Motorsport Memorabilia
St John’s House
St John’s Street
Chichester
West Sussex
PO19 1UU
01243 527300
sales@motorsportmemorabilia.com
These pages contain information on the terms and conditions applicable to every order placed with Motorsport Memorabilia. All orders are accepted solely upon and subject to these terms and conditions. Nothing in these terms and conditions affects your statutory rights.
1. Definitions
1.1 “Buyer” or “you” means the person or entity who buys or agrees to buy goods, or requests a quote, design or drawing from Motorsport Memorabilia.
1.2 ” Motorsport Memorabilia ” or “us” or “we” or “www.motorsportmemorabilia.com” means Motorsport Memorabilia.
2. Placing an order or an enquiry with Motorsport Memorabilia
2.1 When you place an order over the telephone, by fax, by email or via our online ordering service we will treat it as an offer to buy. If we accept your order we will send you an emailed or written receipt confirming the quantity and price of the goods that you have ordered, together with your order number, at which point a contract will exist between you and Motorsport Memorabilia. Alternatively, if we refuse to accept your order, for whatever reason, we will inform you in writing or by phone or email.
2.2 When you request a quotation, plan, design or drawing you shall also be considered as agreeing to these terms and conditions and your attention is especially drawn in regard to section 10.
2.3 Motorsport Memorabilia will treat all your personal information (such as name, email address, billing address, delivery address, telephone number, credit card or other payment details) as confidential, and we will fully comply with all applicable UK Data Protection and consumer legislation from time to time in force. We shall use such information for the purposes of fulfilling your order, and by placing an order with us you authorise us to obtain necessary information about you from third parties, such as credit or debit card companies, in order to authenticate your identity, credit or debit card validity, and to authorise transactions. We may also contact you in the future regarding relevant Motorsport Memorabilia offers and services. If you do not wish to receive further contact from us, please let us know by phone, email or in writing.
2.4 You warrant and represent that the information you provide when placing an order with Motorsport Memorabilia is true, accurate, current and complete in all respects
3. Price and Payment
3.1 The price of the goods ordered shall be as confirmed in the emailed receipt or paper receipt that we send to you, though we reserve the right to rectify any error. Prices quoted on our websites and in quotes are exclusive of VAT, whilst invoices and e-commerce shopping carts are presented inclusive of VAT at the point of payment, and are in Pounds Sterling.
3.2 Payment shall be due at the time of the order or as otherwise agreed. If you fail to make payment as required, or if your funds fail to clear or are subsequently recalled, Motorsport Memorabilia may suspend delivery of the goods or services until payment is made in full, or reclaim the goods, or take whatever recovery action is appropriate, which may include but is not limited to reference to Credit Agencies, Debt Collection Services, Legal action or public comment via the media.
3.3 Notwithstanding that payment of all sums shall be due at the time of the order, interest on any overdue or outstanding sums shall accrue from day to day from the date when payment becomes due until the date of payment, at the rate of 8% above HSBC Plc’s base rate from time to time in force, and shall accrue at such a rate after, as well as before, any court judgment. This clause does not affect our statutory rights.
4. Delivery
4.1 Delivery of the goods and services shall be made by Motorsport Memorabilia, or our representatives, to such place in the mainland UK as you specify and we agree at the time you place your order, on an agreed date or within an advertised time frame.
4.2 For Tailgate deliveries, you hereby confirm that you have adequate access and space, and personnel, to receive the goods on the agreed date and transport them into your premises. Motorsport Memorabilia will not provide any unloading or movement of goods into your site or property. If we are unable to complete a tailgate delivery due to your failure to ensure appropriate personnel are available, or your site is inaccessible, you will be liable for any further costs Motorsport Memorabilia incur in order to re-schedule or complete the delivery, and Motorsport Memorabilia are not liable for any costs you incur as a result.
4.3 For Installation services, you agree to provide reasonable access to your site and property including access to all required floors, buildings and relevant parts of your site. You agree to ensure that there are no obstructions to our work. If we are unable to complete an Installation due to your failure to meet these conditions Motorsport Memorabilia are not liable for any failure to complete the Installation and you will be liable for any further costs incurred by Motorsport Memorabilia to complete the Installation.
