This Policy applies as between you, the User of this Website and MOTORBIKES 4 ALL LIMITED the owner and provider of this Website. This Policy applies to our use of any and all Data collected by us in relation to your use of the Website.
In this Agreement the following terms shall have the following meanings:
"Data" means collectively all information that you submit to the MOTORBIKES 4 ALL LIMITED via the Website. This definition shall, where applicable, incorporate the definitions provided in the Data Protection Act 1998;
"Cookie" means a small text file placed on your computer by this Website when you visit certain parts of the Website and/or when you use certain features of the Website. Details of the cookies used by this Website are set out in Clause 12;
" MOTORBIKES 4 ALL LIMITED " means MOTORBIKES 4 ALL LIMITED,TWS HOUSE, SPRING LANE NORTH, MALVERN, WORCESTERSHIRE, WR141BU;
"UK and EU Cookie Law" means the Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended by the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011;
"User" means any third party that accesses the Website and is not employed by MOTORBIKES 4 ALL LIMITED and acting in the course of their employment; and
"Website" means the website that you are currently using (www.motorbikes4all.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions.
Scope
of this Policy
This Policy applies only to the actions of MOTORBIKES 4 ALL LIMITED and Users with respect to this Website. It does not extend to any websites that can be accessed from this Website including, but not limited to, any links we may provide to social media websites.
Without limitation, any of the following Data may be collected by this Website from time to time:
o 3.1. name;
o 3.2. date of birth;
o 3.3. gender;
o 3.4. job title;
o 3.5. profession;
o 3.6. contact information such as email addresses and telephone numbers;
o 3.7. demographic information such as post code, preferences and interests;
o 3.8. financial information such as credit / debit card numbers
o 3.9. information on motorcycles you own;
o 3.10. IP address (automatically collected);
o 3.11. web browser type and version (automatically collected);
o 3.12. operating system (automatically collected);
o 3.13. a list of URLs starting with a referring site, your activity on this Website, and the site you exit to (automatically collected);
o 4.4.4. contact for market research purposes which may be done using email, telephone, fax or mail. Such information may be used to customise or update the Website.
o 4.4.3. transmission by email of promotional materials that may be of interest to you;
o 4.4.2. improvement of our products / services;
o 4.4.1. internal record keeping;
o 4.4 Any or all of the above Data may be required by us from time to time in order to provide you with the best possible service and experience when using our Website. Specifically, Data may be used by us for the following reasons:
o 4.3. All personal Data is stored securely in accordance with the principles of the Data Protection Act 1998. Fore more details on security see Clause 11 below.
o 4.2. Unless we are obliged or permitted by law to do so, and subject to Clause 5, your Data will not be disclosed to third parties. This does not include our affiliates and / or other companies within our group.
o 4.1. Any personal Data you submit will be retained by MOTORBIKES 4 ALL LIMITED for 12 months.
o 5.1. MOTORBIKES 4 ALL LIMITED may, from time to time, employ the services of other parties for dealing with matters that may include, but are not limited to, payment processing, delivery of purchased items, search engine facilities, advertising and marketing. The providers of such services have access to certain personal Data provided by Users of this Website.
o 5.2. Any Data used by such parties is used only to the extent required by them to perform the services that MOTORBIKES 4 ALL LIMITED requests. Any use for other purposes is strictly prohibited.
Changes
of Business Ownership and Control
o 7.1. MOTORBIKES 4 ALL LIMITED may, from time to time, expand or reduce our business and this may involve the sale and/or the transfer of control of all or part of MOTORBIKES 4 ALL LIMITED. Data provided by Users will, where it is relevant to any part of our business so transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this Policy, be permitted to use the Data for the purposes for which it was originally supplied to us.
o 7.2. In the event that any Data submitted by Users is to be transferred in such a manner, you will not be contacted in advance and informed of the changes.
o 8.1.1. use of Data for direct marketing purposes; and
o 8.1.2. sharing Data with third parties.
You have the right to ask for a copy of any of your personal Data held by MOTORBIKES 4 ALL LIMITED as well as a right to request corrections, blocking of and deletion of the Data. You also have the right to revoke any given permissions at all times. We store the contract's content and will send you the details of your order as well as our general terms via e-mail. You can find the terms here at all times. The details about your recent orders can be found in your customer login area.
