Terms & Conditions
Trials UK are completely dedicated to your total satisfaction. If you have any suggestions or comments, please email us using the link on the "contact us" page.
2. Product Details
3. Price of the Products
5. Order Acceptance and Payment
6. Our Right to Cancel
8. Right of Cancellation
9. Warranties and Refunds
10. Returns Procedure
11. Use of website
13. Notices, Enquiries and Complaints
14. Intellectual Property
1.1. In these terms and conditions ("the Terms") unless the context otherwise requires, the following words and phrases shall have the following meanings:
"Customer Material" means any information provided by the customer to Trials UK including, but without limitation, your details, delivery details, requirements or any information provided in the Enquiry or Order;
"Enquiry" means any enquiry made of Trials UK;
"Force Majeure Event" includes any delay or failure to perform our obligations as set out in these Terms where such delay or failure to perform arises from circumstances beyond our reasonable control, including (without limitation) any Act of God, communications failure, death, destruction, fire, flood, strikes, riots, accident, disruption to energy supplies, civil commotion, acts of terrorism or war;
"Order Confirmation" an order confirmation from Trials UK to you confirming receipt of your payment and the acceptance of your order;
"Price" means a price issued by Trials UK to you in response to an Order Confirmation and/or an Enquiry;
"Product" means products available for sale on the website;
"Trials UK", "us" or "we" means Trials UK: Address: Park Centre, Station Road, Horsforth, Leeds, West Yorkshire, United Kingdom. Tel: 0113 818242. (VAT Number: GB 930469226);
"website" means the website for the sale of the Products at www.trialsuk.co.uk;
"Writing" includes email, fax, or other comparable means of communication;
"you", "your" or "customer" means the person, firm or company placing an order for Products with Trials UK.
2. PRODUCT DETAILS
Products displayed on this website are not shown to actual size nor are their
images binding as to detail. Some Products may appear slightly larger or
smaller than actual size due to screen defaults and photography techniques.
Other Products may be represented at a larger than actual size in order to
clearly show details, or smaller than actual size in order to show the entire
item, and your attention is drawn to the Product details and content where
given. If the Product you receive is materially different from the Product
details specified, you shall be entitled to reject it without penalty.
2.2. All Products are subject to availability. In the unlikely event of a change in the specification of the goods ordered we will offer you a substitute item of the same or better quality for the same price, which you shall be entitled to reject by returning the item within 7 days from the date the Product has been delivered to you as long as it is in an un-used state and in original packaging.
3. PRICE OF THE PRODUCTS
3.1. Subject to
the provisions of clauses 3.4 and 3.5 the Price of the Products will be as
stated on our website at the time you submit your order.
3.2. Prices stated on the website include VAT for the item(s) the cost of delivery is stated at the checkout.
3.3. All Products must be paid for in full before being dispatched.
3.4. The price of the products stated on our website may vary due to factors outside Trials UK control, if there is a price increase and it is not acceptable to you then a refund will be given.
3.5. If, after you have placed an order with Trials UK we discover an error in the price of the Products offered we will contact you to resolve the situation.
3.6. Prices on Trials UK website are in Sterling and will be invoiced in sterling.
5. ORDER ACCEPTANCE AND PAYMENT
your order can be accepted, we must receive in cleared funds, or confirmation
of authorisation of payment (where a credit card is used) the purchase price
specified in full (without any deduction).
5.2. By placing an order using our online form, by telephone or fax you are entering into a legally binding contract between you and Trials UK.
5.3. You may pay for the Products in any currency from time to time but only after permission from Trials UK via email.
5.4. You must pay for the Products you order by using any method currently specified on the website, which may include without limitation;
5.4.1. A telegraphic transfer or a bank transfer to Trials UK account; or
5.4.2. Credit or debit card by communicating your card details to Trials UK (for the avoidance of doubt the credit/debit cards accepted by us are those listed on the website on the date your order is placed).
