Terms & Conditions
Please read these terms and conditions carefully as it governs the relationship between us and you and limits our liability to you when you purchase products from us. By accepting these terms and conditions you are forming a contract with us and agreeing to the terms and conditions that appear below. References to "you" and "your" are to you as an individual. References to "us", "our" and "we" are to "Classic Ducati.co.uk".
SALE OF PRODUCTS
1. THE ORDERS
1.1 Each order placed by you with us shall be an offer by you to us to buy products subject to this agreement.
1.2 No order you place shall be deemed to be accepted by us until we have received payment from you and have issued confirmation of the order.
1.3 You must ensure that the terms of your order, including the address for delivery, are complete and accurate.
1.4 All quotations and advertisements for products given on this website are given on the basis that no contract for sale shall come into existence between us and you until we have received payment from you and issued acknowledgement of your order. Any quotations or advertisements for products given on this website may be altered or withdrawn by us at any time.
1.5 We shall endeavour that all orders are met. We do not, however, guarantee the availability of any product at any time.
1.6 You acknowledge that sometimes products may be withdrawn or discontinued. We shall make every effort to update the website at all times, and keep you informed by email, but you understand and acknowledge that you are responsible for all sales you undertake with your customers and we cannot be held liable for any failure or delay to fulfil an order due to products not being reserved by you, withdrawn or discontinued by us.
1.7 Once an order has been placed by you and accepted by us you have no right to cancel the order, except at our discretion in exceptional circumstances. Once we have dispatched the products we are unable to cancel any orders.
2.1 Delivery of the products shall take place at the delivery address contained in your order.
2.2 Any dates or times specified by us for delivery of the products are intended to be estimates only and time of delivery shall not be of the essence, and shall not be made of the essence by notice.
2.3 Subject to the other provisions contained in these terms and conditions, we shall not be liable for any direct, indirect or consequential loss (all three terms which include, without limitation, pure economic loss, loss of profits, loss of business, depletion of reputation or goodwill and similar losses), costs, damages or expenses caused directly or indirectly by any delay in the delivery of the products (even if caused by our negligence).
2.4 If for any reason your customer refuses to accept delivery of the products, all risk in the products shall pass to you and we may, at our discretion, charge for return of the products to us, a storage fee and a redelivery fee to another address nominated by you.
2.5 The cost of delivery shall be calculated when you place your order with us and payment shall be due before a dispatch is made.
3. PRICE AND PAYMENT
3.1 Unless otherwise agreed between you and us, the price for the products shall be the price advertised upon your login on the website as published on the date of the order.
3.2 The price for the products shall be inclusive of all fees and charges in relation to packaging, carriage and insurance to the delivery address.
3.3 Payment for the price of the products shall be due in pounds sterling at the time of the order.
3.4 Time of payment shall be of the essence and no payment shall be deemed to be received by us until it has been received in full and cleared funds.
4.1 All warranties, conditions and other terms implied by state or common law are, to the fullest extent permitted by law, excluded from this Agreement.
4.2 In the event of the product requiring replacement or repair under the warranty, you or your customer, must contact the product manufacturer directly.
5. RETURNS AND REFUND POLICY
5.1 In the event that any order is incorrect, it must be notified to us within 7 (seven) days after delivery, by either you or your customer.
5.2 In the case of incorrect orders, the products shall be returned to us and we shall redeliver the correct order at our own cost.
5.3 If any products are faulty or defective, they must be returned to us within 1 (one) month of delivery. Where possible we shall replace the products free of charge and redeliver them to you at our own cost unless you request a refund. In the event of replacement of any products, the products returned to us shall become our property.
5.4 If you or your customer requires a refund rather than a replacement for faulty or defective products, or we are unable to replace any faulty or defective product, the products must be returned to us, at our cost, and shall become our property. We shall refund the price paid, by you to us for the products, to you. It is your responsibility to inform and refund (or otherwise) your customer. We shall not be liable for any damages, costs, losses (including without limitation pure economic loss, loss of profit, loss of business, interruptions to business, depletion of goodwill or reputation, and/or loss of commission), claims or liabilities, whether direct, indirect or consequential, incurred by you due to our inability to replace the products.
6. LIMITATION OF LIABILITY
6.1. These provisions are without prejudice to the other provisions contained in these terms and conditions.
6.2. All times given for delivery, restocking etc. are estimates only and we shall not be liable for any damages, costs, losses (including without limitation pure economic loss, loss of profit, loss of business, interruptions to business, depletion of goodwill or reputation, and/or loss of commission), claims or liabilities, whether direct, indirect or consequential, incurred by you due to any delay by us, including if such delay was caused by our negligence.
6.3. Nothing in this agreement shall limit our liability for death or personal injury caused by our negligence or for any matter for which it would be illegal for us to attempt to exclude our liability or for fraud or fraudulent misrepresentation.
6.4. Without prejudice to the other provisions of this agreement, our total liability in contract, tort (including negligence or breach of statutory duty) misrepresentation, restitution or otherwise, arising in the performance or contemplated performance of this Agreement shall be limited to the price of the products in any single order, if such liability is in relation to the products, or to the price paid for the subscription, if such liability is in relation to the services.
6.5. We shall not be liable to you for any pure economic loss, loss of profit, loss of business, depletion of goodwill or reputation, or similar loss in each case whether direct, indirect or consequential, or for any claims for consequential compensation whatsoever (howsoever caused) which arise under or in connection with this agreement.
7. GENERAL WAIVER
8.1 We may transfer and/or assign our rights or obligations under these terms and conditions at any time. This will not affect your rights and/or obligations under the terms and conditions. You are not permitted to transfer your rights or obligations under these terms and conditions to any other person.
9.1 All notices shall be given to us via email at notices or by post to Classic Ducati.co.uk.
9.2 All notices to you from us shall be delivered by email to the registration address.
10.1 If any provision of these terms and conditions is found by any court, tribunal or administrative body of competent jurisdiction, to be wholly or partially illegal, invalid, void, voidable or unenforceable it shall, to such extent, be deemed to be severable and the remaining provisions of the terms and conditions and the remainder of the provision shall continue in full force and effect.
12.1 We reserve the right to unilaterally vary these terms and conditions from time to time. You should regularly check and read the terms and conditions for any updates and/or amendments. If you do not agree to any of the updates or amendments at any time you should cease to use the services.
13. THIRD PARTY RIGHTS
13.1 We and you do not intend that any provision in the terms and conditions shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not party to these terms and conditions.
14. ENTIRE AGREEMENT
15. GOVERNING LAW AND JURISDICTION
15.1 We shall endeavour to resolve any disagreements between us and you quickly and efficiently. The agreement between you and us shall be governed by the laws of England and Wales and you and we shall both submit to the exclusive jurisdiction of the courts of England and Wales.