Chester Motorrad - Website Terms & Conditions

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chester-motorrad.co.uk Terms & Conditions

The following Terms and Conditions apply to all transacts with Chester Motorrad’s website and govern your use of the chester-motorrad.co.uk website and your relationship with chester-motorrad.co.uk and Chester Motorrad, we or us. Please read them carefully and print a copy for future reference, as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions, please do not register for or use the chester-motorrad.co.uk website. Please note that to use any of the services provided on the chester-motorrad.co.uk website, you are required to register as an authorised user on the website.

General

This site is owned and operated by Chester Motorrad, trading name of Brookbrough Trading Company Ltd, Stanney Mill Lane, Little Stanney, Chester, CH2 4HY. Company Registration No. 5082827, VAT No. GB835066429.

If you have any queries about these terms and conditions or if you have any comments or complaints on or about our website, you can contact us at admin@chester-motorrad.co.uk or write to us at the above address.

The contract between us

We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provided when you placed your order. Our confirmation by email of our acceptance of your order brings into existence a legally binding contract between us.

Use of the chester-motorrad.co.uk website

The chester-motorrad.co.uk website is provided to you for your personal use subject to these Terms & Conditions. By using the chester-motorrad.co.uk website you agree to be bound by these Terms & Conditions

These Terms & Conditions do not affect your statutory rights

Intellectual Property and Ownership of Rights

All rights, including copyright, in this website are owned by or licensed to Brookbrough Trading Company Ltd, trading as Chester Motorrad. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non commercial use, is prohibited without our permission. You may not modify, distribute or repost anything on this website for any purpose.

No licence is granted to you in these Terms and Conditions to use any trade mark of Brookbrough Trading Company Ltd trading as Chester Motorrad or its Principal including, without limitation, the trade marks of BMW Motorrad, Chester Motorrad, chester-motorrad.co.uk.

You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.

Accuracy of Content and Information on this website

We have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all goods have been fairly described. However, orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on this website. Any weights, dimensions and capacities given about the goods are approximate only.

All product specifications, images and other information published on our website have either been made accessible by suppliers, manufacturer's, publications, publicists, or been gathered from public-domain sources. Our intention is that all information on the website should be as accurate and up to date as possible. However, we cannot guarantee the reliability or the accuracy of the information contained within its pages. All the actions taken by the user of the website are the responsibility of the individual.

Description of Goods

The majority of the products, parts and accessories we sell are of a technical nature and it is not practical to publish detailed specifications of all the products. All images, descriptive matter, specifications and advertising on our site are for the sole purpose of giving an approximate description of the goods. Full detailed specifications may be available from the manufacturer's brochures or their website. All parts and accessories supplied are subject to upgrades, substitution, obsolescence or other changes at the manufacturer’s discretion. We will supply the product(s) as supplied to us by the manufacturer.

Availability of Goods

All orders are subject to acceptance and availability and maybe withdrawn at any time. If the Goods you have ordered are not immediately available from stock, we will contact you by e-mail or phone (if you have given us details) and advise you of an approximate availability date. You will have the option either to wait until the item is available from stock or to cancel your order. If we do not supply the goods for any reason we will not charge you for these and we will refund any money already paid for them. However, we will not be responsible for compensating you for any other losses you may suffer through our non supply or delay in supplying the goods.

Ordering Errors

You are able to correct errors on your order up to the point on which you click on “submit” during the ordering process.

Price

The prices payable for goods that you order are as set out in our website. All prices are inclusive of VAT at the current rates and are correct at the time of entering information.

Wherever it is not possible to accept your order to purchase goods of the specification and description at the price indicated, we will advise you by email, offer to sell you the goods of the specification and description at the price stated in the email and will state the period for which the offer or the price remains valid.

Pricing Errors

In the event an item is listed at an incorrect price due to a typographical error, error an in pricing information from our suppliers, taxes, duty changes or malicious activity by a third party, we shall have the right to refuse or cancel any orders listed at the incorrect price whether or not the order has been confirmed. If your charge card has already been charged and we subsequently cancel your order, we will immediately issue a credit to your charge card account in the value of the incorrect price (including delivery charges).

Payment Terms

We will charge your credit account for payment upon receipt of your order unless delivery cannot be fulfilled within 30 days. We accept no liability if a delivery is delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the goods from your account then we can cancel your order and or suspend any further deliveries to you. This does not affect any other rights we may have.

Payment Method

On the order you must provide us with the exact billing address and telephone number that your charge card bank has on file for you. Incorrect information will cause a delay in processing your order. Your order will only be processed once authorization of your charge card has been properly received. You may also pay by cheque or postal order although we cannot dispatch the goods until payment has been cleared, which can take up to 10 days.