5.5. In the event that payment for an order is not received; or you are not fully entitled to use your nominated credit, debit or charge card; or such card has insufficient funds to cover the price of the Products then:
5.5.1. Trials UK may contact you allowing you to make payment in full within a specified time period by the same or another means; or
5.5.2. Trials UK may at its sole discretion cancel your order in which case Trials UK shall return any monies received from you within 30 days of receipt of such monies to your nominated account and Trials UK shall be entitled to deduct an administration fee to cover any expenses incurred by Trials UK in doing so;
5.5.3. You agree that in any event that Trials UK shall have no liability to you for any loss, damage, costs, expenses or other claims that you may incur.
5.6. You agree to indemnify Trials UK in full against all costs and outgoings incurred by us in obtaining payments from you in the event a failed payment occurs.
6. OUR RIGHT TO CANCEL
6.1. We reserve
the right to cancel your order if:
6.1.1. after receiving your order and before we send you your Order, we become aware of a pricing error in respect of the Product you have ordered, we reserve the right to withdraw the Product from sale and inform you accordingly; or
6.1.2. A Force Majeure Event occurs.
6.2. If we do cancel your order we will notify you by e-mail and will offer an alternative replacement Product or refund to you any amounts paid to us as soon as possible and in any event within 30 days of your order.
6.3. We shall not be liable to you for any loss, damage, costs expenses or claims that you may incur, for orders cancelled by us.
6.4. This clause 6 does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
7.1. We reserve
the right to charge for and fulfil partial orders where the Order Confirmation
consists of multiple items.
7.2. Delivery will be made to the address specified in the Order Confirmation.
7.3. We will take all reasonable steps to deliver your order to you within a reasonable time. We cannot be held liable for delays caused by circumstances beyond the reasonable control of Trials UK (such as Force Majeure events). Time will only be of the essence of the contract if you have agreed this in advance with us at the time of placing your order and received an Order Confirmation with a delivery date that is not guaranteed due to any difficulties experienced by the shippers used to deliver your order or the fact you are not available to accept the order on the specified day.
7.4. You will become the owner of the Products you have ordered when they have been delivered to you. Once the Products have been delivered to you they will be held at your own risk and we shall not be liable for their loss or destruction.
7.5. All deliveries must be signed for by you or an advised third party. Unsigned for items will be returned to the local depot or post office for collection in person.
7.6. Should a delivery be returned to us by the shipper due to them being unable to deliver to the buyer for whatever reason, then a redelivery charge will be made to send the items again.
8. RIGHT OF CANCELLATION
8.1. Except for the Products that are custom works, you will be entitled to cancel your order by written notice to us by following the procedure in clause 10. You do not need to give us any reason for cancelling your order nor will you have to pay any penalty. Products that are custom works cannot be cancelled or returned. This policy is in accordance with the Consumer Protection (Distance Selling) Regulations 2000.
9. WARRANTIES AND REFUNDS
9.1. Subject to
the following provisions of this clause 9.1, we state that the Products will be
of satisfactory quality. The warranty is given by the manufacturer of the item
subject to the following condition save that it is acknowledged that your
statutory rights are not affected.
9.1.1. Trials UK shall be under no liability to the customer for any loss, damage, costs, expenses or other claims in respect of: (a) any defect arising from wilful damage, negligence, failure to follow instructions for the use of the Products (whether oral or in writing); (b) using the product for anything other than it’s intended use, misuse or alteration of the Products without our approval; (c) arising from any Customer Material supplied by you which is incomplete, inaccurate, illegible, out of sequence or in the wrong form, or any other fault of the Customer.
9.2. Trials UK products should meet or exceed your expectations. However, in the event that you are dissatisfied with your order, the Products delivered to you are incomplete or you have received incorrect Products, we shall have no liability to you unless you notify Trials UK of the problem AS SOON AS IS REASONABLY POSSIBLE of the Products in question. For the purposes of efficiency we advise you to contact us on 0113 281 8242.
