RIDERS (YEOVIL) LIMITED (“Riders“): TERMS AND CONDITIONS We want you to enjoy using our Website and the useful information and Spares and/or Accessories that we provide through it. All information on this site is provided in good faith. To avoid any misunderstandings, please take a moment to read these Terms, which govern the contract between us. They set out the basis of how you use our site, the purchase of our Spares and/or Accessories, what we provide, what we charge and what we ask of you in return. By submitting an Enquiry and/or an Order to us, you are agreeing to these Terms and our Privacy Policy which will apply to any purchase you make from Riders on this Website.
SUMMARY 1. Definitions 2. Spares and/or Accessories Details 3. Price of the Spares and/or Accessories 4. Enquiries 5. Order Acceptance and Payment 6. Our Right to Cancel 7. Delivery 8. Right of Cancellation 9. Warranties and Refunds 10. Returns Procedure 11. Use of Website 12. Liability 13. Notices, Enquiries and Complaints 14. Intellectual Property 15. Privacy Policy 16. General
1. Definitions
1.1. In these terms and conditions ("the Terms") unless the context otherwise requires, the following words and phrases shall have the following meanings:
"Customer Material" means any information provided by the customer to Riders including, but without limitation, your details, delivery details, requirements or any information provided in the Enquiry or Order;
"Enquiry" means any enquiry made of Riders;
"Force Majeure Event" includes any delay or failure to perform our obligations as set out in these Terms where such delay or failure to perform arises from circumstances beyond our reasonable control, including (without limitation) any Act of God, communications failure, death, destruction, fire, flood, strikes, riots, accident, disruption to energy supplies, civil commotion, acts of terrorism or war;
"Order Confirmation" an order confirmation from Riders to you confirming receipt of your payment and the acceptance of your order;
"Price" means a price issued by Riders to you in response to an Order Confirmation and/or an Enquiry;
"Spares and/or Accessories" means Spares and/or Accessories available for sale on the Website;
"Riders", "us" or "we" means Riders (Yeovil) Limited (Company Number 01513959) whose registered office is at 26 Oxford Road, Pen Mill Trading Estate, Yeovil, Somerset BA21 5HR, UK (VAT Number: GB 355 4689 19);
"Website" means the website for the sale of the Spares and/or Accessories at www.ridersmotorcycles.co.uk;
"Writing" includes email, fax, or other comparable means of communication;
"you", "your" or "customer" means the person, firm or company placing an order for Spares and/or Accessories with Riders.
2. Spares and/or Accessories Details 2.1. The Spares and/or Accessories displayed on this Website are not shown to actual size nor are their images binding as to detail. Some Spares and/or Accessories may appear slightly larger or smaller than actual size due to screen defaults and photography techniques. Other Spares and/or Accessories may be represented at a larger than actual size in order to clearly show details, or smaller than actual size in order to show the entire item, and your attention is drawn to the Spares and/or Accessories details and content where given. 2.2. All Spares and/or Accessories are subject to availability. In the unlikely event of a change in the specification or quality of the goods ordered we will offer you a substitute item of the same or better quality for the same price. The alternative Spares and/or Accessories will only be despatched once you have been contacted and confirm your acceptance.
3. Price of the Spares and/or Accessories 3.1. Subject to the provisions of clauses 3.4 and 3.5 the Price of the Spares and/or Accessories will be as stated on our Website at the time you submit your order. 3.2. Prices stated on the Website include VAT for the item(s) but not the cost of delivery and insurance during freight as that cost is dependent upon the value of the item(s) purchased and so is advised in addition to the Prices stated. 3.3. All Spares and/or Accessories must be paid for in full before being dispatched. 3.4. Without prejudice to clauses 6.1.1, if we discover an error in the price of the Spares and/or Accessories offered we will contact you to resolve the situation.
4. Enquiries 4.1. By making an Enquiry you are under no obligation to purchase any Spares and/or Accessories but you agree to be bound by these Terms and our Privacy Policy.