Delivery Charges

All prices on our website are exclusive of delivery charges which will be added to the price of the products on the acceptance of your order.

Delivery charges vary according to the type of goods (weight in kilograms and or volume in cubic metres) ordered and the distances to be despatched from our base at Chester, UK. The actual delivery cost will be advised prior to our acceptance of your order and despatch of the goods.

AM/PM and Saturday deliveries are optional and will also incur additional charges. These can be obtained upon application. It might not be possible for us to deliver to some locations, should this situation arise, we will advise you prior to accepting your order.

Delivery Times

All orders places prior to 12 noon (Tuesday to Friday) will be dispatched within three working days, subject to stock availability and payment. If we or our suppliers are temporarily out of stock, we will notify you of this position and you should allow up to 30 days for dispatch of the goods. For delays by our suppliers of more than 14 days, you will have the right to cancel the order and we will refund any money paid by you for the goods, unless alternative dates have been mutually agreed and confirmed by both parties.

We will deliver the goods to the address you specify for delivery in your order. It is important that this address is accurate. Please be precise about where you would like the goods left if you are out when we deliver. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence). We will aim to deliver the goods by the date quoted for delivery but delivery times are not guaranteed. If delivery is delayed due to any cause beyond our reasonable control, the delivery date will be extended by a reasonable period and we will contact you to arrange an alternative time.

Risk and Ownership

Risk of damage to or loss of the goods passes to you at the time of delivery to you, or if you fail to take delivery at the agreed time, the time when we tried to deliver. You will only own the goods once they have been successfully delivered and when we have received cleared payment in full. Goods supplied are not for resale.

Acknowledgement and Acceptance of your Order

You will need to provide us with your e-mail address and we will notify you by e-mail to confirm receipt of your order. This receipt of order email from us is confirmation that we have received your order. It does not constitute a contractual acceptance of the order you have placed. Upon receipt of your order, we will check that your order remains available at the price(s) advertised on the chester-motorrad.co.uk website when you placed your order. If the price or availability has changed we will notify you by email or telephone of any changes. Please note that time taken to despatch the goods is subject to availability. If the details of your order are accepted, we will email you again to confirm these details. Our confirmation by email of our acceptance of your order brings into existence a legally binding contract between us.

Cancellation Rights

Under the Distance Selling Regulations you have the legal right to cancel your order within seven days of receipt of your goods (with the exception of any made to order items). You do not need to give us any reason for canceling your contract nor will you have to pay any penalty. However, you will need to notify us if you wish to cancel your contract.
You cannot cancel your contract if the goods you have ordered are newspapers or magazines or if you have taken any audio or video recording or computer software out of the sealed package in which it was delivered to you.
If you have received the goods before you cancel your contract then [unless, under clause 17.a, for which you do not have a right to cancel] you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we will be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
You will be re-credited for the costs incurred in returning faulty or unsatisfactory goods.

Cancellation by us

We reserve the right to cancel the contract between us if:
1. We have insufficient stock to deliver the goods you have ordered;
2. We do not deliver to your area; or
3. One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order.

Liability

If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we will have no liability to you unless you notify us in writing at our contact address of the problem within 60 days of the date on which you ordered the goods (unless this is not reasonably practicable).

If you notify a problem to us under this condition, our only obligation will be, at your option:

To make good any shortage or non-delivery;
To replace or repair any goods that are damaged or defective; or
To refund to you the amount paid by you for the goods in question in whatever way we choose.

Both parties shall only be liable under this contract for losses, which are a reasonably foreseeable consequence of the relevant breach of contract.
You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

Product Guarantees

All products supplied are covered by the terms and conditions of the Manufacturer's Guarantee. This guarantee specifically excludes faults caused by accident, neglect, and misuse. Mechanical spare parts and accessories must be fitted by an authorised dealer. In addition routine maintenance (cleaning etc.), consumables (batteries, etc.), and cosmetic damage is not covered. This does not affect your statutory rights.

Changes and Amendments to these Terms & Conditions

We reserve the right to change and or update these Terms and Conditions from time to time, any material changes will be notified to you via a suitable announcement on the chester-motorrad.co.uk website. The changes will apply to the use of the chester-motorrad.co.uk website after we have given notice. If you do not wish to accept the new Terms and Conditions you should not continue to use the chester-motorrad.co.uk website. If you continue to use the chester-motorrad.co.uk website after the date on which the change comes into effect, your use of the chester-motorrad.co.uk website confirms your agreement to be bound by the new Terms & Conditions. For updates, you should read though these Terms and Conditions from time to time.

Notices

Unless otherwise expressly stated in these Terms & Conditions, all notices from you to us must be by email or in writing and sent to our contact address at Chester Motorrad and all notices from us to you will be displayed on our website from to time.

