Terms & Conditions

Welcome to our website. This website is owned by 52 Speedshop Ltd. Throughout the site, the terms "Supplier", “we”, “us” and “our” refer to 52 Speedshop Ltd.

The term ‘you’ & 'purchaser' refers to all users of this website, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell products and services to you.

You can contact us by clicking here. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

OUR TERMS

THESE TERMS

1.1 If you continue to browse and use this website and/or purchase something from us, you are agreeing to comply with and be bound by the terms and conditions below.

1.2 Please read these terms and conditions carefully before you continue to use our website and/or submit your order to us. If you disagree with any part of these terms and conditions, please do not use our website.

1.3 In these terms and conditions, the word “product(s)” is used interchangeably with “goods”.

1.4 In some areas, you will have different rights under these terms and conditions depending on whether you are a business or consumer. You are a consumer if:

You are an individual.

You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

1.5 If you are a business customer these terms and conditions constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and conditions and that you shall have no claim for innocent or negligent misrepresentation based on any statement in these terms and conditions.

OUR CONTRACT WITH YOU

2.1 Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

2.2 If we are unable to accept your order, we will inform you of this and we will not charge you for the goods. This might be because certain goods are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the goods or because we are unable to meet a delivery deadline you have specified. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

2.3 We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

2.4 We reserve the right, but are not obliged, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer.

OUR PRODUCTS

3.1 The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours and images accurately, we cannot guarantee that your device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly.

3.2 The packaging of the product may vary from that shown in images on our website.

3.3 If the product is bespoke to a particular application, you are responsible for for ensuring that application selected is correct.

3.4 All descriptions of products or product pricing are subject to change at any time without notice and we reserve the right to discontinue any product at any time.

3.5 All products sold on this website are to be fitted by a qualified mechanic.

3.6 You are responsible for ensuring that the goods are suitable for your intended use and for following any instructions or guidlines provided by the supplier.

3.7 The supplier shall not be liable for any damage or defect caused by normal wear and tear, misuse, alteration, or improper handling of goods.

OUR RIGHTS TO MAKE CHANGES

We may make minor changes to the products to reflect changes in relevant laws and regulatory requirements and to implement minor technical adjustments.

PROVIDING THE GOODS

5.1 The costs of delivery will be as displayed to you on our website. You can find more information about ordering and delivery by clicking here.

5.2 If our supply of goods is delayed by an event outside our control, we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay, and we have notified you about this risk, you may contact us to end the contract between you and us and receive a refund for any goods you have paid for but not received.

5.3 If no one is available at your address to take delivery, our courier (depending on your delivery preference) will leave you a note informing you of how to rearrange delivery. If you fail to rearrange delivery, we will be entitled to cancel or suspend such delivery and charge you for the costs we incur.

5.4 Goods will be your responsibility from the time we deliver the goods to the address you gave us.

5.5 You own the goods once we have received payment in full.

5.6 We require current, complete and accurate purchase information including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

USE OF THE WEBSITE

6.1 The content of the pages of this website is for your general information and use only. Any new features or tools which are added to the website shall also be subject to these terms and conditions. You can review the most current version of the terms and conditions at any time on this website. We reserve the right to update, change or replace any part of these terms and conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

6.2 This website uses cookies to monitor browsing preferences. If you do allow cookies to be used, your personal information may be stored by us for use by third parties, as set out in our cookie policy.

6.3 Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. We reserve the right, at any time and without prior notice, to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate.

6.4 Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

6.5 This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics.

6.6 Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

6.7 From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s) or the goods purchased via such website(s). We have no responsibility for the content of the linked website(s). Any complaints, claims, concerns or questions regarding goods purchased via such website(s) should be directed to the operator of the website(s).

WARRANTY & LIABILITY

7.1 To the extent permitted by law, the Supplier shall not be liable for any indirect, incidental, or consequential damages, including but not limited to loss of profits, loss of business, death, injury or loss of data, arising out of or in connection with the use of the goods.

7.2 The Supplier's liability in respect of any defect in the goods shall be limited to the replacement or repair of the defective goods or a refund of the purchase price, at the Supplier's discretion.

7.3 You are responsible for ensuring that the goods are suitable for your intended use and for ensuring that parts are fitted by a trained mechanic.

