GET OFF ROAD.COM TERMS AND CONDITIONS OF SALE
Please read the following important terms and conditions before you buy anything on our site. These terms and conditions set out your legal rights and responsibilities, our legal rights and responsibilities and certain key information required by law. By placing an order you agree to be bound by these terms and conditions.
You should print and keep a copy of these terms and conditions for your records.
In these terms and conditions:
- Website means our website at www.getoffroad.com
- We, us or our means TVS Europe Distribution Limited (trading as Getoffroad.com); and
- You or your means the person using our site to buy goods from us; and
If you don't understand any of these terms and want to talk to us about them, please contact us by:
- e-mail: firstname.lastname@example.org;
- telephone: 0333 555 0004 (We may record calls for quality and training purposes)
Who are we?
- We are registered in England and Wales under company number: 07839757
- Our registered office is at: Universal Components UK Ltd, Ashroyd Business Park, Ashroyds Way, Hoyland, Barnsley South Yorkshire, England S74 9SB
- Our VAT number is: GB196473464
1.1 The terms and conditions apply when you place orders for goods on the Website. We may amend them from time to time and it is your responsibility to read these terms and conditions each time you use the Website.
1.2 When you use the Website, we may gather information about you and your visit to the Website. Information about this can be found in our cookies and data protection policies. Those documents together with these terms and conditions form the contract between us (contract).
1.3 You may only buy goods from our Website for your personal use and not for onward sale or other business reasons.
1.4 The information on the Website is in English, all communications shall be in English and the Website is designed to comply with English law. You may be viewing the Website in a market in which we do not commonly sell our goods and we cannot be held responsible for non-compliance with any local advertising or other laws in relation to the Website or its content.
2 Ordering goods from us
2.1 The following explains the process you will go through to place an order and how the contract for the sale of goods will be formed.
Step 1 – Choosing your goods
You can select goods for purchase by clicking on the items you are interested in and then clicking on “Add to Cart”.
Step 2 – Customer registration
You will then be asked if you are a new or returning customer. To register you will be asked for your contact details and to create a password. We will then store that information so if you place further orders, you will not need to re-enter all your details and you will be remembered as a returning customer. Returning customers will be asked for a password and email address to login, each time an order is placed.
Step 3 – Reviewing your Cart
You can review the products added to your Cart and change the contents. You can also enter a discount code. Entering a valid discount code and clicking “Apply” will update the total. You will also enter your contact details and billing and delivery addresses on this page. At this stage, you will be asked whether you agree to these terms and conditions.
Please check all details very carefully and correct any mistakes or change the goods which you want to order.
Step 4 – Going to Checkout
Once you have finished shopping, you can proceed by clicking on “Enter Payment Details”.
Step 5 – Payment Information
You will be asked to choose a payment method and then will be taken to the appropriate page depending on how you wish to pay. Please enter all payment details correctly and check the information carefully before placing your order. Once you click on “Confirm Payment”, your order will be placed and payment will be taken.
Step 6 – Order Confirmation
Once we have confirmation that payment is authorised, a screen will appear, thanking you for your order. We will send to you an order acknowledgement email detailing the goods you have ordered. Print a copy of the order acknowledgement email and keep it for your records. This acknowledgement does not, however, mean that your order has been accepted.
2.2 We may contact you to say that we do not accept your order. This is typically for the following reasons:
2.2.1 the goods are unavailable;
2.2.2 we cannot authorise your payment;
2.2.3 you have ordered too many goods; and/or
2.2.4 there has been a mistake on the pricing or description of the goods.
2.3 We will only accept your order when we email you to confirm this (Confirmation Email). At this point a legally binding contract will be in place between you and us, and we will dispatch the goods to you.
3 Right to cancel this contract
3.1 You have a right to cancel the contract for any reason at any time between the date that the contract comes into place, and 14 days after the day that you (or any person who you nominate to take delivery), receive the goods. This is the “cooling off period”.
3.2 To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or email). You can use the model cancellation form set out in the box below, but it is not obligatory.
To: Getoffroad.com, 8 Stevenson Way, Sheffield, S9 3WZ United Kingdom; email@example.com
I/We* hereby give notice that I/We* cancel my/our* contract of sale of the following goods*:
Ordered on*/received on*:
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
*Delete as appropriate
Alternatively, you can simply return goods to us during the cooling off period.
3.3 To meet the cancellation deadline, it is enough if you tell us that you want cancel before the cooling off period has expired.
4 Effects of cancellation
4.1 If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
4.2 We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling of the goods by you.
4.3 We will make the reimbursement without undue delay, and not later than:
4.3.1 14 days after the day we received back from you any goods supplied;
4.3.2 (if earlier) 14 days after the day you provide evidence that you have returned the goods; or
4.3.3 if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
4.4 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
4.5 If you have already received the goods when you cancel the contract or you receive them after you have cancelled the contract:
4.5.1 you must send back the goods to us at Getoffroad.com, 8 Stevenson Way, Sheffield, S9 3WZ, United Kingdom without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired;
4.5.2 you will bear the cost of returning the goods; and
4.5.3 you are only liable for any diminished value of the goods resulting from handling them, other than what is necessary to establish the nature, characteristics and functioning of the goods.
