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, please call us on 01536 744256.
Application
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 sales@gazcoilovers.com; 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.
Interpretation
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;
9. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
10. Website means our website www.gazcoilovers.com on which the Goods are advertised.
Goods
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. This includes any information you provide us regarding the specification, use of the car and tyres used on the car which will be used by us to determine the spring rates and damper valving of the Goods We then supply you. This also applies to instances where the Customer is using aftermarket or non original suspension mountings not supplied by Us (including but not limited to top mounts, bottom mounts, suspension arms and struts) - it is your responsibility to ensure you have researched your aftermarket or non original product and have informed Us of any changes we need to make to the Goods in order for them to fit your aftermarket or non original suspension mountings.
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 such as any information you provide us regarding the specification, use of the car and tyres used on the car which will be used by us to determine the spring rates and damper valving of the Goods We then supply you.
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.
16. We retain and use all information strictly under the Privacy Policy.
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 5 working days from its stated or emailed 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.
Delivery
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, we understand that this is not always possible, in this case you have 5 working days (including the day of delivery) to examine the goods. Any discrepancies must be reported via email to us within 5 working days including the day of delivery.
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
33. We offer sold from stock products (including but not limited to - most top mounts (Gaz and Compbrake), main and helper springs) and made to order products (including all coilover kits, all dampers, all universal coilovers, certain main springs).
For goods offered from stock you have 14 days from the date of receipt in which to return these for a full refund if not required. If the goods are returned outside the 14 day cooling off period then a 20% restocking and handling fee will be levied to cover internal processing costs involved in goods being returned.
For made to order goods (those listings that state a build time as part of the description) please see 33a and 33b.
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) which state a build time in the listing 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 (to cover our order processing costs and payment and refund clearing costs):
- 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 correctly set a quantity of products required, or any other advice or instruction stated on the listing that you purchased against, that you missed, or if you do not reply to emails we send hence we cannot continue with your order, a 10% 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 order value.
- 33b-3 : DISPATCHED GOODS: a 25% cancellation charge is made on the total value of the order.
Gaz Shocks Warranty
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.
Your Gaz Shock is covered by a two year warranty, effective from the date that the shock was purchased. In the unlikely event of a claim under the warranty, the Company will require evidence of purchase from US (i.e Track Dynamics Ltd, not another supplying dealer).
Please see the warranty claims process
35, 36, 37 withdrawn
Privacy
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.
39. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy.