Terms & Conditions of Sale of Prowell Helmets by MTB Parts Ltd
1. Applicability of Terms & Conditions: These Terms and Conditions of Sale (“Conditions”) are the only terms and conditions between us and apply to all sales of MTB Parts Ltd (“Products”). These Conditions apply in place of and prevail over any terms or conditions contained or referred to in any communication from you or implied by custom or practice in relation to the Products. Other purported terms or conditions are expressly rejected.
2. Orders: By placing an order with us, by whatever means, you acknowledge or are deemed to acknowledge that you are fully aware of these Conditions and are offering to contract on the basis of these Conditions. All orders only bind us when we accept them and are accepted subject to availability of stocks. Our price list is not an offer and any current price list replaces all previous price lists. You may only require delivery to one place at one time. The minimum order quantity for each of the Products is specified in our price list. By submitting your order you are offering to buy the goods and allowing us to use your personal details for the purposes of supplying goods (including passing your details onto couriers). 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. We are not obliged to supply the goods to you until we have confirmed acceptance of your order and this is when the contract is made. You do not own the goods until we receive payment in full. For out of stock items, delivery dates given are only estimates.
3. Prices: Except where otherwise agreed with us in writing, Products will be invoiced at the price current on the agreed date for delivery as recorded on our computer system. Prices are quoted inclusive of VAT (where applicable) and only include carriage in the United Kingdom. Prices and discounts are subject to change without notice. You are deemed to accept these Conditions by your acceptance of our prices and any bonuses and discounts which may be available to you. We shall tell you if specified Products are to be restricted to regions within the UK for launch or test marketing purposes. In such cases it is a condition of your entitlement to any discounts that you do not sell such goods outside the specified areas.
4. Payment, Recovery of Sums due, Interest and Set-Off: Payment is due prior to delivery by Credit Card and Debit Card. Except where otherwise agreed in writing. Where otherwise agreed in writing you may pay us by BACS payment to a bank account authorised by us to provide us with cleared funds on or before the Due Date. You may not set off any payment due to us against any promotional invoices or other amounts due from us. Time is of the essence for the purpose of payment. Failure to pay to time will result in all monies owed by you to us becoming payable on demand. Customers making payments through PayPal must have a confirmed address associated with their account. We reserve the right to withhold dispatching any orders where the PayPal account is not confirmed.
5. Delivery, Acceptance of Delivery, Claims and Pallets: We use reasonable endeavours to deliver Products in the time, manner and to the place requested by you but any date quoted by us is an estimate and time shall not be of the essence. You must use your reasonable endeavours to accept delivery in accordance with any agreed delivery schedule and, if we request, to assist with the unloading of any consignment. You must check that the quantity and specifications of Products delivered correspond with your order before you sign any delivery note. The signature by you or your authorised employee or agent of the delivery note or similar document is conclusive evidence of your inspection and acceptance of the consignment as being for the correct amount and free from damage visible on inspection. No written claim for damage or short delivery is necessary when recorded on the delivery note. In all other cases, written claims for damage, short delivery or other delivery error must be given to us within 3 working days of delivery. Unless we otherwise agree in writing, you must retain damaged Products for inspection and collection.
6. Risk & Title: Risk in the Products will pass to you when the Products are delivered to the delivery address. Notwithstanding delivery, we will retain title in the Products until you have paid us in full for the Products and all arrears amounts, charges, accrued interest, legal costs and other payment due to us. From delivery until title passes to you, you have the legal obligations to us of bailee of the Products for us. You must take proper care of the Products to prevent any damage or deterioration of them and must keep the Products free from any charge, lien or other encumbrance. You must store the Products in such a way as to show clearly that they belong to us; and give us such information relating to the Products as we may from time to time require. We reserve the right to repossess any Products held by you as bailee for us for any reasonable cause. You irrevocably grant to us such right, licence or waiver as may be requisite to enable us, our employees and agents to enter the premises where the Products are situated for that purpose.
