Terms & Conditions
TERMS AND CONDITIONS OF SALE FOR BUYERS USING THE SITE OF RACE HAUS LIMITED
1 DEFINITION
1.1 Buyer means the individual or organisation who buys, or agrees to buy, the Goods from the Seller;
1.2 "Consumer" shall have the meaning ascribed in section 12 of the UK's Unfair Contract Terms Act 1977;
1.3 "Contract" means the contract between the Seller And the Buyer for the sale And purchase of Goods incorporating these Terms And Conditions;
1.4 "Goods" means the articles that the Buyer agrees to buy from the Seller;
1.5 "Seller" Is Race Haus Limited from 9 Shipley Avenue, Newcastle Upon Tyne, UK, NE4 9QY. The registered office of Race Haus Limited Is 9 Shipley Avenue, Newcastle Upon Tyne, UK, NE4 9QY. Company place of registration Is England & Wales - 13285753 Race Haus Limited Is also the website address www.racehaus.co.uk And any sub-domains Or derivatives thereof;
1.6 "Terms And Conditions" means the terms And conditions of sale set out in this agreement And any special terms And conditions agreed in writing by the Seller;
1.7 "VAT" means value added tax chargeable under the Value Added Tax Act 1994 And any similar replacement And any similar additional tax; And
1.8 "Website" means this website.
1.9 The Website owner Is Race Haus Limited.
1.10 A person who Is Not a party to this Contract has no rights under the Contracts (Rights of Third Parties) Act 1999 Or otherwise to enforce this Contract.
2 CONDITIONS
2.1 Nothing in these Terms And Conditions shall affect the Buyer's statutory rights as a Consumer.
2.2 These Terms And Conditions shall apply to all Contracts for the sale of Goods by the Seller to the Buyer And shall prevail over any other documentation Or communication from the Buyer.
2.3 Clicking for an order shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions.
2.4 Any variation to these Terms And Conditions (including any special terms And conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
2.5 Any complaints should be addressed to the Seller's trading address stated in clause 1.5.
3 ORDERING
3.1 All orders for Goods shall be deemed an offer by the Buyer to purchase Goods pursuant to these Terms And Conditions And are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
3.2 Where the Goods ordered by the Buyer are not available from stock, the Buyer shall be notified by the Seller And given the option to either wait until the Goods are available from stock Or cancel the order And receive a full refund within 30 days.
4 PRICE AND PAYMENT
4.1 The price of the Goods shall be that stipulated on the Website. The total purchase price, including VAT, taxes And delivery charges, will be displayed In the Buyer's shopping cart before confirming the order. After the order is received, if the seller wishes to accept it, the Seller shall confirm by email the details, description and price for the Goods. Payment of the price must be made in full before dispatch of the Goods by the Seller.
4.2 If the Buyer orders Goods from the Website for delivery outside of the UK, they may be subject To import duties, And taxes levied When the delivery reaches the specified destination. The Buyer will be responsible For payment Of such import duties And taxes. The Buyer should note that the Seller has no control over these charges And cannot predict their amount. The Buyer should contact their local customs office For further information before placing an order.
5 RIGHTS OF SELLER
5.1 The Seller reserves the right periodically to update prices on the Website, which cannot be guaranteed For any period Of time. The Seller shall make every effort To ensure prices are correct when the Buyer places an order.
5.2 The Seller can reserve the right to withdraw any Goods from the Website at any time.
5.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or refusing to process an order.
5.4 Where any Goods ordered are not available, the Seller reserves the right To substitute Goods where the operating capabilities And technical properties are Not, In the opinion Of the Seller, adversely affected. Furthermore, vehicle And/Or component manufacturer’s names, product And equipment names, descriptions, identifications And part numbers are used For reference purposes only. The right Of the Seller Is reserved To change the brand Of any component supplied, information, specification Or price, without prior notice.
6 AGE OF CONSENT
6.1 Where Goods may only be purchased by persons of a certain age, the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods.
6.2 If the Seller discovers that the Buyer Is Not legally entitled to order Goods, the Seller shall be entitled To refuse To accept the order immediately.
