1. About the Terms & Conditions
1.1
These terms and conditions (“Terms & Conditions”) apply to all purchases made by you as a consumer from www.rutherfordracing.co.uk and related websites (the “Website”). You accept the Terms & Conditions when you make a purchase on the Website.
1.2
You can contact our customer service on info@rutherfordracing.co.uk.
2. Orders
We only sell to customers acting in their capacity as private individuals (consumers). In order to make a purchase, you need to have the right to enter a contract under the applicable law. This means that you need to be at least 16 years old to buy with direct payment or at least 18 years old to buy on credit.
3. Order and delivery confirmation
3.1
Once you have completed your purchase, you will receive an automatic acknowledgement email (“Thank you for your order”), confirming that we have received your order. This automatic acknowledgement does not imply that a binding contract has been concluded.
3.2
A binding contract is only concluded when the order is packed and we send a final order delivery confirmation to the email address you submitted when you placed the order.
3.3
Before you receive the final delivery confirmation, your order may be refused in part or in whole on grounds of stock discrepancies, in accordance with our Fair Practice Policy, if you have provided incorrect information to us at the checkout or if we suspect attempted fraud. In such cases, we will notify you as soon as we can.
4. Prices and information
4.1
When ordering, the prices listed on the Website at the time of the order apply.
4.2
We take great care to quote correct prices, but if we nevertheless happen to quote an incorrect price for a product or if the information about a product listed on the Website is incorrect, we will contact you as soon as possible with the correct price. Before a delivery confirmation has been sent, no binding contract has been concluded and we are free to correct our prices.
4.3
If the price or information for a product listed on the Website is incorrect and you realised or should have realised this, the price or information will not apply to the purchase even if you have received a delivery confirmation. In such cases, we will contact you as soon as possible.
4.4
Images on the Website showing the product are for illustration only and the actual product may differ slightly due to different production batches, different bike models etc. Also, we cannot guarantee that all images on the Website will reflect the exact appearance for example due to colour rendering by the computer/phone screen.
5. Payment
5.1
We offer different payment options, and you can choose which payment option you want to use. The possible payment options you can choose from are always shown in the checkout on the Website and when you place your order. Depending on which option you choose, if there are any additional costs, this will be displayed in the checkout.
5.2
When you make a purchase from us, you will enter into a separate payment agreement with our payment service provider.
6. Freight and delivery
Delivery options
6.1
We offer different delivery options depending on destination and products purchased. The delivery options we offer are always shown in the checkout on the Website. We offer home delivery depending on where you live.
6.2
In order to facilitate the delivery for you as a customer and to minimize the environmental impact, we always try to deliver your products in one single delivery.
6.3
If your order contains several products, and one or more of the products are not in stock with us or have a longer delivery time, we may send the products in several deliveries to you at no extra cost.
Freight cost
6.6
Depending on the products you purchase, the shipping option you choose and the total amount of your order, freight charges may apply. The freight cost is shown at checkout when you make your purchase, if there is not a relevant freight option contact us first as we may need to get it quoted individually.
Delivery time
6.9
The estimated expected delivery date is available in the Checkout on the Website and in your automatic acknowledgement and may differ depending on the products and delivery option you choose. We will always aim to deliver your order within the estimated delivery time, but we cannot guarantee this.
Not picked up parcels
6.10
You are responsible for receiving your delivery in accordance with the instructions given to you at the time of ordering.
6.11
Parcels at pick up points that are not collected within the time specified on the notice will be returned to us. If you have chosen home delivery and do not follow the instructions for receipt, for example, you are not at home to receive your delivery, or you refuse the parcel upon delivery, the parcel will be returned to us.
6.12
In these cases, we have the right to charge an administrative fee equal to our handling and shipping costs.
7. Order cancelation and returns
7.1
At our discretion you may cancel your purchase within 14 days from the day that you receive the product that you have purchased on the Website. We reserve the right not to cancel and refund orders on some products if we have already re-ordered the part with the supplier or if it is run out stock. The discretionary return only applies to unused products in new condition, in their original packaging and with all labels still attached. Contact us before purchasing if you are unsure if we will accept a return on the product.
7.2 In the case that we cancel or accept you return we will refund the product only and not the shipping or transaction fees.
Exception for some products
7.3
For some products, there is no ability to cancel or return. This applies to products that have been manufactured according to your instructions (print, or measurements for your motorcycle) or have otherwise been given a clear personal touch. This also applies to products that can quickly deteriorate or become obsolete. Products with broken seals that cannot be returned.
Depreciation of used products
7.4
When exercising your statutory right to cancel, you have the right to open the packaging and examine the product to the extent necessary to assess its nature, characteristics and functioning. You have the right to cancel your purchase for a full refund if you register your return or contact us within 14 days from the day you received the product and return the product in original condition.
7.5
If you handle the product to a greater extent than is necessary to determine its character, properties and function, we are entitled to make a depreciation. Such deduction is made by comparing the value of the product on return with the original value at the time of purchase. To obtain a full refund, we therefore recommend that you return the product in its original condition.
How to cancel your purchase
7.6
If you wish to cancel your purchase, you must register your return or notify us within 14 days of the day on which you, or a person acting on your behalf, receives or collects your order.
7.7
You can easily register your return by emailing info@rutherfordracing.co.uk
7.8
After you have notified us that you want to return your purchase, you need to send or return the product within 14 days from the day you, or a person on your behalf, receives or collects your order. We recommend that you return the product in the same packaging in which you received it as you will be responsible for any damage or loss during the return shipping if the damage or loss was caused by your negligence, for example in packaging the product.