Data security is of great importance to MOTORBIKES 4 ALL LIMITED and to protect your Data we have put in place suitable physical, electronic and managerial procedures to safeguard and secure Data collected via this Website.
|
Name of Cookie |
Purpose |
Strictly Necessary |
|
PHPSESSID |
Session related cookies |
Yes |
|
ls_* |
Session related cookies |
Yes |
|
cart |
Stores contents of basket |
Yes |
|
wishlist |
Stores contents of wishlist |
Yes |
|
free |
Stores list of free items in your basket |
Yes |
|
referral |
Stores URL of referring website if any |
No |
|
ref_terms |
Stores any search phrases entered to find our website if you used a search engine |
No |
|
affiliate |
Stores ID of referring affiliate if any |
No |
|
partner_skin |
Used for custom styling of our website |
No |
|
campaign |
Stores ID of referring email campaign if any |
No |
|
mc_selected |
Tracks the currently selected motorcycle model on our bike specific feature |
No |
|
auto_fill |
Allows our website to remember your login details for your convenience |
No |
|
and the following third party Cookies may be placed on your computer: Name of Cookie |
Purpose |
Provider |
|
N/A |
N/A |
N/A |
o 12.6. This Website uses analytics services provided by Google. Website analytics refers to a set of tools used to collect and analyse usage statistics, enabling us to better understand how Users use the Website. This, in turn, enables us to improve the Website and the products and services offered through it. You do not have to allow us to use these Cookies, as detailed below, however whilst our use of them does not pose any risk to your privacy or your safe use of the Website, it does enable us to continually improve our business.
o 12.7. The analytics services used by this Website use Cookies to gather the required information. Certain of these Cookies may be placed immediately when you decide to visit the Website and it may not be possible to obtain your prior consent. You may remove these Cookies and prevent future use of them by following the steps set out below.
o 12.8. The analytics services used by this Website use the following Cookies:
|
Name of Cookie |
1st/3rd |
Purpose |
Provider |
|
__utmz, __utmc, __utmb, __utma |
1st |
Helps us analyse visitor usage |
Google Analytics |
o 12.11 It is recommended that you ensure that your internet browser is up-to-date and that you consult the help and guidance provided by the developer of your internet browser if you are unsure about adjusting your privacy settings.
o 12.10 You can choose to delete Cookies at any time however you may lose any information that enables you to access the Website more quickly and efficiently including, but not limited to, personalisation settings.
o 12.9 You can choose to enable or disable Cookies in your internet browser. Most internet browsers also enable you to choose whether you wish to disable all cookies or only third party cookies. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser.
MOTORBIKES 4 ALL LIMITED reserves the right to change this Policy as we may deem necessary from time to time or as may be required by law. Any changes will be immediately posted on the Website and you are deemed to have accepted the terms of the Policy on your first use of the Website following the alterations.
This page (together with the documents expressly referred to on it) tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (our site) to you.
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it.
By ordering Products through our site you are deemed to have accepted these Terms. You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 7. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.
Information
About Us
o 1.1 We operate the website www.motorbikes4all.com We are MOTORBIKES 4 ALL LIMITED, a company registered in England and Wales under company number 08451071 and with our registered office at TWS HOUSE, SPRING LANE NORTH, MALVERN, WORCESTERSHIRE, WR141BU. Our VAT number is GB109304834.
o 1.2 To contact us, please see our Contact Us page.
o 2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
o 2.2 Although we have made every effort to be as accurate as possible all sizes, weights, capacities, dimensions and measurements indicated on our site have a 2% tolerance.
o 2.3 The packaging of the Products may vary from that shown on images on our site.
o 2.4 All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
Your use of our site is governed by our TERMS OF USE. Please take the time to read these, as they include important terms which apply to you.
We only use your personal information in accordance our privacy policy. For details, please see our privacy policy. Please take the time to read these, as they include important terms which apply to you.
