These terms and conditions (the “Conditions”) set out the basis on which you can visit and use our website and apply to all transactions on our website. Please read them carefully.
By using this site you agree to be bound by the terms and conditions set out below. If you do not wish to be bound by these terms and conditions you must not use or access our website. We may require you to confirm your explicit acceptance of these terms when you place any orders. If you fail to provide explicit acceptance you will not be able to place an order.
We may change our terms & conditions, the content of the website or withdraw goods from our website at any time. Any changes will take place on the date that they are posted onto the site. Your continued use of our website shall be deemed as acceptance of such changes.
This site is owned by Motion29 Limited of Unit C9 Block C, Newbridge Road Industrial Estate, Pontllanfraith, Blackwood, NP12 2XF (Company Registration Number 05681361) (the “Company”). The Company’s VAT registration number is 879 5797 30. If you have any comments or complaints about the Conditions or the website, please contact us.
2.1 The Company accepts orders from addresses within the UK and outside the UK.
2.2 The Purchaser is able to correct any input errors on the order up until it clicks submit order.
2.3 The Purchaser’s order is an offer to buy from the Company. On receipt of the Purchaser’s order the Company will send confirmation by email that it has received it. This confirmation does not constitute the Company’s acceptance of the Purchaser’s order. Acceptance of the Purchaser’s order and the point at which the Company is contractually obliged to fulfil the order will be the actual date of delivery.
2.4 Please note that at any time prior to delivery the Company may decline to supply goods to the Purchaser if unable to obtain such goods from its supplier. If the Company declines to supply goods to the Purchaser and the Purchaser has already paid for them, the Company will give the Purchaser a full refund of any amount already paid for those goods or offer the Purchaser alternative goods.
3. Price and Payment
3.1 The prices payable for the Company’s goods are clearly displayed on the site. All prices are in pounds sterling (£) and are exclusive of any excise duty and VAT unless otherwise stated.
3.2 The prices of goods do not include the cost of delivery, which will be charged at the delivery rates which are displayed on the site at the time the Purchaser submits its order.
3.3 Any minimum quantities of goods are clearly displayed on the site.
3.4 The Purchaser may pay by Mastercard, VISA, Delta or Switch. Authority for payment is given at the time of submission of order and payment will be taken in full at the time of the despatch of the goods. The Purchaser’s card details are encrypted to minimise the possibility of unauthorised access or disclosure.
4.1 The Company tries to ensure that all information on this site is accurate but:
(a) occasionally an error can occur. If the Company discovers an error in the price or description of any goods the Purchaser has ordered, the Company will notify the Purchaser and ask whether it wishes to continue with the order or cancel it; or
(b) the Company cannot guarantee that the goods’ images shown on the website matches the goods themselves, as the goods’ images are representative only. The Company will not be liable for inaccuracies of the photographs on the site.
4.2 Ownership in the goods reverts to the Company in the event that the Purchaser cancels the contract in accordance with these conditions. Risk in the goods passes to the Purchaser on delivery.
5.1 The Company will use its reasonable endeavours to deliver the goods in accordance with the delivery times set out on the site but these times are estimates only and the Company makes no guarantees in respect of delivery times. Time of delivery of the goods shall not be of the essence.
5.2 Delivery can only be made to one delivery address for each order raised. We will deliver to addresses within and outside the UK.
5.3 In respect of deliveries outside the UK the Purchaser must obtain all necessary export or import licences, exchange control consent and all other approvals of national and regional governments and authorities in relation to delivery and use of the goods.
5.4 The Purchaser shall inspect the goods immediately upon delivery and in the event of the goods not complying with the order the Purchaser shall inform the Company in writing within five days of delivery and if requested by the Company shall return any damaged or incorrect goods to the Company within one month of delivery.
5.5 Failure to make any such claim within such period shall constitute acceptance of goods and, subject to the warranty set out in condition 6, a waiver by the Purchaser of all claims relating to defects in or non-delivery of the goods or delivery of the wrong goods as the case may be.
6.1 The Company warrants that if the Purchaser within one month of delivery of the goods notifies the Company in writing of any defect of workmanship or materials in the goods and returns such goods to the Company properly and adequately packaged carriage or post paid, the Company shall at its option replace such goods or refund to the Purchaser the price of such goods as are shown in materials or workmanship to the Company’s satisfaction to be defective.
6.2 In the case of goods supplied but not manufactured by the Company, the Company shall use its reasonable endeavours to pass on to the Purchaser the benefit of any warranty given by the supplier to the Company but the Company shall have no other liability in respect thereof.
