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By purchasing from Courtenay Sport Ltd, you are agreeing to our standard terms and conditions of business which are listed below:
COURTENAY SPORT LTD STANDARD TERMS AND CONDITIONS FOR THE SUPPLY OF GOODS & SERVICES:
1: DEFINITIONS
In this document the following meanings apply:
1.1 'Consumer' shall have meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.2 'Customer' means any person who purchases Goods and Services from the Supplier;
1.3 'Goods' means the articles specified in the Proposal;
1.4 'Proposal' means a statement of work, verbal quotation or similar document describing the Goods and Services to be provided by the Supplier;
1.5 'Services' means the services specified in the proposal;
1.6 'Supplier' means COURTENAY SPORT LTD of 14 Folgate Road, North Walsham, Norfolk NR28 0AJ;
1.7 'Terms and Conditions' means the terms and conditions of supply set out in the document and any special terms and conditions agreed in writing by the Supplier.
2: GENERAL
2.1 These Terms and conditions shall apply to all contracts for the supply of Goods and Services by the Supplier to the Customer and shall prevail over any other documentation and/ or communication from the Customer.
2.2 Any variation to the Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.
2.3 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Supplier may be entitled in relation to the Goods and Services, by virtue of any statute, law or regulation.
2.4 Nothing in these Terms and Conditions shall affect the Customer's statutory rights as a Customer.
3: THE ORDER
3.1 The Proposal attached to these Terms and Conditions shall remain valid for a period of 30 days.
3.2 The Customer shall be deemed to have accepted the Proposal by placing an order with the Supplier ('the Order') within the period specified in Clause 3.1.
3.3 All Orders for Goods and Services shall be deemed to be acceptance of the Proposal pursuant to these Terms and Conditions.
3.4 All workshop bookings are subject to a non refundable deposit taken at the time of booking.
4: PRICE AND PAYMENT
4.1 The price for the Goods and Services is as specified in the Proposal and is inclusive of VAT and any applicable charges outlined in the Proposal, subject to further work being carried out wherein the Customer will be notified before commencement.
4.2 Payment of the price shall be in the manner specified in the Proposal.
4.3 If the Customer fails to make any payment within 30 days of it becoming due, the Supplier shall be entitled to charge interest at the rate of 2% per month, above bank base rate on the outstanding amounts.
4.4 If after the 30 day period the amount remains outstanding, the Supplier may sell the vehicle, upon such a sale the Supplier shall pay the balance of the proceeds to the Customer after deducting all the unpaid charges/interest and disposal costs.
4.5 Payment for orders placed must be received in fully cleared funds before the Supplier can release the Customer's vehicle and property. If any cheques drawn by or on behalf of the Customer are dishonoured by the drawer's bank, the Customer is subject to an administration charge of £25 payable by the Customer.
5: DELIVERY
5.1 The date of delivery specified by the Supplier is an estimate only. Time for delivery shall not be of the essence of the contract and the Supplier shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods.
5.2 All risks in the Goods shall pass to the Customer upon delivery.
5.3 If the Courier is unable to deliver the goods they will hold for approximately 7 days. If they cannot deliver the goods to you, because no one was available to sign for the goods or there was no response to a card left, your parcel will be returned to the Supplier. If this occurs you will need to contact the Supplier to arrange for the goods to be resent. The Supplier reserves the right to charge re-delivery on re-sent items which have been returned to the Supplier by a delivery company/agent. The cost will be the original shipping charge plus the courier return fee charged to the Supplier. Overseas deliveries will subject to all of the above but will also incur any import duty and return delivery costs if for any reason duty is not paid by the receiver.
6: TITLE
6.1 Title in the Goods shall not pass to the Customer until the Supplier has been paid in full for the Goods.
7: CUSTOMER'S OBLIGATIONS
To enable the Supplier to perform its obligations the Customer shall:
7.1 co-operate with the Supplier;
7.2 provide the Supplier with any information reasonably required by the Supplier;
7.3 obtain all necessary permissions, licenses and consents which may be required before the commencement of the services, the cost of which shall be the sole responsibility of the Customer; and
7.4 comply with such other requirements as may be set out in the Proposal or otherwise agreed between the parties.