Consumer Terms
o 5.1 You may only purchase Products from our site if you are at least 18 years old
o 5.2 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
o 6.1 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
o 6.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 6.3.
o 6.3 We will confirm our acceptance to you by sending you an e-mail (Order Confirmation). The Contract between us will only be formed when we send you the Order Confirmation.
o 6.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
o 7.1 We may revise these Terms from time to time in the following circumstances:
o (a) changes in how we accept payment from you;
o (b) changes in relevant laws and regulatory requirements;
o (c) where it is reasonably necessary, we may change the courier/postal service selected by you for delivering the Products to a different courier/postal service provided that they deliver a materially similar service to the one selected by you.
o 7.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
o 7.3 Whenever we revise these Terms in accordance with this clause 7, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
o MOTORBIKES 4 ALL LIMITED aims to always provide high quality Goods that are fault free and undamaged. On occasion however, Goods supplied by us may need to be returned and such returns are governed by these Terms and Conditions. As a consumer, you will always have legal rights in relation to goods that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 8. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
o 8.3 If you receive Goods that you have purchased from us which do not match those that you ordered and you do not wish to accept those Goods, we will subject to clause 8.5 either replace those Goods with those ordered (if available) or refund to you the price that you paid for those Goods through the payment method used by you when purchasing those Goods.
o 8.4 If any Goods you have purchased from us are faulty and you do not wish to accept those Goods, we will subject to clause 8.5 and 8.6 either repair those defective Goods, replace them (if replacements are available), or otherwise refund to you the price that you paid for those defective Goods through the payment method used by you when purchasing those Goods.
o 8.5 Any replacement or refund of Goods under either clauses 8.3 or 8.4 are subject to you:
o (a) informing us promptly on discovery that the relevant Goods are mis-described or faulty;
o (b) giving us reasonable opportunity to examine those Goods; and
o (c) returning those Goods and all packaging and documentation supplied with them to us at our expense or otherwise allowing us to collect those Goods from you.
o you repairing or altering the Goods without our prior written consent,
o 8.6 We will not be liable for any fault in any Goods to the extent permitted by law where that fault is the result of:
o (a) fair wear and tear arising from the use of the Goods or wilful damage to the Goods after delivery of them to you or for any damage caused by your negligence;
o (b) your failure to comply with our or the Goods' manufacturer's reasonable instructions supplied or included with the Goods as to storage, installation, commissioning, use or maintenance;
o or if you use those Goods having notified us of the fault in them.
o 8.7 It is your responsibility to check that the Goods that you receive from us are:
o (a) the item(s) that you ordered; and
o (b) that there is no obvious fault with the Goods,
o and, as such, we are not responsible for any costs incurred by you in respect of any fitment or incorporation of any Goods into anything after delivery of them to you should you fail to fulfil your obligations under this clause in respect of those Goods. However, nothing in this clause 8.7 shall limit your legal rights in relation to Goods we have provided to you that are faulty or mis-described.
o 8.8 In addition to your rights under clauses 8.1, 8.3 and 8.4 and other than in circumstances set out in clause 8.9, if you are unhappy with any Goods that you have purchased from us for any reason or you change your mind, you may return them to us at your own cost within 365 calendar days of delivery of them to you. We will then refund to you the price you paid for those Goods or, if you request, offer to exchange those Goods.
o 8.9 We reserve the right to exercise discretion with respect to any return of Goods pursuant to clause 8.8 and may refuse to accept returns under that clause or, if we elect, reduce the price that we refund to you under that clause where:
o (a) the Goods have been damaged or become worn after delivery of them to you;
o (b) you have incorporated or fitted the Goods into any other item
o (c) those Goods consist of audio or video recordings or computer software supplied in sealed packaging and the packaging for those Goods have been opened on or after delivery of them to you;
o (d) those Goods have been purchased at a discounted price to take into account any damage to, or lack of quality of, those Goods;
o (e) you have used those Goods for business or commercial purposes without our prior written consent;
o (f) you make alterations or repairs to those Goods without our written consent; or
o (g) we believe that you are trying to abuse our system for returning Goods,
o although nothing in this clause shall limit your legal rights in relation to any Goods provided to you that are faulty or not as described.
o 8.10 Where the return of Goods by you is made under clause 8.8:
o (a) we reserve the right to charge you the costs incurred by us in relation to the delivery of the Goods to you and return of those Goods to us; and
o (b) and the Goods were purchased by you using finance, we reserve the right to either:
· (i) charge the costs incurred by us in respect of the arrangement and administration of that finance. These costs will vary depending on the amount and length of the finance arrangement; or
· (ii) instead of issuing a refund, issue you with a store credit for the value of the Goods being returned, such credit to be used within 12 months of this credit being issued to you.