Registration

To register with chester-motorrad.co.uk, you must be over eighteen years of age.

You must ensure that the details provided by you on registration or at any time are correct and complete.

You must inform us immediately of any changes to the information that you provided when registering by updating your personal details.

Password and Security

When you register to use the chester-motorrad.co.uk website you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us by contacting us immediately, either by telephone, email or in writing (please see below for contact details).

If chester-motorrad.co.uk has reason to believe that there is likely to be a breach of security or misuse of the chester-motorrad.co.uk website, we may require you to change your password or we may suspend your account in accordance with paragraph 13 below.

CHM Promotional Code Terms & Conditions

Using CHM Promotional Codes

CHM Promotional Codes can only be used online at chester-motorrad.co.uk subject to these CHM Promotional Code Terms & Conditions, and any other specific conditions notified to you on the issuance of a CHM Promotional Code.

A CHM Promotional Code is redeemable by entering its code at the appropriate point in the online purchase process. Redemption may be subject to you providing proof of entitlement to use the CHM Promotional Code.

Your use of a CHM Promotional Code indicates your agreement to be bound by these Promotional Code Terms & Conditions.

Chester Motorrad reserves the right to withdraw or cancel a CHM Promotional Code for any reason at any time.

Distribution of CHM Promotional Codes

CHM Promotional Codes are, and remain at all times, the property of Chester Motorrad.

The right to use a CHM Promotional Code is personal to the original recipient and may not be transferred. No CHM Promotional Code may be copied, reproduced, distributed, or published directly or indirectly in any form or by any means for use by an entity other than the original recipient, or stored in a data retrieval system, without the prior written permission of Chester Motorrad.

CHM Promotional Codes distributed or circulated without the written approval of Chester Motorrad, for example on an Internet message board or on a "bargains" website, are not valid for use and may be refused or cancelled.

Permitted usage of CHM Promotional Codes

Unless expressly stated otherwise at the time of issue of a CHM Promotional Code;

Each issued CHM Promotional Code will be valid for use by a recipient only once.

Only one CHM Promotional Code will be valid for use per customer or household, as the case may be, and a CHM Promotional Code may not be used in conjunction with any other special offer.

CHM Promotional Codes cannot be exchanged for cash or used to purchase Chester Motorrad gift-vouchers.

Minimum spend requirements

Where the redemption of a CHM Promotional Code is subject to a minimum spending requirement, the redemption is only permitted in respect of the purchase of qualifying products which will be communicated to you at the time of issue of the CHM Promotional Code. Excluded products and supplementary charges, such as delivery, gift wrap or postage & packing, shall not count towards a minimum spending requirement.

Calculation of discount

Where an online offer states that a percentage discount will be given on a purchase, the cost, prior to any Vat, of the qualifying purchases will be reduced by the stated discount percentage.

Where purchases are stated to be offered on a "VAT-free" basis, the prices of qualifying items will be reduced by the equivalent of VAT. At the current VAT rate of 15% this equates to a discount of 13.04%.

Supplementary charges such as delivery or postage & packing shall not be discounted unless specifically stated in the offer description.

Security and Fraud

When you use a CHM Promotional Code you warrant to Chester Motorrad that you are the duly authorised recipient of the CHM Promotional Code and that you are using it in good faith.

If you redeem, attempt to redeem or encourage the redemption of CHM Promotional Codes to obtain discounts to which you or a third party are not entitled you may be committing a civil or criminal offence.

If we reasonably believe that any CHM Promotional Code is being used unlawfully or illegally we may reject or cancel any CHM Promotional Code and you agree that you will have no claim against us in respect of any rejection or cancellation. Chester Motorrad reserves the right to take any further action it deems appropriate in such instances.

If we refuse a CHM Promotional Code submitted as part of an order, for any reason, we will inform you before the order is dispatched to advise of the correct cost of the order and give you the opportunity to cancel the order.

Limitation of liability

At all times our acceptance of an order takes place on despatch of the order, at which point the purchase contract will be made and you will be charged for your order.

All offers are subject to availability and while stocks last.

Chester Motorrad shall not be liable to any customer or household for any financial loss arising out of the refusal, cancellation or withdrawal of any CHM Promotional Code or any failure or inability of a customer or household to use a CHM Promotional Code for any reason.

Miscellaneous

We reserve the right to vary or terminate the operation of any CHM Promotional Code at any time without notice.

The failure of Chester Motorrad to take any action in respect of a breach of these terms and conditions shall not constitute a waiver of their enforceability. Chester Motorrad reserves its rights in respect of these terms and conditions at all times.

Refunds on Promotional Offers

Refunds for goods purchased under a promotional offer will be based on the terms of the promotional price. Your statutory rights are not affected.

