Terms and Conditions
1 DEFINITIONS
In this document the following words shall have the following meanings:
1.1 " Buyer" means the person who buys Goods from the Seller
1.2 " Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977
1.3 " Goods" means the articles that the Buyer agrees to buy from the Seller
1.4 " List Price" means the list of prices of the Goods maintained by the Seller as amended from time to time
1.5 " Seller" means Roadster-bag
1.6 " Terms and Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
2 GENERAL
2.1 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Seller.
2.5 Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a Consumer.
2.6 Special order – non-stock items cancellation & return conditions. All of our products are non-stock items; they are made to order and as such are not subject to the usual return conditions. They are shown on the website solely for the purpose of pre-order.
Upon placing the order for the 'Special order' non-stock item(s), you may not under any circumstances cancel or return for refund (except that of a warranty replacement). Only an exchange item(s) will be offered.
3 PRICE AND PAYMENT
3.1 Import duties, VAT, taxes, and charges are not included in the item price or shipping cost. These charges are the Buyer's responsibility. Please check with your country's customs office to determine what these additional costs will be prior to placing your order.
3.2 The price of the Goods shall be that stipulated in the Seller's current List Price/on the Seller's website/as contained in the Seller's Quotation (as applicable) at the date of order or as agreed between the parties. The prices shown are exclusive of VAT and exclusive of any delivery charges.
3.3 The seller reserves the right to alter pricing for Goods and Shipping without prior notification to the Buyer.
3.4 Title of the goods sold by us shall not pass to the customer until paid in full. We reserve the right to re-possess such goods at any time until full payment is made.
3.5 All Goods, wherever possible, will be manufactured within 5 to 6 weeks of the order being placed. This timeframe does not include delivery.
4 DELIVERY
4.1 Import duties, VAT, taxes, and charges are not included in the item price or shipping cost. These charges are the Buyer's responsibility. Please check with your country's customs office to determine what these additional costs will be prior to placing your order.
4.2 The Seller shall send Goods as per the delivery service selected by the Buyer. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
4.3 The Seller shall use its reasonable endeavours to meet any date stated for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
4.4 All Goods made by the Seller are manufactured to order by hand, ‘Special order’. All orders are deemed as non-stock ‘Special order’ which are not open for refund, cancellation or exchange upon the Buyer placing the order.
4.5 Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
4.6 All deliveries are sent on a signature required service, if the buyer requests items to be left in a specified or unspecified safe place without a signature then this is done so entirely at the buyer’s risk. we will pass the request to our courier for consideration but cannot guarantee that it will be done as it is at the discretion of the courier’s driver to validate the safety of the area. No replacements or refunds will be offered for missing items if you have requested items to be left without signature & we accept no liability for these items.
4.7 Delivery dates & times offered by the courier are non-guaranteed and may be subject to delay. We will not be held liable for costs incurred for late deliveries & will not offer any refunds for late delivery.
5 WARRANTY
5.1 The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller.
6 CANCELLATION AND RETURNS
6.1 Special order – non-stock items cancellation & return conditions. All of our products are non-stock items; they are made to order and as such are not subject to the usual return conditions. They are shown on the website solely for the purpose of pre-order. Upon placing the order for the 'Special order' non-stock item(s), you may not under any circumstances cancel or return for refund (except that of a warranty replacement). Only an exchange item(s) will be offered.
6.2 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within 24 hours of delivery if the Goods are damaged or do not comply with any of the contract. No claims with regard to damage items can be made after our courier has left the delivery address, unless signed for as damaged on delivery.
6.3 All Goods shall be returned by the Buyer to the Seller and the Buyer shall be entitled to replacement Goods if the Goods are in fact defective. The Buyer shall return Goods using their own Courier service, and all costs will be borne by the buyer.
6.4 Where returned Goods are found to be damaged due to the Buyer's fault the Buyer will be liable for the cost of remedying such damage.
6.5 Once you have received delivery of the Special order non-stock item, you may not under any circumstances (except that of a warranty replacement) return the product & no refund will be issued. Only an exchange item will be replaced.
7 LIMITATION OF LIABILITY
7.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury, however the Seller shall not be liable for any direct loss or damage suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the Goods.
7.2 The Seller shall not be liable under any circumstances to the Buyer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
8 FORCE MAJEURE
8.1 Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
9 SEVERANCE
9.1 If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
10 GOVERNING LAW AND JURISDICTION
10.1 These Terms and Conditions shall be governed by and construed in accordance with the law of Great Britain and the parties hereby submit to the exclusive jurisdiction of the British courts.
11 You may not create a link to the website from another website or document without prior written consent.
12 This website contains material which is owned or licensed by us. Reproduction of any material is prohibited other than in accordance with the copyright notice.
13 E&OE ERRORS AND OMISSIONS EXCEPTED
Last updated 4 July 2024