DMC Moto (Birmingham) limited
These Conditions (together with the documents referred to within them) set out the terms and conditions on which we offer to supply to you any of the products (the “Products”) advertised for sale on our website www.dmcbirmingham.co.uk. Please read these Conditions carefully before ordering any Products. You should understand that by ordering any of the Products, you agree to be bound by these Conditions.
You will be required to accept these terms and conditions before being able to continue and complete your order.
We will refer to you the purchaser as “you” and “your” within these conditions with ourselves being “DMC Moto (Birmingham) limited”
1. INFORMATION ABOUT US
DMC Moto (Birmingham) Limited operates and retains the ownership of the DMC Birmingham (“Our Website”). We are a company registered in England and Wales under company number 08393769 . Our registered office is situated at Unit 3, trident retail Park, Birmingham, B9 4EH which is our main trading address. Our VAT number is 156 6561 87.
2. USE OF OUR WEBSITE
We endeavour to ensure that our website is accessible 24 hours a day. However, we will not be liable for any losses that you may suffer if our website is unavailable at any time or for any period or your access to our website is interrupted, restricted or delayed for any reason. Please note that access to our website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for any reasons beyond our control.
By using our Website you agree not to attempt to access our systems and you agree not to post on or transmit to or from it any material that is defamatory, obscene, discriminatory or in breach of confidence or privacy or a third party’s rights. We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity of or to locate anyone posting any material onto our website in breach of this Condition.
3. THE CONTRACT BETWEEN US
After you have placed an order with us for the purchase of Products, you will receive an e-mail from us acknowledging that we have received your order. We will ship all items that we are able to supply and at this point we will have therefore confirmed acceptance of the order. Any items unavailable will be communicated to you asap to allow the appropriate action which will then follow in the form of either an alternative or refund. Until dispatch of goods by the seller to the buyer or the buyer’s acceptance in writing of any quotation of the seller (whichever shall first occur) no contract for the sale of goods shall arise.
4. DELIVERY, RISK AND TITLE
The sale of the Products listed on our Website is subject to the availability of those products.
We will ensure all reasonable effort is put in to ensure that the descriptions and photographs of the Products are as accurate as possible. Please be aware that we unfortunately can give no warranty in respect of the accuracy of this information.
Your order will be fulfilled in a timely manner and normally be to you within 24 – 72 hours for all stock items where the website has indicated “Instock For Immediate Dispatch”. Our Promise of “Order Before 4pm for Same Day Shipping” ensure that the goods will leave the building on the same day you placed your order and therefore should be with you in the timescales already mentioned. If “Normally Dispatched in 5-6 Days” is displayed then the part is currently at zero stock level but should still be dispatched within that timescale. In the event that we can no longer get the item or it is back ordered with the supplier we will communicate this to you asap.
Please note that for orders with multiple items that contain one or more items showing the status of “Normally Dispatched in 5-6 Days” we will wait until the whole order is complete before dispatching. In the event that you require an items sooner, feel free to call the Mail Order team on 01217710441 who will take payment for this separate shipment and dispatch the required items.
The prices for which delivery of the Products is charged are set out on our Website, as amended from time to time.
The Products will be at your risk from the time of delivery, or attempted delivery, to the address you specify in your order.
Ownership of the Products will only pass to you following delivery if we have received full payment of all sums due in respect of the products, including delivery charges.
5. CONTRACT CANCELLATION
If you are ordering Products as a consumer, you may terminate and cancel your contract with us at any time within 7 working days, beginning on the day after you receive the products.
To cancel your contract, please inform us as per details below and return the product(s) to us promptly in accordance with the condition s below, namely in the same condition in which you received them together with all accessories, packaging and instructions that were supplied with the product.
If we do not receive notification of the cancellation within the 7 day period and prompt delivery of the returned products also in an acceptable condition, your request to cancel the contract may be rejected.
We will refund you in full providing that you meet the requirements.
We reserve the right to terminate and cancel your contract with us if:
(a) we cannot fulfil the products you have ordered;
(b) we do not deliver products to the location requested in your order;
(c) an error was discovered in the listing on the website for the product that you ordered leading to it being sold at the incorrect price.
In the event that we do have to cancel your order, we will notify you as soon as possible by e-mail or phone and will re-credit the amount paid by you to your account as soon as possible. We will not be obliged to offer any compensation in respect of this cancellation.
Should you wish to cancel your contract or return a Product to us, please notify us on 01217710441 or by filling in the online Returns Form on the Website. If you are returning an item please ensure you have supplied your full details and the course of action you wish us to take.
Should any of the Products we deliver be damaged or the incorrect quantity, please notify us as soon as is practicable and return the product to us promptly in accordance with our Returns policy.
