All Products in this catalogue are sold subject to the Terms and Conditions set out below. Nothing mentioned in these Conditions affects your statutory rights.
In these Terms and Conditions, the words and expressions below have the following meanings:
• 'Distance Selling' means orders made exclusively by telephone, fax, e-mail, mail order or on our Website.
• 'Product(s)' means any Mega Motorcycle product(s).
• 'we', 'us', 'our' means Motorcycle Mega Stores Limited, United Kingdom VAT Registration 129670696
• you', 'your' means the customer.
• Website means www.megamotorcyclestore.co.uk
Basis of Sale
• All orders that you place on the Website will be subject to acceptance in accordance with these terms and conditions. Your order becomes binding once we have accepted it. It is your responsibility to check that all details of your order, such as specifications, measurements, dimensions, product features, access and delivery, are correct and suitable to your requirements prior to placing your order.
• Please follow the onscreen instructions taking you through the process of placing an order on the website. You place the order for your products by pressing "Proceed to Checkout" on the "Your Shopping Cart", and in doing so you offer to buy the Goods at the prices indicated as well as any applicable delivery charges.
• An order acknowledgement email will be sent to you detailing the products you have ordered. Please note that this email is merely an acknowledgement of your order and not an acceptance or confirmation of your order by Mega Motorcycles.
• The acceptance of your order will take place on dispatch of the products. Once we have accepted your order it becomes binding, subject to your rights of cancellation. Non-acceptance of an order by us will occur if: the ordered product is out of stock or unavailable; we identify a pricing or product description error; or we are unable to obtain authorisation for your payment.
• We reserve the right to withdraw any Products from this Website at any time and/or remove or edit any materials or content on this Website. We may suspend or refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion.
• To be eligible to purchase Products on this Website and lawfully enter into and form contracts on this Website under English law you must: be over 18 years of age; register by providing your real name, phone number, email address, payment details and other requested information; provide a valid delivery address in the United Kingdom; (Please note that PO box numbers, hotels and temporary accommodation addresses are not acceptable). and possess a valid credit or debit card issued by a bank acceptable to us.
• Please note that any order placed from Isle of Man, Jersey, Guernsey, and any other countries outside the United Kingdom (except France, Italy, Switzerland, Austria and Germany) are not valid.
Defect and Damage
• On delivery, it is your responsibility to inspect and report to Mega Motorcycles any visible damage/defect to the Products and to your property. Do not leave products wrapped and unchecked. All visible damage should be reported within a reasonable timeframe, we consider this to be within 3 days of delivery. If you believe our Products are of an unsatisfactory quality, please contact Mega Motorcycles as soon as reasonably possible and treat the Product with care while your claim is being investigated.
Please read Delivery in conjunction with these terms and conditions before placing your order.
• All parcels must be signed for and acknowledged on delivery.
• If no one is available to accept delivery, we will attempt another delivery and hold your parcel for up for 7 days.
• If we are unable to deliver after 7 days, we will consider the delivery as failed and your parcel will be returned to Mega Motorcycles.
• On receipt of a failed delivery, Mega Motorcycles shall refund the order value less the delivery charge.
Risk of Damage and Title in Property
We bear the risk of loss or damage to the Products until they are delivered. The Products will only belong to you once payment has been made in full. Until full payment is received, we may ask you to return the Products to us at any time. If you return the Products to us for any reason, they will become our property and our risk when we receive them.
Product Descriptions, Features and Specifications
Every effort is taken to ensure that the Products supplied correspond as closely as possible to the samples in our stores, Website and catalogue, but they may vary due to unique and characteristic variations of natural materials. We are not responsible for any such variations, which add to the unique quality of the Product, including but not limited to the following:
• Product colour and shade may vary from one manufacturing batch to another.
• Leather is a natural material with unique characteristics such as shade variation, random scars and blemishes,
• We reserve the right to make any changes to the Product specifications (external and/or internal) and any other changes where necessary.
• Please check the details of the Products shown in any of our promotional publications or offers before ordering, as Products may vary from the Products shown in our catalogue, Website or stores.
• Product specifications will vary from range to range as reflected in the design and price, however, all our Products are manufactured to the same high quality standards.
Prices and Payment
• Prices include VAT and exclude delivery charges unless otherwise stated
• All prices are correct at time of entering but may change due to in advertent administrative errors or circumstances beyond our control, such as any variations to the rate of VAT.
• We reserve the right to reject any offer to purchase from a customer for any reason.
• You confirm that the credit, debit or store card that is being used is yours.
• All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery.
• The total amount you pay is the same regardless of the payment method.
We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was uploaded onto the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted. Please note that in the event that an error is identified non-acceptance of an order by us may occur, subject to your statutory rights.
