Terms and Conditions
TERMS AND CONDITIONS:-
Any reference to The Company/Seller shall mean SHY Auto Developments Limited, trading as Racingbeateurope.com, The Old Rectory Business Centre, Springhead Road,Northfleet, Kent, DA11 8HN who sell or supply specialist motor equipment and accessories in the course of their trade or business.
Buyer/Purchaser shall mean any person, sole trader, partnership, business, body corporate or other entity detailed in the appropriate section of the sales invoice/order form and shall include all successors, heirs and assigns. Where the Buyer purchases in the course of a trade, profession, vocation, hobby or sport (where the buyer is a specialist or enthusiast), it is agreed that such a buyer shall mean a trade buyer. Where a person deals entirely as a consumer, statutory rights shall remain unaffected. Where the term buyer appears within these terms it shall mean both trade and consumer buyer/purchaser unless specified as relating to a trade buyer or consumer buyer individually.
Goods or equipment shall mean the items detailed in the appropriate section of the sales/order form and it shall be a core term of this agreement that all ancillary items are additional to this agreement unless specifically detailed within the sales invoice/order form.
Price shall mean the consideration due for purchase and shall include VAT unless otherwise stated. Purchasers should note that prices quoted may vary during the currency of the website (upwards or downwards) and current prices are quoted at the time of order. In respect of orders placed via the Internet, these shall not be accepted by us until confirmed.
Day shall mean any day including Saturdays, Sundays and public holidays.
Working Day shall mean Monday to Friday (inclusive) except public holidays.
These conditions shall apply to all of The Company's quotations and contracts, orders (including telephone orders) for the sale or supply of goods accepted by The Company. For the trade buyer, any other terms or representations, whether implied by statute, made prior to, collateral with or subsequent to the contract or order are hereby excluded and shall not be binding upon The Company. For the consumer purchaser, representations shall only be binding upon The Company if confirmed in writing by The Company.
The Company reserves the right to amend technical or clerical errors in any order without notice. In addition, the buyer shall ensure that all details contained within the order are correct and no liability for any error or inaccuracy shall lie with The Company unless notified in writing to The Company at SHY Auto Developments The Old Rectory Business Centre, Springhead Road, Northfleet, Kent DA11 8HN of such error within seven days of receipt of any document containing the said error.
Web Site information and samples on display are indicative only and any specifications, weights, measurements and technical data (whether relating to performance or otherwise) have been prepared by manufacturers and are for guidance only and shall not form a description within the meaning of the Sale of Goods Act (as amended). Buyers are therefore required to check current specification, colours, weights and measurements with manufacturers, prior to order, as no liability shall be accepted by The Company for any claim arising there from. Manufacturers also reserve the right to amend specifications, without notice, in order to improve products or where amendment becomes necessary.
All guarantees for products are provided entirely by the manufacturers/UK importers and are subject to terms contained therein.
LIMITATIONS UPON LIABILITY:-
For trade buyers, The Company is hereby excluded from any liability, howsoever arising, in respect of any express or implied condition, warranty or term, statement, representation whether statutory or otherwise, relating to the goods supplied. The trade buyer accepts that he is best placed to insure against losses which arise by virtue of any breach of this agreement and warrants that he carries adequate insurance in this respect.
Compatibility of goods is not guaranteed where modifications or alterations have been made to vehicles and The Company shall, in such circumstances, and entirely at its discretion, issue a refund or credit to the purchaser except where goods are specifically ordered for the purchaser where no such refund or credit will operate.
Where goods purchased by the buyer are alleged to be defective, the purchaser agrees to return such goods to the seller for inspection and report (without the seller replacing the said goods prior to such inspection). The purchaser further confirms that it shall be reasonable for the seller to inspect, repair or replace (at its option) such defective goods and allow manufacturers to undertake inspections so as to allow production methods to be modified. The purchaser also accepts that it is reasonable to inform the seller of any interruption, defect or other failure prior to contacting independent third parties or incurring expense and, in addition, to allow the seller to remedy the defect, failure or interruption. Parts modified or adapted by the purchaser shall no longer be warranted by the manufacturer nor shall The Company be liable for any failures resulting subsequent to modification.
Competition goods are supplied for specialist use and are subject to extreme heat and stress whilst in use. Life expectancy and durability are greatly reduced and purchasers should note that any claim for failure/wear shall not be entertained by The Company and it is agreed that such use shall be a relevant circumstance for the Sale of Goods Act 1979 (as amended). In addition, parts connected to parts supplied by The Company may be placed under stress where specialist/competition parts are used, and purchasers should take advice from experts prior to purchase. Manufacturers may also limit guarantees when components are installed for competition use.