7. Warranty: We warrant that as at delivery to you our Products comply with the relevant CE approval mark
8. Limitation of Liability: We limit our liability to the maximum extent permitted by law as follows: (a) our liability shall be limited at our option to replacing the whole or part of any Products found to be defective or refunding or crediting the purchase price or a pro rata portion of the purchase of the whole or part of the defective Products; and (b) our liability in respect of death or personal injury caused by our negligence shall not be limited. We shall have no liability for any loss or damage suffered by any person: (a) as a consequence of any defect in any Product caused by abnormal conditions of storage, treatment or handling or any negligence or other wrongful act on your part or that of your employees or agents; (b) for claims for damage reasonably apparent on inspection at the time of delivery or for short delivery unless you have complied with the conditions of Clause 5; (c) for claims in respect of defects not readily identifiable on proper inspection, unless you notify us in writing within three months of delivery of the Products to you with full particulars of the complaint supported by reasonable evidence that the Products have not been tampered with nor been incorrectly stored; Any allegedly defective Products must be retained and made available to us for inspection and collection; (d) for any claim arising on an invoice issued more than three months before the date upon which such claim is received by us; (e) for any loss of profit, loss of sale, loss of goodwill, loss of reputation, loss of customers and any other similar losses caused by our negligence or other wrongful act on our part or that of our agents or employees; and (f) any failure to perform any of our obligations in the Conditions where such failure is caused by any circumstances beyond our reasonable control. If a third party notifies you of any claim you must immediately notify us in writing of all information available regarding the nature and extent of any such claim and you must allow us to deal with it. You must take any steps possible to mitigate any loss or damages suffered, must not admit liability and must take any reasonable steps as we may direct. We will not accept responsibility for any representations or payments made by you to any party in settlement of any such claim nor will we pay any handling or administration charge which we have not agreed in writing in advance.
9. No Sale or Return: Goods can be returned for refund or exchange if they are received back at the following address within 28 days.
MTB Parts Ltd
Tel: 0800 9788437
All goods must be returned in the same condition they were received, with all tags intact and including original packaging and ‘MTB Parts Ltd’ receipt. The 28 days start from the day of despatch. A refund request will be processed within 5 working days from receipt. We thoroughly inspect all goods before they are dispatched to you. We recommend that items being returned are sent via insured, tracked delivery for your protection and peace of mind. Please note, all return postage charges will be met by the customer, and deemed your responsibility until they reach us. Please note all warranty returns must be clean and free from dirt and mud to comply with the current Health and Safety Regulations. If the product is faulty we will assess as a warranty claim. If goods develop a problem they will be inspected to determine whether a warranty claim is valid. All of the above does not affect your statutory rights as a consumer.
10. Intellectual Property Rights: Copyright and all other intellectual property rights in the Products shown in our price lists shall remain at all times the property of MTB Parts Ltd. You shall acquire no rights in the Products except as expressly provided for in this Agreement. You agree that you or your employees or agents will not alter or remove any trade mark or label or otherwise interfere with any intellectual property rights in the Products and that the Products will not be sold under or by reference to the trade marks designating them, after the original containers or packs have been opened.
11. Data Protection: We may use information provided by you for all purposes reasonably necessary to properly regulate business dealings between us in relation to these Conditions, including but not limited to recording this information or updating our records, credit referencing and supplying your details to a credit reference agency (which will retain information for their own use) for purposes of credit ratings and for tracing purposes in the event of your default. You may receive a copy of your personal data held by us on request and on payment of a fee. By placing an order with us you consent to our processing your personal data for the purposes stated above.
13. General: By accepting these Conditions, we each agree that The Contracts (Rights of Third Parties) Act 1999 shall not apply to sales under these Conditions. This Agreement shall be governed by and construed according to the laws of England and unless otherwise agreed to in writing by us, the courts of London shall have exclusive jurisdiction.