7.4 Any claim for defective goods or refund must be made within a reasonable time from the date of delivery. You may be required to provide proof of purchase and evidence of the defect.

7.5 The Supplier shall not be liable for any damage or defect caused by normal wear and tear, misuse, alteration, modification, or improper handling of the goods.

7.6 No liability is accepted by the Supplier where purchasers attempt to modify or install components supplied where it is known or ought reasonably to be known to the Purchaser that the part supplied is incorrectly supplied or otherwise not in accordance with the order.

7.7 It is your responsibility to ensure that the goods are accurately received and any discrepancies or damages are reported to the Supplier immediately.

If you have any questions or complaints about the product, you can contact us by clicking here.

YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A CONSUMER

8.1 If you are a consumer we are under a legal duty to supply products that are in conformity with the contract between you and us.

8.2 If your product is goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

(a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.

(b) Up to six months: if your goods cannot be repaired or replaced, then you are entitled to a full refund, in most cases.

(c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to a proportion of the amount you paid for the goods.

8.3 If you wish to exercise your legal rights to reject defective products you must either post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection once we have inspected the product(s) and confirmed that the product(s) is/are defective. To arrange collection, please contact us by clicking here. If you have arranged the return then send us a copy of your receipt and we shall process your refund as soon as we receive the goods.

8.4 If you want us to replace a defective product, you agree to return it for inspection and report (without us replacing such products prior to such inspection). You also accept that it is reasonable to inform us of any interruption, defect or failure prior to contacting third parties or incurring expense and, in addition, to allow us to remedy the defect, failure or interruption.

YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A BUSINESS

9.1 If you are a business customer we warrant that on delivery, any goods we deliver shall:

(a) conform in all material respects with their description;

(b) be free from material defects in design, material and workmanship; and

9.2 Subject to paragraph 9.1, if:

(a) you give us notice in writing within a reasonable time of discovery that a product does not comply with the warranty set out in paragraph 9.1;

(b) we are given a reasonable opportunity of examining such product; and

we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.

9.3 We will not be liable for a product’s failure to comply with the warranty in paragraph 9.1 if:

(a) you make any further use of such product after giving a notice in accordance with paragraph 9.2(a);

(b) the defect arises because you failed to follow our instructions as to the storage, installation, use or maintenance of the product or (if there are none) good trade practice;

(d) you alter or repair the product without our written consent; or

(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.

9.4 Except as provided in this paragraph 9, we shall have no liability to you in respect of a product’s failure to comply with the warranty set out in paragraph 9.1.

9.5 These terms shall apply to any repaired or replacement products supplied by us under paragraph

PAYMENT

10.1 The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order.

10.2 If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

10.3 It is always possible that despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER

11.1 If we fail to comply with these terms and conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our non-compliance with these terms and conditions, but we are not responsible for loss or damage that is not foreseeable.

11.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so.

11.3 If you are a consumer and you use the goods for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS

12.1 Nothing in these terms and conditions shall limit or exclude our liability for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation;

(d) any matter in respect of which it would be unlawful for us to exclude or restrict liability.

12.2 Except to the extent expressly stated in paragraph 9.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are excluded.

12.3 Subject to paragraph 12.1:

(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and

(b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to 100% of the total sums paid by you for products under such contract.

HOW WE MAY USE YOUR PERSONAL INFORMATION

We will only use your personal information as set out in our privacy policy.

CANCELLATION RIGHTS FOR CONSUMERS

14.1 If you are a consumer, for most goods bought online, you have a legal right to change your mind within 14 days (the “cancellation period”) and receive a refund. This cancellation period will expire after 14 days from the day you receive the goods.

14.2 To exercise the right to cancel, you must inform us by clicking here. You may use the cancellation form, but it is not obligatory.

15. RETURNS

15.1 If you are a consumer, except for goods that are made to your specification or personalised as set out above, unwanted goods for return must be notified to us, within the cancellation period, by clicking here.

15.2 We will pay the costs of return if, after inspecting the products, we confirm that the products are faulty or incorrect. In all other circumstances including where you are exercising the right to cancel, you must pay the costs of return. We may not be able to accept non-faulty goods that have been damaged during transit or fitting. Goods must be returned in a re-saleable condition in order to get a refund. Goods must also be in the original packaging.