Where goods are defective, incorrectly supplied, delayed or otherwise in breach of the implied terms of the buyers statutory rights, all losses which result from loss of competition points, awards, loss of entry fees or other similar losses, are excluded and shall not be reclaimable from The Company. In addition, The Company shall accept no liability for death or personal injury unless caused directly by its own negligence.
No liability is accepted by The Company where purchasers attempt to modify or install components supplied where it is known or ought reasonably to be known that the part supplied is incorrectly supplied, defective or otherwise not in accordance with the order.
The Company accepts no liability in respect of failure to supply or other interruptions caused by matters beyond the reasonable control of The Company, including strikes, lockouts, civil disputes, acts of God, war or actions by third parties.
Notwithstanding any other provisions of this Agreement, nothing in this Agreement shall confer, nor is it intended to confer, a benefit on any third party (for the purposes of the Contract (Rights of Third Parties) Act 1999 or for any other purpose).
Goods purchased are subject to VAT at the UK rate of 20.0% within the European Union. Prices do not include any import tax or duty that may be liable in the recipient's country of residence.
Quotations are given on the assumption that no variation in the price will be made by the manufacturer/sole importer and that Government levies remain unaltered. In the event of such changes, the buyer shall be liable for the full cost thereof without notice from The Company. Buyers are hereby informed that calling down of smaller quantities of material than ordered may increase the overall price per unit, there being reduced economies of scale in order. The resultant additional cost shall be the buyers.
Unless otherwise stipulated within the sales invoice/order form, all accounts are strictly net and payable with order or otherwise in accordance with the terms of the trade buyer's credit account. Where default occurs in payment by the trade buyer, default interest shall become payable in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 at the maximum rate permissible there under or in accordance with the credit terms agreed or, where the buyer is a consumer, at 2% above the base rate of the Lloyds TSB Group PLC.
TITLE AND DELIVERY :-
Goods will normally be received within 28 days from acceptance of the order subject to any notified delays.
The buyer is required to notify The Company, in writing, of any shortage, mis-delivery or other discrepancy immediately, or at the latest within five days of such failure, thereafter the buyer shall be liable for any such discrepancy. Where delivery is affected to the buyers own delivery contractor, loss or damage in transit claims should be made directly to the carrier. The Company will assist purchasers in making their claim. Buyers should retain all packaging in the event of a claim or return within the terms of this agreement.
CANCELLATION OF ORDERS AND LIABILITY:-
A consumer buyer shall have the right to cancel any contract for goods made in accordance with these Terms and Conditions within seven days of delivery of the goods by giving written notice to The Company at SHY Auto Developments, New Yard, The Old Rectory Business Centre, Springhead Road,Northfleet, Kent, DA11 8HN. Special order goods may be subject to a surcharge.
If written notice of cancellation is received by The Company at SHY Auto Developments, The Old Rectory Business Centre, Springhead Road, Northfleet, Kent, DA11 8HN the consumer buyer shall become liable to return the goods to The Company forthwith, to such address as directed by The Company in their original packaging (and without having been installed or used and with all relevant seals and enclosures intact) and at the consumer buyer's sole expense.
If the consumer buyer fails to return the goods within 7 days of the cancellation of the contract, The Company shall be entitled to collect the goods from the consumer buyer and to recover any costs involved in such collection from the consumer buyer.
The Company shall then affect a refund of any monies owing to the consumer buyer in respect of the goods within 30 days from the date of cancellation of the contract. Such a refund will be subject to any set off of monies to which The Company is entitled.
Goods delivered to the buyer (including a trade buyer) may be returned to The Company in original packaging (and without being installed or used and with all relevant seals and closures intact) for credit within 7 days of receipt by the buyer, subject to a restocking charge of not less than 15% of the value of the order. Special order goods may be subject to a surcharge.
Without prejudice to the right of the consumer buyer to cancel, the buyer shall indemnify The Company against all actions, claims, demands, penalties and cost brought by or incurred by third parties or The Company in tort, contract, infringements of or alleged infringements of patents or registered designs or otherwise arising in connection with the goods or their delivery or unloading or with work done by The Company in accordance with the buyers specifications.
The buyer confirms that he shall comply with any or all rules relating to installation of the product concerned and fully accepts that any loss which results from forced, misdirected, inappropriate or unqualified installation shall not be accepted by The Company.
The conditions listed above do not affect the consumer buyer's statutory rights.
