TERMS AND CONDITIONS

TERMS AND CONDITIONS

These Terms and Conditions apply to Trackside Limited and the use of the associated website which resides at  www.tracksideltd.co.uk
By placing an order with Trackside Limited, either by use of the Website, or by any other means (letter, verbal, telephone or email), you agree to be bound by the following Terms and Conditions. 
Using this Website indicates that you accept these terms regardless of whether you choose to register with us or order from us. If you do not accept these terms, please do not continue to use this website. 
The website named is owned and operated by

TRACKSIDE LTD

138 SINFIN AVENUE

SHELTON LOCK

DERBY DE24 9QA

You can contact TRACKSIDE by the following methods.

By post, at the above address. ;

Email anytime to tracksideltd@btconnect.com.

Tel 01332 691200 (Answerphone)

INTERPRETATION

YOU means an individual ordering goods via the Website (or any other published material) for personal use, or on behalf of a Company or other organisation

WE or US means Trackside Ltd. or any other company or business supplying or manufacturing goods for Trackside Ltd.

GOODS means any goods described by Trackside Ltd on the Website (or in any other published material), either manufactured by Trackside Ltd or any other company or business supplying or manufacturing goods for Trackside Ltd.

1.INTRODUCTION

1.1 You will be able to access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register. 
1.2 We may revise these terms and conditions at any time by updating this posting. You should check this Website from time to time to review the current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website. 

2.ORDERING FROM US

2.1 You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. Trackside will send you an order acknowledgement, detailing the products you have ordered. This constitutes a legally binding contract. You must be at least 18 years old

2.1a You are deemed to place an order with us by ordering via letter, verbal, telephone or email. Trackside will send you an order acknowledgement, detailing the products you have ordered and any additional costs, along with payment terms. This constitutes a legally binding contract You must be at least 18 years old

2.2 Our acceptance of an order takes place when we confirm the order, other than 'special order' goods as per clause 2.3

2.3 Our acceptance of a ‘special order’ takes place when we receive written confirmation (letter or email) from you that the copy of the artwork that has been sent to you, is correct.

We may refuse to accept an order: 
(a) where goods are not available; 
(b) where we cannot obtain authorisation for your payment; 
(c) if there has been a pricing or product description error; 
(d) if you do not meet any eligibility criteria set out in our terms and conditions. 

3.PRICING & PAYMENT

3.1 All prices shown, or quoted include VAT (where applicable)

3.2 Where we charge separately for packing, carriage, insurance and other relevant charges, the appropriate rates are displayed in the checkout section of the website, or on the order acknowledgement, which can be clearly seen prior to completing your order. A final order total, including said charges is also shown.

3.3 Our prices are reviewed periodically, and any pricing changes will be amended on the Website (or any other published material) as and when necessary

3.4 All goods, whether ordered via the website, or by any other means (email, letter, or telephone) must be paid for by either direct bank payment, Paypal, or cheque. The order acknowledgement will show the details for payment by the chosen method.

3.5 Unless account facilities have been confirmed, all goods must be paid for in full, at the time of ordering

3.6 All goods remain the property of Trackside Ltd, until paid for, in full.

4.CANCELLATION AND RETURNS POLICY 

4.1 If you wish to cancel your order: 
(a) you can notify us by email to tracksideltd@btconnect.com before we have commenced production of the goods; or 
(b) where goods have already been dispatched to you, by returning goods to us in accordance with clause 4.2 below. 

4.2 You can return goods you have ordered from us for any reason at any time within 7 days of receipt for a refund or exchange, unless expressly set out in clause 4.4. The costs of returning goods to us, and/or costs incurred for sending exchange goods, shall be borne by you. 

4.3 Upon receipt of the returned goods we will give you a refund of the full value of the goods, excluding any carriage, packing or insurance charges. Alternatively, we can give you an exchange credit as required to the full value of the goods, excluding any carriage, packing or insurance charges. 

4.4 The rights to return the goods to us as referred to in clause 4.3 will NOT apply in the following circumstances: - 
(a) in the event that the product has been fitted or used 
(b) in the event that the product is not being returned in its original received condition, inclusive of all packaging, fittings and instructions as applicable 
(c) to any products that we have made or customised, or arranged to be made or customised specifically for you 
(d) to any products that you have customised, or arranged to be customised 
The provisions of this clause 4.4 do not affect your statutory rights. 

5..DAMAGED OR DEFECTIVE GOODS

5.1 It is important that any goods delivered by carrier, or Royal Mail, which require a signature, should be examined for signs of external damage to the packaging, before signing for them. They should be signed as ‘received damaged’, if there is any doubt

5.2 Goods must then be examined at the earliest opportunity following delivery. You must notify Trackside within 7 days of receipt of the goods, details of any damage or defects, accompanied by photographs, if appropriate and you must retain all packaging.

5.3 Trackside will investigate the reason for the damage or defect and take whatever action is appropriate, providing that you have complied with the procedures in 5.1 and 5.2 above.

6.LICENCE 

6.1 You are permitted to print and download extracts from this Website for your own use (but not for commercial use, or publicity) on the following basis: 
(a) no documents or related graphics on this Website are modified in any way; 
(b) no graphics on this Website are used separately from accompanying text; and 
(c) any of our copyright and trade mark notices and this permission notice appear in all copies. 

6.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with clause 6.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website. 

6.3 Subject to clause 6.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission. 

6.4 Any rights not expressly granted in these terms are reserved.

7.DISCLAIMER 

7.1 While we endeavour to ensure that the information on this Website (or any other published material) is correct, we do not warrant the accuracy and completeness of the material on this Website or any other published material. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material. 

7.2 The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website. 

8.LIABILITY 

8.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, employees or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use, or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website. 

8.2 Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1999); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law. 

8.3 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof. 

8.4 You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details. 

9.GOVERNING LAW AND JURISDICTION 

9.1 These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising relating to these terms and conditions shall be subject to the exclusive jurisdiction of the English courts. 

9.2 We do not warrant that materials/goods for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws. 

10.MISCELLANEOUS 

10.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions 

10.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect. 

10.3 Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999. 

11.PHOTOGRAPHS 

11.1 We have included pictures to illustrate goods on the website and in other published material, as a visual representation of the goods being offered for sale. However, these pictures should be intended as a guide only, as specifications can change over time. Please also note the following; 
(a) Colour reproduction is shown as a guide only and is not guaranteed to be precise, due to variable performance of monitors and printers. 
(b) Some pictures may use additional parts other than the item described, as a prop for the photograph. Such goods are not included unless stated.