6.3 If the Company complies with its obligations set out in conditions 6.1 and 6.2, it shall have no further liability for a breach of any of the warranties in condition 6.1 in respect of such goods.
6.4 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.
7.1 Save as set out in Conditions 6.1 and 6.2 (and save in respect of death or personal injury resulting from the negligence of the Company, its servants or agents) the Company shall not be liable for any claims for any loss of profit, loss of savings, loss of revenue or indirect or consequential loss made by the Purchaser against the Company (whether in contract or tort including negligence on the part of the Company its servants or agents) arising out of or in connection with any defects in the goods or any act, omission, neglect or default of the Company, its servants or agents in the performance of the contract.
7.2 Without prejudice to the foregoing the Company shall in no circumstances be liable for any liabilities, losses, damages, costs or expenses which exceed the price of the goods.
7.3 The price at which the Company agrees to supply the goods is based on:
(a) the warranties given and accepted;
(b) the cost of manufacture of goods;
(c) the cost of insurance; and
(d) the exclusion and restrictions of liability imposed.
The Company is prepared to negotiate a difference price if the Purchaser requires any variation of such warranties or extension of the liability accepted by the Company.
7.4 The Purchaser shall indemnify the Company against all claims made against the Company by any third party in respect of or in connection with the goods or supply of the same.
8. Consumer Rights
8.1 The provisions of this clause 8 will only apply to a Purchaser contracting as a consumer.
8.2 The Purchaser may cancel a contract at any time within seven working days, beginning on the day after delivery of the goods. In this case, the Purchaser will receive a full refund of the price paid for the goods in accordance with clause 8.4.
8.3 To cancel a contract, the Purchaser must inform the Company in writing. The Purchaser must also return the goods to the Company immediately, in the same condition in which it received them, and at its own cost and risk. The Purchaser has a legal obligation to take reasonable care of the goods while they are in its possession. If the Purchaser fails to comply with this obligation, the Company may have a right of action against the Purchaser for compensation.
8.4 The Purchaser will not have any right to cancel a contract for any goods which are made to its specifications for example safety edges and safety mats.
8.5 The Company will process the refund due to the Purchaser as soon as possible and, in any case, within 30 days of the day it has given notice of its cancellation. In this case, the Company will refund the price of the goods in full, including the cost of sending the item to the Purchaser. However, the Purchaser will be responsible for the cost of returning the item to the Company.
9. Intellectual Property Rights
9.1 All intellectual property rights in all documents, drawings, plans, photographs, illustrations and other printed matter submitted to the Purchaser will remain with the Company. The Purchaser will not communicate any part of them to any third party without the Company’s written consent. The Company reserves the right to change drawings and/or specification without notice.
9.2 The Purchaser will indemnify the Company against all actions, proceedings, claims, costs, demands and expenses brought or made against the Company or incurred by it as a result of work done at the Purchaser’s request in accordance with designs or specifications furnished by the Purchaser and which involve or may involve the infringement of any intellectual property rights.
10. Events outside the Company’s control
The Company shall not be liable for any failure to perform any of its obligations under these conditions due to any circumstance beyond its reasonable control. In the event of any such circumstance, performance of the contract shall be suspended for so long as that circumstance continues provided that if the that circumstance continues for more than six months the Purchaser and the Company shall be entitled by notice in writing to the other to immediately terminate the contract or to cancel any outstanding part thereof.
All intellectual property rights including copyright, database rights and trade marks are owned by or licensed to the Company. The Purchaser may access, download or copy the contents of the site for its own private use, but not for any commercial or public use. The Purchaser may not create a link to this site without the Company’s prior written consent, nor may it restrict or inhibit the use or enjoyment of it by others.
Where hypertext links to other sites or contacts are provided, the Company does so for information purposes only and such links do not constitute an endorsement or recommendation by the Company of any products or services on such sites. The Purchaser uses such links entirely at its own risk and the Company accepts no responsibility for the content or use of such websites or for information contained on such sites (including any website through which the Purchaser may have gained access to the Company’s website). The Purchaser shall not link to this site nor frame it without the Company’s prior written permission.
13. Data Protection
If at any time any one or more of the provisions of these conditions become invalid, illegal or unenforceable in any respect under any law, the validity and unenforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby.
15. Third Parties
The parties to these conditions do not intend that any term of these conditions will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to them.
These conditions shall be governed in all respects and in accordance with the laws of England and Wales the Purchaser hereby submits to the exclusive jurisdiction of the English and Welsh Courts.
Reviewed 6th June 2018.