7.5 Where overseas orders are subject to Duty & VAT the responsibility for payment is with the Customer and determined by the relevant Countries Customs & Excise regulations.
8: SUPPLIER'S OBLIGATIONS
8.1 The Supplier warrants that the Goods will at the time of delivery correspond to the description given by the Supplier.
8.2 The Supplier shall perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice.
8.3 The Supplier accepts all responsibility for the condition of tools and equipment used in the performance of the Services and shall ensure that any materials supplied shall be free of defects.
8.4 In addition to the Customer's statutory rights, the Supplier guarantees all Goods against faulty workmanship and materials for a period of 3 months from the date of completion, in accordance with the correct maintenance and servicing of these elements.
8.5 The Supplier provides a separate warranty in relation to the specific Services carried out where applicable.
9: CANCELLATIONS AND REFUNDS (RETURNS) and MISSING or DAMAGED ITEMS
9.1 Where the Goods are faulty or do not comply with any of the contract, the Customer must notify the Supplier within 7 days of delivery and the Customer shall be entitled to replacement Goods or a full refund.
9.2 The Customer may cancel an Order by notifying the Supplier in writing at the address above (or for online orders via the Returns Section of our website) within 14 days of placing an order and any deposit will be refunded in full unless it is a specially ordered item whereupon a refund will not be applicable.
9.3 If the Customer fails to cancel the order within the time specified in Clause 9.2 any deposit paid may not be returnable.
9.4 Any agreed returned Goods must be notified to the Supplier within 14 days of receipt, consigned 'carriage paid' by the Customer and accompanied by a copy of the original invoice stating the reason for return. A restocking charge of 15% will be imposed on any agreed returned Goods if returned outside of the 14 day period. All original carriage costs will remain payable by the Customer.
9.5 All returned Goods must be accompanied with a returns number issued at time of notification of return.
9.6 All returned Goods must be received by Courtenay Sport within 28 days of date of delivery.
9.7 No returns will be accepted after 30 days from date of receipt.
9.8 Any refund due will be made via the original payment method (e.g. back to the same payment card) and will be processed within 14 days from the date of receipt of the returned goods.
9.9 MISSING or DAMAGED ITEMS. Please check your order upon receipt. Sometimes items are incorrectly packed, arrived damaged or have been mistakenly left out. Please notify us about any missing, damaged or incorrectly packed items from your order as soon as possible and within 24 hours of parcel receipt via the >>>> Returns Section <<<< of our website so that we can rectify any problems.
9.10: WORKSHOP BOOKING DEPOSIT- this deposit secures your booking and therefore is non refundable unless at least 2 weeks notice is given to allow us to re-book your appointment.
9.11: Any Non Stock, Special Order items are non returnable and therefore non refundable.
10: LIMITATION OF LIABILITY
10.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury, however the Supplier shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price for the Goods and Services.
10.2 The Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract misrepresentation or otherwise.
10.3 For the avoidance of doubt, time shall not be of the essence and the Supplier shall incur no liability to the Customer in respect of failure to complete the Services by an agreed completion date.
10.4 In a case of whereby a Customer insists on collecting the vehicle prior to completion of the vehicle road testing phase, the Supplier shall become free from all liabilities arising from that Proposal.
11: FORCE MAJEURE
Neither party shall 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 limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
12: SEVERANCE
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
13: GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of the United Kingdom and the parties hereby submit to the exclusive jurisdiction of the British courts.
V12/2021
Regarding the General Data Protection Regulation referred to as GDPR - The use of your information.
For the purposes of GDPR the Data Controller is Courtenay Sport Ltd, and the contact details are Registered Office: 14 Folgate Road, North Walsham, NR28 0AJ, United Kingdom. Telephone Number: 01692 404313 (International: 0044 1692 404313) Email: info [at] courtenaysport.co.uk
By entering your information on our website (and/or by creating a customer account) you are giving your consent to us using your information to process your order.
Courtenay Sport Ltd takes every possible step to safeguard your privacy online. The following statement sets out our Privacy Policy. This policy may change from time to time so please re-read this policy periodically.
