Terms & Conditions - Grand Prix Racewear

GRAND PRIX RACEGEAR LTD - TERMS OF SALE

Please read these terms of sale carefully.

You will be asked to expressly agree to these terms of sale before you place an order for products from our website.

1. Interpretation

In these terms of sale, “we” means Grand Prix Racegear Ltd (and “us” and “our” will be construed accordingly); and “you” means our customer or potential customer for products (and “your” will be construed accordingly).

2. Order process

The advertising of products on our website constitutes an “invitation to treat”; and your order for products constitutes a contractual offer. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.

In order to enter into a contract to purchase products from us, you will need to take the following steps:
(i) you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout; (ii) if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details; (iii) once you are logged in, you must select your preferred method of delivery and confirm your order and your consent to these terms of sale; (iv) you will be transferred to our secure payments website which will handle your payment, payment details will be captured but no payment will be taken at this point; (v) we will then send you an initial acknowledgement; and (vi) once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) in which we will confirm our ability to supply the required products and all delivery and shipping costs, we may at this point take a deposit payment if all items are not available for immediate despatch, we will seek confirmation by email or phone prior to taking this payment, alternatively we will confirm by email that we are unable to meet your order. (vii) when your complete order is available for despatch payment for the outstanding balance of the invoice total will be processed.

We will not file a copy of these terms of sale specifically in relation to your order. We may update the version of these terms of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these terms of sale for your records.

The only language in which we provide these terms of sale is English.

Before you place your order, you will have the opportunity of identifying whether you have made any input errors by seeing a summary of your order in the basket. You may correct those input errors before placing your order by editing the items therein.

3. The products

Our product range comprises racewear, helmets, electronics, parts, components, and accessories for use on competition vehicles, their suitability for the intended application is the responsibility of the purchaser. We do not warrant any of our products as suitable for any specific application although we can supply prospective purchasers information to allow them to assess their suitability or otherwise.

4. Price and payment

Prices for products are quoted on our website. The website contains a large number of products, and it is always possible that some of the prices on the website may be incorrect. We will verify prices as part of our sale procedure, so that a product's correct price will be stated [when you pay for the product].

In addition to the price of the products, you will have to pay a delivery charge, an estimate of the final value of the delivery charge will be given during the checkout process, this delivery charge will be confirmed in you order confirmation. If it varies from the estimate given during check out we will seek approval prior to proceeding with the order.

Payment details must be provided upon the submission of your order. We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds by the time the order is ready for despatch.

The prices on the website can be shown excluding VAT for business users or including VAT for consumers, please select the appropriate status for your user type.

Payment for all products must be made by credit or debit card OR any method detailed on the website from time to time.

Prices for products are liable to change at any time, but changes will not affect contracts which have come into force.

If you are a business customer, then from time to time we may agree to open an account for you, enabling you to pay in arrears. Where you hold an account, then upon or following the dispatch of products, we will send to you an invoice for payment of the price of those products, and you will pay such invoice within 30 days of the date of the invoice. Accounts will be subject to such credit limits as we may notify to you from time to time. If you do not pay any amount properly due to us under or in connection with these terms of sale on time, we may: charge you interest on the overdue amount at the rate of 8% per year above the base rate of Lloyds Bank from time to time (which interest will accrue daily until the date of actual payment, be compounded quarterly, and be payable on demand); or claim interest and statutory compensation from you pursuant to the Late Payment of Commercial Debts (Interest) Act 1998.

5. Your warranties

You warrant to us that:

(a) you are legally capable of entering into binding contracts, and you have full authority, power, and capacity to agree to these terms of sale.

(b) the information provided in your order is accurate and complete; and

6. Delivery policy

We will arrange for the products to be delivered to the address for delivery indicated in your order.

We will use reasonable endeavours to deliver products on or before the date for delivery set out in our order confirmation or, if no date is set out in our order confirmation, within 21 days of the date of our order confirmation. However, we cannot guarantee delivery by the relevant date. We do however guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 90 days of the later of receipt of payment and the date of our order confirmation.

The delivery charges quoted on this website are calculated based on factors including product type, weight, volume, destination and delivery method. The complex nature and number of possible variations means that the actual delivery cost may on occasion vary from that indicated by the website. If this variation represents an increase on the estimate given during check out we will seek approval prior to proceeding with the order.

