GENERAL TERMS AND CONDITIONS OF SALE
WOLFRACE WHEELS (UK) LTD
EUROPEAN CONSUMER SALES
A copy of this statement can be downloaded in PDF Format from here.
1 DEFINITIONS
1.1 Acceptance A written acknowledgement or acceptance from Us via email of an
Order given or submitted by You via email
You/Your/Yourself The person, firm or company who orders the Goods from
Us and/or with whom We contract to sell the Goods
Conditions Our standard terms and conditions of sale set out in this document
Consumer Cancellations & Returns Policy means the policy referred and
linked to in clause 10 of these Conditions
Contract any contract between You and Us for the sale and purchase of the
Goods, incorporating these Conditions, the Consumer Cancellations & Returns
Policy, the Order and the Acceptance
Goods The Goods described in Your Order and/or confirmed in the Our
Acceptance
Order The written order of the Goods placed by You with Us via our website
Us/We/Our/Ourselves Wolfrace Wheels (UK) Ltd
1.2 Words importing the singular number include the plural number and vice versa;
1.3 Condition headings do not affect the interpretation of these conditions.
2 INTERPRETATION OF THIS CONTRACT
2.1 The terms of the Contract shall consist of the Order, the Acceptance, these
Conditions and our Consumer Cancellations & Returns Policy. In the event of
any inconsistency between the Order, the Acceptance and the Conditions, the
terms of the Acceptance and the Conditions shall prevail.
2.2 Except where expressly referred to in these Conditions or as otherwise expressly
agreed in writing between You and Ourselves, no other terms or conditions
contained in any document issued by You or Ourselves or in any other
communication between You and Ourselves shall form part of the Contract. For
the avoidance of doubt, the Contract shall not be modified without Our express
prior written agreement referring to a modification of the Conditions
2.3 In order that the Contract shall be a complete statement of the understanding
between the parties with regard to the sale of the Goods, You acknowledge that
You shall not be able to rely upon any pre-contractual statement, promise or
representation made by or on behalf of Ourselves which has not been expressly
incorporated in writing into the Contract. Nothing in this condition shall exclude
or limit Our liability to You for fraudulent misrepresentation.
2.4 We reserves the right to make modifications to the design, composition and/or
specification of the Goods at any time without prior notification to You. Any
descriptions or illustrations of the Goods provided whether on Our website or
by way of any brochure supplied by Us are for information purposes only.
3 ORDERS
3.1 Each Order placed by You shall be deemed to be an offer by You to buy the
Goods subject to these Conditions.
3.2 No Order submitted by You shall be deemed to be accepted by Us until an
Acceptance is issued by Us. The quantity and description of the Goods shall be
as set out in Our Acceptance. Any goods not set out in Our Acceptance but
included in Your Order are excluded from the Contract.
3.3 Each Order You submit and Acceptance We give will constitute the basis of a
separate Contract, but will still be subject to these Conditions. You
acknowledge that no employee or agent of Ourselves has any authority to
contract in any other manner.
3.4 Any and all drawings, photos, brochures, descriptive matter, specifications and
advertising material issued by Us or that appear on Our website or which is
otherwise issued or published by or on Our behalf is made available for the sole
purpose of providing You with an approximate idea of the Goods described
therein.
You hereby acknowledge that those materials shall not form part of the
Contract and any sale shall not constitute a sale by sample or description.
4 DELIVERY
4.1 Delivery shall take place when the Goods are delivered to Your premises or to
such other delivery location as may be specified in the Contract. We will
endeavour to deliver all the Goods together, but You agree that We may deliver
the Goods by separate instalments.
4.2 Our aim is to deliver the Goods within 30 days of Acceptance of Your Order.
However, this and any other dates requested by You or indicated by Us are
intended to be an estimate only and time for delivery shall not be made of the
essence, nor be capable of being made so.
4.3 If You wish to cancel the whole or part of your Order, please refer to Our
Consumer Cancellations & Returns Policy. The latest version of our Consumer
Cancellations & Return Policy is available on our website, and will form part of
these Conditions.
4.4 If You do not receive all the Goods within thirty (30) days of Acceptance of
Your Order by Us, you must notify us within forty (40) days of Acceptance.
Any liability on Our part for non-delivery of the Goods shall be limited to
delivering the Goods within a reasonable period of time after such notification
(providing that We still have the Goods in stock), or issuing a credit note at the
pro-rata Contract price against any invoice raised for such Goods, at Your
option.
4.5 If for any reason You fail to accept delivery of the Goods when they are ready
for delivery then:-
a. The risk of damage, loss or destruction in respect of the Goods shall pass to
You (including risk of loss or damage caused by the Our or the carriers
negligence) at the date and time of the abortive delivery; and
b. the Goods shall be deemed to have been delivered to You; and
c. We may store the Goods until a new delivery date is agreed, whereupon
You shall be liable for all related reasonable costs and expenses associated
with such storage (including, without limitation, storage and insurance).
4.6 Save as otherwise expressly provided for in these Conditions, We shall not be
liable for any direct, indirect or consequential loss (all three of which terms
include, without limitation, pure economic loss, loss of profits, loss of business,
depletion of goodwill and similar loss), costs, damages, charges or expenses
caused directly or indirectly by any delay in the delivery of the Goods (even if
caused by Our negligence)
5 EVENTS BEYOND OUR REASONABLE CONTROL
We reserve the right to defer the date of delivery or to cancel the Contract or to
reduce the volume of Goods ordered by You (without any liability to You) if We
are prevented from, or delayed in, the carrying on of Our business due to events or
circumstances beyond the reasonable control of Ourselves including, without
limitation, acts of God, governmental actions, war or national emergency, acts of
terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lockouts,
strikes or other labour disputes (whether or not relating to either partys
workforce), or restraints or delays affecting carriers or inability or delay in
obtaining supplies of adequate or suitable materials. This condition does not affect
Your statutory rights.
