TERMS AND CONDITIONS
Please read these terms and conditions carefully, they contain important information about your rights and obligations. You can print out these terms and conditions by clicking on the print icon on your browser.
Please read these terms and conditions carefully before using this web site. This web site is operated by Moto-Lita Ltd (‘Moto-Lita’, ‘our’, ‘we’ or ‘us’) (Registered Office Address: Aldwych House, Winchester Street, Andover, Hampshire, SP10 2EA, Company Number 8214891 and VAT number GB 568747579). In particular, we draw your attention to clauses 7 (Information you provide to us), 9 (Applicability of online materials) and 13 (Liability). By [clicking on the ‘I Accept’ button at the bottom of these terms and conditions and/or ]accessing or using www.motolita.co.uk (‘our web site’) you agree to be legally bound by these terms and conditions as they may be modified and posted on our web site from time to time.
If you do not wish to be bound by these terms and conditions please do not use our web site.
2 Nature of our web site
Our web site is a place for you to view, select and order products from Moto-Lita Ltd (the ‘Products’)[ and to make use of related services such as wish lists and downloads of material related to the Products]. Our web site describes the Products in more detail.
3 Buying products on our web site
To order a product you will need to follow the ordering procedures set out [on our order page]. Details of our prices for the Products, and the procedures for payment and delivery are displayed on our web site.
We always endeavour to dispatch our products as quickly as possible though do advise allowing approx 10-14 working days from confirmed order. Further delays may be advised once the order has been received particularly during busy periods. Times or dates stated on our web site and order acknowledgments for delivery are estimates only. Moto-Lita will make all reasonable effort to deliver goods within the time specified, but does not accept liability for any failure to deliver within that time.
You must pay by credit or debit card at the time of order. The price of any Product is the price in force at the date and time of your order. We may change the price of any Product before you place an order. We try to ensure that our prices displayed on our web site are accurate but the price on your order will need to be validated by us as part of the acceptance procedure (see clause 3.4 below). We will inform you if a Product’s correct price is higher than that stated in your order in which case you may cancel the order and decide whether or not to order the product at the correct price. We reserve the right to so inform you at any time prior to delivery and, notwithstanding any prior communication, no contract is formed until delivery. The prices exclude value added tax and delivery costs, both of which are shown separately where applicable. Please be aware that you may also be liable for import duties and/or local taxes. Import duties are the responsibility of the purchaser and Moto-Lita are not responsible or liable for the payment of any such charges.
Moto-Lita is entitled to refuse any order placed by you. We will acknowledge receipt of your order by email to the email address you have provided or verified to us while ordering. An approximate delivery date will be advised at the time of order confirmation. Any delay will be corresponded to you via email or telephone at our earliest convenience. Please note on some items made to special order delivery times may be extended and an approximate delivery time advised.
Payment is processed through our online store at the point your order is placed. This is within a secure banking gateway and no sensitive payment details are visible or stored.
Payment of orders placed over the phone or fax will be processed at the point of dispatch. Exchange rates are charged at the rate of exchange set by the credit card issuer at the point of transaction.
You undertake that all details you provide to us for the purpose of purchasing goods or services which may be offered by us on our web site will be correct, that the credit or debit card which you use is your own [or that you have the cardholder’s permission to use it ]and that there are sufficient funds or credit facilities to cover the cost of any goods or services. We reserve the right to obtain validation of your credit or debit card details before providing you with any goods or services.
You may return any Products you have purchased within 7 working days of delivery for any reason (including if you simply change your mind). To do so you must notify us in writing or other durable medium (including email) within those 7 working days. You will then be entitled to a refund from us which will be paid as soon as possible but in any event within 30 days. You must keep any Products you intend to return to us in good condition while in your possession, must arrange for and pay the costs of returning the Products to Moto-Lita at the address in section 16 below and must take reasonable care to ensure that they are received by us undamaged. Alternatively, at your request, we will collect the Products from you, but the cost of this will be charged to you and we may deduct this from the refund.
If: (a) the Product delivered is not what you ordered (or is a Substitute Product), or does not correspond with its description; or (b) the Product delivered is not of a satisfactory quality Moto-Lita will, at its option, deliver to you a replacement Product or refund to you the price paid and your reasonable costs of returning the Product.
If you have any complaints about our Products or service you should direct them to us via email at firstname.lastname@example.org or by post to the Customer Services Manager at the address in the Contacts section below.
5 Modifications to web site
We reserve the right to make changes or corrections to or to alter, suspend or discontinue any aspect of our web site or the content or services available through it, including your access to it. Unless explicitly stated to the contrary, any new features including new content and/or the sale of new Products shall be subject to these terms and conditions.
Please note that although we try to ensure that the content of our web site is accurate, it may contain typographical errors or other inaccuracies.
6 Information you provide to us
7 Username and password security
You are solely responsible in all respects for all use of and for protecting the confidentiality of any username, email verification and password that may be given to you or selected by you for use on our web site. You may not share these with or transfer them to any third parties. You must notify Moto-Lita immediately of any unauthorised use of them or any other breach of security regarding our web site that comes to your attention.
8 Applicability of online materials
Unless otherwise specified all content and materials published on our web site are presented solely for your private, personal and non-commercial use.
Our web site is controlled by us in the UK and operated on our behalf in the UK. Where content published on the web site is supplied by third parties, you understand that we do not control or endorse such content in any way. All content which is offered by third parties that are not affiliated with or otherwise connected with us, is published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on or offline) and the use of such content, except for content which relates directly to Products you purchase. You assume total responsibility and risk for your use of our web site and use of all information contained within it.
