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These terms and conditions help to keep the Donnelly Motorsport website
a safe place to trade and set out the full extent of any agreement
reached between you and Donnelly Motorsport in connection with this
site. You should understand that by placing an order, you accept the
following terms and conditions:
General
1. The owner of this website is Donnelly Motorsport whose address is
Unit 4 Sperrinview Business Park, Glen Road, Maghera, Northern Ireland
BT46 5LT.
2. Your contract for purchases made through this web site is with
Donnelly Motorsport, and you undertake that any and all goods ordered by
you are for your own private and domestic use only.
3. You agree that e-mail can be used as a long-distance means of
communication.
4. No contract for the sale of any product will subsist between you and
Donnelly Motorsport unless and until Donnelly Motorsport accepts your
order by way of an e-mail confirming that it has received payment in
full for all the goods you have ordered. That acceptance will be deemed
complete and will be deemed for all purposes to have been effectively
communicated to you at the time Donnelly Motorsport sends the e-mail to
you (whether or not you receive that e-mail). This confirmation e-mail
amounts to an acceptance by Donnelly Motorsport of your offer to buy
goods from Donnelly Motorsport or a 3rd party supplier that is engaged
on your behalf by Donnelly Motorsport
5. This confirmatory e-mail will contain all relevant statutory
information concerning your contract
6. These terms and conditions, and may be amended in accordance with
paragraph 32 below from time to time.
7. You must check that the details on this confirmatory e-mail are
correct as soon as possible and you should print out and keep a copy of
it.
8. Donnelly Motorsport will not pass on your personal or credit or debit
card details to any third party.
9. You undertake that all details you provide to Donnelly Motorsport for
the purpose of ordering or purchasing goods or services are correct,
that the credit or debit card you are using is your own and that there
are sufficient funds to cover the cost of the goods or services ordered.
10. If there are any changes to the details supplied by you it is your
responsibility to inform Donnelly Motorsport as soon as possible.
11. Your statutory rights are not affected (in particular see below as
to your rights to withdraw from the contract) but otherwise all
purchases are non-exchangeable, non-refundable and non-transferable.
12. We accept cancellations by email to or by post or by telephoning
078 7622 7225 during normal office hours. You may also withdraw from the
contract at any time after the product has been dispatched and you have
received our email confirming your order but no later than 7 working
days from the day after you receive the product by:
12.1 Sending the notice of cancellation by email to ensuring that you
quote your name, address and order reference number;
and/or
12.2 Where you have already received the goods, returning the goods to
Donnelly Motorsport unopened together with the original invoice within 7
working days from the date that you received the goods. Donnelly
Motorsport will then refund you the purchase price of the goods. Where
appropriate, RPM-Motorsport.com shall refund any additional customs
duties borne by you on receipt of the relevant customs receipt.
13. Once Donnelly Motorsport receive notification from you that you wish
to withdraw from the contract (in accordance with these terms) any sum
debited to Donnelly Motorsport from your credit card in relation to your
order will be re-credited to that credit card account as soon as
possible and in any event within 30 days of your order provided that the
goods you wish to return are received by Donnelly Motorsport in the
condition that they were in when delivered to you.
Liability
14. This Liability section applies only to the extent permitted by law.
For the avoidance of doubt, Donnelly Motorsport do not exclude or limit
any liability for (a) personal injury (including sickness and death)
where such injury results from Donnelly Motorsport negligence or wilful
default, or that of employees, agents or subcontractors or (b)
fraudulent misrepresentation.
15. Donnelly Motorsport does not accept liability (except as set out
below) for any errors and omissions and reserve the right to change
information, specifications and descriptions of listed goods, products
and services.
16. Donnelly Motorsport will do its best to correct errors and omissions
as quickly as practicable after being notified of them.
17. To the fullest extent permitted by law, Donnelly Motorsport is
providing this website and its contents on an "as is" basis and makes no
(and expressly disclaims all) representations or warranties of any kind,
express or implied, with respect to this website or the information,
content, materials or products included in this site including, without
limitation, warranties of merchantability and fitness for a particular
purpose. In addition, Donnelly Motorsport does not represent or warrant
that the information accessible via this website is accurate, complete
or current.
