Website Terms & Conditions of Supply
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products ("Products") listed on our website www.bradleysmith38.com ("our site") to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
- Information about us
www.bradleysmith38.com is a site operated by BRADLEY SMITH RACING LIMITED ("we", "us" or "our"). We are a limited company registered in England and Wales under company number 05277311 and our registered office is at Cater & Company, Robert House, 19 Station Road, Cinnor, Oxfordshire OX39 4PU. Our VAT number is 851765701.
- Service availability
Our site is only intended for use by people resident in the United Kingdom and we do not accept orders from individuals outside this country.
- Your status
By placing an order through our site, you warrant that:
- 3.1 - you are legally capable of entering into binding contracts;
- 3.2 - you are at least 18 years old;
- 3.3 - you are resident in the United Kingdom; and
- 3.4 - you are accessing our site from the United Kingdom.
- How the contract is formed between you and us
- After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the "Dispatch Confirmation"). The contract between us and you will only be formed when we send you the Dispatch Confirmation (the "Contract").
- The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
- Consumer rights
- 5.1 - If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 9 below).
- 5.2 - To cancel a Contract, you must:
You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
- 5.2.1 - inform us in writing that you wish to cancel the Contract and your reason for returning the Product(s) together with your invoice number and email address or telephone number (in order that we can process a refund); and
- 5.2.2 - immediately and securely return the Product(s) to us at: Bradley Smith Racing Limited, c/o Cater & Company, Robert House, 19 Station Road, Cinnor, Oxfordshire OX39 4PU.
- 5.3 - Details of this statutory right, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your statutory rights.
- Availability and delivery
- 6.1 - Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 7 (seven) days of the date of the Dispatch Confirmation, unless there are exceptional circumstances (the "Delivery Date").
- 6.2 - Please make appropriate arrangements for acceptance of delivery of the Products. If you fail to take delivery of the Products on the Delivery Date:
- 6.2.1 - we will store the Products at your cost until delivery takes place, and contact you to arrange an alternative delivery date and payment of any additional costs incurred by us pursuant to this clause 6.2;
- 6.2.2 - we shall have no liability for late delivery in these circumstances.
- 6.3 - If you fail to take delivery of the Products within 7 (seven) days of the Delivery Date, despite our attempts to arrange re-delivery in accordance with clause 6.2, we shall have the right to re-sell the Products and deduct our reasonable storage and selling costs from the price you have paid to us for such Product. You shall be liable to cover any shortfall incurred by us or entitled to any residual amounts once we have deducted such sums due to us in accordance with this clause 6.3.
- 6.4 - If you have ordered a number of Products and we are unable to deliver all of the Products at one time due to operational reasons or shortage of stock, we will deliver the Products in instalments. We will not charge you extra delivery costs for this. If you ask us to deliver Products in instalments, we may charge you extra delivery costs. Each instalment shall constitute a separate contact. If we are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment.
- Risk and title
- 7.1 - The Products will be at your risk from the time of delivery.
- 7.2 - Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
- Price and payment
- 8.1 - The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
- 8.2 - These prices include VAT but exclude our standard delivery costs, which will be added to the total amount due as set out in our order form page. Please note that our delivery costs vary according to where the Products are to be delivered to.
- 8.3 - Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
- 8.4 - It is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product´s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
- 8.5 - We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
- 8.6 - Payment for all Products must be by credit or debit card. We accept payment by PayPal. We will not charge your credit or debit card until we despatch your order.
- Our refunds policy
- 9.1 - If you are a consumer and you return a Product to us:
We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
- 9.1.1 - because you have cancelled the Contract between us within the seven-day cooling-off period (as set out in clause 5.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the Product to you. However, you will be responsible for the cost of returning the Product to us in accordance with clause 5.2 above; or
- 9.1.2 - because you claim that the Product is defective, we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the Product to you and the cost incurred by you in returning the Product to us.
- 9.2 - If you are not a consumer and you return a Product to us because you claim the Product is defective, we will examine the returned Product and:
In either case we shall notify you of such decision as soon as reasonably practicable. Please note that no refund shall be given for any returned Products and our liability shall be limited to the provision of a replacement Product.
- 9.2.1 - if we agree the Product is defective, we shall dispatch a replacement Product to you at our earliest convenience, or
- 9.2.2 - if we do not deem the Product to be defective, we shall return the Product to you at your cost and you shall remain responsible for the initial cost of returning the Product to us.
- 9.3 - Any Products to be returned should be securely returned to us at: Bradley Smith Racing Limited c/o Cater & Company, Robert House, 19 Station Road, Cinnor, Oxfordshire OX39 4PU.
- Our liability
- 10.1 - We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for its purpose.
- 10.2 - Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.
- 10.3 - Notwithstanding the foregoing, nothing in these terms of supply shall exclude or limit our liability:
- 10.3.1 - for death or personal injury caused by our negligence;
- 10.3.2 - under section 2(3) of the Consumer Protection Act 1987;
- 10.3.3 - for fraud or fraudulent misrepresentation; or
- 10.3.4 - for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
- 10.4 - We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:
provided that this clause 10.4 shall not apply in the case where you are a consumer and such losses are foreseeable by you and us nor shall this clause 10.4 prevent claims for loss of or damage to your tangible property that fall within the terms of clause 10.1 or clause 10.2 or any other claims for direct financial loss that are not excluded by any of categories 10.4.1 to 10.4.7 inclusive of this clause 10.4.
- 10.4.1 - loss of income or revenue;
- 10.4.2 - loss of business;
- 10.4.3 - loss of profits or contracts;
- 10.4.4 - loss of anticipated savings;
- 10.4.5 - loss of data; or
- 10.4.6 - waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable;
- Import Duty
- 11.1 - If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
- 11.2 - Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
- Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to BRADLEY SMITH RACING LIMITED at [email protected]. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 12 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
- Transfer of rights and obligations
- 14.1 - The Contract between you and us is binding on you and us and on our respective successors and assigns.
- 14.2 - You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
- 14.3 - We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
- Events outside our control
- 15.1 - We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event").
- 15.2 - A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following; strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; the acts, decrees, legislation, regulations or restrictions of any government.
- 15.3 - Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
- 16.1 - If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
- 16.2 - A waiver by us of any default shall not constitute a waiver of any subsequent default.
- 16.3 - No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13 above.
If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- Entire agreement
- 18.1 - These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede any prior agreement, understanding or arrangement between us, relating to the subject matter of any Contract.
- 18.2 - We each acknowledge that, in entering into a Contract, (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty ("Representation") of any person (whether a party to that Contract or not) other than as expressly set out in these terms and conditions.
- 18.3 - Each of us agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract as provided in these terms and conditions.
- 18.4 - Nothing in this clause shall limit or exclude any liability for fraud.
- Our right to vary these terms and conditions
- 19.1 - We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
- 19.2 - You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
- Law and jurisdiction
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.