TERMS & CONDITIONS

Last Updated February 20, 2020

All orders are subject to these conditions of sale and the placing of an order by the customer shall be considered as acceptance of these conditions. Therefore it is your responsibility to read these terms and conditions to make sure you agree with their contents. If you have any questions or concerns about our policy, please contact us at info@proamracing.co.uk

We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the website and will be dated accordingly, it is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions.

DEFINITIONS

  1. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession.

  2. Customer means a natural person or entity with whom PRO-AM Racing Ltd has entered into the agreement or who is visiting the website shop.

  3. Contract means the legally-binding agreement, between you and us for the supply of the Goods.

  4. Good(s) means the goods advertised on the website that we supply to you of the number and description as set out in the order under the agreement.

  5. Product(s) means the products advertised on the website that we supply to you of the number and description as set out in the order under the agreement.

  6. Order means the customer’s order for the goods/product(s) from the supplier as submitted following the step by step process set out on the website.

  7. Order Form means an electronic document including a further specification of the goods/product(s) and/or with which an order for the goods/product(s) is placed or with which the goods/product(s) are ordered or reserved.

  8. Agreement means the agreement made between PRO-AM racing Ltd and the customer to supply the goods/product(s) ordered on the website shop.

  9. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the website.

  10. Website means our website www.proamracing.co.uk on which the goods/product(s) are advertised.

  11. Intellectual Property Rights means all intellectual property rights and related rights, such as copyright, the right to a trademark, patent law, model rights, trade name rights, databank rights and related rights.

  12. The Company, Seller, Us, We means PRO-AM Racing Ltd

 

BASIS OF SALE

  1. The order process is set out on the website. Each step allows you to check and amend any errors before submitting the order. It is you responsibly to check that you have used the ordering process correctly.

  2. A contract will be formed for the sale of goods/product(s) ordered only when you receive an email from us confirming the order (order confirmation). You must ensure that the order confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the order placed by you. By placing an order you agree to us giving you confirmation of the contract by means of an email with all information in it.

  3. Whether or not you receive the e-mail, our acceptance of your order will create a legally binding contract between us.

  4. No variation of the contract, whether about description of the goods/product(s), fees or otherwise, can be made after it has been entered into unless the variation is agreed between the customer and us in writing.

  5. When an order has been submitted on the website, we reserve the right to reject it for any reason, although we will tell you the reason without delay.

PRICE & PAYMENT

  1. The customer will pay the price mentioned on the order form for the goods/product(s) ordered through our website shop at the date of the order or such other price as we may agree in writing.

  2. Prices and charges include VAT at the applicable rate applicable at the time of the order.

  3. You must pay by submitting your credit or debit car details with your order and we can take payment immediately or otherwise before delivery of the goods.

DELIVERY

  1. Delivery times and/or delivery dates stated will never apply as strict deadlines, and shall not amount to any contractual obligation to deliver at the time stated, unless agreed otherwise in writing.

  2. Upon payment, goods/product(s) will be sent to the customer by post at the address that has been made known to the Company. Title in the products will transfer after full payment of the products by customer.

  3. It is the customer’s responsibility to ensure all deliveries are checked for damage before signing for acceptance of the goods. Once goods are signed for as ‘accepted’ the Company will not admit any liability for damage.

  4. We must be notified of any shortages within 24 hours from the time of delivery, failing which no liability will be admitted. Please keep all packaging and contents for inspection purposes.

  5. If you find that any of our products have arrived faulty or damaged, we will endeavour to exchange the product or issue a refund. Goods must be returned to the Company as per the conditions outlined below, and within 14 days of receipt.

  6. You agree we may deliver the goods in installments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.

  7. The Company will accept no liability for direct or consequential loss or costs incurred, due to delay in delivery, or any missing, faulty or incorrect parts received.

  8. These Terms & Conditions should be read alongside, and are in addition to our Delivery Policy outlined separately.

  9. The customer will be deemed to have taken due note of the delivery policy outlined on this website at: https://www.proamracing.co.uk/delivery-returns

CANCELLATIONS & RETURNS

  1. You can cancel your order at any time prior to the goods being shipped to you. However, we do reserve the right to charge for any expenses incurred in the processing of your order.

  2. You have up to 14 days from receipt of goods to return any item(s) from your order.

  3. Return of orders placed in error or are unwanted will be considered for a further 2 weeks but these will be subject to a 10% handling fee

  4. Regardless of the return reason, the buyer is responsible for return postage. On Item(s) that have been ordered in error or are unwanted, the buyer is also responsible for the initial postage costs.

  5. We will notify you via email of your refund once we’ve received and processed the returned item(s).

  6. We will authorise a credit to the account used to make the purchase via the original payment method, and we aim to credit your account within 7 days of the product return.

  7. These Terms & Conditions should be read alongside, and are in addition to our Cancellations and Returns Policy outlined separately.

  8. The customer will be deemed to have taken due note of the cancellation & returns policy outlined on this website at: https://www.proamracing.co.uk/delivery-returns

GOODS

  1. The description and forwarding specifications of the goods is as set out in the website, catalogues, brochures or other form of advertisement. Any description and pictures shown are for illustrative purposes only and there may be small discrepancies in the appearance and colour of the goods / packaging supplied. These shall not form part of the contract.

  2. In the case of any goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.

  3. All goods/product(s) which appear on the website are subject to availability.

  4. We can make changes to the goods/product(s) which are necessary to comply with any applicable law or safety requirement.

  5. We may withdraw or modify any design or specification of the goods/product(s) at any time without notice to the customer.