9.3. If you notify a problem to us under clause 9.2 or we have committed a breach of the warranty at clause 9.1 our only obligation will be (to be determined at your option and subject always to your statutory rights):
9.3.1. We may offer you an alternate Product within 60 days of notification provided that the original Product is returned to us in accordance with clause 10; or
9.3.2. We will arrange with you for the Products to be returned to us in accordance with clause 10, and we shall refund the price paid.
9.4. Any products subject to “wear and tear” through normal use, however caused and however soon they were caused following the date of purchase, are not covered by any warranties provided by the manufacturer or Trials UK. Only products with obvious manufacturing defects will be eligible for warranty claims.
10. RETURNS PROCEDURE
10.1. If you
exercise the right to cancel under clause 8.1 or a right to return the Product(s)
in accordance with clause 9.3, in order to make the returns procedure as
efficient as possible we advise you to follow the following procedure:
10.1.1. Please contact us on 01132818242 to obtain a returns authorisation number and form before sending the Product(s) back;
10.1.2. Complete the return form.
10.1.3. Secure the Product(s) and all of the original packing materials, including return form, packing slip, in a plainly wrapped cardboard box.
10.1.4. Clearly print your name and address on the outside of the package and mail the package to:
Park Centre, Station Road, Horsforth, Leeds,
United Kingdom, LS18 5NX
your protection, we advise you to insure the package for the full amount of the
invoice plus postal or shipping charges. For the avoidance of doubt Trials UK
shall not be responsible for items lost or damaged whilst in transit.
10.1.6. If an item is returned for replacement with a different size/colour, the customer is liable for both the cost of returning the item in original condition to Trials UK, and also the cost of redelivering the exchanged goods out to the customer. When returning the goods to be exchanged please send a note which includes your name, invoice number and contact details including address and phone number, so we can contact you on return to take payment for the new delivery.
10.1.6. Returns are simple, but are subject to certain rules.
(a) you shall be liable for the cost incurred in returning Products to us and we shall not be obliged to accept any Product returned if such costs have not been paid in full;
(b) each item must be returned in the same condition as it was sent, unworn, not fitted and undamaged. Damaged goods due to your negligence will not be accepted for refund.
10.2 Subject to the conditions in clause 10.1 Trials UK will refund the full cost of the item less the cost of the original delivery should the item be no longer required or the wrong size/colour/type was ordered. Trials UK will only offer a total refund in the instance that we have made an error with your order. Refunds will be made in the same form as the original purchase.
10.3 All requests will be processed after we have inspected and verified the condition of the Products. Returns take approximately five business days to process upon receipt of the item.
11. USE OF WEBSITE
11.1. You agree
to use the website only for lawful purposes and in a way that does not infringe
the rights of, restrict or inhibit anyone else’s use and enjoyment of the
website. Prohibited behaviour includes harassing or causing distress or
inconvenience to any person, transmitting obscene or offensive content or
disrupting the normal flow of dialogue within the website.
11.2. Where Trials UK provides any information in relation to the Products supplied to it by a third party, Trials UK does not give any warranty or guarantee as to its accuracy or otherwise and shall have no liability to the Customer for any losses arising as a result thereof.
11.3. Trials UK does not warrant that functions contained in the website content will be uninterrupted or error free, that defects will be corrected, or that Trials UK or the server that makes it available are free of viruses or bugs. We shall have no liability for any direct, indirect, special or consequential loss arising out of t
he use of or the inability to use this website including (without limitation) reliance on any information or content of the website or which results from mistakes, omissions, interruptions, deletions of files or emails, defects, viruses or delays in operation or transmission.
11.4. The information on the website may contain technical inaccuracies or typographical errors and may be changed or updated without notice. Trials UK may also make improvements and/or changes to the website at any time without notice.
11.6. Certain links in this website connect to other websites maintained by third parties over whom we have no control. We make no representations as to the accuracy or any other aspect of information contained in other websites.
in these Terms will limit our liability for death or personal injury resulting
from our negligence or that of our employees or agents. If you are a consumer
(within the meaning of the Unfair Contract Terms Act 1977) the content of these
Terms will not affect your statutory rights. If you are not a consumer then
subject as provided in clause 9.1, all other warranties, conditions or other
terms, whether implied by statute common law or otherwise, are excluded to the
fullest extent permitted by law.