4.4 Unless otherwise agreed, we are unable to deliver outside of normal working hours.
4.2 If an agreed delivery is refused or not completed, through the fault of the Buyer, and has to be re-delivered, all additional costs incurred by Motorsport Memorabilia will be met by the Buyer.
5. Damaged Goods or Incomplete Deliveries
5.1 It is your responsibility to inspect the goods upon delivery and immediately report any damage or shortage by noting it on the delivery note/installation report (delivery notes/installation reports endorsed “unexamined”, “installed satisfactorily”, “undamaged”, or similar, will be taken by both parties to confirm that the goods were delivered and/or installed in good condition) and by contacting Motorsport Memorabilia on 01243 527300 immediately. Please note that under no circumstances will liability be contemplated by us in respect of damaged goods or shortages unless the above steps are taken.
6. Acceptance and/or Return of Undamaged Goods
6.1 We take all reasonable care to ensure that the details, descriptions, dimensions and prices of goods appearing on the Motorsport Memorabilia website are as accurate and up to date as possible. However, if you are dissatisfied with your purchase for any reason whatsoever you may, within seven (7) working days after the day of delivery of said items, notify us by email that you would like to return the goods, SUBJECT TO THE EXCEPTIONS SET OUT IN CLAUSE 6.3 BELOW.
6.2 It is your responsibility to pay for and arrange the return of the goods, “as new”, and with the original packaging. Any money which Motorsport Memorabilia has received from you in relation to the returned goods will be refunded in full to you within 30 days of receipt of the goods by us, provided that the goods are in the same condition they were in at the time of delivery. If no emailed notification stating that you wish to return the goods has been received by Motorsport Memorabilia within seven working days after the day of delivery, you shall be deemed to have accepted the goods and be liable for any sums still owed to us.
6.3 Orders that involve goods that have been made to order or which involve computer software can only be cancelled within 24 hours of the order being accepted by us in accordance with clause 2.1 and cannot be returned unless faulty.
7. Warranties and Liability
7.1 All goods supplied by Motorsport Memorabilia come with the stated manufacturer’s warranty covering structural defect unless stated otherwise. This does not include where the defect is caused by you through accident, negligence or misuse. Motorsport Memorabilia shall provide you with such information as is required to claim under the manufacturer’s warranties. In the event of a claim, you should in the first instance contact us.
7.2 Where goods are manufactured by Motorsport Memorabilia to the Buyer’s design, the Buyer warrants and represents that such design does not infringe any design rights or other intellectual property rights of any third party and hereby agrees to indemnify Motorsport Memorabilia against any loss or damage which Motorsport Memorabilia may suffer as a result of any claim brought against it by a third party alleging infringement of its design or other intellectual property rights.
7.3 Insofar as is permitted by law, Motorsport Memorabilia only liability to you under these terms and conditions will be to make good any shortage or non-delivery, or to replace or repair any goods which are received by you in a damaged or defective state or, if appropriate and in accordance with these terms and conditions, to refund to you any sums actually paid by you for the goods in question. Motorsport Memorabilia total liability to you (save for death or personal injury) for any one claim or for the total of all claims arising from one act or default of Motorsport Memorabilia (whether arising from Motorsport Memorabilia negligence or otherwise) shall not exceed the price of the goods in respect of which the claim is made.
7.4 Motorsport Memorabilia will not be liable to you, in contract, tort, or otherwise out of or in connection with these terms and conditions, for any indirect or consequential loss, loss of reputation or goodwill, or damage arising out of any problem that you notify to us. Examples of indirect or consequential loss include but are not limited to loss of profits, loss of time, loss of contracts, or damage to property of the Buyer.
7.5 Where the goods or services are to be delivered in installments, each delivery shall constitute a separate contract and failure by Motorsport Memorabilia to deliver one or more installment in accordance with these terms and conditions shall not entitle the Buyer to treat the contract as a whole or in part as repudiated. Motorsport Memorabilia shall use its reasonable endeavours to meet any date agreed for delivery, but in any event time of delivery shall not be of the essence. Motorsport Memorabilia reserves the right to sub-contract all or part of work arising form an order as it deems necessary.
7.6 Should the Buyer not comply with these terms and conditions, Motorsport Memorabilia reserves the right to cancel or suspend an order or contract and the Buyer shall be liable for the costs of work completed and expenses incurred by or on behalf of Motorsport Memorabilia. Furthermore, the Buyer hereby agrees to indemnify and hold Motorsport Memorabilia harmless, on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these terms and conditions by the Buyer.
