Terms & Conditions
A&D MOTORCYCLES LTD
TERMS AND CONDITIONS OF SALE AND PURCHASE
- Please read through our Terms and Conditions of Sale and Purchase. They are the terms which you can purchase from A&D Motorcycles Ltd on our Website. Once you submit an order for any item advertised for sale on this Website, this will be taken as acceptance by you of these Terms and Conditions.
CONTRACT OF SALE
- In order to purchase any items which is for sale on this Website, a completed order form must be submitted. This order will not be submitted unless we can take full payment for your order once accepted. If accepted a confirmation email will be sent to you and we will supply the items you have ordered in accordance with these Terms and Conditions.
- A contract will be created once you have placed an order, your order is accepted by us and confirmation has been sent by us. The terms of the “Contract” will comprise these Terms, as amended or updated by us from time to time, and the prices (subject to clause 10 below) and other relevant information about the Products published by us on this Website at the time the Contract is formed. It is important to note that once your order is confirmed by us, we will be unable to stop it from being sent to you.
- We reserve the right to change these Terms and Conditions. We will make sure a note of the date and number of any changes are included as part of these Terms and Conditions. Changes will be posted to our website, and you accept you are responsible to ensure you are aware of any changes. Changes will come into effect 24 hours after first posting and it will be accepted you acknowledge any change if you continue to shop on our Website following any change.
- You acknowledge and agree that, in entering into a Contract, you do not rely on and have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to the Contract or not) which is not expressly set out or referred to in the Contract. This is not intended to limit or exclude liability for fraud on our part.
ORDERS AND QUOTES
- You acknowledge that:
- all information and specifications relating to the Products and any material sold by us are approximate only; and
- the colour of the items on this Website may vary from the Products supplied to you under any Contract.
- We may correct any error in any unconfirmed order, sales literature or other document or information issued by us or placed on this Website without any liability.
- We may make any changes in the specification of the Products to conform with any applicable safety or other statutory or European Union requirements which do not materially affect their quality or performance.
RIGHT OF WITHDRAWAL
- Where you purchase Products from this Website for personal use and not for resale:
- You have the right to withdraw from any Contract from the date on which we send you our Confirmation until 7 working days after the day you receive your order by giving us written notice of withdrawal by email, fax or post. In all instances this must be accepted by us prior to the return by email.
- If you withdrawal from the Contract you are responsible for returning and paying for the items to be returned to us in the exact way they are were delivered. Please note items will be returned at your own risk.
- Selected products are non-returnable, and this will be confirmed by us when you submit your request to return the items. Please check at time of ordering.
- If you withdraw from any Contract pursuant to this clause 9, we will credit your credit or debit card as appropriate for the price of the Products as set out in clause 15 below, provided that the Products are returned to us in the condition they were in when delivered to you.
- Pricing Policy
- The price of each Product advertised on our Website shall be the recommended retail price on the date you place your order.
- Only one promotional offer or personal discount is available against each purchase.
- All prices quoted are exclusive of the cost of postage, packaging and delivery. You are responsible for the costs of postage and packaging to the delivery address you have quoted on your order form and we have acknowledged in our confirmation.
- The price of the Product advertised includes VAT (value added tax), unless specified.
- We reserve the right to revise the price of any items on this Website without notice. We also reserve the right to refuse to supply to you, whether you are an individual or company, for whatever reason.
- Payment will be processed on the date we take your order. Payment will be taken by credit or debit card. Please contact us regarding which card
- All refunds made will be the price pay by you for the Product, and will not include a refund of any postage, packaging or similar costs. If the Product was purchased with a discount, you will receive a refund of the discounted price.
- We shall aim to deliver stock items within 5 working days. If the item is not in our stock we shall advise you accordingly. Delivery will be to the address you supplied.
- If not all of your Products are delivered or are incorrect, you must inform us by email/in writing within 7 working days from the date of delivery. If you do not notify us, we will not be responsible for any loss or damage suffered by you as a result. In any event, our liability is limited to the price of the Products not delivered or the cost of replacing such Products.
RISK AND OWNERSHIP
- Risk of damage or loss of the Products shall pass to you on delivery or, if you fail to take delivery of the Products, at the time when we have tried to deliver the Products.
- Ownership and/or responsibility for the Products shall pass to you on delivery or, if you fail to take delivery of the Products, at the time when we tried to deliver the Products to you.
- All intellectual property and other proprietary rights (including, but not limited to, brand names, product names, copyright and trade marks) and all technical, business or similar information (including, but not limited to, all designs, documents and other materials relating to the Products) used in the Products (together “the Intellectual Property”) are and shall remain the property of us or of our licensors.
- Other than as stated in this Clause, we do not grant permission for the use of the Intellectual Property and such use may constitute an infringement of the holder’s rights.
- All Website design, text and graphics appearing on this Website and the selection or arrangement thereof are the copyright of us or of our licensors. Permission is granted to print once in hard copy portions of this Website for the sole purpose of placing an order with or using this Website as a shopping resource. Any other use of materials on this Website (including reproduction for purposes other than those noted above and modification, distribution, or republication in any form or media) without our prior written permission is strictly prohibited.
- We are the owner of the A&D Motorcycles trademarks any other trademark materials, including, but not limited to, product names and company names or logos cited herein are the property of their respective owners.
- If you are unhappy with any Product you purchase on this Website for any reason, you may return it to us in its original condition within 30 days and we will provide a refund in accordance with the Clauses contained within these terms and conditions. If the reason for the return is the result of our error, or if the item was damaged before it reached you, we will also refund the postage costs.
- We shall not be liable in respect of any defect in the Products arising from fair wear and tear, neglect, failure to follow our instructions, misuse or improper alteration or repair of the Products.
- Nothing in these Terms shall exclude or limit our liability arising by virtue of the Consumer Protection Act 1987, or our liability for fraud or for death or personal injury caused by our negligence, or any other liability to the extent that we cannot so exclude or limit such liability as a matter of law.
- Where the Products are sold under a “consumer transaction” (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976), your statutory rights are not affected by these Terms.
- Save as expressly provided in these Terms, and except where the Products are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), the Products are provided on an “as is” basis and all warranties conditions terms and liabilities express or implied by statute or common law are excluded to the fullest extent permitted by law and we will not be liable to you for any loss of any kind whatsoever which arises out of the breach of implied warranties or conditions or breach of any other duty of any kind imposed on us by operation of law.
- We will not be liable for any of the following losses which may arise by reason of any breach of
a Contract or any implied warranty, condition or other term, any representation or any duty of any kind imposed on us by operation of law: a. any loss of anticipated profits or expected future business;
- damage to reputation or goodwill;
- any damages costs or expenses payable by you to any third party;
- loss of any order or contract; or
- any loss that was not foreseeable by you and A&D Motorcycles at the time our Contract was formed; or
- any loss not caused by any breach on the part of A&D Motorcycles.
- Without prejudice to any other provision of these Terms, we will not be in breach of the Contract for any delay in performing, or failure to perform, our obligations under it if that delay or failure was due to any cause or circumstance beyond our reasonable control. This clause does not affect your statutory rights.
- We are providing the Website on an “as is” basis and we make no representations or warranties of any kind with respect to the Website or its contents and disclaim all such representations and warranties.
WITHDRAWAL AND USE OF PRODUCTS
- We may withdraw from the market any Products that we produce or generally supply without prior notice, or liability, to you.
- If we provide you with information about the use for which the Products are designed and about any conditions necessary to ensure that the Products will be safe, then you must use the Products accordingly.
- Any notice required under these Terms must be in writing to our business premises. If we contact you it will be to your billing address.