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Terms & Conditions |
These Terms of Business contain important information
and govern your use of the website (this site) of
Biketopbox.com, and any services contained within the
site. By placing an order for goods you confirm your
agreement to our terms and conditions, including the
Privacy Policy, as set out below.
These are the
Terms of Business of NS Import Limited (English company
registration number: 05185976) of Unit 11 Fitzherbert
Spur, Farlington, Portsmouth, Hants, PO6 1TT (VAT: GB
852 0263 51) are referred to as the “Seller” or “we”,
and you are the “Buyer" or “you”.
If you want to
ask us anything about these Terms of Business please
contact us by email at
nextday@email.com
1. Conditions 1.1. An order for
goods you place shall be subject to these terms and
conditions. 1.2. All other terms and conditions
express or implied by statute or otherwise are excluded
to the fullest extent permitted by law. 1.3. Nothing
in these terms and conditions shall affect the statutory
rights of any consumer.
2. Customer’s
right to cancel 2.1. In accordance with the
Distance Selling (Consumer Protection) Regulations 2000,
orders can be cancelled by you, the Buyer, up to 7
working days after the goods have been received by you
and have any monies refunded in full. You must notify
the Seller either by email or postal letter if you wish
to have your order cancelled within 7 working days of
the goods being delivered to you. If goods have already
been dispatched you will have to return the goods to us
at your own expense. Any payment for goods made by you
will be refunded by us once the goods have been received
at NS Imports Ltd, Unit 11 Fitzherbert Spur, Farlington
PO6 1TT (“our Premises”) and the goods have been
inspected. After 7 working days normal refund policies
will apply.
3. Orders 3.1.
You may only purchase goods from us if you are aged 16
or over. If you are under sixteen, you may order Goods
in conjunction with, and under the supervision of, a
parent or guardian. You will need an active email
address, a telephone number at which you can be easily
contacted and an address for delivery. 3.2. All
orders for goods shall be deemed to be an offer by you
to purchase goods pursuant to these terms and conditions
(“the Order”) which, if accepted by us will result in a
legally binding contract. 3.3. You are responsible
for ensuring the accuracy of the details you provide to
us and we will not be obliged to accept an order unless
all the details we request at the time of the Order have
been accurately provided. 3.4. We will acknowledge
receipt of your offer to purchase the goods online, by
e-mail (where applicable) or by telephone. 3.5. Any
offer to purchase made by you, the Buyer, will only be
deemed accepted by us once the goods have been
dispatched to you. 3.6. We reserve the right to
refuse or reject any order placed by a buyer without
issuing a reason. 3.7. The Buyer acknowledges that
the Goods are provided in component form and are subject
to assembly by the Buyer and all nuts and bolts need to
be checked before use.
4. Price and
Payment 4.1. The price of the goods will be
the price quoted on the relevant webpage on the date the
Order is received or by telephone conversation between
you and us and confirmed by us in writing (whether by
email or otherwise), and will include VAT and delivery
charges unless expressly stated otherwise. 4.2.
Prices are effective for 28 days from date of our
confirmation of your offer to purchase. 4.3. Goods
shall be paid for prior to shipping by receiving payment
through secure online links such as Pay Pal and Google
checkout, or by giving us your credit/debit card details
you authorise us to charge your card or received bank
transfer for the sum to be paid for the goods. 4.5.
We reserve the right, by giving notice to you, at any
time before delivery to increase the price of the goods
to reflect any increase in the cost to us, which is due
to any factor beyond our control (such as without
limitation, any foreign exchange fluctuation,
significant increase in the costs of labour, materials
or other costs of manufacture). In the unlikely event of
there being such an increase in the price of the goods
you shall be entitled to cancel the Order at any time
before delivery. 4.6. By placing an order you consent
to payment being charged to your Pay Pal account or
credit card / debit card (“the Card”) as provided by
you. 4.7. We will take payment from the Card at the
time the Order is placed once we have checked your Card
details and stock availability. Goods are subject to
availability. We will contact you if it we encounter
problems taking payment from the Card details you
provided. Taking payment does not mean we have accepted
the Order and, in the event of the Order not being
accepted, a full refund will be given as soon as is
practicably possible where payment has already been
taken (and in any event within 28 days of us advising
you that the Order has not been accepted). 4.8.
Title to the goods will pass to you on delivery of the
goods.
5. Delivery 5.1. The
goods will be delivered to you at the address you
provided when ordering the goods. 5.2. You undertake
to check the goods are those that you have ordered and
that the order is complete prior to signing for the
goods. In the event that our courier declines to wait
for you to check the goods or at all, unchecked goods
shall not be taken as conclusive evidence that the goods
have not been delivered to you. 5.3. The risk in the
goods shall pass to you upon such delivery taking place.
5.4. Any dates quoted for delivery of the goods are
approximate only and we shall not be liable for any
delay in delivery of the goods however caused.
