WEBSITE TERMS AND CONDITIONS
LEWIS BANKS LTD T/A GBRACING ("GBR") : TERMS AND CONDITIONS
The following Terms Conditions apply only to GBRacing Products purchased direct from Lewis Banks Ltd or via its websites. For products purchased via a third party, please consult your retailer's Terms Conditions.
All information on this Website is provided in good faith. To avoid any misunderstandings, please take a moment to read these Terms, which govern the contract between us. They set out the basis of how you use our site, the purchase of our Products, what we provide, what we charge and what we ask of you in return.
By submitting an Enquiry and/or an Order to us, you are agreeing to these Terms and our, Privacy Policy which will apply to any purchase you make from Lewis Banks Ltd.
SUMMARY
Definitions
Product Details
Price of the Products
Enquiries
Order Acceptance and Payment
Our Right to Cancel
Delivery
Right of Cancellation
Warranties and Refunds
Returns Procedure
Use of Website
Liability
Notices, Enquiries and Complaints
Intellectual Property
Privacy Policy
General
1. Definitions
1.1. In these terms and conditions ("the Terms") unless the context otherwise requires, the following words and phrases shall have the following meanings:
"Customer Material" means any information provided by the customer to Lewis Banks Ltd including, but without limitation, your details, sizes, delivery details, requirements or any information provided in the Enquiry or Order;
"Enquiry" means any enquiry made of Lewis Banks Ltd;
"Force Majeure Event" includes any delay or failure to perform our obligations as set out in these Terms where such delay or failure to perform arises from circumstances beyond our reasonable control, including (without limitation) any Act of God, communications failure, death, destruction, fire, flood, strikes, riots, accident, disruption to energy supplies, civil commotion, acts of terrorism or war;
"Sales Order Acknowledgement" an order confirmation from Lewis Banks Ltd to you confirming receipt of your payment and the acceptance of your order;
"Price" means a price issued by Lewis Banks Ltd to you in response to an Sales Order Acknowledgement and/or an Enquiry;
"Product" means products available for sale on the Website;
"GBR","us" or "we" means Lewis Banks Ltd (Company Number 4486898) T/A GBRacing whose registered office is at 19 Hoops Lane, Therfield, Hertfordshire,
SG8 9QH (VAT Number: 796295271);
"Website" means the Website for the sale of the Products at www.gbracing.eu and http://stores.ebay.com/GrahamBanksRacing
"Writing" includes email, fax, or other comparable means of communication;
"you", "your" or "customer" means the person, firm or company placing an order for Products with GBR.
2. Product Details
2.1. The Products displayed on this Website are not shown to actual size nor are their images binding as to detail. Some Products may appear slightly larger or smaller than actual size due to screen defaults and photography techniques. Other Products may be represented at a larger than actual size in order to clearly show details, or smaller than actual size in order to show the entire item, and your attention is drawn to the Product details and content where given. If the Product you receive is materially different from the Product details specified you shall be entitled to reject it without penalty.
2.2. All Products are subject to availability. In the unlikely event of a change in the specification or quality of the goods ordered we will offer you a substitute item of the same or better quality for the same price, which you shall be entitled to reject by returning the item within 7 days from the date the Product has been delivered to you.
3. Price of the Products
3.1. Subject to the provisions of clauses 3.4 and 3.5 the Price of the Products will be as stated on our Website at the time you submit your order.
3.2. Prices stated on the Website include VAT for the item(s) but not the cost of delivery and insurance during freight as that cost is dependent upon the value of the item(s) purchased and so is advised in addition to the Prices stated.
3.3. All Products must be paid for in full before being dispatched.
3.4. The price of the products stated on our website may vary due to factors outside GBR's control, or if there is a delay between the time of the order and you receiving your Sales Order Acknowledgement. In these circumstances you will be entitled to cancel your order if the price increase is not acceptable to you.
3.5. Without prejudice to clauses 3.4 or 6.1.1, if we discover an error in the price of the Products offered we will contact you to resolve the situation.
4. Enquiries
4.1. By making an Enquiry you are under no obligation to purchase any Product but you agree to be bound by these Terms and our Privacy Policy.
