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TERMS & CONDTIONS |
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ABOUT |
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1 ORDERING PRODUCTS
1.1 If you order products from our website we will send
you an email confirming receipt of your order. Your
order is an offer from you to us to purchase the goods.
We accept that offer when we send you an email
confirming that we have sent the goods to you.
1.2 If you order more than one product and we have not
confirmed dispatch of all the products in your order
status then those products not listed do not form part
of our contract with you.
1.3 All orders placed by you are subject to these terms
and conditions. You must be over 18 to place an order
via our website.
1.4 We only deliver products within mainland UK and the
Isle of Wight.
1.5 Illustrations photographs weights dimensions and
descriptions on our website are intended as a general
guide to products and do not form part of our contract
with you. Products may vary slightly in appearance from
those depicted on the website.
2 PRICES
2.1 The prices payable for products are shown on the
website.
2.2 Our prices are inclusive of VAT.
2.3 If the price of a product is incorrectly shown and
is higher than stated on our website we will either send
you an email informing you of the new price and asking
you if you want to proceed with your order or we will
cancel the order and inform you.
2.4 If the price of a product is lower than stated on
our website we will send you the product and charge you
the lower price.
2.5 We may make an additional charge for delivery costs
and this will be shown separately in the checkout before
you enter your details for payment.
3 PAYMENT
3.1 We accept payment by credit and debit card. We will
not dispatch a product until we have received payment
from you. We cannot guarantee when any item will be
despatched.
3.2 If for any reason payment is refused after we have
dispatched the product we will have the right to request
the payment from you or recover the products from you
and charge you for our costs in recovering the goods or
seeking further payment.
4 DELIVERY
4.1 Items will be despatched as soon as we have them in
stock and payment has been received and in any event
within 30 days of your order.
4.2 Deliveries will be made between 08.30 and 18.00
Monday to Saturday
4.3 If we arrange for delivery at a specific time and we
are then not able to make the delivery because you are
not present to accept the products then we may charge
you for the costs of the failed delivery.
4.4 If delivery of the products is made to building or
construction site we will only be obliged to deliver to
the nearest safe location to the site.
4.5 Once we have delivered the products then you are
responsible for their insurance and security.
5 IF YOU CHANGE YOUR MIND
5.1 By law you have the right to cancel your contract
before you receive the product or return any product to
us within 7 days of receiving it provided it is unused,
undamaged and in its original packaging.
5.2 If you want to cancel before your order is
dispatched please notify us by email method. If your
order has already been processed for dispatch we may not
be able to prevent it being sent to you. You should not
unpack it when it arrives and you must use our returns
policy to return it.
5.3 If you have already received the product from us and
wish to return it please follow our returns policy set
out below. We will refund the price of the product
provided you notify us within 7 days of receipt and the
product is unused, undamaged and in its original
packaging
6 IF A PRODUCT IS DAMAGED OR FAULTY
6.1 Please keep all the warranty information that comes
with your product as it may be needed if it develops a
fault.
6.2 If any product develops a fault within the warranty
period given by the manufacturer you can either contact
the manufacturer directly or return it to us for repair
replacement or refund.
6.3 If you want to return a product to us because it was
damaged when delivered or is faulty please use our
returns policy. If you want a refund not a repair we
will refund you the price and the delivery costs and the
cost of returning it to us. Please send us a receipt for
the return postage costs
6.4 We will inspect all products returned to us as
faulty. If we discover that they are not faulty we may
recharge you for the product and the costs incurred by
us.
7 IF WE HAVE SENT YOU THE WRONG PRODUCT
7.1 If we send you a product that you have not ordered
please use our returns policy . If you return it to us
we will refund the price and the original delivery costs
and the cost of returning it to us.
8 RETURNS POLICY
8.1 If you want to return a product please contact Gold
Rush Spares first.
8.2 We advise you to return products by a secure postal
method and obtain a receipt as proof of returning it to
us.
8.3 If you want us to collect a product please contact
us and we will arrange to collect it. We will deduct the
cost of collecting it from the refund we give you
8.4 If you do not use the returns number on all
correspondence it may delay our response to you.
9 CANCELLATION BY US
9.1 We can cancel the contract if:
9.1.1 we do not have sufficient stock to deliver the
product you have ordered; or
9.1.2 we do not deliver to your area; or
9.1.3 the price or description of the product is
incorrect.
9.2 If we do cancel your contract we will notify you by
email and refund any sum paid by you to your credit or
debit card. We will not be obliged to offer any
compensation for loss or disappointment suffered by you.
10 USE OF PRODUCTS
10.1 You agree only to use the products for their normal
and proper use and not to alter or modify or otherwise
interfere with them
10.2 You agree to follow the manufacturers instructions
supplied with the products and not to use the products
in a careless or negligent manner
11 OUR LIABILITY
11.1 We will not be liable for any loss you suffer
through failure to use the products in a normal and
proper manner or through altering or modifying the
products, failure to follow the manufacturers
instructions or using the products in a careless or
negligent manner.
11.2 Our liability to you for death or personal injury
caused by our negligence is not limited.
11.3 Our liability to you other than for death or
personal injury caused by our negligence is limited to
the cost or repair or replacement of the product or
refund of the price paid for the product.
11.4 We will not be responsible for:
11.4.1 any other loss you suffer through our failure to
comply with the terms of this contract. In particular we
will not have any liability for any loss that was not a
reasonably foreseeable consequence of our failure to
comply with the contract such as any loss of profit,
opportunity or liability to any third party.
11.4.2 any failure to deliver products or delay due to
any event or circumstance beyond our reasonable control.
12 INVALIDITY
12.1 If any part of these terms and conditions is
unenforceable (including any provision in which we
exclude our liability to you) the enforceability of any
other part of these conditions will not be affected.
13 PRIVACY
13.1 You acknowledge and agree to be bound by the terms
of our privacy policy.
14 THIRD PARTY RIGHTS
14.1 Except for our affiliates, directors, employees or
representatives, a person who is not a party to this
agreement has no right under the UK Contracts (Rights of
Third Parties) Act 1999 to enforce any term of this
agreement but this does not affect any right or remedy
of a third party that exists or is available apart from
that Act.
15 GOVERNING LAW
15.1 The contract between us shall be governed by and
interpreted in accordance with English law and the
English courts shall have jurisdiction to resolve any
disputes between us.
16 ENTIRE AGREEMENT
16.1 These terms and conditions, together with our
current website prices, delivery details, contact
details and privacy policy, set out the whole of our
agreement relating to the supply of the goods to you by
us. Nothing said by any sales person on our behalf
should be understood as a variation of these terms and
conditions or as an authorised representation about the
nature or quality of any goods offered for sale by us.
Save for fraud or fraudulent misrepresentation, we shall
have no liability for any such representation being
untrue or misleading.
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