8. Title and Risk
8.1 Risk of damage to or loss of the goods shall pass to the Buyer upon delivery, or if the Buyer or his nominee wrongfully fails to take delivery of the goods, the time when Motorsport Memorabilia has delivered the goods.
8.2 Notwithstanding any other provision herein, title in the goods shall not pass to the Buyer until Motorsport Memorabilia has received in cash or cleared funds payment in full of the price of the goods (and any additional costs arising pursuant to these terms and conditions) agreed to be sold by Motorsport Memorabilia to the Buyer for which payment is then due.
8.3 Until such time as title in the goods passes to the Buyer, the Buyer shall hold the goods as Motorsport Memorabilia 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 Motorsport Memorabilia property. Until such time as title in the goods passes to the Buyer, Motorsport Memorabilia shall be entitled at any time to require the Buyer to deliver up the goods to Motorsport Memorabilia and, if the Buyer fails to do so forthwith, to enter upon any premises of the Buyer or third party where the goods are stored and repossess the goods.
8.4 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 Motorsport Memorabilia, but if the Buyer attempts to do so all monies owing by the Buyer to Motorsport Memorabilia shall (without prejudice to any other right or remedy of Motorsport Memorabilia) immediately become due and payable.
9. General
9.1 Motorsport Memorabilia shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to strikes, lock outs, accidents, war, fire, reduction in or unavailability of power at our premises or manufacturing plants, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and Motorsport Memorabilia shall be entitled to a reasonable extension of its obligations.
9.2 Any notice required or permitted to be given by either party to the other under these terms and conditions shall be in writing and in the case of notices to Motorsport Memorabilia, addressed to Motorsport Memorabilia at St John’s House St John’s Street, Chichester, West Sussex, PO19 1UU or fax number 01243 769012, or by email to sales@motorsportmemorabilia.com, or in the case of notices to the Buyer, at the Buyer’s postal address, fax number, or email address as provided to Motorsport Memorabilia.
9.3 No statement, description, warranty, condition or recommendation contained in any catalogue, price list or advertisement or communication made verbally by any of the agents or employees of Motorsport Memorabilia shall be construed to enlarge, vary, amend or override in any way thereof any of these terms and conditions, unless expressly confirmed in writing by a director of Motorsport Memorabilia as so doing. The Buyer hereby confirms that, in agreeing to be bound by and abide by these terms and conditions, he has not relied on any representation save insofar as the same has expressly been made a term of these terms and conditions and the Buyer agrees that he shall have no remedy in respect of any representation.
9.4 All images supplied with product descriptions, quotes and presentations, including on the company’s websites, are representative of products and can also include other items that are not available with the advertised or listed product, especially if the image places the product in context in a workplace or home setting. If in doubt, please ask. Images and photographs may not truly reflect the colour or finishes represented depending on the media used. Samples can be supplied of materials and finishes upon request.
10. Unauthorised use of Quotations, Drawings, Plans or Designs
10.1 Any Drawings, Space Plans, Designs, Quotes or Specifications produced by Motorsport Memorabilia remain the intellectual property and copyright of Motorsport Memorabilia at all times unless otherwise stated. The Buyer is expressly forbidden to forward this material to any other contractor or supplier or to use such designs themselves without our express authorisation and agreed payment being made.
10.2 Any attempts to breach section 10.1 will result in The Buyer becoming liable for the costs of producing the design, plans, quotations or drawings as relevant and will be invoiced by Motorsport Memorabilia as such.
11. Additional Costs
11.1 The Buyer agrees to pay for any loss or extra cost incurred by Motorsport Memorabilia through the Buyer’s instructions or lack of instructions or through failure or delay in taking delivery or through any acts or default on the part of the Buyer, its servants, agents or employees.
12. Waiver
12.1 No waiver by Motorsport Memorabilia of any provision or term or condition herein shall be construed as a waiver of any preceding or succeeding breach of any provision, term of condition.
13. Proper Law of Contract
13.1 This contract shall be governed by the laws of England and Wales and any dispute, question or remedy howsoever arising determined exclusively by the English Courts.