18. In the unlikely event that you receive goods which were not what you
ordered or which are damaged or defective, or are of a different
quantity to that stated on your order form, Donnelly Motorsport shall,
at its own option, make good any shortage or non-delivery, replace or
repair any damaged or defective goods, or refund to you the amount you
paid for the goods in question PROVIDED THAT you notify Donnelly
Motorsport of the problem in writing at the address stated in the
confirmation e-mail within 10 working days of delivery of the goods.
NOTHING IN THIS CLAUSE AFFECTS YOUR STATUTORY RIGHTS.
19. Donnelly Motorsport do not accept liability for any indirect loss,
consequential loss, loss of data, loss of income or profit, loss of
damage to property and /or loss from claims of third parties arising out
of the use of the Donnelly Motorsport website or for any products or
services purchased from Donnelly Motorsport.
20. Donnelly Motorsport will only be liable for direct loss up to a
maximum total of the price of the product or service purchased in
respect of any claim.
Processing of orders
21. Credit and Debit cards are debited before items are shipped by
Donnelly Motorsport. All prices include sales taxes (where applicable)
unless otherwise stated, and no charge is made for shipping.
22. Every purchase you make shall be deemed performed in the UK. UK law
shall govern every aspect of contractual agreement concerning purchases
made from this web site.
23. Donnelly Motorsport aim to arrange shipment of all in stock items
within 24 hours of receiving your order. Your order may be delayed if
the item is not in stock with our suppliers. Some items may be
unavailable and the current stock status is approximate. Donnelly
Motorsport are not able to supply dates our suppliers may get an item in
stock.
24. Our standard Returns Policy applies to all purchases from Donnelly
Motorsport.
Delivery/Title/Risk
25. Goods will be sent to the address given by you in your order and
stated in the Order Confirmation. Please note that your goods may be
sent to you in instalments.
26. Title to any product ordered will pass to you once Donnelly
Motorsport has received payment in full for that product.
27. If your delivery address is outside of UK and Eire you maybe subject
to import duties and taxes, which are levied once a shipment reaches
your country. Any such additional charges for customs clearance must be
borne by you. You should note that customs policies vary widely from
country to country; RPM-Motorsport.com advises each customer to contact
their local customs office for further information.
28. From time to time Donnelly Motorsport may engage a 3rd party to
fulfil orders, a contract for the sale of these products will be made
between the 3rd party supplier and yourself.
29. Please note that when shipping products internationally you should
be aware that cross-border shipments are subject to opening and
inspection by customs authorities.
Miscellaneous
30. It is a crime to use a false name or a known invalid credit card to
order. Anyone caught wilfully entering an erroneous or fictitious order
will be prosecuted to the fullest extent of the law. Donnelly Motorsport
tracks the electronic 'fingerprints' of every order placed on Donnelly
Motorsport to enable us and all legitimate crime prevention and
prosecution authorities to trace individual users engaging in criminal
activities on our website.
31. Donnelly Motorsport may amend these terms and conditions from time
to time, and place the new version on the website.
When Donnelly Motorsport do so, Donnelly Motorsport will mention the
fact on our home page (www.DonnellyMotorsport.com). All purchases from
the date that the amended terms are placed on our website onwards will
be governed by those new terms.
32. These terms and conditions shall apply when Donnelly Motorsport
accepts your order by e-mail confirming that it has received payment in
full for all the goods you have ordered. They shall supersede any and
all other conditions, understandings, commitments, agreements or
representations (except fraudulent misrepresentations) relating to your
purchase, whether oral or in writing, and contain the entire agreement
between Donnelly Motorsport and you relating to your purchase.
RPM-Motorsport.com advises that you print off and keep safe a copy of
these terms and conditions once your order has been accepted by Donnelly
Motorsport.
33. You are advised to read (and are responsible for reading) all
information on this website fully.
34. If any of these terms are held to be invalid or unenforceable, those
terms will be struck out and the other terms remain. |