Refund
7.12
Once you have returned your purchase, we will, through our payment service provider, make your refund within 14 days less any transaction costs that we don’t get back from the payment provider. However, we will not make the refund until we have received the product back. Please remember that you are responsible for any damage or loss during return shipping that is caused by your negligence.
7.13
In the case of a return of an entire order, the refund will not include any shipping cost (for shipping to you) that you paid at the time of purchase.
7.14
If you return part of an order, the freight will not be refunded.
7.15
The refund will be made with the same payment method as you chose at the time of purchase, unless we agree otherwise.
8. Warranty claims
8.1
If your product is defective, you have the right to claim this in accordance with the mandatory consumer protection legislation in force in the country where you reside.
8.2
If you wish to claim a product, please contact our customer service.
8.3
Once the claimed product has been evaluated and we have determined that the claim is valid, we will reimburse you in accordance with applicable law. This means that the fault will be rectified, or we will replace the faulty product with a new one. If neither of these options is possible, you will instead be entitled to claim a price reduction corresponding to the defect or to cancel the purchase in accordance with the applicable law.
8.4
Please note that we have the right to refuse a complaint if it turns out that the product is not defective according to applicable law.
8.6
If you have sent back a defective product without contacting us first, this will be handled as a standard return and will be subject to our standard returns’ procedure.
9. Offers
9.1
We may from time to time offer promotions, discount codes, gifts and other offers (collectively referred to as “Offers” below). Such offers are valid only for the period of time and subject to the terms and conditions set forth in connection with such offer. The promotion time period cannot be extended and in case of the stock being sold out during the promotion time period, we will not offer similar replacement products instead of the promotion products. Offers may not be combined with any other discounts or offers – unless expressly stated at the time of your purchase.
9.2
In many cases, you may be actively required to enter any code or otherwise activate the relevant offer yourself before completing your purchase in order to take advantage of the offer.
9.3
If you partly return ordered products, you may no longer qualify for the offer. This may result in you having to return or pay for any gift or no longer being able to receive a particular discount. If, due to a completed return, you no longer qualify for the gift in question and do not return the gift, we will deduct the value from the gift before making your refund. Alternatively, if you do not qualify for a particular discount, it will be deducted from your refund.
10. Fair Practice Policy
10.1
In order to shop with us, this is required:
- you do not attempt to defraud or otherwise act with intent to violate any applicable laws;
- you do not attempt to mislead us as to your identity or falsely represent yourself as a consumer in order to shop with us;
- you do not exert undue pressure or intimidate our staff when dealing with our customer service team;
- you have an intention to keep the products you order. This does not prevent you from subsequently changing your mind. You are always entitled to your statutory right to cancel and right to return under our Terms and Conditions of Purchase.
10.2
Behaviours that are considered to be in breach of this Fair Practice Policy include but are not limited to:
- fraudulent attempts in connection with returns, such as the replacement/falsification of labels and price tags and false claims of lost products,
- falsely claiming to be a consumer in order to shop with us but then, for example, marketing or reselling the products in the course of a business,
- buying products to photograph them in the course of a business and then falsely returning the products, citing a right to cancel or right to return that applies only to consumers,
- attempting to unduly influence or threaten our staff to obtain an extended right of return compared to our terms of sale or mandatory law; and
- highly abnormal purchase and return behaviour which shows that the customer had no previous intention of keeping the products ordered.
10.3
Our assessment of whether you are in breach of our Fair Practice Policy is based on a number of different factors such as systematic deviant behaviour, order composition, order frequency, return frequency, and attempted circumvention with false identity.
10.4
If your order is refused, you will be informed by an email sent to the email address you provided when placing your order. Once we have notified you that we have refused your order, the decision will apply to you regardless of your profile or email address. It is not permitted to attempt to circumvent this decision in any way, for example by trading under someone else’s name, as such misleading is in itself a breach of the Fair Practice Policy.
10.5
Our Fair Practice Policy does not prevent you from exercising your statutory right to cancel or right to return once you have made a binding purchase from us. However, our Fair Practice Policy may, in specific cases, prevent you from entering into a new contract with us.
12. About these Terms & Conditions
12.1
We may change these Terms & Conditions, but the Terms that you agreed to at the time of your purchase will always apply to that purchase. Any changes will be reflected in the latest published version of the Terms of Purchase on the Website. Changes will take effect from the time you have accepted the Terms & Conditions, i.e. when you make a new purchase on the Website.
12.2
It is important for us to respect your rights as a consumer. As we are a company based in Sweden, these Terms of Purchase shall be interpreted and applied in accordance with Swedish law. If any provision of these Terms of Purchase is held to be invalid or unenforceable by any court, authority or alternative dispute resolution body of competent jurisdiction, the remaining parts of that provision and all other provisions of these Terms & Conditions will remain valid and enforceable in full, subject to applicable law. You are always entitled to the mandatory consumer rights of the country in which you are ordinarily resident. Nothing in these Terms & Conditions shall be construed as limiting such rights.
13. Questions, complaints and disputes
13.1
You are welcome to contact us if you have any questions or complaints about your order. You can easily reach us using the contact details set out at the beginning of these Terms & Conditions. Notwithstanding the above, any disputes may also be settled before any competent court in the country where you as a customer are domiciled.