1 Parties To This Agreement
1.1. In these Terms and Conditions 'We', 'Us', 'Our' means Motorgeek.co.uk and 'You', 'Your' means the customer whose name and address has been inserted by You in the Order Form either on this website or in our literature.
1.2 The "Manufacturer (s)" shall mean the original manufacturers of the products sold.
1.3 The "Conditions" shall mean these Conditions of Sale.
1.4 The "Purchaser" shall mean the company or individual who buys or has agreed to buy goods.
1.5 The "Goods" shall mean items of any nature that the Purchaser buys or has agreed to buy from the Company.
1.6 The "Publications" shall mean any information provided by the Company.
1.7 The ‘Company’ means Motorgeek.co.uk
2 The Agreement
2.1. On Our accepting Your order for the Goods You agree to be bound by these Terms and Conditions of Sale.
2.2. We will not accept any changes to these Terms and Conditions of Sale unless those changes are agreed between You and Us in writing (which includes by e-mail) before We accept Your order for the Goods.
3.1 Although great care has been taken to ensure the accuracy of any information provided in the Publications of the Company, the Publications are provided without any representation or warranty and in no event shall the Company be liable in connection with the use of that information.
3.2 The Company reserves the right to make changes to the information contained in the Publications at any time and without notice.
3.3 The Publications may provide links to other web sites, which are not under the control of the Company and We shall not be responsible in any way for the content of such other web sites. The Company provides such links only as a convenience, and the inclusion of any link to a web site does not imply endorsement by the Company of the content of such sites.
3.4 Copyright in the Publications provided by the Company are the property of the Company and all rights are reserved.
3.5 Permission is granted to electronically copy and to print in hard copy portions of these Publications for the sole purpose of placing an order with the Company or using the Publications as a shopping resource. Any other use of materials in these Publications including reproduction for purposes other than those noted above, modification, distribution or republication without the written consent of the Company is strictly prohibited.
3.6 The trademarks and logos contained in the Publications are either the trademarks or registered trademarks of the Company or the Manufacturers
4 Terms of Payment
4.1 Unless otherwise agreed, the Purchaser will pay for all goods in Pounds Sterling in advance of receipt by either pro forma invoice or by credit card or debit card or by such other form of cleared funds as agreed by the Company.
4.2 Where payment is made by cheque, international money order or direct bank transfer it shall not be deemed to have been made until the payment has been honoured by the drawer's bank and cleared in the Company's bank account.
4.3 Where payment is made by foreign cheque, international money order or direct bank transfer the Purchaser shall be liable for all bank charges.
4.4 Legal and beneficial ownership of Goods shall remain with the Company until full payment for the Goods and/or other charges arising under these conditions has been made in full. The risk as to loss or damage of the said Goods shall, however, pass to the Purchaser upon delivery thereof.
5.1 The Company reserves the right to change or amend the price of the Goods at any time. Any order placed by a Purchaser and acknowledged and agreed by the Company in writing prior to the date of such price change will be charged at the price acknowledged and agreed by the Company.
5.2 Unless otherwise stated the price of Goods excludes the cost of delivery.
5.3 The price you see is what you pay - no additional UK taxes will be levied. For shipments to locations outside of the UK any taxes/customs duties applied by the relevant authorities will be the responsibility of the Purchaser .
6.1 The Company will endeavour to hold an inventory of Goods listed in the Publications but makes no guarantee to fulfil the Purchaser's order from the Company or Manufacturer's stockholding.
6.2 We endeavour to dispatch all orders either the same or next working day. All goods will be sent via the selected delivery method at checkout.
6.3 Delivery costs to your specified location will be shown on the shopping cart page after selecting Goods for purchase.
6.4 Any delivery dates are promises given in good faith by The Company to indicate estimated delivery times but shall not amount to any contractual obligation to deliver at the time stated. The Company will accept no liability for or consequential loss or damage arising from delay in delivery. Goods are dispatched via various recognised carriers.
6.5 The Company will dispatch Goods to the address given to the Company by the Purchaser at the time of the registration of the order. The Company shall not be liable for any loss or liability whatsoever or however arising in any respect if the Purchaser charges the Company to change the delivery address after the Company has dispatched the Goods. It is the responsibility of the Purchaser to redeem the Goods at the Purchaser's expense from the address to which the Goods were delivered and to inform the Company that such redemption has been effected
6.6 Delivery of the Goods shall be deemed to have taken place upon the first point in time of any signature of any delivery note by an agent, employee or representative of the Purchaser or by any independent person and shall be conclusive proof of the delivery of the Goods.
6.7 The Purchaser shall send written notification to the Company within 7 days of the Purchaser receiving written notification from the Company of the shipment of the Goods if the said Goods have not been received by the Purchaser.
6.8 The Purchaser shall send written notification to the Company within 3 days of the Purchaser receiving the Goods if the Goods are received in a damaged condition. The Purchaser will be deemed to have accepted the said damaged Goods and indemnified the Company from any liability whatsoever if the Company has not received written notification from the Purchaser within this notification period. On receipt, goods should be checked with the advice note enclosed with the goods. Shortage claims will only be considered if The Company receives written notification of such shortage within 24 hours of delivery, failing which no liability will be admitted..
7 Cancellations & Returns
7.1 Cancellation of orders should be made within 7 days of receipt of goods, whereby a full refund of the cost of goods will be made on safe return of the undamaged goods to Motorgeek.co.uk. The Company reserves the right to charge a restocking fee of 15% when cancellation of an order has been agreed. Goods so returned must be consigned (carriage paid) and accompanied by a packing note stating the Company invoice number and date thereof together with the reason for return. All returned Goods must be returned unused in the original packaging and in a saleable condition.
7.2 The Company accepts no liability whatsoever for Goods returned to it in any other circumstances and such Goods that are returned will be sent at the Purchaser's risk and expense and the Purchaser shall indemnify the Company in respect of any storage, carriage or any other charges paid or incurred in the return of such Goods.
8 Law and Jurisdiction
8.1 The law of England shall apply and the English Courts shall have sole jurisdiction in respect of any claim or dispute in any way arising from the sale of Goods under these terms by the Company to any Purchaser in any part of the world.
8.2 These terms and conditions do not affect the statutory rights of consumers.
9 Data Protection
The Customer agrees that The Company may put its name and other details obtained from the order form into a computerised database for The Company's use and to enable The Company to provide the Service unless the Customer gives specific written instructions to the contrary.
Customer information is not shared nor used for purposes other than order fulfilment, ongoing product development and communications.
All Customer data is securely maintained.
10 Site Contents
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs and other materials that appear as part of this Site (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Motorgeek.co.uk and its subsidiaries. In addition, the Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by Motorgeek.co.uk
The Contents of our Site, and the Site as a whole, are intended solely for personal, non-commercial (other than for the purchase of merchandise from our site) use by the users of our Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.
11 Customer Comments, Feedback & Submissions
All comments, feedback and other submissions disclosed, submitted or offered to Motorgeek.co.uk on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Comments") shall be and remain Our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to motorgeek.co.uk of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Motorgeek.co.uk will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Motorgeek.co.uk is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.
You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libellous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
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