Terms & Conditions
These terms and conditions form the basis on which you visit our website. Please read them carefully as they contain important information.
ONLINE TERMS AND CONDITIONS BETWEEN S&D MOTORCYLES LTD AND CONSUMER
This site is owned and operated by S&D Motorcycles Ltd of Unit C Frieze Hall Farm, Coxtie
Green Road, Brentwood, Essex CM14 5RE. If you have any queries about these terms and conditions or if you have any comments or complaints on or about our website, you can contact us at email@example.com or Tel: 01277 374988
By using our website to buy goods online, you confirm that you are at least 18 years old, or, if you are under 18, that you are placing an order on this website with the consent of your parent or guardian.
1. The contract between us
We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been placed by sending an email to you at the email address you provide in your order form. Following a review of the order we will dispatch your item, at which time you will be emailed again, this confirms our acceptance of your order. Our acceptance of your order brings into existence a legally binding contract between us.
Please note that completion of the online checkout process does not constitute our acceptance of your order. Our acceptance of your order will take place only when we dispatch the product(s) which you ordered from us.
2. Ownership of rights
All rights, including copyright, in this website are owned by or licensed to S&D Motorcycles Ltd. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non commercial use, is prohibited without our permission. You may not modify, distribute or repost anything on this website for any purpose.
3. Accuracy of content
We have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all goods have been fairly described. However, orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on this website. Any weights, dimensions and capacities given about the goods are approximate only.
4. Damage to your computer
We try to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.
All orders are subject to acceptance and availability. If the Goods you have ordered are not available from stock, we will contact you by e-mail or phone (if you have given us details). You will have the options to either wait until the item is available from stock, change your order to another item or to cancel your order.
We do not keep all of our stock listed online in our Brentwood store; if you are travelling, it is recommended that you call ahead to verify if we have the item you are looking for in store.
6. Ordering errors
You are able to correct errors on your order up to the point on which you click on “pay now” during the ordering process.
7.1The prices payable for goods that you order are as set out in our website. All prices are inclusive of VAT at the current rates and are correct at the time of entering information. Helmets, children’s items and books are exclusive of VAT.
7.2Where promotional prices are offered, they cannot be combined with other discounts and are subject to change and availability.
7.2.1 Unless explicitly stated, promotional offers made electronically are applicable only to online purchases.
Please note that due to typographical errors or misinformation from our suppliers there may, at times, be incorrect prices listed on our products. Wherever it is not possible to accept your order to buy goods of the specification and description at the price indicated, we will advise you by email or phone call, offer to sell you the goods of the specification and description at the price stated in the email and will state the period for which the offer or the price remains valid.
8. Payment terms
We will charge your PayPal account or credit card account for payment upon receipt of your order unless delivery cannot be fulfilled within 30 days. We accept no liability if a delivery is delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the goods from your account then we can cancel the contract and or suspend any further deliveries to you. This does not affect any other rights we may have.
9. Delivery charges
Delivery charges vary according to the type of delivery requested and overseas destinations. Orders over £30 are shipped free in UK mainland.
We deliver to most overseas locations but please contact us firstname.lastname@example.org pricing information and estimated delivery times.
10.1 After your order has been accepted we will send you a confirmation email. Every effort will be made to dispatch items purchased within 1 working day (please note that orders received over the weekend will be dispatched Tuesdays). In the event of stock shortages or any
unavailability we will contact you. Unfortunately we cannot be liable for any loss or damage suffered by you through any delay in delivery.
10.2We will deliver the goods to the address you specify for delivery in your order. It is important that this address is accurate. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence). We will aim to deliver the goods by the date quoted for delivery but delivery times are not guaranteed. If delivery is delayed due to any cause beyond our reasonable control, the delivery date will be extended by a reasonable period and we will contact you to arrange an alternative time.
10.3You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
11. Risk and ownership
Risk of damage to or loss of the goods passes to you at the time of delivery to you, or if you fail to take delivery at the agreed time, the time when we tried to deliver. You will only own the goods once they have been successfully delivered and when we have received cleared payment in full. Goods supplied are not for resale.
12. Acknowledgement and acceptance of your order
You will need to provide us with your e-mail address and we will notify you by e-mail as soon as possible to confirm receipt of your order and e-mail you again to confirm details. An acceptance of your order will take place on despatch of the good(s) ordered.
13. Cancellation rights
13.1You have a statutory right to cancel your order starting from when the contract is entered into and ending 14 days after the goods have been delivered (with the exception of any made to order items). You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty. However, you will need to notify us if you wish to cancel your contract.
13.2If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
13.3Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be re-credited to your account.. You shall be refunded within 14 days of us receiving the goods back or being given proof they have been sent back to us – we advise you keep proof of posting. The refund will be given using the same means of payment as used to place your order. If the value of the goods has been reduced due to mishandling by you, the sum of your refund may be reduced.
13.4You will be re-credited for the costs incurred in returning faulty or unsatisfactory goods, once assessed by ourselves.
If you are outside of the 14 day cancellation period, you can return most items*within 90 days of delivery and we will replace the item or offer a full refund. We ask that you send the item(s) back unused in their original condition with all the original packaging and labels. If it is our error, we will also refund the return shipping costs. This does not affect your statutory rights.
15.1 If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we will have no liability to you unless you notify us in writing at our contact address of the problem within 60 days of the date on which you ordered the goods (unless this is not reasonably practicable). If you notify a problem to us under this condition, our only obligation will be, at your option:
15.1.1to make good any shortage or non-delivery;
15.1.2to replace or repair any goods that are damaged or defective; or
15.1.3to refund to you the amount paid by you for the goods in question in whatever way we choose.
15.2Both parties shall only be liable under this contract for losses, which are a reasonably foreseeable consequence of the relevant breach of contract.
15.3You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
15.4Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at Unit C, Frieze Hall Farm, Coxtie Green Road, Brentwood, Essex CM14 5RE
17. Changes to legal notices
We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.
18. Law, jurisdiction and language
This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
21. Third party rights
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
General Company Details
S&D Motorcycles Ltd
Unit C, Frieze Hall Farm
Coxtie Green Road,
Company Number: 05784588
VAT: GB 203 1945 42