5. Order Acceptance and Payment
5.1. Before your order can be accepted, we must receive in cleared funds, or confirmation of authorisation of payment (where a credit card is used) the purchase price specified in full (without any deduction).
5.2. When we receive your order we will send you an acknowledgement of its receipt.
5.3. You may pay for the Products in any currency from time to time stated on our Website.
5.4. You must pay for the Products you order by using any method currently specified on the Website, which may include without limitation;
5.4.1. a telegraphic transfer or a bank transfer to GBR's account; or
5.4.2. credit or debit card by communicating your card details to GBR (for the avoidance of doubt the credit/debit cards accepted by us are those listed on the Website on the date your order is placed).
5.5. In the event that payment for an order is not received; or you are not fully entitled to use your nominated credit, debit or charge card; or such card has insufficient funds to cover the price of the Products then:
5.5.1. GBR may contact you allowing you to make payment in full within a specified time period by the same or another means; or
5.5.2. GBR may at its sole discretion cancel your order in which case GBR shall return any monies received from you within 30 days of receipt of such monies to your nominated account and GBR shall be entitled to deduct an administration fee to cover any expenses incurred by GBR in doing so;
5.5.3. you agree that in any event that GBR shall have no liability to you for any loss, damage, costs, expenses or other claims that you may incur.
5.6. You agree to indemnify GBR in full against all costs and outgoings incurred by us in obtaining payments from you in the event a failed payment occurs.
5.7 Any transaction charges are non-refundable when an order has been placed, paid for and is later cancelled and refunded.
6. Our Right to Cancel
6.1. We reserve the right to cancel your order if:
6.1.1. after receiving your order and before we send you your Sales Order Acknowledgement, we become aware of a pricing error in respect of the Product you have ordered, we reserve the right to withdraw the Product from sale and inform you accordingly; or
6.1.2. a Force Majeure Event occurs.
6.2. If we do cancel your order we will notify you by e-mail and will offer an alternative replacement Product or refund to you any amounts paid to us as soon as possible and in any event within 30 days of your order.
6.3. We shall not be liable to you for any loss, damage, costs expenses or claims that you may incur, for orders cancelled by us before we send your Sales Order Acknowledgement.
6.4 This clause 6 does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
7. Delivery
7.1 We reserve the right to charge for and fulfil partial orders where the Sales Order Acknowledgement consists of multiple items.
7.2 Delivery will be made to the address specified in the Sales Order Acknowledgement.
7.3 We will take all reasonable steps to deliver your order to you on or before the date specified in the Sales Order Acknowledgement. We cannot be held liable for delays caused by circumstances beyond the reasonable control of GBR (such as Force Majeure events). Time will only be of the essence of the contract if you have agreed this in advance with us at the time of placing your order and received a Sales Order Acknowledgement with a guaranteed delivery date.
7.4 You will become the owner of the Products you have ordered when they have been delivered to you. Once the Products have been delivered to you they will be held at your own risk and we shall not be liable for their loss or destruction.
8. Right of Cancellation
8.1. EXCEPT FOR the Products that are custom works, you will be entitled to cancel your order by written notice to us by following
the procedure in clause 10. You do not need to give us any reason for cancelling your order nor will you have to pay any penalty. Products that are custom works cannot be cancelled or returned. This policy is in accordance with the Consumer Protection (Distance Selling) Regulations 2000.
9. Warranties and Refunds
9.1. Subject to the following provisions of this clause 9.1, we warrant that the Products will be of satisfactory quality. The aforementioned warranty is given by GBR subject to the following condition save that it is acknowledged that your statutory rights are not affected:
9.1.1 GBR shall be under no liability to the customer for any loss, damage, costs, expenses or other claims in respect of: (a) any defect arising from wilful damage, negligence, failure to follow instructions for the use of the Products (whether oral or in writing); (b) misuse or alteration of the Products without our approval; (c) arising from any Customer Material supplied by you which is incomplete, inaccurate, illegible, out of sequence or in the wrong form, or any other fault of the Customer.
9.2. GBR's products should meet or exceed your expectations. However, in the event that you are dissatisfied with your order, the Products delivered to you are incomplete or you have received incorrect Products, we shall have no liability to you unless you notify GBR of the problem AS SOON AS IS REASONABLY POSSIBLE of the Products in question. For the purposes of efficiency we advise you to contact our customer services on 020 8275 2630.
