This site is owned by [Testa-Rossa Leisure Group Ltd t/a Sorted Racegear Bike] (hereafter THE MERCHANT) and registered in England, Registration No. [04328332], with registered address at [108 Old Chester Road, Higher Walton, WA4 6TG] (hereafter THE MERCHANT ADDRESS), and email address at [sales@sortedracegear.com].
Any purchase of goods from the site [sortedracegear.com] (hereafter THE MERCHANT SITE) requires the customer to consult and accept these terms and conditions. The click validating the order implies full acceptance of these terms and represents the customer's "digital signature".
Purpose
These terms and conditions are intended to define the rights and obligations of the parties in the sale of goods proposed online by THE MERCHANT for the customer.
Order Confirmation
All contractual information will be confirmed by email to the address specified by the customer during the purchasing act.
Proof of Transaction
The records stored in THE MERCHANT's computer systems under reasonable safety conditions are considered proof of communications, orders and payments made between the parties.
Purchase orders and invoices are stored on a reliable and durable system and can be produced as evidence.
Product Information
Every effort has been made to ensure the accuracy of the information presented on THE MERCHANT SITE. THE MERCHANT or its suppliers shall not be held liable for the consequences, accidents, or special damages arising from electronic transmissions or the accuracy of transmitted information, even in cases where THE MERCHANT was aware of the possibility of such damages. Manufacturer and brand names are only used for identification purposes. Product photos, descriptions and prices are non-contractual.
Validity Period of Offer and Prices
Our offers and prices are valid for the day the site is consulted and are subject to change without notice. Any discount codes, coupons, vouchers or star buys promtions must be redeemed during the checkout of order. Promotions cannot be applied retrospectively once checkout complete.
Delivery Terms
Products are delivered to the address specified by the customer on the purchase order and only to geographic zones that we service.
All products leave our premises in perfect condition. The customer must notify the carrier (or postman) of even the slightest trace of damage (holes, signs of crushing, etc.) to the parcel, and refuse the package if necessary. A new, identical product will then be sent to the customer at no additional charge.
No exchanges can be made at a later time for goods claiming to be damaged during carriage without notification at the time of reception.
As with any shipment, a delay or loss of goods is possible. In such a case, the carrier shall start an investigation. Every effort is made, for as long as necessary, to find the package. If the package is not found the carrier will reimburse THE MERCHANT, upon reimbursement THE MERCHANT will deliver a new, identical package to the customer free of charge or make full refund if identical item is not available.
We shall not be held responsible or offer any refund for delayed delivery times due to the carrier, including for the loss of goods, bad weather or strikes.
For Clarity We WILL Reimburse Delivery Charges For The Following Reasons
- Our Staff Have Despatched The Incorrect Order Item
- Our Courier Has Lost A Package And An Investigation Has Been Concluded As Parcel Lost
- Delivery Has Been Rejected Due To A Damaged Parcel And Notified In Writing
We will NOT Reimburse Delivery Charges For The Following Reasons
- An Order Has Been Cancelled After The Consignment Has Been Despatched
- An Order Is Requested To Be Amended After The Consignment Has Been Despatched
- An Exchange, Return Or Refund Is Requested
- Our Courier Does Not Deliver On Estimated Delivery Date
- Incorrect Delivery Or Address Information Input By Customer At Website Checkout
- Warranty Cases
- Delivery Has Been Attempted But Customer Unable To Accept Delivery
- Refusal of delivery due to disputed customs charges
International Delivery Customs Charges And Returns
Dependant on the country there may be additional local taxes, VAT, Duty and customs charges. Our Courier will normally pay all these charges on behalf of the customer. The courier will then collect these fees from the customer plus an admin fee. THE MERCHANT is not responsible for any customs related charges unless a specific "Delivered Duty Paid" courier option has been pre-arranged.
In the event that a delivery is refused by a customer due to dispute or non payment payment of their country customs/taxes and the purchased items are returned to THE MERCHANT then the total of these charges plus any surcharges or return courier fees, plus any additional return taxes and customs charges plus the original shipping fee plus a re-stock fee of £30.00 will be deducted from any customer refund.
Loss or Damage in Transit
THE MERCHANT will not be responsible for damage or loss of goods or part thereof in transit or for any discrepancy between the goods delivered and the goods ordered unless the customer gives written or email notice of a claim to THE MERCHANT and the carrier within thirty (30) days of delivery.
In the event of damage of goods or part thereof in transit or for any discrepancy between the goods delivered and the goods ordered, the customer must hold the goods and make them available for inspection or collection by THE MERCHANT or its representatives on request.
Delivery Errors
The customer must inform THE MERCHANT immediately (the same day or, at the latest, the first business day following delivery) concerning any claim of delivery error or non-conformity of goods, in kind or in quality, compared with the information on the purchase order.
Any claim made after this time period will be rejected.
All claims must be made in writing and sent to THE MERCHANT ADDRESS.
Any claim that does not respect the rules defined above cannot be taken into account and releases THE MERCHANT of any responsibility to the customer.