Cookies.
Our website uses essential cookies to allow full website and ecommerce functionality, including during your visit and when using our online shopping facility. This allows you to make a purchase from our website and also for example save your shopping basket between visits (for registered users when logged in). By using our website you are accepting this functionality and the use of cookies - it makes your visit with us easier to administer successfully. We may also use analytical cookies for our own use to help ensure best operational performance of our website. We do not share any information during the course of your visit to our website. You may alter your preferences with regard to the use of cookies from us by visiting the preferences/settings/security settings within the admin section of the browser being used. This however may affect the intended functionality of our website during your visit. If you have any concerns over the use of cookies, please clear your browser of our cookies after you finish your visit here.
Any links to third party websites may lead to these third parties using cookies. Please consult the cookie policy for any third party websites you may visit.
Secure Server.
Courtenay Sport Ltd hosts this website (www.CourtenaySport.co.uk) on an industry standard TLS1.2 (Transport Layer Security) secure server (look out for the padlock). TLS was previously Secure Socket Layer (SSL). The TLS protocol aims primarily to provide privacy and data integrity between two communicating computer applications. TLS1.2 is the standard security technology for establishing an encrypted link between a web server and a browser. This link ensures that all data passed between the web server and browsers remain private and integral. TLS is an industry standard and is used by millions of websites in the protection of their online transactions with their customers.
Your Contact Information.
The Contact Information you (the customer) provide us (Courtenay Sport Ltd) with is used to create your account with us online (should you choose to register) and your details are recorded in our online database. This will allow you to make purchases via our website (www.CourtenaySport.co.uk) and allow us to process any order you place with us using the information you give us. We will use this contact information when we process your order and may use it to get in touch with you about your order when necessary (usually by email or telephone). You also allow its use by our chosen courier delivery partners to allow efficient delivery of your order. We do not use this information for any other purpose other than in the processing of your order and we will not sell or offer this information to any third party.
Courtenay Sport Ltd do not collect any financial information from you. Payments to us are made by you using PayPal or SagePay as our chosen payment processors. Any information provided to these outside organisations is used solely to make payment for products and/or services supplied by us and for no other reason. Once the encrypted transaction is made the data is destroyed digitally. We (Courtenay Sport Ltd) have no access to any financial information submitted during any online transaction. All online transactions are made via secure servers offering the highest level of encryption. Our payment providers are Level 1 PCI compliant.
Courtenay Sport Ltd are registered under the Data Protection Act.
Who do we share your Contact Information with?
The Contact Information that you have provided to us will not be made publicly available nor will it be sold to third parties. We will provide your contact details (name, address, email, telephone number) to the chosen courier company to allow them to deliver your order to you.
Courtenay Sport Ltd may disclose Contact Information in special cases where Courtenay Sport Ltd has reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating our terms and conditions of use or may be causing injury or interference with our rights, property, our customers or anyone who could be harmed by such activities. We may also disclose Contact Information when we believe, in good faith, that the law requires it and for administrative and other purposes necessary to maintain services and improve our products and services.
Payment Security
Our site is hosted on a secure server (look out for the padlock) and has security measures in place to help protect against the loss, misuse and alteration of the information under our control. For online payment processing we use a third party TLS1.2 secure server with digital certificates (https://) and all personal information is fully encrypted during all payment transactions. All online transactions will be processed securely by either of the following merchant service providers, PayPal or SagePay and are fully PCI compliant at the highest level. If you have any queries with regards to how your payment is made to us via PayPal or SagePay, please contact these organisations directly.
Correction/Updating your Information.
If you wish to correct, update, remove or otherwise modify the information that you have provided to us please update your account online by logging in and making the relevant changes, or contact us and we will deal with your request.
If you want us to update you of or remove any contact information we may hold please contact us with your request.
Notification of Changes
If at some point in the future, there is a change to our privacy policy that will affect your personal information, we will notify you by email of the relevant changes, assuming you have given us a current up to date and valid e-mail address.
Contacting Us
If you have any questions about this privacy statement, the practices of this site or your dealings with us, please e-mail us via our Contact Us page.
