TERMS & CONDITIONS
These terms and conditions apply to the use of the RaceCraft R/C Website and purchases made via Facebook or trackside. By placing an order you agree to be bound by these terms and conditions as set out below. Please read them fully.
Our postal address is:
Unit 19 Brassmills Enterprise Park
In the first instance it is always easiest to email us or use the contact form on the website. You may also call us on 01225 307895 between 9.30am and 4pm Monday to Friday except bank holidays. Please be aware during busy times your call may be delayed being answered.
Our Email is :
These terms and conditions regulate the business relationship between you and us (RaceCraft R/C). By using Our Web Site in any way, or by buying from us, you agree to these terms and are bound by them. No person under the age of 18 years old may purchase goods or services from us.
The RETAIL terms and conditions
In this agreement::
"Carrier or courior" means any person or business contracted by us to carry Goods from us to you, whether all or part of the distance.
"Our Web Site" means the entire computing hardware and software installation that is or supports our Web Site.
"Goods and Services" means any of the goods and services we offer for sale on our web site or at trackside.
"Content" means information in any form published on our Web Site by us or any third party with our consent.
2 Our contract with you
2.1 These terms and conditions apply:
2.1.1 So far as the context allows, to you as a visitor to Our Web Site; and
2.1.2 in any event to you as a buyer or prospective buyer of our Goods
2.2 Although we try to always keep live stock levels, sometimes goods advertised may not be available in stock.
2.3 We shall accept your order by e-mail confirmation after receipt of payment for the goods.. Our message will also confirm details of your purchase and tell you when we shall dispatch your order. That is when our contract is made with you.
2.4 We may change and update these terms from time to time. The terms that apply to you are those posted here on Our Web Site at the time you order Goods and Services.
2.5 All descriptions, weights and sizes of products are those of the original manufacturers and are provided as a guide only so we advise you do not rely on their accuracy as specifications are subject to change without notice.. Accordingly, any such description shall not form part of this Agreement.
2.6 Stock information on the web site is updated automatically as orders are placed, so we cannot guarantee that it is accurate at the time of your order as someone else may be purchasing the same product at the same time. If products you have ordered are out of stock we will contact you by email to advise of alternatives or cancel your order. We do not keep back orders so you will need to reorder items that are out of stock. If items are out of stock you may:
2.6.1 Accept the alternatives we offer;
2.6.2 Cancel your order;
2.6.3 Leave the order valid, but tell us to omit the out-of-stock item.
2.7 Any charges made for out of stock items will be refunded within 24hrs for Paypal payments or 5 working days for card payments.
2.8 Goods are at your risk from the moment they are picked up by the post/carrier from our warehouse.
2.9 We do not store card numbers. All payments are via Paypal via secure payment gateways. We do not share your details with 3rd parties other than as is required for the delivery of your order.
3 Price and Payment
3.1 You only pay for items that are in stock and can be delivered.
3.2 For international orders using non GBP (Sterling) currencies. All other charges relating to payment in a currency other than pounds Sterling, such as Paypal currency conversion fees will be borne by you as the customer.
3.3 We are not responsible for additional customs, fee’s and import charges made by customs authorities in any country in relation to your purchased goods.. Even if charged in error. It is your responsibility as the buyer / customer to pay any such fees. We reserve the right to charge for any costs incurred by us in relation to items returned unclaimed from customs authorities and delivery services.
3.4 You will pay all sums due to us under these terms by the means specified without any set-off, deduction or counterclaim.
4 Information you give us
4.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We use this information to provide you with the Goods and Services, so we will not be held responsible for any errors in the information you provide.
4.2 We will use our reasonable endeavors to respond to any point of dissatisfaction by you, provided you contact us within 14 days of purchase.
5.1 Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept delivery. We advise you use the tracking information provided to you when your order is shipped to be aware of when delivery is expected.
5.2 In line with Paypal payment terms and policies.we can only ship your order to the registered address on the account.
6 Taxes, Duties and Import Restrictions
6.1 We have no knowledge of, and no responsibility for, the laws in your country of residence.
6.2 You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country of residence.
7 Goods Returned
Because you are buying the Goods by mail order, you may have a right of cancelation. If you do, (and only if you do), these are the terms which apply:
7.1 You must tell us you wish to cancel within 7 days of your receipt of the Goods;
7.2 In any event, you may not cancel orders for customised items. Goods, nor for handmade, specially commissioned or personalized goods;
7.3 The Goods must be returned to us within 21 days of your telling us you wish to cancel:
7.3.1 With both goods and all packaging in their original condition;
7.3.2 Securely wrapped;
7.3.3 Including our delivery slip;
7.3.4 at your risk and cost.
