEN BROUGHT TO OUR ATTENTION WITHIN THIS PERIOD
23. You must only return goods with our prior authorisation.
Your Warranty
24. You, the buyer, warrant that all details provided on the order form for the purpose of purchasing the goods are correct, that the credit or debit card you are using is your own and that there are sufficient funds and/or sufficient unused limit available to cover the cost of the goods
LIMITATION OF LIABILITY
25. We will use all reasonable endeavours to carry out our obligations within a reasonable period of time but will not be liable to you, the buyer for any loss, costs or expenses arising directly or indirectly from any delays in doing so and we will not be deemed to be in breach of this Agreement by reason of any delay in performing, or any failure to perform, any of its obligations in relation to this Agreement, if the delay or failure was due to any cause beyond our reasonable control. Without prejudice to the generality of the foregoing, the following will be regarded as causes beyond our reasonable control:
25.1.1 Act of God, explosion, flood, tempest, fire, vandalism, break-in or accident;
25.1.2 War or threat of war, sabotage, civil disturbance or requisition;
25.1.3 Acts, restrictions, regulations, byelaws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
25.1.4 Import or export regulations or embargoes;
25.1.5 Strikes, lockouts or other industrial actions or trade disputes;
25.1.6 Difficulties in obtaining raw materials, labour, fuel, parts or machinery;
25.1.7 Power failure or breakdown in machinery If we are prevented from carrying out our obligations in the above circumstances, we will notify you by email. If we are still prevented from carrying out our obligations 3 weeks from the dated such notice was sent, then either party may give written notice to the other cancelling the Agreement. If the Agreement is cancelled in this way we accept no liability to compensate you for any loss or damage caused by failure to perform
26. Except where you, the buyer are dealing as consumer (as defined in the Unfair Contract Terms Act 1977 section 12 as amended) we do not give any warranty, guarantee or indemnity as to quality, fitness for purpose or otherwise of the goods
27. Except in respect of death or personal injury caused by our negligence, we will not be liable to you, the buyer, for any loss of profit or any indirect special or consequential loss, damage, costs, expenses or other claims, which arise out of or in connection with the supply of goods other than as a result of a breach of an obligation arising under the Sale of Goods Act 1979 (as amended) and the Supply of Goods and Services Act 1973.
Intellectual Property
28. The copyright in the material contained in this website and any trademarks and brands included in that material belongs to Racing Passion or its licensors
29. You may download or copy the content and other downloadable items displayed on the website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the website for other than personal use is expressly prohibited General
30. We may from time to time change, alter, adapt, add or remove portions of these terms and conditions but if we do so we will post any such changes on the website
31. If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this Agreement and the remainder of the provision in question will not be affected
32. English law will apply to this Agreement, and the parties agree to submit to the non-exclusive jurisdiction of the English courts
33. The headings in this Agreement are for convenience only and will not affect their interpretation
Fraud
34. Attempts to purchase goods with false, invalid or stolen information may be dealt with as fraud. All IP addresses are logged and any other personal information may be passed onto the relevant authority following any fraudulent or suspected fraudulent transaction.
35. We may contact you in relation to any order to clarify information provided as part of fraud prevention programme.
36. Notwithstanding any of the other terms and conditions we reserve the right to refund and cancel any orders that are fraudulent or suspected to be fraudulent.
E-mail
37. By placing your order you agree that we may from time to time send email to you with exciting news and information from Racing Passion. We will stop sending you such email if you notify us by email to andy@racingpassion.co.uk
Section B:
Website Terms & Conditions and Privacy Policy
These terms and conditions apply to your use of the Racing Passion’s Website. By accessing this Website, you agree to be bound by them. Definitions "Conditions" means these terms and conditions: "Personal Information" means any personal details provided by you via the Website; "User(s)" means (a) user(s) of the Website either collectively or individually, as the context requires; "We/us/our" means Racing Passion, "Website" means the website located at www.racingpassion.co.uk or any subsequent URL which may replace it; and "You/your" means you as a user of the Website.
1. Access We will provide you with access to the Website in accordance with these Conditions.
2. Your Obligations
2.1 You:
2.1.1 agree not to use the Website (or any part of) for any illegal purpose and agree to use it in accordance with all relevant laws;
2.1.2 agree not to upload or transmit through the Website any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer;
2.1.3 will not upload or transmit through the Website any material which is defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety;
2.1.4 will not use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired;
2.1.5 will not use the Website in any manner which violates or infringes the rights of any person, firm or company (including, but not limited to, rights of confidentiality or rights of privacy);
2.1.6 agree that in the event that you have any right, claim or action against any Users arising out of that User's use of the Website, then you will pursue such right, claim or action independently of and without recourse to us.
3. Indemnity
3.1 You agree to be fully responsible for (and fully indemnify us against) all claims, liability, damages, losses, costs and expenses, including legal fees, suffered by us and arising out of any breach of the Conditions by you or any other liabilities arising out of your use of the Website, or the use by any other person accessing the Website using your PC or internet access account.
4. Our Rights
4.1 We reserve the right to:
4.1.1 modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
4.1.2 change these Conditions from time to time, and your continued use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
4.2 We will use our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.
5. Third Party Links In an attempt to provide increased value and interest to our Users; we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
6. Monitoring We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).
7. Your Data
7.1 We respect your personal information and undertake to comply with applicable UK Data Protection legislation from time to time in place.