12.2. Where Trials UK provides any information in relation to the Products supplied to it by a third party, Trials UK does not give any warranty, guarantee as to its accuracy or otherwise and shall have no liability to the Customer for any losses arising as a result thereof.
12.3. In the event that we are unable or fail to despatch the Products ordered within any time period specified, we will use reasonable endeavours to contact you in order to re-schedule the delivery time.
12.4. We will not be in breach of contract as a result of any Force Majeure Event.
12.5. In any event, the liability of Trials UK for any breach or the aggregate liability for any series of breaches under or in connection with these terms shall not exceed the value of the relevant order placed by you from time to time.
12.6. Trials UK shall have no liability for loss of profit or for any indirect, special or consequential loss of damage, costs, expenses or other claims for compensation whatsoever arising out of or in connection with the supply or non-supply of the Products (including any delay in supplying the Products) or their use or resale by you. Other than as set out in clause 9.2, the entire liability of Trials UK arising out of any order for Products from you will be limited to the total price of the Products ordered by you.
12.7. You must observe and comply with all applicable regulations and legislation, including all necessary customs, import or other permits to purchase Products from our website. The importation or exportation of our Products may be prohibited by certain national laws. We make no representation and accept no liability in respect of the import or export of the Products you purchase. The Customer is solely responsible for all import and local tax charges.
13. NOTICES, ENQUIRIES AND COMPLAINTS
notices, enquiries or complaints should be:
13.1.1. E-mailed to firstname.lastname@example.org.
13.1.2. Addressed to customer services on telephone number 0113 818242 or: 13.1.3. Sent by post to Trials UK, Park Centre, Station Road, Horsforth, Leeds, United Kingdom, LS18 5NX.
14. INTELLECTUAL PROPERTY
entire content of the website, including all copyright, trademarks and other
intellectual property rights it contains, including the use of the name
"Trials UK" is the sole property of Trials UK. You are permitted to
copy, transmit and to use such material only for the purpose of ordering
Products from the website, but you not are entitled to copy, reproduce,
transmit, display in public, create derivative works from or otherwise
commercially exploit such material.
14.2. All intellectual property rights in the Products (subject to the rights of any third party) belong to Trials UK.
14.3. You warrant that all Customer Material provided to us will not be defamatory or infringe the copyright or other rights of any third party, and you shall indemnify Trials UK against any loss, damages, costs, expenses or other claims arising out of any such infringement.
Please note: Many of the components and spare parts that we supply require fitting skills that take years of experience to acquire. Whilst every effort is made to supply the correct components the final onus on fitting is with the fitter. If you do not own the correct tools or have the necessary experience, then entrust the job to someone who is qualified. Parts damaged by incorrect fitting cannot be returned to us.
The information we collect via the website may include:
1. Any personal details you knowingly provide us with through forms and our email, such as name, address, telephone number etc.
2. In order to effectively process credit or debit card transactions it may be necessary for the bank or card processing agency to verify your personal details for authorisation outside the European Economic Area (EEA). Such information will not be transferred out of the EEA for any other purpose.
3. Your preferences and use of email updates, recorded by emails we send you (if you select to receive email updates on products and offers).
4. Your IP Address, this is a string of numbers unique to your computer that is recorded by our web server when you request any page or component on the website. This information is used to monitor your usage of the website.
Any personal information we collect from this website will be used in accordance with the Data Protection Act 1998 and other applicable and subsequent laws. The details we collect will be used:
1. To process your order, to provide after sales service (we may pass your details to another organisation to supply/deliver products or services you have purchased and/or to provide after-sales service);
2. In certain cases we may use your email address to send you information on our other products and services. In such a case you will be offered the option to opt in/out before completing your purchase.
You have the right to request a copy of any information that we currently hold about you. In order to receive such information please send your contact to the following address:
Park Centre, Station Road, Horsforth, Leeds,
United Kingdom LS18 5NX
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