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WinSpeed Terms & Conditions Parts Sales

  1. These terms and conditions form the entire agreement (‘the Agreement’) between Winspeed Automotive Limited and the purchaser whose name appears on the invoice. If the goods (‘the Goods’) are purchased in the course of your business trade or profession. As such The Consumer Rights Act 2015 and Consumer Contract (Information, Cancellation and charges) Regulations 2013 does not apply to any transaction.
  2. You must be 18 or over to purchase Products from us. If you are purchasing age-restricted Products, we may ask you to provide proof of your age and if you cannot provide proof we reserve the right to cancel your order if we reasonably believe you are not legally entitled to order the Products. Unless we have agreed otherwise, Products must be signed for on delivery by a person aged 18 or over. Delivery will be completed when we deliver the Products to the address you specified in your order.
  3. The placement of orders via the website does not constitute a binding contract. Orders are accepted on the basis of stock and availability at the time of process and will be confirmed in writing via email. After placing an order with us you will receive an e-mail from us acknowledging that we have received your order, this does not mean that your order has been accepted, the order is an offer to us to buy goods.  All orders are subject to acceptance by us and we will confirm acceptance to you by sending you an e-mail to confirm that the ordered goods have been dispatched. The contract will only relate to the goods which we have confirmed in email as dispatched, we are not obliged to supply any other goods which may have been part of your order until the dispatch of such goods has been confirmed in a separate e-mail.
  4. The above clause 3 applies to all forms of orders either telephone or verbal and no contract can be presumed until confirmed in writing.
  5. The seller maintains the right to cancel any orders prior to the point of dispatch for any reasons they see fit.
  6. The title of the goods will remain with the seller until payment has been received in full and the ‘customer’ has received and accepted the goods. The prices of all goods are in Pounds Sterling (GBP) and include VAT at a rate of twenty percent. The items must be paid in full before the goods are dispatched apart from specially ordered goods which must be paid for when ordered & cannot be cancelled once ordered. Payment can be taken from the following credit / debit cards: Visa / Delta, Mastercard, Maestro / Solo. Bank transfers are also acceptable; our bank details are on the invoice. 
  7. If further information is required on any product the purchaser should seek advice from the seller who will advise in accordance of the sellers ability.
  8. Unless agreed otherwise all goods, upon receipt of cleared funds will be despatched within 30 days of the date of order. Goods will be dispatched using our standard delivery options unless an express option was purchased at the point of check out. We will use reasonable endeavours to deliver goods on any specified date we agree and with best endeavours within 2 working days thereof. In the case of unforeseen circumstances beyond our reasonable control (for example, adverse weather conditions, unpredictable delays caused by traffic congestion, road works, diversions or mechanical breakdowns; Covid 19 or Coronavirus or other pandemic) we may not be able to deliver the Products within these timescales and we will not be liable for any delay or failure to deliver the Products if the delay or failure is wholly or partly caused by such circumstances. In the event that a delivery does not take place, we and you will agree an alternative delivery date. We will make every attempt to ensure your order is delivered in the time frame specified but we cannot be responsible for the late delivery of goods by a third party.  If the goods which are sent to you by courier are not able to be received by the customer and are returned back to us, we reserve the right to make a further charge if the courier has to return.
  9. The seller accepts no liability for any damage or injury caused to persons, property or machinery from any goods purchased from this website. It is the purchaser’s responsibility to ensure any goods are fit for purpose and used in accordance to instructions that may or might not be provided by the relevant manufacturer of the goods purchased.
  10. All goods are examined before dispatch, however if any goods are deemed to be damaged upon receipt it is the purchasers responsibility to notify the seller within 2 days of receipt, communication in the first instance should be made by telephone and then supported by written confirmation via email.
  11. If the return of the goods is approved by the Seller the goods should be returned by the buyer at their expense within 14 days, via a suitable carrier ensuring that adequate insurance cover is provided. Proof of expense will be required; no claims for returned cost will be entered into without supporting evidence. The seller accepts no responsibility for the goods returned until received back into the warehouse and examined.
  12. Returned goods claiming to be damaged will be examined by the seller who will then if appropriate make a refund to the buyer in full in the same manner of the payment received or make provision for a credit note for goods to the same value. When you return the goods to us because you have cancelled the contract between us within the cancellation period, we will process the refund due to you as soon as possible, and in any case, within thirty days of the day you have given notice of your cancellation. In this case we will refund the price of the goods in full, including the cost of sending the items to you.  However you will be responsible for the cost of returning the items to us. Goods will remain under the customers’ care until received & checked by ourselves & deemed fit to be resold as new by WinSpeed Motorsport Ltd.  Should the goods be returned in a state unfit for resale then the customer must either have them removed from the premises of WinSpeed Motorsport or they will be shipped to the customer at the customer’s expense within fourteen days of the customer being informed that are not acceptable for resale. 
  13. If any goods, once delivered, prove to be unsuitable for the purpose for which it was purchased, providing it has not been used, marked, altered, or damaged in any way the customer may contact the seller to discuss the possibility to return the goods. If an agreement is made to return the goods it will be done at the purchaser expense and suitable insurance must be taken out as the liability for the goods will remain with purchaser until the goods are received back into the warehouse. If after examination the seller is happy with the condition of the goods a refund will be made in the same manner as payment was received, minus any carriage cost incurred by the seller. Specially ordered goods are goods which have been made to your specification and include all made to order parts & customers own units supplied for reconditioning.  Special order parts maybe excluded and are purchased as non-returnable unless by prior agreement and are proven to be defective.
  14. If we deliver a part to a private customer (not a business) or someone acting outside their business, trade or profession without meeting them face to face the sale the sale will be governed by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. This gives you certain rights that are explained below.

    Contract:
    The Company’s Sales Executive that you deal with will send you an order form detailing

    – The main characteristics of the goods.
    – Our address and contact details.
    – The total price of the goods.
    – Details of any additional delivery charges or other costs.
    – The arrangements for payment and delivery.

    Cancellation:
    You have the right to cancel this contract, in writing within 14 from the day you take collection by sending us an email.
  15. We shall have no liability to compensate you (whether in contract, tort (including negligence), breach of statutory duty or otherwise), other than any refund we make under these Terms or otherwise at our discretion.
  16. We accept no liability (whether arising in contract, tort (including negligence), for breach of statutory duty or otherwise) for any of the following losses:
    1. loss of profits, revenue, sales, income, or business;
    2. loss of savings;
    3. loss of use or production;
    4. loss of goodwill;
    5.  business interruption;
    6. damage to property or possessions through use or misuse of the Products;
    7. loss caused by delay or other late performance; and
    8.  Indirect or consequential losses.
  17. We will not be liable or responsible for any failure to perform, or in delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (Force Majeure Event)A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control & includes in particular (without limitation) the following:  strikes, lockouts or other industrial action, civil commotion, riot, invasion, terrorist attack; war or threat or preparation of war, fire, explosion, storm, flood, earthquake, subsidence; epidemic including Covid 19 or Coronavirus or other natural disasters; impossibility use of private or public transport; impossibility of the use of private or public telecommunications networks ; the acts , decrees, legislation, regulations, regulations or restrictions of any government .
  18. These terms and conditions are subject to the law of England and Wales, and the parties submit to the exclusive jurisdiction of the English Courts.
  19. If any part of this Agreement is held unlawful or unenforceable that part shall be struck out without it affecting the remainder of the agreement.