7 WARRANTY
7.1 The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller on the Website. Except where the Buyer Is dealing As a Consumer, all other warranties, conditions, Or terms by the Seller relating To fitness For the purpose, merchantability Or condition Of the Goods, whether implied by statute, common law Or otherwise are excluded, And the Buyer Is satisfied As To the suitability Of the Goods For the Buyer's purpose.
7.2 All Goods supplied by the Seller are New And covered by a manufacturer-supported warranty. The only warranties given are those of the manufacturer (which usually comprises a 12-month manufacturer-supported warranty). The Buyer may, however, purchase an additional warranty from the Seller. In case of a complaint, the Buyer should address the complaint to the Seller, who will return the Goods to the manufacturer, Or their agent, to get the Goods tested to ascertain the problem with the Goods (i.e. whether it Is a manufacturing fault Or another problem on the vehicle causing a malfunction of the Goods supplied) And who will undertake the appropriate course of action thereafter which may include repair Or replacement of the Goods.
7.3 Any manufacturer-supported warranty supplied by the Seller Is for the parts only And does not cover the cost of labour to fit the Goods should a claim arise. The Buyer should also note that certain parts of Goods are considered As consumables by manufacturers And, As such, damage caused during their use may not be covered under warranty.
7.4 All damage claims must be made within 24 hours of actual receipt of delivery. After this period, the buyer will not be help liable.
8 DELIVERY
8.1 Goods supplied to Buyers within the UK vary but will normally be delivered within 30 days of order acceptance. Goods supplied to Buyers from outside the UK will have a separate estimate time.
8.2 Where a specific delivery date has been agreed, and where this delivery Date cannot be met, the Buyer will be notified And given the opportunity To agree on a New delivery Date Or receive a full refund.
8.3 The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event, time Of delivery shall Not be Of the essence, And the Seller shall Not be liable For any losses, costs, damages Or expenses incurred by the Buyer Or any third party arising directly Or indirectly out Of any failure To meet any estimated delivery Date.
8.4 Delivery of the Goods shall be made to the Buyer's address specified in the order, and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
8.5 The Goods will be at the Buyer’s risk from the time of delivery.
8.6 Ownership of the Goods will only pass to the Buyer when the Seller receives payment of all sums due in respect of the Goods, including delivery charges.
8.7 All deliveries will include packaging unless otherwise stated.
9 CANCELLATION AND RETURN
9.1 The Buyer shall inspect the goods immediately upon receipt or signing for the unchecked Or damaged goods. If the Goods are damaged, And the Buyer has signed For the Goods As "Received In Good Condition", Then claims For damages cannot be made; therefore the Buyer shall be deemed To have accepted the Goods.
9.2 Where a defect or damage claim is made, and the Goods have been signed For As damaged Or unchecked, the Seller shall be responsible for recovering the Goods from the Buyer. The Buyer shall be entitled To a full refund (including delivery costs) If the Goods are defective.
9.3 If the Buyer Is a consumer resident in the United Kingdom Or the European Union, it has the right, In addition To its other rights, To cancel the Contract And receive a refund by informing the Seller via fax, email Or post within 7 working days Of receipt Of the Goods provided that the packaging has not been ripped And Is no longer In a saleable condition.
9.4 In the event of cancellation under Clause 9.3, the Buyer shall be responsible For the Return Of the Goods To the Seller, And the Buyer shall Return the Goods To the Seller within 14 days Of the Date Of purchase. The Buyer will be under a duty To take care Of the Goods until they have been recovered. The Buyer will receive a refund Of all monies (including any charges paid In Respect Of delivery Of the Goods To the Buyer) paid For the Goods within 30 days Of cancellation.
9.5 Goods to be returned must clearly show the invoice number obtained from the Seller on the package.
9.6 Where returned Goods are found to be damaged through no fault of the Seller, the Buyer will be liable For the cost Of remedying such damage Or, at the Seller's option, will not be entitled to a refund.
9.7 Certain brands require a restocking fee when orders are cancelled, Items with extended dispatch times can require up a 50% restocking fee. Customer will be made aware of the extended dispatch time at the point of sale.