7.4 After we have received the Goods, we will credit your credit or debit card with the full purchase price of the goods returned (but not the shipping) no later than 30 days from the date of receipt;
7.5 If you do not return the Goods to us, you are still liable to us for the cost.
7.6 We are under no obligation to collect or recover Goods from you, but if we do, our costs will be payable by you.
8.1 We or our web servers may make improvements or changes to Our Web Site, the content, or to any of the goods and services, at any time and without advance notice.
8.2 Although we always aim to avoid them. You are advised that content may include technical inaccuracies or typographical errors. We are only human after all.
8.3 We give no warranty and make no representation, express or implied, as to:
8.3.1 The adequacy or appropriateness of the Goods and Services for your purpose.
8.3.2 The truth of any information given on Our Web Site;
8.3.3 Any implied warranty or condition as to merchantability or fitness of the Goods and Services for a particular purpose;
8.3.4 Compatibility of our web site with your equipment software or telecommunications connection.
8.3.5 Compliance with any law other than UK law;
8.3.6 Non-infringement of any right.
8.4 We accept no responsibility for the use, suitability and security of any links from our website to external sites. You accept that using such links is at your own risk.
8.5 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Web Site or the purchase of Goods.
8.6 In any claim against us our liability is limited to the value of the goods you have purchased in the contract which is the subject of the dispute.
9 Content and Intellectual Property Rights
9.1 Title, ownership rights, and intellectual property rights in the Content whether provided by us or by any other Content provider shall remain the sole property of us and / or the other Content provider. We will strongly protect its rights in all countries.
9.2 You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as is expressly permitted in this agreement.
9.3 You may NOT download or copy the content of our website for your own personal use or commercial use under any circumstances.. Unauthorised copying of any element of our site is liable to legal action and you will be held responsible for all our costs incurred in taking such action..
9.4 We reserve the right to cancel your order at any time should the products you order be out of stock,you live in an area we do not or cannot ship to, your order is suspicious, we believe your order has been placed using illegal methods or fraud. Delivering your order would be a hazard to the persons empowered to deliver it.
10 System Security
10.1 You agree that you will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of the website, it’s software or hardware.
10.2 You agree that you will in no way modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of Our Web Site, or any software used on Our Web Site, and that you will not permit any other person to do so.
10.3 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
10.4 Examples of violations are:
10.4.1 Accessing data unlawfully or without consent;
10.4.2 Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
10.4.3 attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing";
10.4.4 forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
10.4.5 Taking any action in order to obtain services to which you are not entitled.
10.5 You agree to indemnify us against any claim or demand, including lawyers' fees, made by any third party due to or arising out of:
10.5.1 Any violation of system security as set out above;
10.5.2 your use of Our Web Site;
10.5.3 any other breach or violation of this agreement by you;
10.5.4 the infringement by you, or by any other user of the services using your computer, of any intellectual property or other right of any person or entity, or as a result of any threatening, libelous, obscene, harassing or offensive material contained in any of your communications.
You agree to indemnify us against any claim or demand, including reasonable lawyers' fees, made by any third party due to or arising in any way out of your use of Our Web Site, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
12 Contractual Limitation
Where we provide goods or services without specific charge, then it (or they) is deemed to be provided free of charge, and not to be associated with any other service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of any such goods, services or warrentees.
13 Rights of Third Parties
Nothing in this agreement or on our web site shall confer on any third party any benefit under the provisions of the Contracts (Rights of Third Parties) Act 1999.
If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
15 No Waiver
No waiver by us, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
16 Dispute Resolution
In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
17 Force Majeure
We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes, acts of God, war or other circumstances out of our control.
18 Governing Law
This Agreement shall be governed by and construed in accordance with the law of the United Kingdom and specifically English law.. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
RaceCraft R/C is committed to protecting your privacy. We only use the information we collect about you to process orders and to provide a more personalised shopping experience.
When you order, we collect personal information such as your name, e-mail address, delivery address, telephone number, This allows us to process and fulfill your order(s) and to notify you about the status of your order(s). The only time your information is shared is with the authorised delivery company for the purpose of delivering your order(s) only.
At times we may use the information we collect to notify you about news and information or goods and services we think you may find of interest. If at any stage you decide you would rather not receive such information please contact us at firstname.lastname@example.org.