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The Terms of supply set out below replace any issued previously.
Those who may place orders:
By placing an order you confirm that you are aged 18 years or over and have capacity to contract with TerrainHelmets.com.
Invitation to Treat
The display of products and prices on this website is only an invitation to treat. TerrainHelmets.com reserves the right not to accept your order.
Descriptions and Specifications
TerrainHelmets.com tries to describe and illustrate accurately products that it offers, but there may be minor deviations to these descriptions and illustrations. TerrainHelmets.com also reserve the right to amend specifications without prior notice. Whilst TerrainHelmets.com makes every effort to describe the content and make up of all products, due to space restrictions, it may not be able to include all details and it, therefore, strongly recommends that you read and understand the instructions and labels of each product before use, taking care to understand risks and warnings.
Colours
Whilst every effort has been made to faithfully show colour references, these have been produced within the limitation of the four colour printing process.
Ordering
For details of how to order please see our online shop. All orders are subject to these terms of supply. When you have submitted your order TerrainHelmets.com will send an order acknowledgement to you within [ one ] day if it agrees to accept your order. At that stage there will be a contract between us for the supply of the products you have ordered (subject to the Carriage and Delivery clause).
Prices
All prices are ex works.
Prices exclude VAT which, where applicable must be paid by you in addition to the price. Although every effort will be made to maintain prices, fluctuations and the cost of raw material and labour, increase of postage and other delivery charges, and other circumstances may necessitate us altering prices without prior notice. You should always check our website for any such amendments. All prices are payable by you in Pounds Sterling.
Method of Payment
TerrainHelmets.com is entitled to take payment from you when it receives your order. If TerrainHelmets.com is unable to supply the products a full refund will be given if you have already paid for the products. TerrainHelmets.com reserves the right to alter the method of payment up to the date of despatch. However, subject to this, TerrainHelmets.com will usually accept payment by:
cheque on a UK clearing bank in Sterling; or
credit card payments accepted via MasterCard and Visa.
Minimum Order Value
The minimum order value TerrainHelmets.com can accept for export orders (ie orders outside the UK) is £50 (excluding delivery and other charges).
Carriage and Delivery
Carriage will be charged at the rate indicated on this website. Where TerrainHelmets.com does not give an indication of the carriage charge at the time you place your order it will send a quotation to you separately. If the quotation is unacceptable you may cancel your order within [ seven ] days of receipt of the quotation.
It is your responsibility to ensure that the import into your country of products TerrainHelmets.com supplies to you does not breach any relevant legislation. You will be responsible for any import duties and other taxes and payments relating to such import.
Delivery Dates
Next day delivery is available in the UK only. Please see Customer Services for further details. Orders for next day delivery must be received by TerrainHelmets.com before 11am on the working day immediately preceding the requested delivery day.
Subject to the Clause above, any date specified by TerrainHelmets.com for delivery of products is intended to be an estimate and time for delivery shall not be made of the essence by release. TerrainHelmets.com shall have no liability for late delivery.
Risk and Title
Risk and ownership of products shall pass to you on delivery.
Liability
TerrainHelmets.com warrants that (subject to the other provisions of these conditions) upon delivery products shall be of satisfactory quality and fit for purpose within the meaning of the Sale of Goods Act 1979.
If any of the products do not conform with the warranty TerrainHelmets.com shall at its option replace such products (or the defective part) or refund the price of such products.
If TerrainHelmets.com complies with condition your right to cancel the Contract it shall have no further liability for a breach of the warranty in respect of such products.
Nothing in these conditions excludes or limits the liability of TerrainHelmets.com:
(a) for death or personal injury caused by TerrainHelmets.com negligence; or
(b) for any matter which it would be illegal for TerrainHelmets.com to exclude or attempt to exclude its liability; or
(c) for fraud or fraudulent misrepresentation.
Subject to Condition above
(a) TerrainHelmets.com total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of any contract between us shall be limited to the contract price of that contract; and
(b) TerrainHelmets.com shall not be liable to you for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with any contract between us.
Nothing in these Terms shall affect your statutory rights as a private individual (consumer).
Your right to cancel the Contract
If you are a consumer (i.e. a private individual who is not purchasing products from TerrainHelmets.com in the course of a business) you have certain rights to cancel the contract to purchase products from us and, if you cancel, TerrainHelmets.com will reimburse to you the price you paid. In order to exercise this right you must notify [TerrainHelmets.com] in writing (including email) no later than the eighth working day following receipt of the products that you are cancelling the contract. It is a term of your contract with TerrainHelmets.com that, in the event of such cancellation, you will promptly return the products to us in an unused condition and you will be responsible for the cost of such return.
Force Majeure
TerrainHelmets.com reserves the right to defer the date of delivery or to cancel the contract or reduce the volume of the products ordered by you (without liability to you) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond its reasonable control including, without limitation acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either partys workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials
General
If any provision of any contract between you and TerrainHelmets.com is found by any court, tribunal or administrative body or competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidabilty, unenforceability or unreasonableness be deemed to be severable and the remaining provisions of the contract and the remainder of such provision shall continue in full force and effect.
Failure or delay by TerrainHelmets.com in enforcing or partially enforcing any provision of any contract shall not be construed as a waiver of any of its rights under that contract.
Any waiver by TerrainHelmets.com of any breach of, or any default under, any provision of any contract shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of that contract.
It is not intended that any term of any contract between you and TerrainHelmets.com shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
The formation, existence, construction, performance, validity and all aspects of any contract between you and TerrainHelmets.com shall be governed by English law and the parties submit to the jurisdiction of the English courts.
ADDITIONAL EXPORT CONDITIONS
Export Small Orders
We can supply small orders but we regret that because UK Banks have a minimum charge for clearing foreign cheques, those orders must be over £250. Alternatively, payment may be made by Credit card: Visa & Mastercard or Cheques drawn on a UK bank in £ıs Sterling. Please note our mimimum export order is £50 Sterling. Packing All orders are packed in cartons where possible free of charge. If wooden cases are used these may be charged at cost. Insurance Unless specifically requested we will NOT insure consignments and would remind customers that under these circumstances it is their complete responsibility to make insurance arrangements. Where insurance cover is arranged by ourselves such costs will be charged to the customer. Damages or Shortages Before claiming on us for damages or shortages, please check the Bill of Lading, and only claim if this is Clausedı. Claims will only be accepted if notification is made within ten days of receipt. If Bill of Lading is clean, please notify local insurers immediately. Return of Goods If it should be necessary to return goods, a request should be made in writing stating the invoice number, the quantity and description of the goods and the reason for the proposed return. No shipment should be made until authorisation is received.
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