Limitations

You may not use the chester-motorrad.co.uk website for any of the following purposes:

disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;

transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;

gaining unauthorised access to other computer systems;

interfering with any other person's use or enjoyment of the chester-motorrad.co.uk website;

breaching any laws concerning the use of public telecommunications networks;

interfering or disrupting networks or web sites connected to the chester-motorrad.co.uk website;

making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.

chester-motorrad.co.uk reserves the right to refuse to post material on the chester-motorrad.co.uk website or to remove material already posted on the chester-motorrad.co.uk website.

You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out or in connection with:

any claim by any third party that the use of the chester-motorrad.co.uk website by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;

any claim by any third party that the use of the chester-motorrad.co.uk website by you infringes that third party's copyright or other intellectual property rights of whatever nature; and

any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the chester-motorrad.co.uk website by you.

Availability of the chester-motorrad.co.uk Website

Although chester-motorrad.co.uk aims to offer you the best possible service, chester-motorrad.co.uk makes no promise that the services at the chester-motorrad.co.uk website will meet your requirements. chester-motorrad.co.uk cannot guarantee that the service will be fault free. If a fault occurs in the service you should report it to our Dealer Principle (see below for contact details) or by email at admin@chester-motorrad.co.uk and we will attempt to correct the fault as soon as we reasonably can.

Your access to the chester-motorrad.co.uk website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. chester-motorrad.co.uk will attempt to restore the service as soon as it is reasonably possible.

chester-motorrad.co.uk right to suspend or cancel your registration

chester-motorrad.co.uk may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.

You can cancel this agreement at any time by informing us in writing. If you do so, you must stop using the chester-motorrad.co.uk website.

The suspension or cancellation of your registration and your right to use the chester-motorrad.co.uk website shall not affect either party's rights or liabilities.

Paragraphs 4, 25 and 29 of these Terms and Conditions shall survive cancellation.

chester-motorrad.co.uk Liability

The chester-motorrad.co.uk website is provided by Chester Motorrad without any warranties or guarantees. We try to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use this website. You must bear the risks associated with the use of the Internet.

The chester-motorrad.co.uk website provides content from other Internet sites or resources and while chester-motorrad.co.uk tries to ensure that material included on the chester-motorrad.co.uk website is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. chester-motorrad.co.uk will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the chester-motorrad.co.uk website. If chester-motorrad.co.uk is informed of any inaccuracies in the material on its website we will attempt to correct the inaccuracies as soon as we possibly can.

In particular, we disclaim all liabilities in connection with the following:

incompatibility of the chester-motorrad.co.uk website with any of your equipment, software or telecommunications links,

any loss or damage, which may occur to your computer equipment as a result of using this website,

technical problems including errors or interruptions of the chester-motorrad.co.uk website,

unsuitability, unreliability or inaccuracy of the chester-motorrad.co.uk website,

inadequacy of the chester-motorrad.co.uk website to meet your requirements.

To the full extent allowed by applicable law, you agree that we will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the chester-motorrad.co.uk website.

Nothing in these Terms & Conditions is intended to, nor shall they confer any rights on a third party.

Nothing in these Terms and Conditions shall exclude chester-motorrad.co.uk liability for personal injury or death caused by its negligence.

Third Party Websites

As a convenience to chester-motorrad.co.uk customers, the chester-motorrad.co.uk website includes links to other websites or material which are beyond its control. chester-motorrad.co.uk is not responsible for content on the Internet or World Wide Web pages of other websites outside the chester-motorrad.co.uk website.

Advertising and Sponsorship

Part of the chester-motorrad.co.uk website may contain advertising and sponsorship. Advertisers and Sponsors are responsible for ensuring that material submitted for inclusion on the chester-motorrad.co.uk website complies with relevant laws and codes. We will not be responsible for any error or inaccuracy in advertising and sponsorship material.

Applicable Law, Jurisdiction and Language

This website and any content contained therein including these Terms & Conditions and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.

International Use

chester-motorrad.co.uk makes no promise that materials on the chester-motorrad.co.uk website are appropriate or available for use in locations outside the United Kingdom, and accessing the chester-motorrad.co.uk website from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.

Expiry Date on Payment Card

Please ensure that the expiry date of your payment card is after the anticipated despatch date of your order.

Invalidity

If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

If you breach these Terms and Conditions and chester-motorrad.co.uk ignores this, chester-motorrad.co.uk will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.

chester-motorrad.co.uk shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its control.

A person who is not a party to these Terms and Conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.

Financial Services Authority

Brookbrough Trading Company Ltd trading as Chester Motorrad is an Appointed Representative of ITC Compliance Limited, which is Authorised and Regulated by the Financial Services Authority.

Privacy

You acknowledge and agree to be bound by the terms of our privacy policy.