7. Risk and ownership

The products will be at your risk from the time of delivery. Ownership of the products will only pass to you upon the later of:

(a) delivery of the products; and

(b) receipt by us of full payment of all sums due in respect of the products (including delivery charges).

Until ownership of the products has passed to you, you will possess the products as our fiduciary agent and bailee, and if you are a business customer you must store the products separately from other goods and ensure that the products are clearly identifiable as belonging to us.

We will be entitled to recover payment for the products even where ownership has not passed to you.

8. Consumers: returns policy

This Section applies to consumers, not business customers. If you are a business customer, the applicable returns policy is set out in Section [12].

Under the Distance Selling Regulations, you may cancel a distance contract to purchase a product or products from us at any time within 7 working days after the day you received the relevant products or products (subject to the limitations set out below).

In order to cancel a contract in this way, you must give to us written notice of cancellation.

You will not have any such right insofar as a contract relates to: (i) the supply of products the price of which is dependent upon fluctuations in financial markets which we cannot control; (ii) the supply of goods made to your specifications or clearly personalised; or (v) the supply of goods which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly.

If you cancel a contract on this basis, you must promptly return the products to us, in the same condition in which you received them.

If you cancel a contract on this basis, you will be refunded in full (including the cost of sending the products to you). However, you will be responsible for paying the cost of returning the product to us.

If you cancel a contract on this basis and you do not return the products to us, we may recover the products and charge you for the costs we incur in doing so. Similarly, if you return the products at our expense, we may pass that expense on to you.

9. Consumers: statutory rights

If you are a consumer, any statutory rights which you have, which cannot be excluded or limited, will not be affected by the terms of sale.

10. Promotions and Special Offers

Additional terms and conditions may apply to short term promotional activity and special offers. These will be detailed in Section 23 of this document.

11. Business customers: limitation of warranties

This Section applies only to business customers, not consumers.

We warrant to business customers that the products purchased from our website will:

(a) conform in all material respects to any applicable specification of such products published on our website or issued by us and

(b) be free from material defects in materials and workmanship for a period of 1 year from the date of delivery of the products.

These terms of sale set out the full extent of our obligations and liabilities in respect of the products supplied to business customers hereunder. To the maximum extent permitted by applicable law and subject to the first paragraph of Section [15], all conditions, warranties or other terms concerning the products which might otherwise be implied into a contract with a business customer under these terms of sale are expressly excluded.

12. Business customers: returns policy

This Section applies to business customers, not consumers. If you are a consumer, the applicable returns policy is set out in Section [9].

Products may only be returned to us with our prior agreement, at your expense, and according to our directions. Any products returned in contravention of this Section will not be the subject of any refunds or replacements and you will continue to be liable for payment of the price of such products.

Where you return products to us in accordance with the provisions of this Section, and in our reasonable opinion those products do not conform with the warranties set out in Section [11], then you will be entitled to replacement products (where replacements are available) or, where we agree, a refund of the price paid in respect of those products (including all delivery charges).

13. Refunds

If you cancel a contract and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your valid notice of cancellation.

14. Force majeure

In this Section and Section [15] below, “force majeure event” means:

(a) any event which is beyond our reasonable control.

(b) the unavailability of raw materials, components, or products; and/or

(c) power failure, industrial disputes affecting any third party, governmental regulations, fires, floods, disasters, civil riots, terrorist attacks or wars.

Where a force majeure event gives rise to a failure or delay in us performing our obligations under these terms of sale, those obligations will be suspended for the duration of the force majeure event.

If we become aware of a force majeure event which gives rise to, or which is likely to give rise to, any failure or delay in us performing our obligations under these terms of sale, we will notify you forthwith.

15. Limitations and exclusions of liability

Nothing in the terms of sale will: (a) limit or exclude the liability of a party for death or personal injury resulting from negligence; (b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party; (c) limit any liability of a party in any way that is not permitted under applicable law; or (d) exclude any liability of a party that may not be excluded under applicable law. If you are a consumer, any statutory rights which you have, which cannot be excluded or limited, will not be affected by the terms of sale.

