Terms and Conditions of sale by Torque Models (torquemodels.co.uk).
1.a "Buyer" means the individual or organization that buys or agrees to buy the Goods from the Seller;
1.b "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.c "Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
1.d "Goods" means the articles that the Buyer agrees to buy from the Seller;
1.e "Seller" means Torque Models, the company, and who’s address and contact details can be found on the torque models.co.uk website. Torque Models is now incorprotated into Felixstowe Motorcycles ltd.
1.f "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.g "Website" means www.torquemodels.co.uk or any other website operated by Torque Models ltd with a similar name
2.a Nothing in these Terms and Conditions shall affect the Buyers statutory rights as a Consumer.
2.b 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.c Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyers acceptance of these Terms and Conditions.
2.d 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.e Any complaints should be addressed to the Sellers address stated in clause 1.e.
3.a All orders for Goods shall be deemed to be 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.b Although ever effort will be made to ensure that the website stock availability is correct, where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified 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.
3.c When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are to add a product to the basket by clicking ‘add to basket and following the instructions on screen to proceed through the checkout pages, supplying the appropriate details along the way. A confirmation email will be sent to the customer that an order has been placed.
4 PRICE AND PAYMENT
4.a The price of the Goods shall be that stipulated on the Website. The price excludes delivery charges which can be seen in the basket area of the website.
4.b The total purchase price, including and delivery charges, if any, will be displayed in the Buyers shopping cart prior to confirming the order.
4.c After the order is received the Seller shall confirm by email the details, description and price for the Goods together with information on the right to cancel if the Buyer is a Consumer.
4.d Payment of the price and delivery charges must be made in full before dispatch of the Goods will take place.
4.e We only accept UK GBP Sterling as payment. Any prices quoted in Euros are a guide price only, and is dependent on the current exchange rates, made available to our online system.
5 RIGHTS OF SELLER
5.a The Seller reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Seller shall make reasonable efforts to ensure prices are correct at the point at which the Buyer places an order.
5 b The Seller reserves the right to withdraw any goods from the Website at any time.
5.c The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
6 AGE OF CONSENT
6.a Where Goods may only be purchased by persons of a certain age the Buyer may be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods.
6.b If the Seller discovers that the Buyer is not legally entitled to order certain Goods, the Seller shall be entitled to cancel the order immediately, without notice.
The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller. Except where the Buyer is dealing as a Consumer, all other warranties, conditions, or terms relating to fitness for 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 Buyers purpose. Seconds / ex display / photo items are not covered with the same warranty, as new items, and are ‘Sold as seen’.
8.a Goods supplied within the UK will normally be delivered within 48 hrs. of acceptance of order. We will endeavour to deliver next day before 1600hrs for all orders placed during Mon-Thursday, when the courier 24hr service is selected. Please allow up to 7 days for delivery .
8.b Goods ordered under ‘Special Order’, please allow up to 14 days for delivery.
8.c We do not currently offer delivery outside of the UK, thought delivery to France is an option via special arrangement prior to purchase.
8.d 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 a new delivery date or receive a full refund.
8.e The Seller shall use 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.f Delivery of the Goods shall be made to the Buyers address specified in the initial order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
8.g The seller does not accept any liability for the loss or damage of goods lost in transit via the buyers chosen delivery method. Some services offer insurances which are detailed under our Shipping & Returns section.
8.h Not all items are always in stock. However we do try and source and deliver within 7 days. If we cannot fulfil this, we will make contact and request further action in the terms of waiting or refunding in full your monies.
9 CANCELLATION AND RETURN
9.a The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller by email (firstname.lastname@example.org) or telephone (t. 01394 671458) within 7 working days of delivery if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.
9.b If you are a consumer you have the right, in addition to your other rights, to cancel the Contract and receive a refund by informing the Seller by email (email@example.com) or telephone (t. 01394 671458) within 7 working days of receipt of the Goods. The right to cancel does not apply to contracts for the supply of software, audio or visual recordings if these have been unsealed by the Consumer.
9.c Goods must be returned by the Buyer at the Buyers expense and should be adequately insured during the return journey. The Buyer will receive a refund of all monies paid for the Goods (except postal charges) within 30 days of cancellation. If the Buyer fails to return the Goods following cancellation, the Seller shall be entitled to deduct the cost of recovering the Goods from the Buyer.
9.d Goods to be returned must clearly show the order number, and any returns number obtained from the Seller on the package.
9.e Where returned Goods are found to be damaged due to the Buyers fault the Buyer will be liable for the cost of remedying such damage.
9.f Where the Goods are opened and no longer sellable as new, especially parts, the return of said goods by the Buyer will incur a 25% re-stocking charge.
9.g Where the Goods are Kits, and the parts internally on the kit have been opened or used by the buyer, the refund to the complete kit will incur a 30% restocking charge.
9.h Second hand parts will incur a 25% restocking charge if returned. 9.i New Kits that have been requested for professional build will incur a 25% restocking charge as they cannot be sold to a new Buyer as new.
10 LIMITATION OF LIABILITY
10.a This website or any part of it may not be compatible with your browser or computer configuration and we make no warranty that it is. We make no warranty that your access to our website will be uninterrupted, timely or error free and we will not be responsible if we are unable to provide access to the website for whatever reason.
10.b We will accept all liability if something we do causes death or personal injury. We will also accept all liability for damage to your property if the cause is proven to be our fault.
10.c Provided you are not purchasing the goods for business purposes, we are also responsible for loss caused by:-
10.d1 The goods not matching our description of them;
10.d2 The goods not being of the quality you would expect;
10.d3 The goods not being fit for the purpose for which they are intended; or
10.d4 Us not having the legal right to sell the goods to you.
10.e Other than the liability we have accepted as described above, we will not be liable for any losses that you suffer as a result of any breach of our agreement except those losses which are a foreseeable consequence of the breach. In particular, as the goods are provided to you as a consumer, we cannot accept responsibility for any losses related to any business of yours such as lost data, lost profits or other business loss that you may incur as a result of any breach of our agreement.
No waiver by the Seller (whether express or implied) in enforcing any of its rights under this 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, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
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 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 accepted by the Buyer upon making a purchase.
15 GOVERNING LAW AND JURISDICTION
•Return postage cost will be the responsibility of the purchaser (we recommend Recorded Delivery we are not liable for items we have not received, larger or more valuable items need to be sent through insured couriers
Torque Models Ltd, October 2014