5.1 We only accept orders through our Website where the delivery address you provide is in the UK. If you wish for your goods to be delivered to an address outside of the UK, please call us on 0333 555 0004 so that we can discuss with you whether we can deliver your goods to your requested location, our estimated timescales for delivery, and our delivery charges for doing so.
5.2 We use a third party delivery provider to deliver our goods.
5.3 We estimate that our goods will be delivered to delivery locations within the UK within 48 hours of you receiving our Confirmation Email.
5.4 If something happens which is outside of our control and delays delivery of your goods, we will let you have a revised estimated date for delivery of the goods.
5.5 Delivery of the goods will take place when we deliver them to the address that you gave to us.
5.6 Unless you and we agree otherwise, if we cannot deliver your goods within 30 days of you placing your order, we will let you know, cancel your order and give you a refund.
5.7 If nobody is available to take delivery of the goods, please contact the delivery provider using the contact details provided in your Confirmation Email.
5.8 You are responsible for the goods when delivery has taken place. In other words, the risk in the goods passes to you when you take possession of the goods.
6.1 We accept all major credit cards and debit cards, except American Express. You can also pay using PayPal. We do not accept cash.
6.2 We will do all that we reasonably can to ensure that all of the information you give us when paying for the goods is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
6.3 Your credit/debit card or PayPal account will only be charged when the goods are dispatched.
6.4 All payments by credit card or debit card need to be authorised by the relevant card issuer. You may also be required to complete extra security steps, such as:
6.4.1 Verified by Visa: www.visaeurope.com/making-payments/verified-by-visa
6.4.2 Mastercard®SecureCodeTM: www.mastercard.co.uk/securecode
6.5 If your payment is not received by us and you have already received the goods, you must:
6.5.1 pay for such goods within 30 days; or
6.5.2 return them to us as soon as possible. If so, you must keep the goods in your possession, take reasonable care of them, and not use them before you return them to us.
6.6 If you do not return any goods when you should have done (e.g. you have not paid for them) we may collect the goods from you at your expense. We will try to contact you to let you know if we intend to do this.
6.7 Nothing in this clause affects your legal rights to cancel the contract during the ‘cooling off’ period under Clauses 3 and 4.
6.8 The price of the goods:
6.8.1 is in pounds sterling (£)(GBP) unless otherwise stated;
6.8.2 includes VAT at the applicable rate;
6.8.3 does not include the cost of delivering the goods to any address outside of the UK (please call us on 0333 555 0004 if you want your goods delivered outside of the UK).
7 Discount codes
7.1 Discount codes may be used to reduce the price for goods.
7.2 The goods total must be equal to or exceed the value of the discount codes. No change can be given.
.3 Discount codes may not be exchanged for cash at any point.
8 Your selection of goods
8.1 It is your responsibility to ensure that the goods which you have chosen to order on our Website are of the correct specification (e.g. size, model) so that they are able to be fitted to the vehicle to which you want to fit them.
8.2 If you use the facility on our Website to search for goods by reference to your vehicle’s registration plate, you must ensure that you enter your registration plate correctly, and check that the vehicle make and model shown by the Website as being applicable to that registration plate, are correct.
8.3 It is your responsibility to ensure that the goods which you have chosen to order on our Website will not, when fitted to your vehicle, invalidate the terms of any applicable agreement, such as a vehicle lease, hire purchase agreement or manufacturer’s warranty.
8.4 It is your responsibility to ensure that the goods are fitted to your vehicle in the correct way. We strongly recommend that you use a reputable vehicle garage business to fit the goods to your vehicle.
9 Faulty, incorrect, missing or damaged goods
9.1 Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 or other rights in law which you may have (statutory rights).
9.2 The goods usually come with a manufacturer’s warranty. The scope and duration of the warranty varies from product to product and will usually cover manufacturing defects but not damage caused by misuse, alteration, or general wear and tear. You should refer to the terms of the warranty supplied with the goods. You may contact us in the first instance and we may inspect the goods and/or may be able to deal with your query through a phone call or email. You should not make any further use of goods where you discover a defect as this may affect your rights under the manufacturer’s warranty. You should also complete any warranty card details to claim under a manufacturer’s warranty and provide a copy of your receipt together with a note detailing the problem and the reason for the return.
9.3 You should inspect the goods when you receive them for defects or damage. Items delivered by courier which are clearly damaged on delivery must be signed for as such or refused and returned to us.
9.4 Where goods have been damaged in transit, please let us know as soon as possible. All such damaged goods should be returned to us, should be in their original packaging (even if damaged) and must not be used or fitted to any vehicle.
9.5 If we have dispatched an incorrect item and you wish to exchange it, please let us know and we will exchange it for the correct item and pay agreed costs of returning the item.
