Terms and conditions
Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just phone us on 01536 744256.
1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are Track Dynamics Limited a company registered in England and Wales under number 12390278 whose registered office is at 22 Lavender Close. Corby. Northamptonshire. NN188PD with email address firstname.lastname@example.org; telephone number 01536 744256 (the Supplier or us or we).
2. These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. By ordering any of the Services, you agree to be bound by these Terms and Conditions. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.
3. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
4. Contract means the legally-binding agreement between you and us for the supply of the Goods;
5. Delivery Location means the Supplier's premises or other location where the Goods are to be supplied, as set out in the Order;
6. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
7. Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;
8. Order means the Customer's order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
10. Website means our website www.gazcoilovers.com on which the Goods are advertised.
11. The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
12. In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
13. All Goods which appear on the Website (or offered on the telephone or via email when not appearing on the Website) must be treated as “made to special order” to your special requirements. This also applies when you rely on our on our skill and judgment based upon any information or specification you provide.
14. We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes at the time of order if applicable.
Personal information and Registration
15. When registering to use the Website you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.
17. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
Basis of Sale
18. The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
19. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
20. A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
21. Any quotation is valid for a maximum period of 1 day from its date, unless we expressly withdraw it at an earlier time.
22. No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
23. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.
Price and Payment
24. The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.
25. Prices and charges include VAT at the rate applicable at the time of the Order.
26. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.
27. All Goods which appear on the Website (or offered on the telephone or via email when not ordering on the Website) are “made to special order” with a suggested leadtime shown against each goods listing.
27 a. We will endeavour to deliver the Goods, to the Delivery Location within the suggested lead time period or within a different lead time explained and agreed before or after the time of order.
27 b. In the event of any failure to deliver within a reasonable or stated time because of something beyond our reasonable control (such as shipping and aspects thereof), we will advise the customer as soon as reasonably practicable. This not a failure to conform and hence the contract is still valid with no cancellation accepted by Us.
28. We accept Orders and deliver to worldwide customers. We deliver to the UK Mainland free of charge. For overseas delivery costs our website is set up to add these during the check out process of online ordering. Be aware that if we accept an Order for delivery outside the Mainland UK, you may need to pay import duties or other taxes to other parties or government, as we will not pay them.
29. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
30. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
Risk and Title
31. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
32. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
Withdrawal and cancellation
33a. All Goods which appear on the Website (or offered on the telephone or via email when not appearing on the Website or when not ordering via the Website) are “made to special order” to your special requirements (or in the case of you relying on our on our skill and judgement based upon any information or specification you have provided), hence NO cancellation of your Order can be accepted.
33b. In the unlikely event that we cancel an order (with or without mutual consent), or allow an order to be cancelled by you, the following cancellation charges apply:
- 33b-1 : ORDER UP TO 5 WORKING DAYS OLD: If you have placed an order and cannot continue as you did not read in the listing that you need to send us a donor part or set a quantity of products required, or something else you missed, a 5% cancellation charge is made on the total order value.
- 33b-2 : ORDER 6 WORKING DAYS OLD TO DESPATCH READY: a 15% cancellation charge is made on the total value of the goods for orders that have not yet shipped. Shipping costs are refunded in total.
- 33b-3 : DISPATCHED GOODS: a 20% cancellation charge is made on the total value of the goods plus 100% of any postage fees we have already paid on.
34. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
35. Upon delivery, the Goods will:
a. be of satisfactory quality;
b. be reasonably fit for the purpose for which you buy the Goods which, before the Contract is made, you made known to us (whether this be your own specification or if you relied on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
c. conform to their description (errors and omissions accepted).
36. It is not a failure to conform if the failure has its origin in your materials.
37. As all Goods which appear on the Website (or offered on the telephone or via email when not appearing on the Website) are “made to special order” (see section 33 for definition), if an item is received faulty or damaged we will receive the item back for swift rectification. If the item needs to be returned, the customer does not need to pay postage costs for the return of the faulty or damaged item. We will either arrange collection of the item or, if we ask a customer to return an item that arrived damaged or faulty, we will refund the total cost of the return.
38. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.