 

GUARANTEE

  1. PRO-AM Racing Ltd guarantees to the customer that when used normally and correctly, the products are free from defects with regard to their material or workmanship. In the event that the product is delivered damaged, defect or there is a shortage in the goods and the customer gives due notice under the conditions above and returns the damaged or defect goods to the Company, the Company will endeavour to exchange the product or (at the Company's discretion) issue a refund to the amount attributable to those goods.

  2. The products have been manufactured to a high standard and have passed various computational and physical tests. In order to maintain the high quality of the products, we strongly recommend that a professional with suitable experience installs our products, and that the products are subjected to periodical maintenance. Installation and maintenance should be performed as per the guidelines of the Company as described in the build guides provided together with the product.

  3. It is the customer’s responsibility to complying with the instructions supplied. The incorrect installation, incorrect use, poor maintenance and / or alterations or repairs carried out by the customer or other third parties may have a negative effect on the quality of the products. The Company is not liable for any loss of quality in the products caused as a result hereof.

WARRANTY & DISCLAIMER

  1. Customers acknowledge and accept that due to the varied operative and environmental conditions under which our (competition use) racing parts and equipment, manufactured and/or sold by the Company, are exposed and the diverse manner in which they can be installed, such products may be subjected to use under extreme conditions which may exceed the design limits and controls as set by the Company. Thus the life expectancy and part durability may be greatly reduced and customers should note that any claim for failure/wear, shall not be entertained by the Company.

  2. Customers recognise they are relying on their own skill or judgment, and not that of the Company, to select and purchase suitable goods/product(s) or equipment for their required purpose.    

  3. The Company makes no warranties whatsoever, expressed or implied, oral or written, to customers. There is no warranty of merchantability made to customers. The Company further excludes any implied warranty of fitness with respect to racing and equipment, any and all inventory, and service

  4. The Company produces (competition use) racing goods/product(s) solely for motorsport use, and as such increased noise, vibration or harshness (NVH) levels can be observed from within the cockpit of the vehicle fitted with our goods/product(s). Therefore there is no warranty, expressed or implied, oral or written relating to NVH issues found by using our goods/product(s).

  5. Whilst every care is taken at all stages of manufacture, the Company will not accept any responsibility, and will not be liable, for subsequent costs or expenses incurred as a result of the use or fitting of the Company's goods/product(s).

  6. It is acknowledged by the customer of such goods/product(s) that the foregoing statements shall be a relevant and important issue in any claim brought against the Company and the Company shall, in turn, place importance upon these clauses.

INTELLECTUAL PROPERTY

  1. All rights in and to the Content of the website belong to us, and are protected by the Intellectual Property laws of the UK, US and other countries.

  2. These web pages are Copyright © of PRO-AM Racing Ltd with all rights reserved. You may use the sites and the content solely for your own personal use and benefit and not for resale or other transfer or disposition to any other person or entity. You may not use, reproduce, modify, transfer, exploit, distribute or dispose of any content for any commercial purposes, whether direct or indirect, in any manner that might compete with our business.

  3. Many of the Company's products are subject to patents, registered designs, copyright, or other intellectual property rights in the United Kingdom and abroad. Action will be taken against imitators to protect the Company's rights.

PERSONAL INFORMATION & REGISTRATION

  1. When registering to use the website you must setup a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.

  2. We retain and use all information strictly under the Privacy policy.

  3. We may contact you by using email or other electronic communication methods and by pre-paid post and you expressly agree to this.

PRIVACY

  1. Here at PRO-AM Racing Ltd we take your privacy seriously. We respect your privacy and comply with the General Data Protection Regulation with regards to your personal information.

  2. Where you supply personal data to us so we can provide goods to you, and we process that personal data in course of providing the goods to you, we will comply with our obligations imposed by the Data Protection laws.

  3. These Terms & Conditions should be read alongside, and are in addition to our Privacy Policy outlined separately.

  4. The customer will be deemed to have taken due note of the privacy statement outlined on this website at https://www.proamracing.co.uk/privacy-policy and to agree to the processing of his/its personal details described therein.

FORCE MAJEURE

  1. In the event of any delay or failure in compliance of our obligations as the seller caused for any reason whatsoever beyond the our reasonable control (including war, invasion, act of foreign enemy hostilities, civil war or strife, rebellion, strikes, lockouts or other industrial disputes or actions, fire, flood, epidemic, pandemic, earthquake, explosion, decision of any court or other judicial body of competent jurisdiction, acts of God, acts of governments or other prevailing authorities or defaults of third parties) (“Force Majeure Event”) then such non-performance will be deemed not to constitute a breach of the General Conditions and/or Agreement, and the seller shall be relieved of any liabilities incurred.

  2. Should any Force Majeure Event continue for more than two months then Customer may terminate this agreement with immediate effect.

 

LIABILITY

  1. To the extent permitted by law, PRO-AM Racing Ltd accepts no liability for any loss, damage or injury arising as a consequence of any advice provided by the Company and its employees.

  2. The Company does not exclude liability for any fraudulent act or omission; or death or personal injury caused by negligence or breach of the Company’s other legal obligations. Subject to this, the Company is not liable for loss which was not reasonably foreseeable to both parties at the time when the contract was made.

 

APPLICABLE LAW & JURISDICTION

  1. The contract (including any non-contractual matters) is governed by the law of England.

  2. The law of England shall apply and the English courts shall have sole jurisdiction on respect of any claim or dispute in any way arising from the sale of goods or the supply of services under these terms by the Company to any customer in any part of the world. But the Company shall be entitled to institute legal proceedings for the recovery of monies due to the Company in any appropriate court in the country in which the goods have been exported