10 LIMITATION OF LIABILITY
10.1 Except As may be implied by law where the Buyer Is dealing As a Consumer, In The Event Of any breach Of these Terms And Conditions by the Seller, the remedies Of the Buyer In respect Of the Goods (including, without limitation, In respect Of the supply Of incorrect Goods) shall be limited To damages which shall In no circumstances exceed the price Of the Goods (excluding VAT), And the Seller shall under no circumstances be liable For any indirect, incidental Or consequential loss Or damage whatever including, without limitation, the cost Of labour To fit the Goods.
10.2 Nothing in these Terms And Conditions shall exclude Or limit the Seller's liability for death Or personal injury resulting from the negligence of the Seller Or that of the Seller's agents or employees.
11 WAIVER
No waiver by the Seller (whether express Or implied) In enforcing any Of its rights under any Contract shall prejudice its rights To Do so In the future.
12 FORCE MAJEURE
The Seller shall Not be liable For any delay Or failure To perform any Of its obligations If the delay Or failure results from events Or circumstances outside its reasonable control, And the Seller shall be entitled To a reasonable extension Of time For compliance With its obligations.
13 SEVERANCE
If any term Or provision Of these Terms And Conditions Is held invalid, illegal Or unenforceable For any reason by any court Of competent jurisdiction such provision shall be severed And the remainder Of the provisions hereof shall Continue In full force And effect As If these Terms And Conditions had been agreed With the invalid, illegal Or unenforceable provision eliminated.
14 NOTICES
14.1 All notices given pursuant to these Terms And Conditions shall be in writing sent to the other's address for the time being.
14.2 Notices may be sent by hand delivery, pre-paid first Class post, fax, or email. Notices will be deemed To have been given:
14.2.1 If by hand delivery, at the time Of delivery.
14.2.2 If sent by post, on the second business day following the posting.
14.2.3 If sent by fax, at the time Of transmission, a fax confirmation sheet shall be evidence Of transmission.
14.2.4 If sent by email, when the notice Is received by the party To whom it Is addressed Is able To access it In an intelligible form (As defined by section 56(1) Of the Regulation Of Investigatory Powers Act 1998) And whether the recipient chooses To access it Is immaterial.
15 PRICE PROMISE
The Seller's aim is to provide all customers with outstanding value for money. To the best of its knowledge, it believes that the Buyer will not find the products sold by the Seller cheaper elsewhere. Because the Seller is so confident of this, it makes a "Guarantee Not To be beaten On price" statement.
Principally, the decision To give this guarantee Is wholly up To the Seller And although it will Try at all times, there are certain pre-conditions to uphold this guarantee.
The Seller's "Guarantee Not To be beaten On price" statement is subject to the following terms and conditions when making a claim:
1: The product must be identical product to the Goods sold.
2: The product must be in stock and available within the same delivery time frame.
3: Products of the same type but under different brand names cannot be claimed; these are classed as different products.
4: eBay listing or eBay shops are not included.
5: Websites or companies selling the same product outside the UK are not included.
6: Private sales on the internet or any other form of media are not included.
7: Promotions such as specials, new season prices, clearance prices and free offers that are not at everyday prices are not included.
8: The price comparison should include delivery, handling, and other charges.
9: A claim must be made within 14 days of delivery.
10: When making a claim, the Buyer must be able to provide the following details in order to substantiate its claim:
- a) The Buyer's full name, address and email address.
- b) The Buyer's invoice/order numbers if claiming after the Goods have been delivered.
- c) The product code and description of the item the Buyer found at a lower price.
- d) The location, media or webpage where the Seller can verify the price.
Please note that the Buyer must provide exact details of the competitor's product so the prices can be verified. Please also remember that other competitors may add delivery and even VAT to their prices, so it is important that the Buyer gathers the total price for the item before it sends any communication to the Seller.
A claim can be made by telephoning the Seller at the number provided on the Website or emailing info@racehaus.co.uk.
16 CHANGES TO TERMS AND CONDITIONS
The Seller shall be entitled to alter these Terms and Conditions at any time, but this right shall not affect the existing Terms and Conditions the Buyer accepts upon making an order.
17 APPLICABLE LAW AND JURISDICTION
The jurisdiction and law applicable to each Contract are that of England & Wales.