6. Storage 6.1. If we are unable,
through circumstances beyond our control (including
without limitation lack of shipping instructions from
the Buyer), to deliver the goods within 14 days after
notification to you or your agent that the goods are
ready for delivery, we shall be entitled to arrange
storage on behalf of you, whereupon delivery shall be
deemed to have taken place, all risk in the goods shall
pass to you, and delivery to you of the relevant
warehouse receipt shall be deemed to be delivery of the
goods for the purposes of Condition 5. All charges
incurred by us for storage or insurance shall be paid by
you on demand and prior to us providing access to you to
collect of the goods.
7. Damage in
transit 7.1. We will replace free of charge
any goods proved to our satisfaction to have been
damaged in transit provided that within 24 hours after
delivery both we and the carriers have received from you
notification in writing of the occurrence of the damage
and also, if and so far as practicable, of its nature
and extent.
8. Return of goods, refunds
and Warranty claims 8.1. You, the Buyer,
will inspect the goods as soon after delivery as is
reasonably practicable and will notify us of any
shortages, defects in the goods or any other complaint
in respect of them within 5 working days from the date
the goods were delivered. Save in respect of any
shortages or defects if you fail to comply with this
clause we will not be held legally liable in respect of
any other complaint which should have been brought to
the our attention within this period. 8.2. We shall
replace defective goods where the defects appear under
proper use within 14 days from the date of delivery,
provided that: a) notice in writing of a defect
complained of shall be given to us within 24 hours of
the Buyer becoming aware of the defect or the time a
reasonable person would have become aware of it,
whichever is earliest; b) such defects shall be
found to our reasonable satisfaction to have arisen
solely from the good’s faulty design, workmanship or
materials; c) the defective goods shall be returned
to our Premises at your expense if so requested by us;
d) the defective goods are returned with proof of
purchase and a original delivery note; e) the goods
have not been subject to a fall or shock, after purchase
or been mishandled or been modified in any way; f)
the defective goods have been properly stored,
maintained and treated with care; 8.3. Alternatively
to clause 8.2, we shall be entitled at our absolute
discretion to refund the price of the defective goods in
the event that such price shall already have been paid
by you to us. 8.4. You shall not be entitled to
return goods to us without our prior approval in
writing. Goods received by us in the absence of prior
approval shall be returned to you unopened. 8.5. All
conditions and warranties implied by statute, delegated
legislation and common law are excluded to the extent
permitted by law.
9. Buyer’s Warranties
9.1. You warrant, guarantee, represent and
undertake that: a) all details provided by you for
the purpose of purchasing the goods are correct, that
the Card used to purchase the goods is your own and that
there are sufficient funds and/or sufficient unused
limit available to cover the cost of the goods; b)
you are of legal age in the jurisdiction where the goods
are to be operated; c) you have satisfied yourself
that the goods are suitable for your purposes and that
you have not relied upon any description provided by us
when entering into this Agreement. All descriptions
provided by the Seller are intended as approximations;
and d) in the performance of this Agreement you will
comply with all laws, rules, regulations, decrees and
other ordinances issued by any supra-governmental,
governmental, state or other authority relating to the
subject matter of this Agreement and to the performance
of its obligations hereunder. e) The defect existed
in the Goods at the time of delivery of the Goods or
arose from a manufacturing fault, faulty materials or
workmanship, and did not result from any modification or
alteration of the Goods by the Buyer, or from normal
deterioration, or from improper or faulty connection,
installation, handling, storage or use of the Goods by
you, or any failure by you to comply with the
instructions provided by us;
10. Force
Major 10.1 We will use all reasonable
endeavours to carry out our obligations within a
reasonable period of time but we will not be liable to
you for any loss, costs or expenses arising directly or
indirectly from any delays in doing so and we will not
be deemed to be in breach of this Agreement by reason of
any delay in performing, or any failure to perform, any
of our obligations in relation to this Agreement, if the
delay or failure was due to any cause beyond our
reasonable control. 10.2 If we are prevented from
carrying out our obligations in the above circumstances,
we will notify you in writing. If we are still prevented
from carrying out our obligations 14 days from the dated
such notice was sent, then either party may give written
notice to the other cancelling the contract. If the
Agreement is cancelled in this way we accept no
liability to compensate you for any loss or damage
caused by failure to perform.
11.
Limitation of liability 11.1. Nothing in
these terms and conditions excludes or limits liability
for death or personal injury caused by our negligence,
fraudulent misrepresentation, or any other liability
which may not otherwise be limited or excluded under
applicable law. 11.2. Except where you, the Buyer,
are dealing as consumer (as defined in the Unfair
Contract Terms Act 1977 section 12 as amended) we do not
give any warranty, guarantee or indemnity as to quality,
fitness for purpose or otherwise of the goods. 11.3.
