Terms & Conditions
These terms and conditions apply to the use of this website at www.rhinoroofracks.co.uk By
accessing this website you agree to be bound by these terms and conditions.
USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF
WHETHER OR NOT YOU CHOOSE TO REGISTER AND/OR ORDER WITH US. IF YOU DO NOT
ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE.
Our contact details are as follows:
Trading address:
VR Systems Ltd
Unit 10E Palatine Ind. Est.
Warrington
Cheshire
WA4 6QQ
E: salesweb@rhinoroofracks.co.uk
T: +44 (0) 01244 457411
Purchasing from us
We can only ship to limited countries (please check countries on
checkout of web site). By submitting your order you are allowing us to use your
personal details for the purposes of supplying goods (including passing your
details onto couriers and other subcontractors). We will not use your details
for other purposes without asking your consent and you may ask that your details
are removed from our system by writing to the address above.
1. Contract
1.1 All orders placed
by you are on the basis of these Terms and Conditions and are subject to
acceptance by us by delivery of the goods to you at which point a legally
binding contract is constituted between us. The processing of your payment and
acknowledgment of your order does not constitute legal acceptance of your
order.
2. Price & Payment
2.1 The price payable
for the goods you order is as set out on our web site at the time you place
your order plus any charges for delivery and insurance as set out in the order
form or by subsequent email from us.
2.2 Occasionally an
error may occur with our web site and goods may be incorrectly priced in which
circumstances we will not be obliged to supply the goods at the incorrect
price.
2.3 Subject to clause
2.5, we must receive payment for the whole of the price of the goods you order,
and any applicable charges for delivery, before your order can be processed
unless we have agreed otherwise in advance in writing.
2.4 If you are a trade
credit account customer, payment shall be made in full at the end of the month
following the date of invoice. Time shall be of the essence for payment. We may withdraw credit if you fail to make
payment when due. If payment is not made when due, interest is payable at the
annual rate of 3 per cent over HSBC's then current base rate on the amount
outstanding from the due date for payment until receipt by us of the full
amount (including any accrued interest) whether before or after judgement,
together with any reasonable legal or other recovery costs. You are responsible
for all orders placed by your authorised employees and we are not bound by any
individual order limit you may impose on your authorised employees. You must
inform us in writing as soon as a relevant employee is no longer authorised by
you to place and receive orders.
2.5 Once you have gone
through our checkout, you will be diverted to our protected secure online
payment system with our credit card processor, Secure Trading. Your credit card
information will be held in protected SSL secure servers, at Secure Trading, we
will not have access to your full credit card details, and we will not release
information regarding your credit card. Your credit card details will only be
used for transaction authorised by you.
We currently only accept VISA, MasterCard and VISA
Delta.
2.6 The purchaser is
liable for any additional local state, country taxes, import duties or
copyright levies, should these a
2.7 Whilst orders to the UK's 'Highlands
& Islands' will be processed as part of the UK 'mainland' they
are subject to additional delivery charges which will be notified to you
subsequent to your order and payment being processed. 'Highlands
& Islands' are defined as, but not limited to, the Channel Islands,
the Isle of Man, the Isle of Wight, Northern Ireland and the Scottish
Highlands.
3. Delivery & Title
3.1 We will deliver the
goods in accordance with your order usually within the stated delivery time but
certainly within 30 days. In the unlikely event that we do not make the goods
available to you within 30 days of accepting your order you will have the
option of cancelling your order by notifying us accordingly prior to delivery.
A valid signature will be required on collection or delivery. In the unlikely
event that you have not received all the goods within the stated delivery time,
you must notify us immediately. You must not schedule or commence any
installation or fitting until after you have received your order and checked
all the goods for any defects or missing parts. Van Roof Racks are delivered
direct from the manufacturer. Other products ordered at the same time
will be delivered separately to any Van Roof Racks.
3.2 For reasons of
health and safety and to avoid any property damage, most Roof Racks and Pipe Tubes can
only be delivered to the exterior of a ground floor location at the delivery
address. You must therefore make your own arrangements at your own risk if the
relevant item needs to be transported from the delivery location. We will not
provide any unpacking, installation or fitting services upon delivery.
3.3 You must do all
that you reasonably can to enable delivery to take place at the given time and
place. If you delay delivery, or delivery fails because you have not taken
appropriate steps, we will try to arrange for an alternative delivery date
within 30 days of the failed delivery. If delivery fails as a result of
circumstances within your reasonable control, the cost of any re-delivery shall
be borne by you. If we are unable to arrange a date for re-delivery we may
cancel your order and refund to you the price that you have paid for the goods,
less the failed delivery costs.
3.4 Without prejudice
to Clause 3.3, upon delivery of the goods to you, the goods shall be at your
risk. In spite of delivery having been made, title in the goods shall not pass
to you until you have paid the price for the goods in full and no other sums
whatsoever shall be due to us from you. Until title in the goods passes from
us, you shall hold the goods on a fiduciary basis as bailee and shall store the
goods at your own cost separately from all other goods in your possession and
marked in such a way that they are clearly identified as our property.