5. Order Acceptance and Payment 5.1. Before your order can be accepted, we must receive in cleared funds, or confirmation of authorisation of payment (where a credit card is used) the purchase price specified in full (without any deduction). 5.2. You must pay for the Spares and/or Accessories you order by using any method currently specified on the Website, which may include without limitation;
5.2.1. Payment through PayPal (with the exception of payment for Motorcycles and Scooters) or: 5.2.2. credit or debit card by communicating your card details to Riders (for the avoidance of doubt the credit/debit cards accepted by us are those listed on the Website on the date your order is placed). 5.2.3. Payment for motorcycles, which can only be purchased by contacting us direct by telephone or in person at our premises, can be paid by credit or debit card or cash on collection. Any other payment method is only acceptable after discussion with us.
5.3. In the event that payment for an order is not received; or you are not fully entitled to use your nominated credit, debit or charge card; or such card has insufficient funds to cover the price of the Spares and/or Accessories then:
5.3.1. Riders may contact you allowing you to make payment in full within a specified time period by the same or another means; or 5.3.2. Riders may at its sole discretion cancel your order in which case Riders shall return any monies received from you within 30 days of receipt of such monies to your nominated account and Riders shall be entitled to deduct an administration fee to cover any expenses incurred by Riders in doing so; 5.3.3. you agree that in any event that Riders shall have no liability to you for any loss, damage, costs, expenses or other claims that you may incur.
5.4. You agree to indemnify Riders in full against all costs and outgoings incurred by us in obtaining payments from you in the event a failed payment occurs.
6. Our Right to Cancel 6.1. We reserve the right to cancel your order if:
6.1.1. after receiving your order we become aware of a pricing error in respect of the Spares and/or Accessories you have ordered, we reserve the right to withdraw the Spares and/or Accessories from sale and inform you accordingly; or 6.1.2. a Force Majeure Event occurs.
6.2. If we do cancel your order we will notify you by e-mail or telephone and will offer an alternative replacement Spares and/or Accessories or refund to you any amounts paid to us as soon as possible and in any event within 30 days of your order. 6.3. We shall not be liable to you for any loss, damage, costs expenses or claims that you may incur, for orders cancelled by us before we send your Order Confirmation. 6.4. This clause 6 does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
7. Delivery 7.1. We reserve the right to charge for and fulfil partial orders where the Order Confirmation consists of multiple items. 7.2. Delivery will be made to the address specified in the Order Confirmation. 7.3. We will take all reasonable steps to deliver your order to you as soon as possible. We cannot be held liable for delays caused by circumstances beyond the reasonable control of Riders (such as Force Majeure events). 7.4. You will become the owner of the Spares and/or Accessories you have ordered when they have been delivered to you. Once the Spares and/or Accessories have been delivered to you they will be held at your own risk and we shall not be liable for their loss or destruction.
8. Right of Cancellation 8.1. EXCEPT FOR the Spares and/or Accessories that are special order Spares and/or Accessories, you will be entitled to cancel your order by written notice to us by following the procedure in clause 10. You do not need to give us any reason for cancelling your order nor will you have to pay any penalty. Spares and/or Accessories that are to special order cannot be cancelled or returned. This policy is in accordance with the Consumer Protection (Distance Selling) Regulations 2000.
9. Warranties and Refunds 9.1. Subject to the following provisions of this clause 9.1, we warrant that the Spares and/or Accessories will be of satisfactory quality. The aforementioned warranty is given by Riders subject to the following condition save that it is acknowledged that your statutory rights are not affected:
9.1.1. Riders shall be under no liability to the customer for any loss, damage, costs, expenses or other claims in respect of: (a) any defect arising from wilful damage, negligence, failure to follow instructions for the use of the Spares and/or Accessories (whether oral or in writing); (b) misuse or alteration of the Spares and/or Accessories without our approval; (c) arising from any Customer Material supplied by you which is incomplete, inaccurate, illegible, out of sequence or in the wrong form, or any other fault of the Customer. 9.1.2. Electrical items are not returnable. 9.1.3. Motorcycles and Scooters can only be purchased direct either by telephone or by visiting our premises. Warranty is specific to models and will be detailed at the time of enquiry or sale.
