Website Sales Terms and Conditions

 These Terms and Conditions are the standard terms and conditions that apply to the sale of all Goods via our Website by us, JR Race Exhausts, a trading name of JR Fabrications of Unit 6, Newlands Farm Industrial Units, Sutton lane, Hatton Fields, Derby, DE65 5GQ (“the Company/we/us/our”).

1. Definitions and Interpretation 
   1. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Consumer” is as defined in the Consumer Rights Act 2015;

“Contract” means the contract for the purchase and sale of the Goods, as explained in clause 2;

“Customer” means you, the individual placing an Order with us; 

“Goods” means the Goods which are to be supplied by us to you as specified in your Order (and confirmed in our Order Confirmation);

“Order” means your order for the Goods;

“Order Confirmation” means our acceptance and confirmation of your Order as described in clause 2; and

“Website” means https://www.jrraceexhausts.co.uk/. Each reference in these Terms and Conditions to “writing” and “written” includes electronic communications such as e-mail.

1. The Contract
   1. These Terms and Conditions govern the sale of all Goods by us and form the basis of the Contract between you and us. 
   2. If you wish to place an Order with us you may do so via the Website or you may call, email or otherwise contact us. 
   3. Where you use the Website, it will guide you through the ordering process.  Before submitting your Order to us, you will be given the opportunity to review and amend it.  Please ensure that you have checked your Order and that you have read these Terms and Conditions carefully before submitting it.  If you are unsure about any part of these Terms and Conditions, please ask us for clarification.
   4. No part of our Website constitutes a contractual offer capable of acceptance.  Your Order constitutes a contractual offer that we may, at our sole discretion, accept.  Our acceptance is indicated by us sending you an Order Confirmation by email.  Only once we have sent you an Order Confirmation will there be a legally binding Contract between you and us.  
   5. Order Confirmations will be provided in writing and will contain confirmation of the Goods ordered with fully itemised pricing including, where appropriate, taxes, delivery and other charges, and the estimated delivery date for the Goods. 
   6. If, for any reason, we do not accept or cannot fulfil your Order, no payment will be taken under normal circumstances.  If we have taken payment, any such sums will be refunded to you as soon as possible (and in any event, within 14 days). 
   7. Once your Order has been accepted as detailed in clause 2.4, we cannot accept any changes to it.
2. Description and Specification of Goods
   1. We have made every reasonable effort to ensure that the Goods conform to the photographs and descriptions provided on our Website.   However, please note that certain colours may look different when displayed on your computer, phone or tablet.
   2. We reserve the right to make any changes in the specification of the Goods that may be required to conform to any applicable safety or other legal or regulatory requirements, without notice. 
   3. We do not represent or warrant that particular Goods will be available.  If the Goods are not available, the provisions of clause 2.6 will apply.
3. Price and Payment
   1. The price of the Goods will be that shown on our Website at the time of your Order or as otherwise specified to you.  We reserve the right to amend our prices at any time but these changes will not affect any Orders that we have already accepted.
   2. We have made every reasonable effort to ensure that the prices on our Website are correct.  If we find, or are made aware of, any typographical, clerical or other accidental errors or omissions on our Website, we will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible.  
   3. If there is an obvious pricing error on our Website, we will be under no obligation to provide the Goods to you at the incorrect (lower) price, even after we have sent you an Order Confirmation if the price error is unmistakable and could have reasonably been recognised by you as a mispricing.  Prices will be checked when we process your Order.
   4. All prices include VAT, where applicable.  If the rate of VAT changes between the date of your Order and the date of your payment, we will adjust the rate of VAT that you must pay.  Changes in VAT will not affect any prices where we have already received payment in full from you.
   5. Delivery charges are not included in the price of the Goods.  Delivery options and any related charges will be presented to you as part of the Order process.  Payment for the Goods and any related delivery charges must always be made at the time of Order and you will be prompted to pay during the Order process, unless otherwise agreed by us. 
   6. All payments made via the Website will go through a payment gateway provider, such as Stripe or PayPal.  No credit or debit card information is provided to us and completion of the transaction will be subject to you agreeing to the payment gateway provider’s terms and conditions. A separate contractual relationship will be created between you and this third party and we cannot be held liable for any errors, actions, omissions or incorrect charges that may be made by them.
4. Delivery
   1. We will provide an estimated delivery date for the Goods.  However, it is possible for delays to be incurred and we cannot be held liable for any costs incurred as a result.   
   2. In the unlikely event that the Goods have not been delivered within 30 days of any agreed date, you will have the option to cancel the order by giving us written notice, except where reasonable delays have incurred by your request for amendments to the order.    
   3. All deliveries will be delivered to the address stated on the order and this will typically be kerbside delivery. 
   4. Unless otherwise agreed by us, the Goods will be delivered by courier, and you will be responsible for unloading them from the delivery vehicle and bringing them into the Property.  We can only deliver to mainland UK addresses.  If no one is available at the Property at the time of delivery, the driver will retain the Goods, and we will await further instructions.  The redelivery will be chargeable, and this must be paid before the redelivery can take place.    If the Goods are to be left without you being present, then full payment must be received prior to delivery, and we cannot accept responsibility for incorrect delivery or loss of Goods where you (or someone suitable that is nominated by you) are not present to accept the Goods. 
   5. Delivery will be deemed to have taken place when the Goods have been delivered to the agreed delivery address and you (or someone identified by you) have taken physical possession of the Goods.
   6. We cannot be held responsible if the items are lost, stolen or become damaged after the delivery has taken place.  Please notify us at the time of ordering if there are any access restrictions both within and outside the Property.  Please also notify us within 24 hours of delivery if there are any defects, damage, missing or incorrect items so we can investigate with the courier.  
   7. We require a minimum of 48 hours’ notice if the agreed delivery date is to be changed.  If we receive less than 48 hours’ notice, we reserve the right to charge for any costs we incur as a result.  
   8. We reserve the right to charge you for storage if you fail to take delivery of the Goods or any part of them on the agreed date. Where we have stored the Goods for a period of 6 months or more, we reserve the right to resell them.
   9.  You (the customer) will be responsible for paying your own shipping costs on all items returned. Any items returned for refund will be subject to a 15% handling charge.

