T&C'S

ORDERS

Orders can be telephoned, Emailed or collected from our premises at Unit 4 Stream Business Park, Southover, Wells, Somerset, BA5 1UH

VAT

All prices are subject to VAT where appropriate and carriage charges where relevant.

PRICES

Prices may be subject to change at any time without notification.

ORDER PROCESS

Orders will only be accepted from persons over the age of 18. Orders may be accepted from person’s resident outside the United Kingdom. All orders are subject to acceptance and availability. If any goods ordered are not available, you will be notified by email and you will have the option either to wait until the item is available from stock or to cancel your order. It is your responsibility to provide us with a valid email address so that we can contact you if necessary. Any orders placed by you will be treated as an offer to purchase the goods or services from us and we have the right to reject such offers at any time prior to acceptance. You shall be responsible for ensuring the accuracy of the details provided on the order and we will not accept an order unless all details requested have been entered correctly. You acknowledge that any automated acknowledgment of your order that you may receive from us shall not amount to our acceptance of your offer to purchase goods or services advertised on the Website. The conclusion of a contract between you and us will take place when we accept your order by (i) debiting your credit or debit card, or (ii) despatching goods to you/making goods available for download by you or commencing the services, whichever is the earlier. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website. Each item or service purchased is sold subject to additional specific terms and conditions relating to that item or service including, without limitation, terms and conditions concerning estimated delivery times and any warranties. Please ensure that you read such additional terms. We are entitled to refuse any order placed by you and will not be required to provide an explanation.

PAYMENTS

We are able to accept payment by most Credit or Debit cards, PayPal or Cash on collection or backorder.

RETURNS / REFUNDS

Where mistakes have occurred we will accept most mail order parts for return, provided they are returned within 14 days of despatch. Special orders cannot be returned, refunded, exchanged, credited or cancelled under any circumstances. All other parts may be returned according to the following guidelines. Carriage charges cannot be refunded. If the error is ours, returned parts will be refunded in full but please be aware it is entirely your responsibility to ask for the correct parts for the correct model. Parts that agree with the invoice are deemed to have been correctly supplied. All parts returned must arrive back with us not later than 2 weeks after the date of despatch and it is the sender’s responsibility to ensure that they are well enough packed to survive the rigours of the transport.

Where a refund is required we will refund the amount agreed through the same method that was used during the payment of the goods.

RACING & TRACK RIDING

Warranty on any and all products sold by A&R Racing is invalidated by their use in racing or track riding. All parts sold for use in racing are not warrantied in any way.

RESPONSIBILITY FOR FITMENT

Some parts and products are supplied with technical specifications and fitting instructions and some not. It is most important that all persons or companies carrying out fitting work should read all such information and be competent and knowledgeable in the task they are undertaking. The fitting of some parts may necessitate the modification of other parts and/or the replacement or removal of other parts. It is the responsibility of the purchaser to ensure the correct parts are fitted and that any necessary modifications are carried out competently. If you are in any doubt please consult a professional mechanic or engineer. It is expressly your own responsibility to ensure that all parts are fitted correctly and that all safety measures have been taken. Always refer to the manufacturers’ workshop manual.

SAFETY

The use of any vehicle, including a motorcycle, whether on or off road involves some degree of risk of injury or death to yourself or others. You have a duty to ensure that your actions, or the result of your actions have no potentially adverse effect on safety. If all necessary steps are taken to follow safe working practices, it is possible to minimise the chance of an accident or damage which might otherwise occur as a direct result of parts or accessories having been fitted incorrectly, or the wrong or inappropriate part or accessory having been fitted. It is essential that you fulfil your own personal responsibilities to ensure the safe working and operation of your motorcycle.

RETENTION OF TITLE

Not withstanding delivery and the passing of risk in the goods, or any other provision of these Conditions, the legal and equitable property in the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the goods and all other goods agreed to be sold by the Seller to the Buyer for which payment is then due together with any applicable taxes or duties thereon and interest for delayed payment if any outstanding amount due to the Seller by the Buyer.

Until such time as the property in the Goods passes to the Buyer:

The Buyer shall hold the Goods as the Sellers fiduciary agent and bailee, and shall keep the Goods separate from those of the Buyer and third parties and properly stored, protected and insured and identified as the Sellers property., but the Buyer shall be entitled to resell or use the Goods in the ordinary course of its business provided that it shall account to the seller for the proceeds of sale up to the total amount outstanding in respect of any unpaid Goods; and (provided the Goods are still in existence and have not been resold), the Seller shall be entitled at any time to require the Buyer to deliver up the Goods to the Seller and, if the Buyer fails to do so forthwith, to enter upon any premises of the Buyer or any third party where the Goods are stored and repossess the Goods.

The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Seller, but if the Buyer does so all moneys owing by the Buyer to the seller shall ( without prejudice to any other right or remedy of the Seller ) forthwith become due and payable.

Nothing in these clauses shall preclude the Seller from taking action against the Buyer for the unpaid price of the Goods supplied.

LIABILITY & INDEMNITY

Notwithstanding any other provision in the Conditions, nothing in these Conditions will affect or limit your statutory rights; or will exclude or limit our liability for death or personal injury resulting from our negligence. The Website is provided on an ‘as is’ and ‘as available’ basis without any representation or endorsement made and we make no warranties, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade custom.

You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the Internet. We will use reasonable endeavours to verify the accuracy of any information on the Website but make no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability of any kind for any loss or damage from action taken in reliance on material or information contained on the Website. We will use all reasonable endeavours to carry out our obligations within a reasonable period of time but will not be liable to you, the buyer, for any loss, costs or expenses arising directly or indirectly from any delays in doing so and we will not be deemed to be in breach of these Conditions by reason of any delay in performing, or any failure to perform, any of its obligations in relation to these Conditions, if the delay or failure was due to any cause beyond our reasonable control. We will not be liable, in contract or tort (including, without limitation, negligence), or in respect of pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise for:

1. any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or

2. any loss of goodwill or reputation; or

3. any special or indirect losses suffered or incurred arising out of or in connection with the provision of any matter under the Conditions.

You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Conditions by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your Personal Information with your authority. This clause does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.

FRAUD

Due entirely to the rise in credit card and mail order fraud. All orders must be sent to the credit card holder’s address which is checked with the credit card company, except where the customer is already known to us. We apologise for any inconvenience this may cause and are sorry to have to have been forced into this position but the situation is not of our making. Any and all attempts at defrauding A&R Racing will be prosecuted fully.

FORCE MAJEURE

We shall have no liability for delays or failures in delivery or performance resulting from force majeure, including but not limited to, war, demands or requests of Government authorities, strikes, shortages of labour, fuel, power, raw materials, late or defective performance or non-performance by suppliers, transportation disruptions, inability to ship or other causes, beyond our reasonable control.

GOVERNING LAW & JURISDICTION

The Website is controlled and operated in the United Kingdom. The Conditions will be governed by the laws of England and Wales and you irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales.