(Your statutory customer rights are not affected)
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DEFINITIONS
'The Company';
'The Company';
Speed Rebel Ltd, a company registered in England and Wales, whose registered office is: Speed Rebel Limited, Red Lion Yard, Odd Down, Bath BA2 2PP.
Our company registration number is 06181851.
Our contact details are as follows:
Trading address:
Speed Rebel Ltd,
19 Huish Court
Writhlington
Radstock
United Kingdom,
BA3 3LR.
General email:
speedster@speedrebel.com
Telephone number: 0845 299 0414
'The Customer';
the person, company or organization purchasing goods or services from 'The Company', as shall be entered within the 'customer' section of all Company sales order/ecommerce/invoice documentation.
OVERVIEW
OF TERMS & CONDITIONS
These terms and conditions (last updated January 2007) shall apply to the sale and supply of clothing and associated services by 'The Company', to the entity hereby referred to as 'The Customer'. 'The Company' means of good practice and retail compliance is primarily regulated by 'The Consumer Protection (Distance Selling) Regulations 2000', in addition to the 'Sale of Goods Act 1979' and other statutory instruments. This document contains references to the said regulations and has been supported with background information gained from the web sites of related parties, being; OFT (Office of Fair Trading), DTI (Department of Trade & Industry) and Trading Standards Central. Any order placed by 'The Customer' whether in person, by telephone, by mail or online (ecommerce) shall form a legally binding contract of sale, thus whilst the below terms are extensive they are given to define and protect the due rights of both 'The Customer' and 'The Company'.
1.
RETENTION OF TITLE / OWNERSHIP
1.1 Legal ownership of any goods supplied shall remain vested to 'The Company', until such time that full payment of order/invoice monies has been received from 'The Customer'.
1.2 Should the 'The Customer' obtain goods prior to full payment, 'The Customer' accepts that 'The Company' retains the right to demand and receive immediate settlement of all outstanding monies prior to transfer of ownership, or the 'The Customer' grants 'The Company' unrestricted access to reclaim the goods, at which point the order cancellation process shall be instigated. The saleable condition of the goods prior to any reclaim is sole the responsibility of 'The Customer'.
2.
PRICES
2.1 All pricing as shown upon 'The Company' literature and this web site are shown in (£) Pounds Sterling.
2.2 All pricing as shown upon 'The Company' literature and this web site are shown inclusive of the current prevailing rate of Value Added Tax (VAT). VAT Number 908603231.
2.3 All goods as priced shall be supplied free of delivery charge when delivered to addresses in mainland locations throughout England, Wales and Scotland. International orders shipping cost will be applied at chackout.
2.4 All pricing as shown upon 'The Company' literature and this web site are shown exclusive of Postage & Packaging. This will be applied at the checkout for web based orders
2.5 'The Company' pricing is reviewed upon a calendar monthly basis, but revisions will be applied at any time for; (a: increases) material and manufacturer price rises, or (b: reductions) offers or promotions as defined.
2.6 'The Company' reserve the right to offer 'The Customer' reduced pricing should they; (a) use a voucher code, (b) offer volume incentive, or (c) offer other incentive where discretion can be applied.
3.
PAYMENT
3.1 'The Company' standard payment terms are full payment with order.
3.2 Payments are only accepted in (£) Pounds Sterling.
3.3 Payments are only accepted by the following means; cheque (made payable to Speed Rebel Limited), BACS (electronic banking), Visa, MasterCard, Maestro/Switch, Visa Delta and Electron.
3.4 Upon cheque-based orders, goods shall not be released until such a cheque passes clearance and the funds credit 'The Company' bank account.
3.5 'The Company' actively strive to prevent credit/debit card fraud. All card-based orders without exception are subjected to cardholder name, address and other security checks as deemed essential.
3.6 'The Company' retain the right to undertake any third party search as necessary, such as via 'The Company' card processing organisation, to satisfy that 'The Customer' card details are valid.
3.7 It is the responsibility of 'The Customer' to always provide their registered cardholder address when requested. Any processing delays caused by incorrect data provision will not be at the fault of 'The Company'.
3.8 'The Company' reserves the right to alter the standard payment terms of any customer if deemed appropriate, or where special terms form part of a package deal or offer.
4.
DELIVERY
4.1 'The Company' shall aim to dispatch all orders at the earliest opportunity usually within 48hrs of receipt of order
4.2 'The Company' delivery periods as published are given in good faith. Delivery can occur sooner or later than the anticipated timescales.
4.3 The delivery period will commence from point of cleared payment, thus (a) next working day upon card-based orders, and (b) clearance of funds upon cheque-based orders.
4.4 Should the delivery period extend beyond (whichever is longer) that published, subsequently notified or 30 days after the date of order (as section 19 of the Distance Selling Regulations) 'The Customer' can cancel their order without penalty.
5.
RETURN (CANCELLATION)
5.1 A return or cancellation of goods can be instructed up to 7 working days after the date of delivery (except 5.2), as defined by section 11, part 2 of the Distance Selling Regulations.
5.2 'The Customer' has no right to cancel at any time should their order include a personalised requirement i.e.; size 3XL or custom colour garment.
5.3 The statement in 5.2 is formed from the 'Exceptions to the right to cancel' section 13, part c of the Distance Selling Regulations; which refers to "goods made to the customer's specifications..."
5.4 A return or cancellation should be made in a durable means as defined by part 10 of the Distance Selling Regulations being; either in writing to 'The Company' address or by email to speedster@speedrebel.com .
5.5 It is the responsibility of 'The Customer' to meet all product return costs, either by their own arrangement or at the direct cost levied to 'The Company'. Stated, to comply with section 8, part 2aii of the Distance Selling Regulations
5.6 It is the responsibility of 'The Customer' to retain possession and take reasonable care of the goods, until the goods have been returned to the possession of; 'The Company', or a carrier appointed by 'The Company'.