7.2 You should be aware that:
7.2.1 if we are requested by the police or any regulatory or government authority investigating suspected illegal activities, or upon receipt of a court order, to provide your Personal Information and/or information concerning your activities whilst using the Website we shall do so; and
7.3 We reserve the right in our reasonable discretion to disclose details of your use of the Website in relation to any, or any threatened, Court Proceedings in connection with your use, or the use of anyone under your control, of the Website whether in connection with the matters set out in these Conditions or otherwise.
7.4 Please view our Privacy Policy, which forms part of these Conditions. .
8. Notices
8.1 You may send us notices under or in connection with these Conditions:
8.1.1 by post to Racing Passion 110, Anerley Road London SE19 2AN
8.1.2 by email to andy@racingpassion.co.uk
8.2 As proof of sending does not guarantee our receipt of your notice, you must ensure that you have received an acknowledgement from us, which will be sent within 3 working days of our receipt and should be retained by you.
9. LIMITATION OF LIABILITY
9.1 WHILE WE WILL USE REASONABLE ENDEAVOURS TO VERIFY THE ACCURACY OF ANY INFORMATION WE PLACE ON THE WEBSITE, WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO ITS ACCURACY.
9.2 The Website is provided on an "as is" and "as available" basis without any representation or endorsement. Unless specified in separate terms and conditions related to a particular product or service, we make no warranties of any kind, whether express or implied, in relation to the Website, or products or services offered on the Website whether by us or on our behalf including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade.
9.3 Unless specified in separate terms and conditions related to a particular product or service, we make no warranty that the Website or products or services offered on the Website whether by us or on our behalf of, will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Website or the server that makes it available or products or services offered on the Website whether by us or on our behalf are fully functional, accurate, or reliable. We will not be responsible or liable to you for any loss of content or material as a result of uploading to or downloading from the Website.
9.4 Notwithstanding any other provision in the Conditions, nothing shall limit your rights as a consumer under English law.
9.5 You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Website and any information provided to or taken from the Website by you.
9.6 We will not be liable in contract, tort or otherwise if you incur loss or damage connecting to the Website through a third party's hypertext link.
9.7 We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with the Website or products or services offered on the Website whether by us or on our behalf for:
9.7.1 any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
9.7.2 any loss of goodwill or reputation; or
9.7.3 any special or indirect or consequential losses; in any case whether or not such losses were within the contemplation of either of us at the date on which the event giving rise to the loss occurred.
10. Severance If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
11. Waiver Nothing shall be construed as a waiver by us of any preceding or succeeding breach of any provision.
12. Survival Each provision of these Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
13. Entire Agreement These Conditions (as amended from time to time) contain the entire agreement between you and us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between you and us in relation to such matters. No oral explanation or oral information given by either of us shall alter the interpretation of these Conditions. You confirm that, in agreeing to accept these Conditions, you have not relied on any representation save insofar as the same has expressly been made a representation in these Conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these Conditions save that your agreement contained in this Clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of these Conditions.
14. Law The Conditions will be exclusively governed by and construed in accordance with the laws of England and Wales whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.
15. Privacy Policy
15.1 We may collect information about your personal details both when you tell us what these are and by analysis of traffic on the Website, including by using cookies.
15.1.2 A cookie is a piece of information that is stored on your computer's hard drive by your web browser. On revisiting the Website our computer server may recognise the cookie, giving us information about your last visit. Most browsers accept cookies automatically, but usually you can alter the settings of your browser to prevent automatic acceptance. If you choose not to receive cookies, you may still use most of the features of the Website.
15.1.2.1 We may use cookies for recognition purposes at logon through the use of a persistent cookie placed on your hard drive. This cookie may be deleted at the end of each session/visit.
15.2 We may use information collected about you to help us (a) develop the design and layout of the Website to ensure that it is as useful and enjoyable as possible.
15.3 In addition, we may provide aggregate statistics about our services, competitions, clients, traffic patterns and other site information to third parties, but these statistics will not include any information that could personally identify you. In the event that your personal details become untrue, inaccurate or incomplete, or in any event, you have the right to access your personal details and may rectify the same. You confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Telecommunications (Data Protection and Privacy) Regulations 1999.
15.4 We reserve the right to access and disclose individually identifiable information to comply with applicable laws and lawful government requests or requests by the police investigating suspected illegal activities, to operate our systems properly or to protect ourselves or other Users. We also reserve the right to disclose individually identifiable information to third parties if a complaint arises concerning your use of the Website, and that use is deemed by us inconsistent with the Conditions.
15.5 When you input information and purchase from us, we offer appropriate physical, electronic and managerial security measures in order that you may input information safely whilst effectively preventing that information from being accessed by unauthorised persons. In addition, we comply with the UK Data Protection Act 1998.
15.6 Some links in the software package provide information concerning the referrer URL and is used for marketing and research purposes only. Upon using this website you agree to accept this tracking method. We welcome your questions and comments about the design of the Website. Should you have such comments or have a complaint, please send an email to andy@racingpassion.co.uk.