9.1.3a. Any Motorcycle or Scooter warranty is invalidated if the vehicle is not serviced as per manufacturers schedules or has been used for race or speed testing, competition, customised or modified, used for hire or reward. No liability is accepted for damage caused by neglect, abuse, failure to maintain proper levels of oil and coolant, freezing. General wear and tear items are not covered under warranty.
9.2. In the event that you are dissatisfied with your order, the Spares and/or Accessories delivered to you are incomplete or you have received incorrect Spares and/or Accessories, we shall have no liability to you unless you notify Riders of the problem within 7 days regarding the Spares and/or Accessories in question. For the purposes of efficiency we advise you to contact us on 01935 421681. 9.3. If you notify a problem to us under clause 9.2 or we have committed a breach of the warranty at clause 9.1 our only obligation will be:
9.3.1. We may offer you an alternate Spares and/or Accessories free of charge within 14 days of notification provided that that the original Spares and/or Accessories is returned to us in accordance with clause 10; or 9.3.2. We will arrange with you for the Spares and/or Accessories to be returned to us in accordance with clause 10, and we shall refund the price paid.
10. Returns Procedure 10.1. If you exercise the right to cancel under clause 8.1 or a right to return the Spares and/or Accessories in accordance with clause 9.3, in order to make the returns procedure as efficient as possible we advise you to follow the following procedure:
10.1.1. Please contact us on 01935 421681 to obtain a returns authorisation number before sending the Spares and/or Accessories back; 10.1.2. secure the Spares and/or Accessories and all of the original packing materials, together with your name and address, the returns authorisation number and either the invoice supplied with the goods or the invoice number, in secure packaging ; 10.1.3. clearly print your name and address on the outside of the package mail the package to: Riders (Yeovil) Ltd 26 Oxford Road Pen Mill trading Estate YEOVIL SOMERSET BA21 5HR 10.1.4. For your protection, we advise you obtain proof of posting. For the avoidance of doubt Riders shall not be responsible for items lost or damaged whilst in transit. Conditions of Return 10.1.6. Returns are simple, but are subject to certain rules: (a) you shall be liable for the cost incurred in returning Spares and/or Accessories to us and we shall not be obliged to accept any Spares and/or Accessories returned if such costs have not been paid in full ; (b) each item must be returned in the same condition as it was sent, unused and undamaged. Damaged goods due to your negligence will not be accepted for refund;
10.2 Subject to the conditions in clause 10.1 Riders will refund the full cost of the item. Refunds will be made in the same form as the original purchase. 10.3 All requests will be processed after we have inspected and verified the condition of the Spares and/or Accessories. Returns take approximately five business days to process upon receipt of the item.
11. Use of the Website 11.1. You agree to use the Website only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the Website. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within the Website. 11.2. Where Riders provides any information in relation to the Spares and/or Accessories supplied to it by a third party, Riders does not give any warranty, guarantee as to its accuracy or otherwise and shall have no liability to the Customer for any losses arising as a result thereof. 11.3. Riders does not warrant that functions contained in the Website content will be uninterrupted or error free, that defects will be corrected, or that Riders or the server that makes it available are free of viruses or bugs. We shall have no liability for any direct, indirect, special or consequential loss arising out of the use of or the inability to use this Website including (without limitation) reliance on any information or content of the website or which results from mistakes, omissions, interruptions, deletions of files or emails, defects, viruses or delays in operation or transmission. 11.4. The information on the Website may contain technical inaccuracies or typographical errors and may be changed or updated without notice. Riders may also make improvements and/or changes to the Website at any time without notice. 11.5. Any information we receive from you will be dealt with in accordance with our Privacy Policy.