o 8.11 If you wish to return any Goods to us for any reason please contact us via EMAIL to make the appropriate arrangements.
o 8.12 Under The Consumer Regulations 2013 you have the right to cancel your order as long as you do so no later than 14 days after the day on which you receive the goods or service. However, this right to cancel your order does not apply to Goods which are:
o (a) made-to-measure or custom-made or otherwise made to your specification or clearly personalised;
o (b) newspapers, periodicals or magazines;
o (c) perishable goods, such as food or drink; or
o (d) software, DVDs or CDs which have a security seal which you have opened or unsealed.
o 8.13 Following cancelling an order under clause 8.12, we shall reimburse you any sums that you paid for the Goods in question as soon as possible and, in any case, within 30 calendar days of the day on which you gave us written notice of cancellation, less our reasonable costs of recovering the Goods if you fail to pay the costs of returning those Goods to us and subject to you taking reasonable care of the Goods until they are returned to us. If you cancel an order for Goods which we have already processed for delivery, you must not unpack the goods when they are received by you.
o 8.14 If you have cancelled your order under clause 8.12 and the Goods were delivered to you:
o (a) you must return the relevant Goods to us as soon as reasonably practicable. If the Goods require collection, we will collect them from the address to which they were delivered. We will contact you to arrange a suitable time for collection;
o (b) you will be responsible for the cost of returning the Goods to us or, where relevant, the cost of us collecting the Goods from you; and
o (c) you have a legal obligation to keep the Goods in your possession and to take reasonable care of the Goods until returned to or collected by us.
o 8.15 Details of your legal right to cancel and an explanation of how to exercise it are provided in the Order Confirmation
o 9.1 Your order will be fulfilled by the estimated delivery date set out in the Order Confirmation, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
o 9.2 Delivery will be completed when we deliver the Products to the address you gave us.
o 9.3 If no one is available at your address to take delivery, the courier/postal service should normally leave you a note that they have attempted to deliver the Products. It is your responsibility to re-arrange delivery or otherwise collect the Products from the relevant courier/postal service.
o 9.4 The Products will be your responsibility from the completion of delivery.
o 9.5 You own the Products once we have received payment in full, including all applicable delivery charges.
o 10.1 We can deliver Products to countries outside of the United Kingdom (International Delivery Destinations). However there are sometimes restrictions on some Products for certain International Delivery Destinations and it is your responsibility to check what restrictions may apply before ordering any Products. We do not accept any responsibility for any such restrictions that may apply to the Products that you have ordered.
o 10.2 If you order Products from our site for delivery to an International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
o 10.3 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
o 10.4 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
o 11.1 The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 11.5 for what happens in this event.
o 11.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with an Order Confirmation.
o 11.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
o 11.4 The price of a Product does not include delivery charges unless otherwise stated on our site. Our delivery charges are as quoted when placing your order. To check relevant delivery charges, please refer to your Order Confirmation.
o 11.5 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
o 12.1 You can only pay for Products using a debit card, credit card or in some cases Paypal. We accept the following cards: Visa, Mastercard, Maestro, JCB and American Express.
o 12.2 Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order.
o 13.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
o 13.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
o 13.3 To the extent permitted by law, we do not accept any liability for any failure or fault in any Products arising as a result of you adapting or modifying such Products in any way.
o 13.4 We do not in any way exclude or limit our liability for:
o (a) death or personal injury caused by our negligence;
o (b) fraud or fraudulent misrepresentation;
o (c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
o (d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
o (e) defective products under the Consumer Protection Act 1987.
o 14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 14.2.
o 14.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
o 14.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
o (a) we will contact you as soon as reasonably possible to notify you; and
o (b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
o 15.1 When we refer, in these Terms, to "in writing", this will include e-mail.
o 15.2 To cancel a Contract in accordance with your legal right to do so as set out in clause 8, you must contact us via email or by sending a letter to Returns Department, Motorbikes 4 All Limited, TWS house, Spring lane North, Malvern, Worcestershire, WR141BU . You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
o 15.3 If you wish to contact us in writing for any other reason, you can do this by contacting us via email or by pre-paid post to the addresses set out in clause 15.2 above.
o 15.4 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
o 16.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this webpage if this happens.
o 16.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
o 16.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
o 16.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
o 16.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
o 16.6 Please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
o 16.7 We will not file a copy of the Contract between us.