In this policy, 'you' and 'your' refer to the customer, 'we', 'us' and 'our' refer to SHY Auto Developments. and 'third party' and 'third parties' refer to all other persons, entities, services or companies other than the customer and SHY Auto Developments .
At SHY Auto Developments, we are committed to protecting your privacy. We use the information we collect about you to process orders and to provide ourselves with a meaningful customer profile database in order that we can keep the website relevant to you, our customer.
What information do we collect? How do we use it?
When you browse our site, we collect information about what you are searching for. This enables us to focus the site on products which are most sought after. This information is not given to any third parties.
When you send us an enquiry, we collate your information (if supplied) to build up a customer profile database. Again this helps us refine the site to offer goods most relevant to the majority of customers. This information is not given to any third parties.
When you place an order through us, we require your name, address, contact details, email address, car details and credit/debit card details.
Your name, address and contact details are given to suppliers and/or couriers as required enabling delivery of your purchase(s) to you.
Your email address is stored in our computer's address book and is used for order tracing and occasionally to inform you of important functionality changes of the website or of special offers.
Your car details are only used to enable us to identify the correct part for your car when purchasing a car-specific item.
Your credit card details are used to make the monetary transaction for your purchase(s), they are then destroyed and are not held by us on paper, computer or any other media.
How we protect customer information:-
When you place orders, we use secure sockets layer (SSL). This encrypts all information you supply whilst you are online in order that no third party can see your details. The order (with your sensitive data) is sent to us using a Personal Email Certificate to encrypt the email. This encrypted email can only be read by personnel at our offices. Furthermore, we are registered under the Data Protection Act and as required by the UK Data Protection Legislation, we follow strict security procedures in the storage and disclosure of information which you have given us, to prevent unauthorised access. Our security procedures mean that we may occasionally request proof of identity before we are able to disclose sensitive information to you.
Cookies are small text files stored by your device when you access most websites on the internet. We will use two types of cookies:
Session cookies - these expire when you close your browser and do not remain on your computer.
Persistent cookies - these are stored in the longer term on your computer. They are normally used to make sure the site remembers your preferences.
Please note that preventing cookies is likely to impact the functionality or performance of this Website, or prevent you from using certain services provided through it. If you choose to prevent cookies, we cannot guarantee access to the services provided through this Website or be sure how this Website will perform during your visit. Preventing cookies will also affect our ability to update this Website to cater for user preferences and improve its performance.
The types of cookies we currently use on this Website are set out below. The cookie categories are based on the category definitions contained in the International Chamber of Commerce UK Cookie guide
Cookie Category :-
Strictly necessary cookies are essential to enable you to move around this Website and use its features and/or services. These cookies allow this Website to provide services at the request of users.
This Website use strictly necessary cookies to:
•Identify you as being logged in to this Website
•Remember the goods and services you ordered when you get to the checkout page
•Remember things like information you've entered on order forms when you navigate to different pages during your session on this Website
•Remember things like service selections you have made which are essential for us to provide you with services you have requested
•Make sure you connect to the right service on our website when we make any changes to the way the website works
Performance cookies allow us to update this Website to cater for Website user preferences and improve performance. They collect information about how this Website is used, e.g. which pages users visit most often and where error messages are delivered. These cookies don't collect information that identifies individuals. All information is aggregated and therefore anonymous.
This Website use performance cookies to:
•Provide statistics on how this Website is used (including selections that you have made and goods and services that you have viewed, during your use of this Website)
Functional cookies allow this Website to remember choices you make, e.g. your user name, log in details and language preferences and any customisations you make to Website pages during your visit. They are necessary to provide features and services specific to individual users.
This Website use functional cookies to:
•Remember settings you've applied (such as layout, text size, preferences and colours)
•Remember selections you have made (such as search functions and results, and goods and services)
Targeting or advertising cookies These cookies collect information about your browsing habits in order to make advertising relevant to you and your interests, to help measure the effectiveness of advertising campaigns.
This website does not currently use any targeting/advertising cookies
We must supply some of your data to third parties in order that your order is fulfilled. We do not sell, trade or rent your personal information to others. We may provide aggregate statistics about our customers, sales, traffic patterns and related site information to reputable third-party vendors, but these statistics will include no personally identifying information.
Changes to this Policy:-
20/2/13 Black Diamond Front & Rear brake discs for both RX-8 & R3 models.
20/1/13 New products added to the Mazda 2, Mazda 3 & Mazda MX-5 catagories
6/1/13 Mazda 3 Exhaust & Suspension products added.
19/11/12 Mazda 2 products added