5.7 All return costs sought by 'The Company' shall be deducted from the order monies held, thus any refund to 'The Customer' shall be passed less this return charge.
5.8 Return costs are not fixed and are based upon variables such as product and quantity.
5.9 Where 'The Customer' instructs 'The Company' to undertake a collection and return, 'The Company' shall notify 'The Customer' of the return charge in writing (by email) prior to undertaking the process.
5.10 'The Company' will not profit from any return charges received from 'The Customer'. A return charge will always equate to the cost 'The Company' expended.
5.11 Reimbursement (refund) of cancelled order monies held, less the return delivery charge defined in 7.6 to 7.11, shall be made in a period not exceeding 30 days, as Section 14, part 3 of the Distance Selling Regulations.
5.12 Statute states that a product should be returned in its original condition, thus fit for re-sale as new. We shall therefore reject the return of any product where assembly has been commenced, thus rendering the product as 'used'.
6.
COMPLAINT
6.1 In the event of any complaint or grievance, 'The Customer' should initially make contact by telephone on 07828 709035 / 0845 299 0414, followed by a formal email complaint to speedster@speedrebel.com or letter to 'The Company' address.
6.2 For efficient handling, 'The Customer' should state upon all correspondence; (a) their name, (b) their address, (c) their sales invoice number, (d) the product, and (e) a description of their complaint.
6.3 We shall endeavour to promptly resolve any complaint and/or respond with our stance. Should a response not be received within 5 working days, please send a "Second Request" for the attention of The Manager.
6.4 It is the intention of 'The Company' to resolve any dispute fairly, amicably and to the satisfaction of all parties concerned at the earliest opportunity.
7.
PRIVACY
7.1 We are committed to the protection and respect customer privacy.
7.2 We will only use the information that we collect about you lawfully (in accordance with the Data Protection Act 1998).
7.3 Any personal details given by 'The Customer' shall not be passed or made available to any other company, organization or third party with the exception of 7.4.
7.4 To enable us to efficiently fulfil your custom, 'The Customer' contact name, telephone number and address shall be passed to our manufacturers to enable direct delivery and communication.
7.5 'The Company' shall only use 'The Customer' telephone and email contact details when deemed appropriate and necessary to discuss and fulfil their order.
7.6 'The Company' will not pass to any third party the details of the subscribers of 'The Company' email newsletter.
7.7 Subscribers of 'The Company' email newsletter retain the right to be removed from our database at any time by selecting the 'unsubscribe' function at the base of any newsletter received.
8.
SECURITY
8.1 For customer security of sensitive information, 'The Company' web site operates a secure e-commerce automated payment process, approved by all UK banks.
8.2 'The Company' secure encrypted environment is held upon a Thawte certified secure server, operated by Secure Hosting Ltd (a UK company).
8.3 'The Company' server facility operates to a 128bit level of encryption, the strongest commercial level of secure encryption currently available.
8.4 All personal data entered via this web site by 'The Customer' will always be stored or transferred using the same 128bit level of encryption.
9. LICENCE
9.1 'The Customer' are permitted to print and download extracts from this Website for your own use on the following basis:
- no documents or related graphics on this Website are modified in any way;
- no graphics on this Website are used separately from accompanying text; and
- any of our copyright and trade mark notices and this permission notice appear in all copies.
9.2 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 9.1 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.
9.3 Subject to clause 9.1, 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.
9.4 Any rights not expressly granted in these terms are reserved.
10. SERVICE ACCESS
10.1 While 'The Company' endeavours to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.
10.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
11. VISITOR MATERIAL AND CONDUCT
11.1 Other than personally identifiable information, which is covered under 7. PRIVACY, any material 'The Customer' transmit or post to this Website will be considered non-confidential and non-proprietary. 'The Company' will have no obligations with respect to such material. 'The Company' and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
11.2 'The Customer' are prohibited from posting or transmitting to or from this Website any material:
- that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
- for which you have not obtained all necessary licences and/or approvals;
- which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
- which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
11.3 'The Customer' may not misuse the Website (including, without limitation, by hacking).
11.4 'The Company' will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 11.2 or 11.3.
12. LINKS TO AND FROM OTHER WEBSITES
12.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. 'The Company' have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. 'The Company' therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If 'The Customer' decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
12.2 If 'The Customer' would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
- 'The Customer' do not remove, distort or otherwise alter the size or appearance of the Speed Rebel Ltd logo;
- 'The Customer' do not create a frame or any other browser or border environment around this Website;
- 'The Customer' do not in any way imply that we are endorsing any products or services other than our own;
- 'The Customer' do not misrepresent your relationship with us nor present any other false information about us;
- 'The Customer' do not otherwise use any Speed Rebel Ltd trade marks displayed on this Website without our express written permission;
- 'The Customer' do not link from a website that is not owned by you; and
- 'The Customer' website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
'The Company' expressly reserve the right to revoke the right granted in this clause 12.2 for breach of these terms and to take any action we deem appropriate.
12.3 'The Customer' shall fully indemnify us for any loss or damage 'The Company' or any of our group companies may suffer or incur as a result of your breach of clause 12.2.
13. MISCELLANEOUS
13.1 If 'The Customer' wishes to amend their order post-sale (i.e.; after order processing), a nominal £10 'Administration Charge' shall be levied to account for the manual handling of all documentary and payment revisions in line with any post-sale 'Customer' instructions; extra-over to any material or service cost adjustments/revisions.
14. LAW
14.1 These terms and conditions shall be interpreted in accordance with UK Law.