The limitations and exclusions of liability set out in this Section [and elsewhere in the terms of sale]: (a) are subject to the preceding paragraph; (b) govern all liabilities arising under the terms of sale or in relation to the subject matter of the terms of sale, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

Our products are not designed for or generally suitable for use on road vehicles but are supplied for specialist use. In such applications components are regularly subjected to extremes of heat, vibration, and stress, this often leads to short life expectancy and reduced durability, failure through factors associated with these stresses are not warrantable and no claims for either products supplied or associated or connected parts will be entertained by the Company, neither will any claims for associated costs incurred.

We will not be liable to you in respect of any losses arising out of a force majeure event.

We will not be liable to you in respect of any business losses, such as loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities, or goodwill.

We will not be liable to you in respect of any loss or corruption of any data, database, or software.

We will not be liable to you in respect of any special, indirect, or consequential loss or damage.

Our aggregate liability to you under the terms of sale will not exceed the greater of: (a) £50.00 and (b) the total amount paid or (if greater) payable by you to us under the terms of sale.

16. Business customers: indemnity

If you are a business customer, you hereby indemnify us and undertake to keep us indemnified against all and any liabilities, losses, damages, expenses and costs (including legal expenses and amounts paid in settlement of any demand, action or claim) arising, directly or indirectly, out of a breach by you of any of your obligations under these terms of sale.

17. Contract cancellation

We may cancel a contract to supply products made under these terms of sale immediately by written notice to you if you fail to pay, on time and in full, any amount due to us under the contract, or commit any material breach of your obligations to us under the contract.

If you are a business customer, we may cancel a contract to supply products made under these terms of sale if:

(a) you cease to trade.

(b) you become insolvent or unable to pay your debts within the meaning of the insolvency legislation applicable to you.

(c) a person (including the holder of a charge or other security interest) is appointed to manage or take control of the whole or part of your business or assets or notice of an intention to appoint such a person is given or documents relating to such an appointment are filed with any court.

(d) the ability of your creditors to take any action to enforce their debts is suspended, restricted, or prevented, or some or all of your creditors accept, by agreement or pursuant to a court order, an amount of less than the sums owing to them in satisfaction of those sums; or

(e) any process is instituted which could lead to you being dissolved and your assets being distributed to your creditors, shareholders, or other contributors (other than for the purposes of solvent amalgamation or reconstruction).

18. Consequences of cancellation

Upon the cancellation of a contract in accordance with Section [17]:

(a) we will cease to have any obligation to deliver products which are undelivered at the date of cancellation.

(b) you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products); and

(c) all the other provisions of these terms of sale will cease to have effect, except that Sections [8, 11, 12, 15, 16, 18 and 20] will survive termination and have effect indefinitely.

19. Scope of these terms of sale

These terms of sale do not constitute or contain any assignment or licence of any intellectual property rights, do not govern the licensing of works (including software and literary works) comprised or stored in products, and do not govern the provision of any services by us or any third party in relation to the products.

20. General terms

We will treat all your personal information that we collect in connection with your order in accordance with the terms of our privacy policy; use of our website will be subject to our website terms of use.

Contracts under these terms of sale may only be varied by an instrument in writing signed by both you and us. We may revise these terms of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.

If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.

No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of sale.

You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms of sale. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms of sale, at any time – providing where you are a consumer that such action does not serve to reduce the guarantees benefiting you under these terms of sale.

Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver, or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.

Subject to the first paragraph of Section [15]: these terms of sale contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms of sale have been made by or on behalf of the other party in relation to the purchase of products from our website.

These terms of sale will be governed by and construed in accordance with English law, and the courts of England and Wales will have non-exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.

21. Klarna

In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment is to be made to Klarna:

Financing

Further information and Klarna’s user terms you can find here. General information on Klarna can be found here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarna’s privacy statement.

22. About us

Our full name is Grand Prix Racegear Ltd.

Our registered office and our principal trading address is Unit 1 Silverstone Park, Silverstone, NN12 8TN, England.

Our company registration number is 06799772.

Our email address is [email protected].

Our VAT number is GB944779469.

