Carl Douglas Racing Shells
CONSUMER TERMS OF SALE
PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE.
1.
Format of the Contract
1.1 These terms
of sale apply to all goods supplied through our Web
Shop by Carl Douglas Racing Shells, hereinafter the Supplier,
which is a partnership with office at Harris Boatyard, Laleham Reach,
Chertsey, Surrey KT16 8RP, England.
1.2 No contract
exists between you and the Supplier for the sale of any goods until the Supplier has received and accepted your order
and the Supplier has received payment in full (in cleared funds). Once the Supplier does so, there is a binding legal
contract between us.
1.3 By way of clarification, an acknowledgement of your order will be sent to you via e-mail
when you place your order, but acceptance of your offer to buy the goods will not take place until after your payment
is taken and you receive your acceptance e-mail. It is at this point that a binding legal contract is created and
any contract is subject to these Terms and Conditions.
1.4 The contract is subject to your right of cancellation (see below).
1.5 The Supplier may change these terms of sale without notice to you in relation to future
sales.
2.
Description and price of the goods
2.1 The description and price of the goods you order will be as shown on the Supplier's website
at the time you place your order.
2.2 The goods are supplied subject to availability. If on receipt of your order the goods
ordered are not available in stock, the Supplier will inform you as soon as possible and refund or re-credit you for
any sum paid by you or debited from your credit card for those goods.
2.3 Every effort is made to ensure that prices shown on the Supplier's website are accurate
at the time you place your order. If an error is found, the Supplier will inform you as soon as possible and offer
you the option of reconfirming your order at the correct price, or cancelling your order. If the Supplier does not
receive an order confirmation within 14 days of informing you of the error, the order will be cancelled automatically.
If you cancel the order, or if the order is cancelled automatically due to expiry of the 14 day period, the Supplier
will refund or re-credit you for any sum that was paid by you or debited from your credit card for those goods.
2.4 In addition to the price of the goods, you will be required to pay the indicated delivery
charge for the goods.
3.
Payment
3.1 Payment for the goods and delivery
charges can be made by any method shown on the Supplier's
website at the time you place your order. Payment shall be due
before the delivery date and time for payment shall
be a fundamental term of this agreement, breach of which shall
entitle the Supplier to terminate the contract immediately.
3.2 There will be no delivery until cleared funds are received.
3.3 Payments shall be made by you without any deduction whatsoever unless you have a valid
court order requiring an amount equal to such deduction to be paid by the Supplier to you.
.
4.
Delivery
4.1 The goods which you order will be delivered to the address that you give when you place
your order, except that some deliveries are not made outside the United Kingdom and certain large items which cannot
be economically shipped are available for collection only.
4.2 Orders for stock items received
before 10.00 am on a working day will be processed that
day and will be delivered as per the requested delivery option
provided that no additional security checks are required
and that all stock items are available. (A working day is any
day other than weekends and bank or other public holidays.)
.
4.3 Orders for non-stock items which are made specifically to your order and include riggers,
seats, stretchers and steering equipment will be subject to normal manufacturing times which will be confirmed within
1 working day of receipt of order.
4.4 If delivery cannot be made to your address for reasons under the Supplier's control the
Supplier will inform you as soon as possible.
4.5 If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances
under control of the Supplier) then without prejudice to any other right or remedy available to the Supplier, the
Supplier may:
4.5.1 store the goods until actual delivery and charge you for reasonable
costs (including insurance) of storage; or
4.5.2 sell the goods at the best readily obtainable price and (after
deducting all reasonable storage and selling expenses) account to you for any excess over the price you agreed to
pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods.
4.6 If you fail to take delivery because you have cancelled your contract under
the Distance Selling Regulations the Supplier shall refund or re-credit you within 30 days for any sum that has been
paid by you or debited from your credit card for the goods. On exercising your right to cancel you shall be required
to return the goods to the Supplier. Should you fail to return the goods, the Supplier reserves the right to deduct
any direct costs incurred by the Supplier in retrieving the goods as a result of such failure.
4.7 Every effort will be made to deliver the goods as soon as possible after your order has
been accepted. However, the Supplier will not be liable for any loss or damage suffered by you through reasonable
or unavoidable delay in delivery. In this case, the Supplier will inform you as soon as possible.
4.8 Upon receipt of your order you will be asked to sign for the goods received in good condition.
If the package does not appear to be in good condition then please refuse the delivery. If you are unable to check
the contents of your delivery at the point of delivery then please sign for the parcel as "UNCHECKED". Failure
to do so may affect any warranty claims that you make thereafter.
5.
Risk/Title
5.1 The goods are at your risk from the time of delivery.
5.2 Ownership of the goods shall not pass to you until the Supplier has received in full (in
cash or cleared funds) all sums due to it in respect of:
5.2.1 the goods, and
5.2.2 all other sums which are or which become due to the Supplier from
you on any account.
5.3 The Supplier shall be entitled to recover payment for the goods even though ownership of
any of the goods has not passed from the Supplier.
6.
