Shipping with Nicky Grist Motorsports
This website is operated by Nicky Grist Motorsports Limited. Throughout the site, the terms ‚Äúwe‚Äù, ‚Äúus‚Äù and ‚Äúour‚Äù refer to Nicky Grist Motorsports Limited. Nicky Grist Motorsports Limited offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our ‚ÄúService‚Äù and agree to be bound by the following terms and conditions (‚ÄúTerms of Service‚Äù, ‚ÄúTerms‚Äù), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
1 - Online Store Terms
1.1 By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country of residence, or that you are the age of majority in your country of residence and you have given us your consent to allow any of your minor dependents to use this site.
1.2 You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
1.3 You must not transmit any worms or viruses or any code of a destructive nature.
1.4 A breach or violation of any of the Terms will result in an immediate termination of your Services.
2 - General Conditions
2.1 We reserve the right to refuse service to anyone for any reason at any time.
2.2 You understand that your information (not including credit card information), may be transferred and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
2.3 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
2.4 The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
3 - Accuracy, Completeness And Timeliness Of Information
3.1 We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
3.2 This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
4 - Modifications To The Service And Prices
4.1 Prices for our products are subject to change without notice.
4.2 We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
4.3 We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
5 - Products Or Services
5.1 Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
5.2 We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
5.3 We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
5.4 We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
6 - Accuracy Of Billing And Account Information
6.1 We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
6.2 You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
6.3 For more detail, please review our Return Policy.
7 - Optional Tools
7.1 We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
7.2 You acknowledge and agree that we provide access to such tools ‚Äùas is‚Äù and ‚Äúas available‚Äù without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
7.3 Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
7.4 We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
8 - Third Party Links
8.1 Certain content, products and services available via our Service may include materials from third-parties.
8.2 Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
8.3 We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
9 - User Comments, Feedback And Other Submissions
9.1 If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
9.2 We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party‚Äôs intellectual property or these Terms of Service.
9.3 You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
10 - Personal Information
11 - Errors, Inaccuracies And Omissions
11.1 Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
11.2 We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
12 - Prohibited Uses
12.1 In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
13 - Disclaimer Of Warranties; Limitation Of Liability
13.1 We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
13.2 We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
13.3 You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
13.4 You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
13.5 In no case shall Nicky Grist Motorsports Limited, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some countries or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such countries or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
14 - Indemnification
14.1 You agree to indemnify, defend and hold harmless Nicky Grist Motorsports Limited and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys‚Äô fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
15 - Severability
15.1 In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
16 - Termination
16.1 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
16.2 These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
16.3 If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
17 - Entire Agreement
17.1 The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
17.2 These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
17.3 Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
18 - Governing Law
18.1 These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Unit 5B, Westwood Industrial Estate, Pontrilas, Herefordshire, HR2 0EL, United Kingdom.
19 - Changes To Terms Of Service
19.1 You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
20 - Contact Information
20.1 Questions about the Terms of Service should be sent to us at [email protected].
The following terms and conditions apply to all transactions at Nicky Grist Motorsports Limited.
21 - Deliveries
21.1 Deliveries are normally made within 7 days from receipt of order for credit and or debit card transactions. A signature to confirm receipt of your order will be required. You will be advised of any delay due to an item being out of stock, or if any item is no longer available.
21.2 If you choose to pay for your goods by cheque or postal order all monies have to be cleared by the Nicky Grist Motorsports Limited bank before orders will be dispatched. In this case delivery time will be outside the 7 days as stated in article 21.1 of these terms.
21.3 All products are offered subject to availability and may be withdrawn if all stock is sold or if the manufacturers are unable to deliver. If your order cannot be fulfilled you will be given a full refund.
21.4 If delivery is delayed through default of Nicky Grist Motorsports Limited, Nicky Grist Motorsports Limited‚Äôs liability shall be limited to a refund of the purchase price.