4. Availability
While we endeavour to hold sufficient stock to meet all orders, if we
have insufficient stock to supply or deliver the goods ordered and paid for by
you, we may refund you the price paid for such goods as soon as possible and in
any case within 30 days or, in the case of an account customer, we may, in our
absolute discretion, as soon as possible raise a credit to offset the amount
invoiced to you.
5. Cancellation & Returns
5.1 You may cancel your
order by giving us notice of cancellation within 7 days of the date of delivery
to you. Such notice may be given by phone, fax or email. If you are cancelling
because of any problem with the goods, please notify us of the problem at the
time of cancellation. Goods must be unused and in the original packaging for a
full refund less any restocking costs.
5.2 On cancellation for
whatever reason, you must return the goods to us at your cost. Where the goods
are being returned because they are faulty or incorrectly supplied by us, we
will meet the cost of return but we ask that you allow us to nominate the
carrier,.
6. Liability
PLEASE READ THIS CLAUSE
6.1 If you have
notified us of a problem with the goods within 14 days of delivery, we will
(subject to clause 4) either make good any shortage or non-delivery; replace or
repair any goods that are damaged or defective upon delivery; This does not affect an individual rights under The Consumer Protection (Distance Selling) Regulations 2000
6.2 We shall have no
liability to pay any money to you by way of compensation other than any refund
we make under these conditions. Our liability to you shall not in any event
include losses related to any business of yours, such as loss of profits or
business interruption, neither will we be responsible to you for any other loss
which is not a foreseeable consequence of us being in breach of these Terms and
Conditions or our legal duties.
6.3 This does not
affect your statutory rights if you are a consumer, nor is it intended to
exclude our liability to you for fraudulent misrepresentation or for death or
personal injury resulting from our negligence.
6.4 Goods are designed
and tested for use in the EU only and we cannot confirm that the goods comply
with any laws, regulations or other standards applicable outside the EU member
states. All goods are sold in accordance with the manufacturer's specifications
and are subject to any qualifications, representations or instructions
contained in the documentation associated with the goods.
6.5 If you are a trade
customer and subject to Clause 6.3, we will not be responsible to you or, in
the event that you are undertaking work for another person, to any other
person, for the use or installation of any goods by you. Accordingly, if you
are a trade customer, you hereby agree to hold us harmless, and indemnify us
against any liability associated with, any claim or allegation that we are
responsible for any failings in the installation or use of goods that we
supply.
7. Limited Companies - Guarantee
7.1 Those signing the
Trade Credit Account Application Form on behalf of limited companies do so as
guarantor and irrevocably undertake to guarantee the payment of all monies
owing to us by the relevant limited company if we believe that the limited
company cannot meet its obligations.
7.2 If the limited
company goes into receivership, liquidation or administration the guarantor
will pay to the receiver, liquidator or administrator, as the case may be, such
sum as will enable him to pay all monies owed to us by the limited company.
8. Business Customers
If you are a business or if the goods are used wholly or in part for business
purposes we shall not be liable to you for any business loss including loss of
profits (whether direct or indirect) business data, revenue, goodwill, or
incidental, or consequential loss that you may suffer as a result of the
purchase of goods from us. Any other liability shall be limited to the price
paid for the goods. We do not exclude our liability for fraud or for death or
personal injury. For our performance time is not of the essence.
9. Privacy
We are aware that you the consumer are concerned as to what happens with
personal information provided by you. We respect your privacy and treat all
information as private and confidential, we will only use information supplied
by you for the purpose of internal accounts purpose, delivery of goods, and for
us to keep in contact with you from time to time regarding your order progress.
We may also use this information for improving our quality of service and
inform you of promotional deals we are offering from time to time.
We do not and will not sell or
release information provided by you to any other third parties, except when in
connection with your orders, or in exceptional cases of debt recovery. Unless
required by law.
10. Cookies
The use of cookies enables us to keep track of your shopping patterns thus
enabling us to identify you. Should you wish you can disable cookies through
the browser settings.
11. Termination
We may suspend further supply or delivery, stop any goods in transit or
terminate our contract by notice in writing to you if you are in breach of an
obligation hereunder or you become unable to pay your debts when they fall due
or proceedings are commenced by or against you alleging bankruptcy or
insolvency. Upon termination, your indebtedness to us becomes immediately due
and payable and we shall be under no further obligation to supply goods to you.
12. Force Majeure
We shall have no liability to you for any failure or delay in supply or
delivery or for any damage or defect to goods supplied or delivered hereunder
that is caused by any event or circumstance beyond our reasonable control
(including, without limitation, strikes, lockouts and other industrial
disputes)
13. General
If any part of these conditions is invalid, illegal or unenforceable (including
any provision in which we exclude our liability to you) the validity, legality
or enforceability of any other part of these conditions will not be affected.
This contract shall be governed by and interpreted in accordance with English
law
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