9.6 Non-delivery of an order should be reported to us as soon as possible so that we can try and remedy the situation without undue delay. Please let us know if you have not received your order within 7 working days of the date of dispatch so that we can start investigating as soon as possible. Dispatch is confirmed by e-mail. If an item is lost in transit, we may not dispatch a replacement immediately. Re-sent or replacement items will be dispatched at our discretion or subject to availability, once all tracking and investigative avenues have been exhausted.
9.7 Any refund will also include delivery charges. If we do not find any fault or defect then your cancellation and refund rights are limited to those set out also in Clauses 3 and 4 above, though this does not affect your statutory rights.
9.8 You must take good care of the goods while in your possession. If you fail to do so and the value of the goods reduces as a result of how you handle the goods before returning them to us and where you have caused the damage as opposed to that damage being caused in delivery, then we reserve our right to withhold that amount which may otherwise have been due to you.
10 LIMITS ON OUR RESPONSIBILITY TO YOU – YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
10.1 Nothing in this contract or elsewhere will exclude or limit our liability for death or personal injury caused by our negligence, or any liability for fraudulent misrepresentation or fraud, or liability which we are responsible for in relation to consumer protection rights, or for any other matters which it would be illegal for us to exclude. Your statutory rights are not affected.
10.2 To the extent that we are liable to you in respect of breach of contract, for negligence or for any other legal liability in relation to the goods or this contract or otherwise, our total liability to you will be limited to the price of the goods paid by you for those goods which are the subject of the liability, and any reasonable losses which are foreseeable as a direct consequence of us breaking our contract with you.
10.3 Unless we explicitly state elsewhere, we shall not be responsible for any indirect or special losses which happen as a side effect or consequence of any main loss or damage or for anything which we or you could not reasonably anticipate. This includes but is not limited to the following, however they arise:
10.3.1 loss of money, profit, income or revenue;
10.3.2 loss of savings;
10.3.3 wasted expenses;
10.3.4 loss of use of money;
10.3.5 wasted time costs;
10.3.6 lost opportunity;
10.3.7 compensation for disappointment or inconvenience.
10.4 It is very important that you satisfy yourself that the goods are of the correct specification for your vehicle, comply with the terms of any relevant agreement concerning your vehicle (such as vehicle lease, hire purchase agreement or manufacturer’s warranty), and are fitted to your vehicle correctly. We will not in any circumstances be liable to you for any goods of the incorrect specification being fitted to your vehicle, any breach by you or invalidation of any provision of any agreement concerning your vehicle, or for incorrect or improper use of the goods, including them being fitted to your vehicle incorrectly.
11.1 We will try to resolve any disputes with you quickly and efficiently.
11.2 If you are unhappy with the goods, our service to you or any other matter, please contact us as soon as possible.
11.3 If after exhausting our internal complaints process your complaint has not been resolved, you may refer the dispute to an Alternative Dispute Resolution (ADR) provider. While we are not a member of any ADR scheme, an example of an ADR provider which you could choose is The Retail Ombudsman. You can find more information about this provider at www.theretailombudsman.org.uk
12.1 We will not be in any way responsible to you for a failure to sell goods which you wish to buy or otherwise for a failure to comply with our obligations or any costs or liabilities you incur as a result of any circumstances beyond our reasonable control, including but not limited to if we are affected by matters beyond our reasonable control, by way of example only flood, fire, trade dispute, lack of third party materials or services.
12.2 The contract between us is binding and our obligations are owed to you, our named customer only. We may transfer or assign our rights and obligations under the contract or appoint third parties to assist us at any time provided that this will not reduce our obligations to you.
12.3 If any clause of this contract is found in any way to be void by a Court or other competent authority then all other clauses of the contract will continue to apply.
12.4 If either of us does not at any time act on any rights we have, it will not affect the rights of either of us to enforce any rights at a later stage. If either of us chooses not to rely on a right which we have, it will not affect any other rights which either of us has.
12.5 If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.
12.6 This contract is subject to English law and we each agree that any dispute arising under or connected to it will be decided by the English courts. If you are a consumer in an overseas jurisdiction, including Scotland or Northern Ireland, this will not affect your rights to bring a claim in your local courts or otherwise affect any statutory or other local law protections which you have.
12.7 No changes to the contract will bind us unless we agree to them in writing. Where you have already placed an order which we have accepted, the contract will remain subject to the version of our terms and conditions which were in place at the time at which you placed the order.
12.8 Nothing in these terms and conditions seeks to exclude or limit any rights available under applicable law which cannot be excluded or limited. This means that these terms and conditions will not change any rights which the law grants to you which that law does not allow us to change or limit.
12.9 A person who is not party to this contract shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of it, which means that only we and you have rights under it. This does not affect any right or remedy of any person which exists or is available otherwise than under that Act.
12.10 The contract is the entire agreement and understanding between us and all other statements and terms whether written or verbal are excluded to the fullest extent that the law permits.
12.11 We are committed to trying to achieve your complete satisfaction as our customer. If you have any complaints please contact or write to the address above.
12.12 These terms and conditions are not intended to set out the full extent of your rights either in relation to your cooling off rights or other consumer rights. Your Local Citizens Advice or similar will be able to provide you with more information about your legal rights.