1. Cancellation
   1. If you are a Consumer, you have a legal right to a 14-day “cooling off” period within which you can cancel the Contract for any reason. This period begins once the Contract between you and us is formed, as set out in clause 2, and ends 14 calendar days afterwards.  However, for any Goods custom made to order, you will have no legal right to cancel under this clause 6.1 and you will need to pay the full Contract value.  
   2. If you are not a Consumer, you will not be able to cancel the Contract once it is formed and you will remain liable to pay for the full Contract value.  
   3. We may cancel the Contract at any time and if we do, we will confirm this in writing.  If we cancel the Contract before providing the Goods, we will refund any payments you have made in advance.  
   4. Either we or you may cancel the Contract immediately if the other:
      1. has committed a material breach of this Contract, unless the breach is capable of remedy, in which case this right to terminate will be exercisable if the other party has failed to remedy the breach within 14 days after a written notice to do so; or
      2. goes into bankruptcy or liquidation either voluntary or compulsory (save for the purposes of bona fide corporate reconstruction or amalgamation) or if a receiver is appointed in respect of the whole or any part of its assets.
   5. Cancellation of the Contract for any reason will not affect the rights and liabilities of the parties already accrued at that time and any clauses that are stated to continue in force after termination will not be affected.
2. Our Liability
   1. We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms and Conditions or as a result of our negligence.  Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the Contract is created.  We will not be responsible for any loss or damage that is not foreseeable.  
   2. We will not be responsible to you for any indirect or consequential losses including, but not limited to, any loss of profit, loss of business, interruption to business or loss of any business opportunity.  In the event of a breach by us of our express obligations under these Terms and Conditions, your remedies will be limited to damages, which in any event, will not exceed the fees paid by you under the Contract.
   3. Nothing in these Terms and Conditions seeks to exclude or limit our liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
   4. Nothing in these Terms and Conditions seeks to exclude or limit your legal rights as a Consumer, where applicable.  For more details on your legal rights, please refer to your local Citizens’ Advice Bureau or Trading Standards Office.
3. Events Outside of Our Control (Force Majeure):  We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control.  Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, subsidence, acts of terrorism or war, governmental action, other natural disaster, or any other event that is beyond our control.
4. How We Use Your Personal Information:  All personal information that we may collect will be collected, used and held in accordance with the provisions of the Data Protection Act 2018, the UK GDPR and any subsequent amendments to them.
5. Other Important Terms
   1. We may transfer (assign) our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (if, for example, we sell our business).  If this occurs you will be informed by us in writing.  Your rights under these Terms and Conditions will not be affected and our obligations under these Terms will be transferred to the third party who will remain bound by them.
   2. You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract) without our express written permission.
   3. The Contract is between you and us.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.  
   4. If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) will be deemed severed from the remainder of these Terms and Conditions and the remainder will be valid and enforceable.
   5. No failure or delay by us in exercising any of our rights under these Terms and Conditions means that we have waived that right, and no waiver by us of a breach of any provision of these Terms and Conditions means that we will waive any subsequent breach of the same or any other provision.

10. Governing Law and Jurisdiction:  

These Terms and Conditions and the Contract between you and us will be governed by, and construed in accordance with, the laws of England and Wales and any dispute will fall within the jurisdiction of the courts of England and Wales