If and to the extent that s 6 and/or s 7(3A) of the
Unfair Contract Terms Act 1977 applies to the Order, no
provision of these terms and conditions shall operate or
be construed to operate so as to exclude or restrict our
liability for breach of the applicable warranties as to
title and quiet possession implied into the terms and
conditions of the Order by s 12(3) of the Sale of Goods
Act 1979. 11.4. Our liability under this clause shall
be to the exclusion of all other liability to you, the
Buyer, except for the exclusive remedies set out at
clause 8 above, whether in contract, tort (including,
without limitation, negligence), or misrepresentation
(other than fraudulent misrepresentation) or otherwise
without limitation for defects in the goods or for any
loss or damage to or caused by the goods, and all other
conditions, warranties, stipulations or other statements
whatsoever concerning the goods, whether express or
implied, by statute, at common law or otherwise
howsoever, are hereby excluded; in particular (but
without limitation of the foregoing) the Seller grants
no warranties regarding the fitness for purpose,
performance, use, nature or quality of the goods,
whether express or implied, by statute, at common law or
otherwise howsoever. 11.5. Notwithstanding the above,
subject to clause 11.1, NS Imports Ltd aggregate
liability (whether in contract, tort or otherwise) for
loss or damage shall in any event be limited to the
price of the goods specified in the Order in respect of
one incident or any series of or related incidents
attributable to the relevant Order. 11.6. The Buyer
acknowledges that we have priced our products based on
these limitations of liability.
12.
Intellectual Property 12.1. The copyright in
the material contained in our advertisements and
promotional material and any trademarks and brands
included in that material belongs to NS Import Limited
or its third-party licensors.
13.
Information supplied by the Seller 13.1. We
will attempt to ensure that the information available in
our advertising and other materials is at any time is
accurate. We will use all reasonable endeavours to
correct errors and omissions as quickly as practicable
after becoming aware or being notified of these.
However, we will not be held liable for any errors or
omissions. 13.2 All drawings, descriptive matter and
specifications of the goods on the website are for the
sole purpose of giving an approximate description of the
goods. The goods may differ slightly from the images
shown.
14. Privacy Policy
14.1 We collect personal data for the purposes of
preparing and delivering orders to you. 14.2 We will
not pass on any sensitive information obtained from you
including email addresses, home and work addresses,
phone numbers and payment details to any third parties
who are not absolutely necessary to the task of
processing an order or enquiry except if you
specifically ask for you details to be passed on.
15. General 15.1 If any
provision of these terms and conditions is held by any
competent authority to be invalid or unenforceable in
whole or in part, the validity of the other provisions
of this Agreement and the remainder of the provision in
question will not be affected. 15.2 English law will
apply to this contract, and the parties agree to submit
to the exclusive jurisdiction of the English courts.
15.3 The parties shall not be entitled to assign any
right or obligation arising from this Agreement or the
relationship between the parties. 15.4 The headings
in this agreement are for convenience only and will not
affect their interpretation. 15.5 These Terms of
Business, including the documents or other sources
referred to herein supersede all prior representations
understandings and agreements between you and NS Imports
Limited and sets forth the entire agreement and
understanding between you and NS Imports Limited. Each
party warrants to the other that it has not relied on
any representation, arrangement, understanding or
agreement (whether written or oral) not expressly set
out or referred to in this Agreement. Variations to this
agreement must. 15.6 All notices and other
communications hereunder shall be in writing and shall
be deemed to have been duly given on the third business
day following receipt. 15.7 The parties shall not be
entitled to make any public statement in respect to the
goods in the absence of the prior approval of the other
party in writing. 15.8 Notwithstanding that the
whole or any part of any provision of this Agreement may
prove to be illegal or unenforceable the other
provisions of this Agreement and the remainder of the
provision in question shall remain in full force and
effect. 15.9 A person who is not a party to this
contract has no right under the Contracts (Rights of
Third Parties) Act 1999 to enforce any terms under this
User Agreement but this does not affect any right or
remedy of a third party specified in this Agreement or
which exists or is available apart from that Act.
16. Queries and Complaints 16.1
We aim to respond to e-mail, faxed and written queries
within 2 days. We are usually available to answer
telephone queries seven days a week between 9.00am and
7.00pm. Mail should be sent to Unit 11 Fitzherbert Spur,
Farlington, Portsmouth, Hants, PO6 1TT. 16.2 In
respect of complaints, we will consider the nature of
the complaint and will contact the complainant within 21
days of the complaint giving the result of the enquiries
and what it proposes should be done.
17.
Trademarks and Copyright 17.1 The
trademarks, names, logos and service marks (collectively
"trademarks") displayed on this website are registered
and unregistered trademarks of the Website Owner.
Nothing contained on this website should be construed as
granting any licence or right to use any trademark
without the prior written permission of the Website
Owner.
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