12. Liability 12.1. Where Riders provides any information in relation to the Spares and/or Accessories supplied to it by a third party, Riders does not give any warranty, guarantee as to its accuracy or otherwise and shall have no liability to the Customer for any losses arising as a result thereof. 12.2. In the event that we are unable or fail to deliver the Spares and/or Accessories ordered within any time period specified, we will use reasonable endeavours to contact you in order to re-schedule the delivery time. 12.3. We will not be in breach of contract as a result of any Force Majeure Event. 12.4. IN ANY EVENT, THE LIABILITY OF RIDERS FOR ANY BREACH OR THE AGGREGATE LIABILITY FOR ANY SERIES OF BREACHES UNDER OR IN CONNECTION WITH THESE TERMS SHALL NOT EXCEED THE VALUE OF THE RELEVANT ORDER PLACED BY YOU FROM TIME TO TIME. 12.5. Riders shall have no liability for loss of profit or for any indirect, special or consequential loss of damage, costs, expenses or other claims for compensation whatsoever arising out of or in connection with the supply or non-supply of the Spares and/or Accessories (including any delay in supplying the Spares and/or Accessories) or their use or resale by you. Other than as set out in clause 9.2, the entire liability of Riders arising out of any order for Spares and/or Accessories from you will be limited to the total price of the Spares and/or Accessories ordered by you. 12.7. You must observe and comply with all applicable regulations and legislation, including all necessary customs, import or other permits to purchase Spares and/or Accessories from our Website. The importation or exportation of our Spares and/or Accessories may be prohibited by certain national laws. We make no representation and accept no liability in respect of the import or export of the Spares and/or Accessories you purchase.
13. Notices, Enquiries and Complaints 13.1. Any notices, enquiries or complaints should be:
13.1.1. e-mailed to sales@ridersmotorcycles.co.uk 13.1.2. communicated to us on telephone number 01935 421681 or faxed to 01935 477154: or 13.1.3. sent by post to Riders (Yeovil) Ltd, 26 Oxford Road, Pen Mill Trading Estate, Yeovil, Somerset, BA21 5HR, UK
14. Intellectual Property 14.1. The entire content of the Website, including all copyright, trademarks and other intellectual property rights it contains, including the use of the name "Riders (Yeovil) Ltd" and “Riders of Yeovil” is the sole property of Riders or our licensors. You are permitted to copy, transmit and to use such material only for the purpose of ordering Spares and/or Accessories from the Website, but you not are entitled to copy, reproduce, transmit, display in public, create derivative works from or otherwise commercially exploit such material. 14.2. All intellectual property rights in the Spares and/or Accessories (subject to the rights of any third party) belong to Riders. 14.3. You warrant that all Customer Material provided to us will not be defamatory or infringe the copyright or other rights of any third party, and you shall indemnify Riders against any loss, damages, costs, expenses or other claims arising out of any such infringement.
15. Privacy Policy 15.1. You acknowledge and agree to be bound by the terms of our Privacy Policy.
16. General 16.1. These Terms govern the contract to the exclusion of all other terms and conditions stipulated in any other communication or document unless expressly agreed in writing by Riders. 16.2. Riders reserves the right to vary the content of these Terms from time to time, with any changes being published on the Website. However, such variations will not affect any Contract between Riders and you. Continued use of the Website, or any of its services will signify that you agree to any such changes. 16.3. We may correct any typographical, clerical or other error or omission in any information on the Website or in any email or other document or communication issued by Riders without incurring any liability on our part. 16.4. These Terms, together with our Website prices, delivery details, contact details and privacy policy set out the whole of our agreement relating to the supply of the Spares and/or Accessories by us. Nothing said by any sales person on our behalf should be understood as a variation of these Terms or as an authorised representation about the nature or quality of any Spares and/or Accessories offered for sale by us. Save for fraud or fraudulent misrepresentation or any statutory obligation, we shall have no liability for any such representation being untrue or misleading. 16.6. The contract between you and Riders shall be governed by English law and you and Riders submit to the exclusive jurisdiction of the English Courts. 16.7 Riders reserves the right to transfer, assign or sub-contract the benefit of the whole or any part of any of its rights or obligations under these Terms. 16.8 These Terms do not create or confer any rights or benefits enforceable by any person that is not a party within the meaning of the Contracts (Rights of Third Parties) Act 1999.