9.4. If you notify a problem to us under clause 9.2 or we have committed a breach of the warranty at clause 9.1 our only obligation will be (to be determined at your option and subject always to your statutory rights):
9.4.1.we may offer you an alternate Product free of charge within 60 days of notification provided that that the original Product is returned to us in accordance with clause 10; or
9.4.2. we will arrange with you for the Products to be returned to us in accordance with clause 10, and we shall refund the price paid.
10. Returns Procedure
10.1. If you exercise the right to cancel under clause 8.1 or a right to return the Product(s) in accordance with clause 9.4, in order to make the returns procedure as efficient as possible we advise you to follow the following procedure:
10.1.1. Please contact our customer services on 020 8275 2630 to obtain a returns authorisation number before sending the Product(s) back. Please reference your original order number on all communications.
10.1.2. Secure the Product(s) and all of the original packing materials in a plainly wrapped cardboard box (the post office has these available if you do not).
10.1.3. Clearly print your name and address on the outside of the package and mail the package to:
GBRacing
Unit 1 Marquis Business Centre
Royston Road
Baldock
Hertfordshire
SG7 6XL
UK
10.1.5. For your protection, we advise you to insure the package for the full amount of the invoice plus postal or shipping charges. For the avoidance of doubt GBR shall not be responsible for items lost or damaged whilst in transit
Conditions of Return
10.1.6. Returns are simple, but are subject to certain rules:
(a) you shall be liable for the cost incurred in returning Products to us and we shall not be obliged to accept any Product returned if such costs have not been paid in full.
(b) each item must be returned in the same condition as it was sent, unworn and undamaged. Damaged goods due to your negligence will not be accepted for refund;
(c) Re-stocking fee: If items are returned with damaged packaging and / or have been handled with undue care, a discretionary fee of 20% of the purchase price will be charged in addition to the cost of delivery to send out a replacement item.
10.2 Subject to the conditions in clause 10.1 GBR will refund the full cost of the item. Refunds will be made in the same form as the original purchase.
10.3 All requests will be processed after we have inspected and verified the condition of the Products. Returns take approximately five business days to process upon receipt of the item.
11. Use of the Website
11.1. You agree to use the Website only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of the Website. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within the Website.
11.3. GBR does not warrant that functions contained in the Website content will be uninterrupted or error free, that defects will be corrected, or that GBR or the server that makes it available are free of viruses or bugs. We shall have no liability for any direct, indirect, special or consequential loss arising out of the use of or the inability to use this Website including (without limitation) reliance on any information or content of the website or which results from mistakes, omissions, interruptions, deletions of files or emails, defects, viruses or delays in operation or transmission.
11.4. The information on the Website may contain technical inaccuracies or typographical errors and may be changed or updated without notice. GBR may also make improvements and/or changes to the Website at any time without notice.
11.5. Any information we receive from you will be dealt with in accordance with our Privacy Policy.
11.6. Certain links in this Website connect to other websites maintained by third parties over whom we have no control. We make no representations as to the accuracy or any other aspect of information contained in other websites.
12. Liability
12.1. Nothing in these Terms will limit our liability for death or personal injury resulting from our negligence or that of our employees or agents. If you are a consumer (within the meaning of the Unfair Contract Terms Act 1977) the content of these Terms will not affect your statutory rights. If you are not a consumer then subject as provided in clause 9.1, all other warranties, conditions or other terms, whether implied by statute common law or otherwise, are excluded to the fullest extent permitted by law.
12.2. Where GBR provides any information in relation to the Products supplied to it by a third party, GBR does not give any warranty, guarantee as to its accuracy or otherwise and shall have no liability to the Customer for any losses arising as a result there of.
12.3. In the event that we are unable or fail to deliver the Products ordered within any time period specified, we will use reasonable endeavours to contact you in order to re-schedule the delivery time.