Title for Business Customers
6.1 If you are a business customer, until ownership of the goods has passed to you, you must:
6.1.1 store the goods (at no cost to the Supplier) separately from all
your other goods and goods of any third party in such a way that they remain readily identifiable as the Supplier's
property;
6.1.2 not destroy, deface or obscure any identifying mark or packaging
on or relating to the goods, maintain the goods in satisfactory condition and keep them insured on the Supplier's behalf
for their full price against all risks to the reasonable satisfaction of the Supplier. On request you shall produce
the policy of insurance to the Supplier; and
6.1.3 hold the proceeds of the insurance referred to in condition 6.1.2
on trust for the Supplier and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.
6.2 If you are a business customer your right to possession of the goods shall terminate immediately
if:
6.2.1 you have a bankruptcy order made
against you or make an arrangement
or composition with your creditors, or otherwise take the benefit
of any statutory provision for the time being in force
for the relief of insolvent debtors, or (being a body corporate)
convene a meeting of creditors (whether formal or informal),
or enter into liquidation (whether voluntary or compulsory) except
a solvent voluntary liquidation for the purpose only
of reconstruction or amalgamation, or have a receiver and/or
manager, administrator or administrative receiver appointed
of its undertaking or any part thereof, or a resolution is passed
or a petition presented to any court for your winding
up or for the granting of an administration order in respect of
you, or any proceedings are commenced relating to your
insolvency or possible insolvency; or
6.2.2 you suffer or allow any execution, whether legal or equitable,
to be levied on your property or obtained against you or you are unable to pay your debts within the meaning of section
123 of the Insolvency Act 1986 or you cease to trade; or
6.2.3 you encumber or in any way charge any of the goods.
7.
Your right of cancellation
7.1 You have the right to cancel the contract at any time up to the end of 7 working days after
you receive the goods (see below).
7.2 To exercise your right of cancellation, you must give written notice to the Supplier
by hand, post or e-mail, giving details of the goods ordered and (where appropriate) their delivery. Notification by
telephone will not be sufficient.
7.3 Except in the case of faulty or
misdescribed goods, if you exercise your right of cancellation
after the goods have been delivered to you, you will be
responsible for returning the goods to the Supplier at your
own cost. The goods must be returned to the address shown within
the Returns on Line section of the website. You must
take reasonable care to ensure the goods are not damaged in the
meantime or in transit. In the case of faulty or misdescribed
goods we shall, after receiving notification in accordance with
clause 8.3 or 8.4, either collect the goods from you
or ask you to return the goods yourself and possibly refund you
the reasonable postage costs.
7.4 Once you have notified the Supplier that you are cancelling the contract, the Supplier will
refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the
goods.
7.5 Except in the case of faulty or misdescribed goods, if you do not return the goods as required,
the Supplier may charge you a sum not exceeding the direct costs of recovering the goods.
7.6 You do not have the right to cancel the contract if the order is for goods which have been
unsealed, for consumable goods which, by their nature, cannot be returned, or for goods which have been made to your
specification, save where a fault is discovered which could not have been discovered otherwise than by unsealing the
goods.
8.
Warranty
8.1 All goods supplied by the Supplier are warranted free from defects for 12 months from the
date of supply (unless otherwise stated). This warranty does not affect your statutory rights as a consumer.
8.2 This warranty does not apply to any
defect in the goods arising from fair wear and tear,
willful damage, accident, negligence by you or any third party,
use otherwise than as recommended by the Supplier, failure
to follow the Supplier's instructions, or any alteration or repair
carried out without the Supplier's approval.
8.3 If the goods supplied to you are damaged on delivery, you should notify the Supplier
in writing or by e-mail within 14 days.
8.4 If the goods supplied to you develop a defect while under warranty or you have any
other complaint about the goods, you should notify the Supplier in writing or by e-mail as soon as possible, but in
any event within 14 days of the date on which you discovered or ought to have discovered the damage, defect or complaint.
9.
Limitation of Liability
9.1 Subject to 9.2 below, if you are a consumer the Supplier shall not be liable to you for
any loss or damage in circumstances where:
9.1.1 there is no breach of a legal duty owed to you by the Supplier
or by its employees or agents;
9.1.2 such loss or damage is not a reasonably foreseeable result of
any such breach;
9.1.3 any increase in loss or damage resulting from breach by you of
any term of this contract.
9.2 Nothing in these conditions excludes or limits the liability of the Supplier for death or
personal injury caused by the Supplier's negligence or fraudulent misrepresentation.
9.3 If you are a business customer the Supplier shall not be liable to you for any indirect
or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise),
costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in
connection with this agreement.
10.
Data Protection
The Supplier will take all reasonable precautions to keep the details of your order and payment secure but unless
the Supplier is negligent, the Supplier will not be liable for unauthorised access to information supplied by you.
11.
Images
Product images are for illustrative purposes only and may differ from the actual product.
These terms of sale and the supply of the goods will be subject
to English law and the English courts will have jurisdiction
in respect of any dispute arising from the contract, save that
consumers resident in Scotland shall have the right
to insist upon these terms being construed in accordance with
the laws of Scotland and to submit to the jurisdiction
of Scottish courts.