23. Specific Promotion Terms

The Grand Prix Racewear Helmet Exchange Program

Term:

This offer shall from 07:00 on the 1st of January 2024 until canceled

The offer applies to purchases made in-store, via telephone order and through our webstore at www.gprdirect.com.

The offer operates as follows:

Grand Prix Racewear will collect, exchange and redeliver your helmet for free, on all homologated Race, Rally & Kart helmets.

The following are excluded from the offer:

All items already discounted.

Any Non UK Mainland address

The Grand Prix Racewear Show Offer - Spend More, Save More

Term:

This offer shall run between 07:00 on the 7th January 2024 untill 00:00 on the 15th January 2024.

The offer applies to purchases made in-store, via telephone order and through our webstore at www.gprdirect.com.

The offer operates as follows:

Spend £250 - £499.99 including vat and a discount of 5% will be applied to the whole order (exclusions apply - see below) at checkout.

Spend £500 - £749.99 including vat and a discount of 10% will be applied to the whole order (exclusions apply - see below) at checkout.

Spend £750 or more including vat and a discount of 15% will be applied to the whole order (exclusions apply - see below) at checkout.

The following are excluded from the offer:

All Stilo-branded items

All items featured in the Electric Vehicles category of the webstore.

All items already discounted.

Delivery charges.

This promotion cannot be used in conjunction with any other offers.

Free OMP Helmet Bag with the purchase of any Bell Helmet Offer

Term:

This offer shall run from 07:00 on the 2nd January 2024 while stocks last.

The offer applies to purchases made online only through our webstore at www.gprdirect.com.

The offer operates as follows:

Receive a Free OMP Helmet Bag (Item number OMPOB0-2972) with the purchase of any Bell Helmet.

The promotion will be applied automatically at checkout and is limited to 1 per customer while stocks last.

If a return is issued on a Bell helmet under this promotion the promotional item must also be returned or a charge of £57.89 + VAT will be deducted from the refund

This promotion cannot be used in conjunction with any other offers.

Grand Prix Racewear Reward Card

Term:

This offer shall run from 07:00 on the 4th March 2024 untill 00:00 on the 1st January 2025

The offer applies to purchases made online only through our webstore at www.gprdirect.com.

The offer operates as follows:

Spend £50 and a discount of £5 will be applied to your order upon entering the code provided on the card at checkout

This offer is valid until January 1^st 2025. Unused values will not be refunded or attributed to any transactions after the expiry date.

This offer can only be redeemed online at www.gprdirect.com against all products sold by Grand Prix Racegear Ltd.

This offer cannot be used in conjunction with any other offers

This offer cannot be redeemed for cash, returned for a refund, or be replaced after expiry and are not legal tender, account cards, credit or debit cards or securities..

This card cannot be replaced if lost or stolen.

Grand Prix Racegear Ltd reserves the right to cancel the offer if we deem such action necessary. If so, we may either provide a replacement offer of equivalent value unless we suspect fraud.

These Terms & Conditions are subject to change.

Free Arai Pod Helmet Bag with the purchase of any Arai Helmet Offer

Term:

This offer shall run from 07:00 on the 1st May 2024 while stocks last.

The offer applies to purchases made online only through our webstore at www.gprdirect.com.

The offer operates as follows:

Receive a Free Arai Pod Helmet Bag (Item number ARA990279) with the purchase of any Arai Helmet

The promotion will be applied automatically at checkout and is limited to 1 per customer while stocks last.

If a return is issued on a Arai helmet under this promotion the promotional item must also be returned or a charge of £39.99 + VAT will be deducted from the refund

This promotion cannot be used in conjunction with any other offers.

Get a free Bell visor cleaner with the purchase of any Bell visor

Term:

This offer shall run from 07:00 on the 1st July 2024 to 31st July 2024 or while stocks last.

The offer applies to purchases made online only through our webstore at www.gprdirect.com.

The offer operates as follows:

Receive a Free Bell Visor Cleaner (Item number BEL2080011) with the purchase of any Bell Visor

The promotion will be applied automatically at checkout and is limited to 1 per customer while stocks last.

If a return is issued on a Bell Visor under this promotion the promotional item must also be returned or a charge of £8.70 + VAT will be deducted from the refund

This promotion cannot be used in conjunction with any other offers.