15.3 Refunds (if applicable). Once your return is received and inspected, we will send you an email to notify you that we have received your returned product. We will also notify you of the approval or rejection of your refund. If you are a consumer and your refund is approved, we will make the reimbursement by the method you used for payment, not later than 14 working days after the day we receive back from you any goods supplied, or, if earlier, the day on which you provide us with evidence that you have returned the goods.

15.4 Late or missing refunds (if applicable). If you are still waiting to receive a refund, please check your bank account and then contact your credit card company if your account has not been credited. It may take some time before your refund is officially posted. If you are still waiting to receive your refund after following these steps, contact your bank. If you have done all this and you are still waiting to receive your refund, please contact us.

15.5 Sale products (if applicable). Only regular priced products may be refunded. Sale products which are neither defective nor incorrect cannot be refunded.

15.6 Exchanges (if applicable). We only replace products if they are defective or damaged. If you need to exchange it for the same product, please contact us.

15.7 Competition Gifts. If the product was marked as a gift when purchased and shipped directly to you, you will receive a gift credit for the value of your return. Once we receive the returned product, we will mail a gift certificate to you. If the product was not marked as a gift when purchased, or the gift giver had the order shipped to themselves to give to you later, we will send a refund to the gift giver and he will find out about your return.

15.8 Return Address. Goods will either be returned directly to us or directly to one of our suppliers. You must contact us first so that we can provide you with the correct return address.

Details to include with a return:

Your name:

Email address:

House address:

Your daytime telephone number:

Your order number:

The reason for the return:

Please email the details above to: james@52speedshop.co.uk and we will provide a a returns address.

15.9 How to Return Goods. If you are returning goods over £60, you should consider using a trackable shipping service or purchasing shipping insurance. We do not guarantee that we will receive your returned products.

15.10 Payment for Return Carriage. If you are a business customer and an incorrect or damaged part is being returned then we shall cover the return costs up to a maximum of £12 for heavy goods (up to 20kg) and £7.50 for lighter goods (up to 1kg). If you have arranged the return then send us a copy of the receipt and we shall process your refund as soon as we receive the goods.

In some cases where we need you to return the goods directly to one of our suppliers we may be charged a handling fee which we will pass on to you. Typical charges are 10- 15% of the retail value of the goods.

All warranty claims need to be returned carriage paid unless the manufacturer agrees to pay the carriage in the case of a successful claim. Most of the manufacturers/importers in our market do not credit anybody with warranty carriage costs, but if they do, we will pass it onto you.

15.12 Incorrect Parts. If a product has been incorrectly supplied, please contact us and we shall arrange for the correct product to be sent to you as quickly as possible or you can return the goods, at our cost. If you are a business customer, this is subject to the maximum return costs in paragraph in paragraph 15.11 above. If you have arranged the return then send us a copy of the receipt and we shall process your refund as soon as we receive the goods. If you require the correct product to be sent to you before we receive the incorrect product then we shall require payment for the replacement product which will be immediately refunded when we receive the incorrect product.

15.13 Damaged Goods. All goods which are damaged during transit must be reported to us on the day of receipt so that we can claim against the courier. This is a rule imposed by them on us. We shall immediately arrange for the goods to be replaced.

OTHER IMPORTANT TERMS

16.1 Each of the paragraphs of these terms and conditions operate separately. If a court or relevant authority finds any of these terms and conditions unlawful, the remaining terms and conditions will remain in full force and effect.

16.2 If we do not insist immediately that you do anything you are required to do under these terms and conditions, or if we delay in taking steps against you in respect of your breaking the contract between you and us, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

16.3 These terms and conditions are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts.

16.4 If you are a business, any dispute or claim arising out of or in connection with a contract between us or subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.

16.5 If you are a consumer and you are not happy with how we have handled any complaint, you may submit your disputes for online resolution to the European Commission Online Dispute Resolution platform.

Cancellation Form for Consumer Customers:

I hereby give notice that I cancel my contract of sale of the following goods from 52 Speedshop Ltd.

Ordered on:

Received on:

Name of consumer:

Address of consumer:

Order reference number:

Signature (only if this form is notified on paper):

Date:

Please email the details above to: james@52speedshop.co.uk