Unless specifically provided, we make no representations whatsoever about any other websites which you may access through our website or which may link to our website. When you access any other website you understand that it is independent from us and that we have no control over the content or availability of that website. In addition, a link to any other site does not mean that we endorse or accept any responsibility for the content, or the use of, such a website and shall not be liable for any loss, damage or offence caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master.
Amendments to these Terms & Conditions
We reserve the right to amend these terms and conditions at any time. Any such amendments will take effect when posted on the Website and it is your responsibility to read the terms and conditions on each occasion you use the Website and your continued use of the Website shall signify your acceptance to be bound by the latest terms and conditions.
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.
Liability and Warranties
• Nothing in the terms and conditions in any way limits our liability for death or personal injury caused by our negligence or by fraud.
• We shall not be liable for any economic losses (including without limitation loss of profits, revenue, business, contracts, management time, data or anticipated savings) nor for any loss of goodwill or reputation nor for any indirect loss whether arising in contract or tort (including negligence) or pre-contractual or other representations (except for fraudulent or negligent misrepresentation) or otherwise even if advised of the probability of such damage or where it was foreseeable. Except in the event of death or personal injury, in no event shall our liability under these terms and conditions exceed the amount paid or payable by you for the Products or Goods. This does not affect your statutory rights as a consumer, nor does it affect your rights of cancellation.
• We shall take all reasonable precautions to keep the details of your order and payment secure, except where we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
Data Protection and Privacy
• In addition to allowing us to check your creditworthiness and process your orders, the personal data you submit, and our records of your visits to the Site, will be used to monitor and improve our service to you, and for marketing purposes. We may send you, brochures, leaflets and catalogues displaying our products and services, and may telephone you in order to tell you of promotional offers, to discuss account details or for market research.
• We will respect the privacy of your personal data, and will comply with all relevant and current data protection legislation. We will not disclose your personal data to anyone, unless required to do so by a court of competent jurisdiction.
• If you wish to update or delete your personal information or if you prefer that we do not email you to tell you of promotional offers. Please write to us at Motorcycle Mega Stores Ltd, Unit D, Athena Avenue, Elgin Industrial Estate, Swindon. SN2 8EJ.
• To proceed with your order, we have to process and store your data, and provide your data to third parties who are directly involved with your order, e.g. our carriers. By placing an order with us, you agree to your data being processed by Motorcycle Mega Stores Ltd. If you do not wish to receive information about Motorcycle Mega Stores Ltd Products and services, or do not wish us to pass your information to carefully selected companies whose products we believe may be of interest to you please write to us at Motorcycle Mega Stores Ltd, Unit D, Athena Avenue, Swindon. SN2 8EJ.
Risk and Title
All title, ownership and risk to the ordered Products will pass to you when they have been delivered to you. Once the Products have been delivered to you they will be held at your own risk and we will not be liable for them.
You confirm that, in agreeing to accept these terms and conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these terms and conditions and you agree that you shall have no remedy in respect of any representation.
If any provision contained in these terms and conditions is considered by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other terms and conditions which shall remain in full force and effect.
You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party without our written consent. We reserve the right to transfer, assign, novate or subcontract any of our rights or obligations under these terms and conditions or any related contract to any third party.
A failure by us to exercise or enforce any right conferred upon us by these terms and conditions shall not be deemed to be a waiver of such right or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.
Dealing as a Business
These terms and conditions only apply if you are dealing with us as a consumer.
The laws of England and Wales govern these Conditions and all disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.
The staff at Motorcycle Mega Stores Ltd have a right to work in a non-threatening environment at all times. We reserve the right to refuse sale of any Products, services and/or contact with any individual or company who displays threatening behaviour towards our staff.
LAW and JURISDICTION
Mega Motorcycle Store is a trading name of Motorcycle Mega Stores Ltd.
Registered office: Unit D, Athena Avenue, Elgin Industrial Estate, Swindon. SN2 8EJ”
Registered in England & Wales reg. no. 07959075.
VAT registration number: 129 6703 96
Contact details: tel 01793 496464, email firstname.lastname@example.org
If you are dissatisfied with the service you receive from us, please write to us at Unit D, Athena Avenue, Elgin Industrial Estate, Swindon. SN2 8EJ.
You can also telephone us on 01793 496464. We will try to put you through to the appropriate member of staff. Sometimes it takes a while and they may need to ask for more information. This is to help you.
We aim to respond to you within 20 working days.
If it is not possible to give you a full reply within this time (for example, if your complaint requires more detailed investigation), we will tell you what is being done and when you can expect a full response.
We will acknowledge where things could have been done better, and tell you what will be done to avoid the same thing happening again. Equally, if we do not uphold your complaint, we will let you know why.
Our response to you will include details of what to do if you believe your complaint has not been dealt with properly. You should start by contacting us again, asking for your complaint to be passed on to a more senior member of staff.