We will arrange for returns of defective or damaged Products to be collected at our cost. Where the product is being returned for other reasons then the cost must be covered by you. Where you return Products to us, the Products remain your responsibility until we receive them. We therefore recommend that Products are returned using a tracked or signed-for mail service and that you retain such proof of postage. Without such proof of postage, we may not be able to provide a refund if we have not received the returned Product. If the Product being returned is valuable, you may wish to consider insuring the cost of such Product. Products should be returned to us at: DMC Moto Birmingham, Unit 3, Trident Retail Park, Birmingham, B9 4EH.
All Products must be returned in the same condition in which you received them, together with your proof of purchase and all accessories, packaging and instructions that were supplied with the Product. We reserve the right to refuse a refund in respect of a Product which has been removed from its packaging and/or been used.
We will endeavour to refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due promptly and, in any case, within 30 days of the day we receive your notice of cancellation or in the case of any other return, the day we confirm to you that you are entitled to a refund.
We reserve the right to replace faulty or defective Products or refund you in full in respect of faulty or defective Products, which are returned within the time period, including a refund of the delivery charges for sending the item to you. All Products returned as faulty, which are returned outside the 7-day period, will be checked and if found to have no fault may be returned to you.
7. PAYMENTS AND PRICING
The price of our products are as quoted on the Website which may alter from time to time. These may also be special prices exclusive to the website and not available instore.
Prices include VAT excluding delivery costs. Delivery costs will be indicated at checkout.
Price may vary and increases applied as required however these changes will not affect orders that have already been received unless a pricing error has occurred.
We are under no obligation to provide the Product to you at an incorrect (lower) price, even if the order has been processed at that price, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing error. We are entitled to make adjustments to the price to take account of any increase in our supplier’s prices, or the imposition of any taxes or duties, or if due to an error or omission the price published for the goods is wrong. We will inform you of the correct price and give you the opportunity to cancel the order.
Prices of New motorcycles are as displayed including VAT at the current rate. Street bikes will be prepared, ready to ride and the price will include the additional cost of any road tax/number plates etc.
Prices of Used motorcycles are as displayed and include the cost of preparation by our technical team along with the balance of the manufacturers warranty. In the event that a negotiation takes place to achieve a new price that reflects the loss of this preparation service, you will be expected to sign our “Used Bike Condition Disclaimer” to indicate the bikes condition and the fact that you are comfortable with preparing the bike yourself.
We accept most major cards including Visa, Mastercard, Switch, Maestro however this may change from time to time. We will charge your credit or debit card at the time that you make your order. Should we not have a product available for dispatch at the time of taking your payment, your payment will be regarded as a pre-payment. In the event that we cannot supply or offer an alternative a refund to the same card will be made.
8. OUR LIABILITY
The products that you purchase from our site are third party products. Because of this we are unable to guarantee that all products are fit for purpose or of satisfactory quality. This does affect your statutory rights against the third part supplier and we do offer a customer service returns policy to support your needs.
Unfortunately we cannot accept any liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, office time or for any indirect or consequential loss or damage of any kind related to the products supplied.
9. WRITTEN COMMUNICATIONS
In using our website you accept that all communications will be electronic even though some applicable laws require that some of the information or communications we send to you should be in writing. We will contact you by e-mail or provide you with information by posting notices on our Website.
For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
This Condition does not affect your statutory rights.
10. NOTICES AND COMPLAINTS
All notices given by you to us (including any complaints that you may have) should be sent to DMC Moto (Birmingham) Limited
By e-mail to: Info@dmcbirmingham.co.uk
By post to: DMC Moto Birmingham, Unit 3, Trident Retail Park, Birmingham, B9 4EH.
Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an e-mail is sent, or two days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
11. EVENTS OUTSIDE OUR CONTROL
Should an event outside of our control reduce the level of service we are able to provide to you then we will not be liable for any consequences that are passed to you.
12. COPYRIGHT INFORMATION
The copyright and other intellectual property rights subsisting in the content on our Website is owned by us and we expressly reserve all rights in the same. Printing and downloading parts of this site is acceptable providing it is for your own non-commercial use and that you provided that you do not modify any of the content.
All other reproduction or use of extracts of content from our Website is strictly prohibited. In particular, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
13. AGREEMENT IN ITS ENTIRETY
You and we acknowledge that, in entering into a contract, you have not and we have not relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between you and us prior to such contract except as expressly stated in these Conditions.
A person who is not a party to this agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
14. TERMS AND CONDITIONS MAY VARY
From time to time we may and do have the right to revise and amend these Conditions.
At the time you order products from us you will be subject to the policies and terms and conditions.
In the event that you receive an item and find it unsuitable then it may be returned for refund or exchange providing it is within 14 days of receipt.
Please advise our Customer Service Department, if you haven’t already done so, of any problems with your order as soon as practicable via email firstname.lastname@example.org. We regret that beyond a “reasonable time”, due to circumstances beyond our control we may be unable to process your claim.
All returns are subject to the following conditions:
**Please allow a minimum of 7 working days for returns to be processed**
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