In the case of delivery error or exchange, all goods to be exchanged or refunded must be returned to THE MERCHANT in whole, in its original packaging and in perfect condition to THE MERCHANT ADDRESS.
For claims to be accepted, the customer must first make a declaration to THE MERCHANT concerning any returns and receive and THE MERCHANT's consent. If accepted, the customer will ship the package to THE MERCHANT ADDRESS.
Shipping fees shall be at THE MERCHANT's expense, except in the case where the goods do not correspond to the original declaration made by the customer concerning the return.
Warranty
The provisions hereof cannot deprive the customer of their right to legal warranty requiring THE MERCHANT to protect the customer against latent defects of goods sold.
The customer is expressly informed that THE MERCHANT is not the manufacturer of the goods presented in THE MERCHANT SITE and that THE MERCHANT shall not be held liable for defective goods.
In the case of damage to a person or property resulting from a product defect, only the product manufacturer shall be held liable and sought after by the customer, by means of the information provided on the packaging of said product.
All products sold on THE MERCHANT SITE are under a one (1) year warranty. All products that have been modified or repaired by the customer or any other party not chosen by THE MERCHANT are not covered by this warranty.
The warranty can be extended according to the terms provided in store and on the website. In the event of a succesful warranty case where a like for like replacement product is not available an equivalent same cost product will be offered or a credit note to the value of the original purchase.
In the event of a customer warranty claim the faulty goods should be returned to the merchant within 30 days of the initial cutomer warranty claim.
The customer will be responsible for all courier costs in relation to any warranty claim.
Faulty Goods
Under the Consumer Rights Act you have an early right to reject goods that are unsatisfactory quality, unfit for purpose or not as described, and get a full refund.
But this right is limited to 30 days from the date you took ownership of the goods (this could be the date of purchase or the date the goods were delivered to you - whichever is later).
After the initial 30 days, you can't demand a full refund in the first instance, but you still have the right to a repair or replacement.
The customer will be responsible for all courier costs in relation to return of goods.
Online/Mail Order Sales
In addition to our Returns Policy, under the Consumer Contracts Regulations, you have the right to cancel your order up to 14 days from the day you receive your goods if you are an online, mail or telephone order customer. You then have a further 14 days from the date you notify the retailer of your cancellation to return the goods.
The customer will be responsible for all courier costs in relation to return of goods.
Right of Use
The use of any trademarks, logos or brands present on the site is strictly forbidden.
Force Majeure
Neither party will be deemed to be in breach of any of its obligations under the agreement as a result of any delay in performing or any failure to perform any such obligations by reason of any cause or event beyond the parties' control. A force majeure event includes, but is not limited to, any unforeseeable, inevitable, or unstoppable act, event, non-happening, omission or accident beyond the control of either party, despite all reasonable efforts made to the contrary. In addition to events usually recognized by the British courts, a force majeure event includes in particular (without limitation) the following: Strike, lock-out, earthquake, fire, storm, flood, lightning, explosion, impossibility of the use of public or private telecommunications networks.
In such circumstances, the party delayed or unable to perform ("Delayed Party") shall notify the other party ("Affected Party") within ten (10) business days following the date such events become known.
Unless prevented due to force majeure, both parties will meet within three months to examine the impact of the event and agree to the conditions under which the contract shall be continued. If the force majeure lasts longer than one (1) month, this agreement may be terminated by the injured party.
Partial Invalidity
These terms and conditions remain valid and in force, even if one or more clauses are invalid or declared so under any law, regulation or following the final decision of a competent court.
Non-Waiver
No failure of either party to exercise any power given to it in these terms and conditions or to insist upon strict compliance by the other party with its obligations hereunder shall constitute a waiver of either party's right to demand exact compliance with the terms hereof.
Data Protection
All personal data you provide us is used to process your orders. This data will be treated in accordance with the Data Protection principles outlined in the Data Protection Act 1998.
Applicable Law and Competent Jurisdiction
In form and content, these Terms and Conditions shall be governed by and construed in accordance with English law. All orders placed on THE MERCHANT SITE strictly imply the acceptance of THE MERCHANT's terms and conditions.
In case of dispute or claim, the customer agrees to seek an amicable solution with THE MERCHANT before proceeding with any legal action. In the event where such a solution cannot be found, any disputes concerning the sale (price, Terms and Conditions, products, etc.) will be subject to the exclusive jurisdiction of the English courts.
Complaints Policy
If you are not entirely happy with your recent experience, please raise a complaint by contacting our Customer Service Team by email using orders@sortedracegear.com
We aim to resolve your complaint as quickly as possible and if we are able to resolve your complaint within 30 days, we will send you a final response detailing our resolution. If we are unable to provide you with a final response at 30 days, we will send you a letter explaining the reason for delay and when we expect to issue you with a final response.
If you are dissatisfied with our response and your agreement is regulated by the Financial Conduct Authority, you have the right to refer your complaint to the Financial Ombudsman Service, free of charge, but you must do so within six months of the date of the final response or 8 week holding letter. Further information and contact details can be found on www.financial-ombudsman.org.uk.