We have used our best endeavours to ensure that our web site complies with UK laws. However, we make no representations that the materials on our web site are appropriate or available for use in locations outside the UK. Persons visiting our web site from other locations do so on their own initiative and are responsible for compliance with all applicable laws. If use of our web site and/or viewing of it, or use of any material or content on our web site or services, or products offered through our web site are contrary to or infringe any applicable law in your jurisdiction(s), you are not authorised to view or use our web site and you must exit immediately.
Moto-Lita makes no representations and gives no warranties (express or implied) that making the Products available in any particular jurisdiction outside the UK is permitted under any applicable non-UK laws or regulations. Accordingly, if making the Products or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those Products are not offered for sale to you. You accept that if you are resident outside the UK, you must satisfy yourself that you are lawfully able to purchase the Products. Moto-Lita accepts no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the Products by persons in jurisdictions outside the UK or who are nominees of or trustees for citizens, residents or nationals of other countries.
9 Copyright and monitoring
The contents of our web site are protected by international copyright laws and other intellectual property rights. The owner of these rights is Moto-Lita, its affiliates or other third party licensors. All product and company names and logos mentioned in our web site are the trade marks, service marks or trading names of their respective owners, including us. You may download material from our web site for the sole purpose of placing an order with Moto-Lita or using our web site as a shopping resource. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our web site including but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited to do so, for example in order to complete any test or questionnaire.
10 Linked sites
Moto-Lita make no representations whatsoever about any other web sites which you may access through our web site or which may link to our web site. When you access any other web site you understand that it is independent from Moto-Lita and that we have no control over the content or availability of that web site. In addition, a link to any other web site does not mean that Moto-Lita endorses or accepts any responsibility for the content or the use of such a web site and Moto-Lita shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other web site or resource. Any concerns regarding any external link should be directed to its web site administrator or web master.
11 Availability of our web site
We will try to make our web site available but cannot guarantee that our web site will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our web site and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, web site, router or any other Internet connected device[ related to our web site].
We promise that for any Product you purchase from our web site: (a) we have the right to sell the Product to you; (b) the Product will correspond with the description we have given to you; and (c) the Product will be of satisfactory quality. We also promise that any service we provide to you will be provided with reasonable skill and care. We exclude all other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to any products (including without limitation the Products), our web site or any information or service provided through our web site. We will do our best to ensure that all materials and information published on our web site are accurate, but please note that all content, materials and information on our web site are provided on an ‘as is’ basis and you assume total responsibility and risk for your use of our web site and use of all information contained within it.
We accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect) in each case, however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our web site or its contents other than as a direct result of purchasing Products (which shall be subject to the exclusions and limitation of liability set out in these terms and conditions)], we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on the part of Moto-Lita or our servants, agents or any other person or entity.
If we are liable to you for any reason, our liability will be limited to the amount paid by you for the Product concerned. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence or for our fraudulent misrepresentation.
You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our web site and is compatible with our web site. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our web site will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.
We may, but you may not, assign any rights and/or transfer, sub-contract or delegate any obligations under these terms and conditions, and/or charge or deal in any other manner with these terms and conditions or any of our respective rights or obligations. Any purported assignment, transfer, sub-contracting, delegation, charging or dealing in contravention of this clause 13.1 shall be ineffective. These terms and conditions are personal to you and are entered into by you for your own benefit and not for the benefit of any third party.
We may alter these terms and conditions from time to time and post the new version on our web site, following which all use of our web site will be governed by that version. You must check the terms and conditions on the web site regularly.
If any provision of these terms and conditions are held to be invalid or unenforceable by any judicial or other competent authority, all other provisions of these terms and conditions will remain in full force and effect and will not in any way be impaired. If any provision of these terms and conditions are held to be invalid or unenforceable but would be valid or enforceable if some part of the provision were deleted, [or the period of the obligation reduced in time, or the range of activities or area covered reduced in scope] the provision in question will apply with the minimum modifications necessary to make it valid and enforceable.
These terms and conditions are governed by and are to be construed in accordance with English law. You and Moto-Lita irrevocably agree that the courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute which may arise out of or in connection with these terms and conditions.
Except in respect of a payment obligation, neither you nor Moto-Lita will be held liable for any failure to perform any obligation to the other due to causes beyond your or Moto-Lita’s respective reasonable control.
Any omission to exercise, or delay in exercising, any right or remedy under these terms and conditions shall not constitute a waiver of that, or any other, right or remedy. The waiver by you or us of any of our rights or remedies arising under these terms and conditions or by law shall not constitute a continuing waiver of that right or remedy or a waiver of any other right or remedy.
These terms and conditions do not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999.
All notices shall be given: (a) to us via email at email@example.com; or (b) to you at either the e-mail or postal address you provide during any ordering process. Notice will be deemed received when an email is received in full (or else on the next business day if it is received on a weekend or public holiday in the place of receipt) or 3 days after the date of posting.
All comments, queries and requests relating to our use of your information are welcomed and should be addressed to:
Customer Services Manager
Thruxton Racing Circuit
Telephone: +44(0)1264 772811
Fax: +44(0)1264 773102
These terms and conditions replace all other terms and conditions previously applicable to the use of our web site and/or sale of the Products.