21.5 Alternative goods will not be substituted without your express permission.
22 - Prices
22.1 All prices quoted are in pounds sterling (¬£) and exclude UK Value Added Tax (VAT) at 20%
22.2 Prices may be subject to change due to manufacturers price alterations or change to the rate of Value Added Tax. In such cases you will be notified of any changes before your order is despatched.
23 - Payment
23.1 Payment may be made by cheque, Visa, MasterCard, Switch or Solo debit cards, PayPal and Bank Transfer. Payment will be debited to your account before the despatch of your order.
23.2 For peace of mind, the transmission of credit card details for all Nicky Grist Motorsports Limited on-line orders is carried via secure (encrypted) network connections.
23.3 We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure. But in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from Nicky Grist Motorsports Limited.
24 - Damage or Loss
24.1 In the unlikely event that your product is lost or damaged in transit please contact us in writing.
24.2 In the case of non-delivery, please wait 14 days from the date of your order, in case it has been delayed.
24.3 In the case of damage, please retain the products and contact us on 01981 241040 within 7 days of receipt.
25 - Contact
25.1 If you wish to contact us, with a query or complaint, please email us at: [email protected], or telephone 01981 241040. Our line is manned during normal office hours, Monday to Friday. We aim to respond within one working day, and guarantee a response within three working days.
25.2 Nothing in this clause shall affect your statutory rights.
26 - Data Protection
26.1 The only information collected is that given at the time of ordering, and that is necessary to fulfil customers orders. This information is collected lawfully and in accordance with GDPR guidelines. This information is not passed on to third parties.
27 - Returns
27.1 Cancellation of Order - You have the right to cancel your order within 7 days of receipt and have a credit note for any cancelled items provided that you return the goods, including packaging to us in perfect condition. The goods to be returned must be unused, unopened and in their original packaging. We do not refund your original order postage cost, and the cost of return postage is payable by you. All returns must be sent as a recorded delivery and we cannot be held responsible for any losses incurred in transit back to us. See our returns policy here.
28 - Distance Selling Act
28.1 You have the right to cancel the contract relating to your order at any time up to the end of 7 working days after you receive the goods. To exercise your right of cancellation, you must give written notice to Nicky Grist Motorsports Limited by letter giving details of the goods ordered and date received. Notification by phone is not acceptable. If you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to Nicky Grist Motorsports Limited at your own cost. Returned items must be packaged properly and shipped in a plain outer box. It is your responsibility to ensure returned goods are fully insured. All returned goods must be as new and complete including all original packaging. Nicky Grist Motorsports Limited cannot hold responsibility for goods that are damaged or lost whilst being returned. Nicky Grist Motorsports Limited will issue you a credit note within 30 days for any sum that has been paid by you or debited from your credit card for the goods, excluding postage. Nicky Grist Motorsports Limited will charge a restocking fee of 10% of the Gross amount for all goods returned that are not required. If you do not return the goods as required, Nicky Grist Motorsports Limited may charge you a sum not exceeding the direct costs of recovering the goods. The goods must be returned to Nicky Grist Motorsports Limited, Unit 5B, Westwood Industrial Estate, Pontrilas, Herefordshire. HR2 0EL
28.2 Exceptions to Distance Selling Act. You do not have the right to cancel the contract under the Distance Selling Act if you have collected goods, if the goods were delivered outside the UK, or if the order is for personalised goods, goods specifically made to order or if you are not a consumer i.e. a company, partnership, sole trader or any other commercial body or registered charity.
29 - Ownership and Address
29.1 Nicky Grist Motorsports Limited is registered in the UK. Number 2911372
29.2 The registered office is at: Unit 5B Westwood Industrial Estate, Pontrilas, Herefordshire. HR2 0EL.UK
29.3 The sales office is at: Unit 5B Westwood Industrial Estate, Pontrilas, Herefordshire. HR2 0EL.UK
30 - Trademarks and copyright
30.1 All Trade Marks in this site are the property of their respective owners.
30.2 All materials on this Web Site are copyright ¬© 2006-2022 Nicky Grist Motorsports Limited.
All rights reserved.