12.4. We will not be in breach of contract as a result of any Force Majeure Event.
12.5. IN ANY EVENT, THE LIABILITY OF GBR FOR ANY BREACH OR THE AGGREGATE LIABILITY FOR ANY SERIES OF BREACHES UNDER OR IN CONNECTION WITH THESE TERMS SHALL NOT EXCEED THE VALUE OF THE RELEVANT ORDER PLACED BY YOU FROM TIME TO TIME.
12.6. Lewis Banks Ltd shall have no liability for loss of profit or for any indirect, special or consequential loss of damage, costs, expenses or other claims for compensation whatsoever arising out of or in connection with the supply or non-supply of the Products (including any delay in supplying the Products) or their use or resale by you. Other than as set out in clause 9.2, the entire liability of Lewis Banks Ltd arising out of any order for Products from you will be limited to the total price of the Products ordered by you.
12.7. You must observe and comply with all applicable regulations and legislation, including all necessary customs, import or other permits to purchase Products from our Website. The importation or exportation of our Products may be prohibited by certain national laws. We make no representation and accept no liability in respect of the import or export of the Products you purchase.
13. Notices, Enquiries and Complaints
13.1. Any notices, enquiries or complaints should be:
13.1.1. e-mailed to store@gbracing.eu;
13.1.2. addressed to customer services on telephone number 020 8275 2630 or faxed to 020 8275 2631 : or
13.1.3. sent by post to : GBRacing, 106-108 Lancaster Rd, New Barnet, Hertfordshire EN4 8AL,
14. Intellectual Property
14.1. The entire content of the Website, including all copyright, trademarks and other intellectual property rights it contains, including the use of the name "GBRacing" is the sole property of Lewis Banks Ltd or our licensors. You are permitted to copy, transmit and to use such material only for the purpose of ordering Products from the Website, but you not are entitled to copy, reproduce, transmit, display in public, create derivative works from or otherwise commercially exploit such material.
14.2. All intellectual property rights in the Products (subject to the rights of any third party) belong to Lewis Banks Ltd.
14.3. You warrant that all Customer Material provided to us will not be defamatory or infringe the copyright or other rights of any third party, and you shall indemnify GBR against any loss, damages, costs, expenses or other claims arising out of any such infringement.
14.4. The trademarks, logos, and service marks (collectively, the "Trademarks") displayed on this website, including, but not limited to "GBR", are registered and unregistered trademarks of "GBR" and others. Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this website without the express written permission of "GBR" or such third party that may own the trademarks displayed on this website. Your misuse of the trademarks displayed on this website, or any other Content on this website is strictly prohibited.
15. Privacy Policy
15.1. You acknowledge and agree to be bound by the terms of our Privacy Policy.
16. General
16.1. These Terms govern the contract to the exclusion of all other terms and conditions stipulated in any other communication or document unless expressly agreed in writing by GBR.
16.2. GBR reserves the right to vary the content of these Terms from time to time, with any changes being published on the Website. However, such variations will not affect any Contract between GBR and you. Continued use of the Website, or any of its services will signify that you agree to any such changes.
16.3. We may correct any typographical, clerical or other error or omission in any information on the Website or in any email or other document or communication issued by GBR without incurring any liability on our part.
16.4. If any clause or part of a clause in these Terms is held by any Court of competent authority to be unlawful, invalid or unenforceable, such clause or part shall be severed and the remaining provisions of these Terms shall remain in full force and effect.
16.5. These Terms, together with our Website prices, delivery details, contact details and privacy policy set out the whole of our agreement relating to the supply of the Products by us. Nothing said by any sales person on our behalf should be understood as a variation of these Terms or as an authorised representation about the nature or quality of any Products offered for sale by us. Save for fraud or fraudulent misrepresentation or any statutory obligation, we shall have no liability for any such representation being untrue or misleading.
16.6. The contract between you and Lewis Banks Ltd shall be governed by English law and you and Lewis Banks Ltd submit to the exclusive jurisdiction of the English Courts.
16.7 Lewis Banks Ltd reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or any part of any of its rights or obligations under these Terms.
16.8 These Terms do not create or confer any rights or benefits enforceable by any person that is not a party within the meaning of the Contracts (Rights of Third Parties) Act 1999.
WE RECOMMEND THAT YOU PRINT OUT A COPY OF THESE TERMS FOR YOUR FUTURE REFERENCE.