TERMS & CONDITIONS AT DIRTBIKEXPRESS...
Welcome to the Dirtbikexpress website terms and conditions. These Terms & Conditions apply to the use of this website at www.dirtbikexpress.co.uk. By accessing this website and/or placing an order, you are agreeing to our Terms & Conditions. Using this website indicates that you accept these terms regardless of whether or not you choose to register with us or order from us. If you do not accept these terms, do not use this website.
The www.dirtbikexpress.co.uk website is operated by: Dirtbikexpress Ltd. We are VAT registered VAT No 862387595.
- Email: [email protected]
- Returns Address: Dirtbikexpress, Unit 1, Minehead Enterprise Centre, Mart Rd, Minehead, Somerset TA24 5AE
1.1 You will be able to access all areas of this Website without registering your details with us.
1.2 We may revise these Terms and Conditions at any time by updating this page. You should check this Website from time to time to review the current Terms and Conditions. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new Terms and Conditions after we have given notice, you should not continue to use this website.
2. Ordering from us...
2.1 You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered.
2.2 Our acceptance of an order takes place when we dispatch the order. We will send you a dispatch confirmation by email. When we dispatch the order the purchase contract will be made even if your payment has been processed immediately, unless we have notified you that we do not accept your order or you have cancelled your order.
2.3 We reserve the right to refuse or accept an order:
[a] where goods are not available;
[b] where we cannot obtain authorisation for your payment;
[c] if there has been a pricing or product description error; or
[d] if you are from an international country and have/will not checkout via PayPal.
[e] if you do not meet any eligibility criteria set out in our Terms and Conditions.
2.4 Sending Hazardous or Prohibited Goods; Due to health & safety regulations we are unable to send certain items outside of the UK, these items include; Aerosols, Oils & Lubricants and Bike Cleaner. If you have any questions regarding this please contact us.
2.5 Sending Heavy Items; Some of our products with excess weight such as Tyres and Bike Stands etc may be liable to an additional postal charge, or in some case are unable to be sent. This however normally only applies to orders outside of the UK.
3. Pre-ordering info...
3.1 What is a pre-order? - It's a way to reserve our hottest new products before their initial release.
3.2 When will my pre-order be shipped? - The pre-ordered item will be shipped on its release date. All other items will be processed for immediate shipment, depending on availability. So if you ordered other items along with the pre-ordered item, you will most likely get the other items first.
3.3 When will I be charged for my pre-order? - We will take your payment at the time you place your order - just as a regular transaction. You will then be notified when your order is dispatched.
3.4 What do you mean by "expected" release date? - We can't always predict the exact date a pre-ordered item will become available. We will ship your pre-order as soon as possible, but we can't guarantee a specific date. If the date changes or for unforeseen circumstances the product becomes unavailable, we will alert you by email.
3.5 Can I cancel a pre-order? - You can cancel a pre-order at any time prior to when your order is dispatched.
3.6 Pre-Order item prices are subject to change although we try our very best to forecast the most accurate prices of these items and wil contact you if the the rare instance there is a change.
4.1 Our prices include VAT (where/when applicable) - Our VAT Number is 862387595.
4.2 Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this website.
4.3 Our prices are reviewed monthly.
4.4 All orders placed on our site are in Pound Sterling (£GBP).
5. Stock & Availability...
5.1 At the time of placing your order with us our stock status may be subject to change due to the syncing of our various warehouse databases. We do try to ensure that we have the most up to date and accurate stock system possible but there may be slight differences in the system which is unavoidable (due to out of hour/bulk orders which may consume higher levels of stock etc.).
6. Cancellation and Returns Policy...
We at Dirtbikexpress accept returns on the basis that the item/s are un-used, and in the original re-saleable condition. All packaging and/or cellophane wrapping and tamper resistant seals must be intact. Due to health and hygiene reasons we are unable to accept returned underwear garments. Return of goods is the responsibility of the customer, for this reason we suggest an insured method of return such as MyHermes or Parcel2Go. Return postage costs cannot be covered by Dirtbikexpress unless we are notified of damaged or faulty goods upon receipt, however we will only cover your return postage costs up to the value of £10.00. If you choose to add specialist services which will add charges to your return cost (such as Special Delivery or Time Specified Delivery) this will be at your choice and covered by you (above the agreed £10 threshold). You must inform us of your intent to return your item/s by phone or email within 60 days of receiving your order. If you inform us within this "cooling off" period you will receive a full refund. If you inform us after this period the refund will be subject to a 20% handling fee which will be deducted off of the refund total.
Please note: Returns are not accepted on special order (bike specific) products which also includes tyres. When returning an item/s, please complete the Returns Form enclosed with your delivery, or enclose a covering letter detailing your name, contact phone number, invoice number and reason for return.
7.1 You are permitted to print and download extracts from this Website for your own use on the following basis:
[a] no documents or related graphics on this Website are modified in any way;
[b] no graphics on this Website are used separately from accompanying text; and
[c] any of our copyright and trade mark notices and this permission notice appear in all copies.
7.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these Terms and Conditions, any use of extracts from this Website other than in accordance with clause 7.1 above for any purpose is prohibited. If you breach any of the terms in these Terms and Conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
7.3 Subject to clause 7.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission to do so.
7.4 Any rights not expressly granted in these terms are reserved.
8. Service access...
8.1 While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.
8.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
9. Visitor Material and Conduct...
9.2 You are prohibited from posting or transmitting to or from this Website any material:
[a] that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
[b] for which you have not obtained all necessary licences and/or approvals;
[c] which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
[d] which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
9.3 You may not misuse the Website (including, without limitation, by hacking).
9.4 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 9.2 or 9.3.
10. Links to and from other websites...
10.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
10.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
[a] you do not remove, distort or otherwise alter the size or appearance of the Dirtbikexpress logo;
[b] you do not create a frame or any other browser or border environment around this Website;
[c] you do not in any way imply that we are endorsing any products or services other than our own;
[d] you do not misrepresent your relationship with us nor present any other false information about us;
[e] you do not otherwise use any Dirtbikexpress trade marks displayed on this Website without our express written permission;
[f] you do not link from a website that is not owned by you; and
[g] our website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations. We expressly reserve the right to revoke the right granted in this clause 10.2 for breach of these terms and to take any action we deem appropriate.
10.3 You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 10.2.
11.1 Whilst we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice.
12.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
12.2 Nothing in these Terms and Conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
12.3 Product descriptions are as supplied by the manufacturers; Dirtbikexpress UK LTD takes no responsibility for their accuracy or content.
12.4 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
12.5 You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the Terms and Conditions by you, or your use of this Website, or the use by any other person using your registration details.
13. Governing Law and Jurisdiction...
13.1 These Terms and Conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the English courts.
13.2 We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
14.1 You may not assign, sub-licence or otherwise transfer any of your rights under these Terms and Conditions.
14.2 If any provision of these Terms and Conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
14.3 Only the parties to these Terms and Conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.