6 OWNERSHIP
We shall own the Goods until we have received cleared payment in full from You,
even though the Goods may already have been delivered to You. Where You have
paid by cheque or debit or credit card, payment in full will not have taken place
until the funds have cleared Our bank account.
7 PRICES
The price for the Goods shall be as set out in the Acceptance. The price for the
Goods set out in the Acceptance shall be exclusive of United Kingdom VAT
(whether or not chargeable) unless expressly stated in the Acceptance to be
otherwise. You will be responsible for payment of any VAT payable on the price
of the Goods, if applicable.
8 LOCAL LAWS, IMPORT DUTIES & TAXES
When ordering goods from Us for delivery overseas, You may be subject to
import duties and taxes, which are levied once the Goods reach their specified
destination. Any additional charges for customs clearance must be borne solely by
You. You will also be considered the importer of record and must comply with all
laws and regulations of the country in which you are receiving the Goods.
9 PAYMENT
You will need to make payment at the time when you place Your Order. This
payment will be held on trust by Us until our Acceptance, when it shall become
our sole property. Please note, no Goods will be despatched to You until payment
under this Contract has been received in full and in cleared funds.
10 RETURNS POLICY can be downloaded from here
We care about our customers, and have established a Consumer Cancellations &
Returns Policy for dealing with any problems You may have relating to Our
Goods. The latest version of our Consumer Cancellations & Return Policy is available here, and will form part of these Conditions.
11 EXCLUSION OF LIABILITY
11.1 Except where provided for in Clause 11.2 below, Your rights in respect of
Goods delivered which do not correspond to the contractual description and/or
the supply of defective Goods shall be limited to those referred to in Clause 4
above.
We shall under no circumstances whatsoever be liable to You for any
loss, or damage of whatsoever type sustained by You, (whether it results
directly and naturally in the ordinary course of events) from any breach of
contract of any nature whatsoever by Ourselves, whether it results from such
breach under special circumstances made known to Us, or whether it be of an
indirect, consequential or any other nature whatsoever, including (without
limitation) loss of use, loss of revenue, loss of anticipated savings, loss of
profits or anticipated profits, or damages of any third party claimed against the
You, or damage of any nature whatsoever caused by the Goods or any other
items supplied by Us to You.
11.2 Notwithstanding the foregoing, nothing in this Conditions is intended to limit
any rights you may have as a consumer under applicable local law or other
statutory rights that may not be excluded, nor in any way to exclude or limit
Our liability to You for any death or personal injury resulting from Our
negligence
12 NOTICES
Any Order placed under this Contract shall be made by You via Our website.
Both We and You hereby accept that any other Acceptance, agreements,
notices, disclosures or other communications or notices required or authorised
to be given under the Contract shall be sent by email. Any such email shall be
deemed delivered and effectively communicated when it is sent,
notwithstanding that it has not been received by the other party, provided that
the sending party provides reasonable evidence that the same was in fact sent.
Any email correspondence with Us must be sent to info(at)wolfrace.co.uk and
set out therein Your name, the order number (if We have provided You with
the same) and the description and model number of the item ordered. We
reserve the right to contact You via ordinary first class post (or equivalent)
addressed to the Your address last known to the Us. Any such communication
shall be deemed to have been served on the next working day after proven
despatch. This condition does not affect Your statutory rights.
13 WAIVER
If You breach this Contract and We take no action, we will still be entitled to
use any of our rights and remedies at a later date, as well as in any other
circumstances where you are in breach of this Contract
14 SEVERANCE
If any provision of this Contract is prohibited by law or judged by a court to
be unlawful, void or unenforceable, the provision shall, to the extent required,
be severed from this Contract and rendered ineffective as far as possible
without modifying the remaining provisions, and shall not in any way affect
any other circumstances of or the validity or enforcement of this Contract
15 DATA COLLECTION
15.1 From time to time, We may use Your personal information for administration
and management purposes, including carrying out appropriate financial
checks, and We reserves the right to disclose such information to service
providers and agents for these purposes.
15.2 We may also store Your contact details and any other information held
pursuant to this Contract (Your Data) for the purpose of adding the same to
Our marketing databases. We shall hold Your Data in accordance with the
Data Protection Act 1998. We may use the Your Data for the purposes of
internal statistical analysis, fulfilling any request made by You for further
information, or to contact You by mail, telephone or electronic communication
about any other goods, services or events offered by Us. In the event that We
sell or transfer our business or a relevant part of it, We shall be permitted
under this Contract to transfer Your Data to any successor to Us
15.3 In addition to the rights set out in clauses 15.1 and 15.2 above, We shall be
entitled to release or sell Your Data to carefully selected third parties who
may use it to contact You in relation to offers or products which relate to the
automotive industry (Third Party Marketing Purposes).
15.4 Notwithstanding clause 16.3, You shall be entitled to specify at the time that
Your Data is transferred to Us that We should not release it for Third Party
Marketing Purposes.
16 THIRD PARTIES
This Contract is not intended to, and does not give any person who is not a
party to it any right to enforce any of its provisions or any right to any remedy
hereunder.
17 LAW AND JURISDICTION
The Contract shall be subject to English law and any and all disputes arising
under the Contract shall be dealt with exclusively by the courts of England,
save that the Seller shall be entitled to bring proceedings against the Buyer in
any other court or courts having jurisdiction. The application of the United
Nations Convention on Contracts for the International Sale of Goods is
expressly excluded.