This site is owned by Nigel Marston Motorsport (hereafter THE MERCHANT) of 14 Greystoke Avenue, Sunderland, Tyne and Wear, SR2 9DX, United Kingdom (hereafter THE MERCHANT ADDRESS), and email address [email protected]
Any purchase of goods from the site www.nm-motorsport.com (hereafter THE MERCHANT SITE) requires the customer to consult and accept these terms and conditions. The click validating the order implies full acceptance of these terms and represents the customer's "digital signature".
These terms and conditions are intended to define the rights and obligations of the parties in the sale of goods proposed online by THE MERCHANT for the customer.
All contractual information will be confirmed by email to the address specified by the customer during the purchasing act.
Proof of Transaction
The records stored in THE MERCHANT's computer systems under reasonable safety conditions are considered proof of communications, orders and payments made between the parties.
Purchase orders and invoices are stored on a reliable and durable system and can be produced as evidence.
Every effort has been made to ensure the accuracy of the information presented on THE MERCHANT SITE. THE MERCHANT or its suppliers shall not be held liable for the consequences, accidents, or special damages arising from electronic transmissions or the accuracy of transmitted information, even in cases where THE MERCHANT was aware of the possibility of such damages. Manufacturer and brand names are only used for identification purposes. Product photos, descriptions and prices are non-contractual.
Validity Period of Offer and Prices
Our offers and prices are valid for the day the site is consulted and are subject to change without notice.
Products are delivered to the address specified by the customer on the purchase order and only to geographic zones that we service.
All products leave our premises in perfect condition. The customer must notify the carrier (or postman) of any damage (holes, signs of crushing, etc.) to the package, and refuse the package if it is clear that the contents are damaged.
No exchanges can be made at a later time for goods claiming to be damaged during carriage without notification at the time of reception.
As with any shipment, a delay or loss of goods is possible. In such a case, the carrier shall start an investigation. Every effort is made, for as long as necessary, to find the package. If the package is not found, the carrier will reimburse THE MERCHANT, who will deliver a replacement to the customer free of charge or provide a full refund in the event that a replacement is not available. This will only be done at the point the carrier confirms that the package is lost. The customer agrees to assist THE MERCHANT with any reasonable request for information or images to assist with the claim.
We shall not be held responsible for delayed delivery times due to the carrier or for any other circumstances beyond our control.
No responsibility can be taken for incorrect or incomplete address or delivery details supplied by the customer. Any charges incurred as a result of incomplete or incorrect delivery details shall be the responsibility of the customer.
In the event that the goods are not able to be delievered due to the unavailability of a suitable person to receive the goods or the shipping company being unable to access the delivery location, the shipping company may notify the customer of an address where their goods are available for collection. It is the customer's responsibility to arrange collection. In some circumstances, the shipping company may attempt redelivery of the goods. If the maximum number of redelivery attempts specified by the shipping company is exceeded and the goods remain undelivered, the goods will be returned to THE MERCHANT at the customer's expense. Any requests for the goods to be reshipped will be at the customers expense.
Loss or Damage in Transit
THE MERCHANT will not be responsible for damage or loss of goods or part thereof in transit or for any discrepancy between the goods delivered and the goods ordered unless the customer gives written or email notice of a claim to THE MERCHANT and the carrier within three (3) business days of delivery.
In the event of damage of goods or part thereof in transit or for any discrepancy between the goods delivered and the goods ordered, the customer must hold the goods and make them available for inspection or collection by THE MERCHANT or its representatives on request and also agrees to co-operate with any resonable request for information or images of the damage. The customer must retain all packaging until such time as THE MERCHANT informs them it is no longer needed.
The customer must inform THE MERCHANT within 5 business days concerning any claim of delivery error or non-conformity of goods, in kind or in quality, compared with the information on the purchase order.
Any claim made after this time period may be rejected.
All claims must be made by email to THE MERCHANT.
Any claim that does not respect the rules defined above cannot be taken into account and releases THE MERCHANT of any responsibility to the customer.
In the case of delivery error or exchange, all goods to be exchanged or refunded must be returned to THE MERCHANT in whole, in its original packaging, in perfect condition to THE MERCHANT ADDRESS.
For claims to be accepted, the customer must inform THE MERCHANT of any returns and receive and THE MERCHANT's consent and following any packaging or shipping instructions issued by THE MERCHANT. If accepted, the customer will ship the package to THE MERCHANT ADDRESS or an alternative address that THE MERCHANT specifies.
Shipping fees shall be at THE MERCHANT's expense, except in the case where the goods do not correspond to the original declaration made by the customer concerning the return or where the customer does not follow THE MERCHANT'S return instructions.
Any claim for delivery error will not be considered where the customer has not checked fitment and suitability of an item correctly or has not followed advice, guidance or instructions provided by THE MERCHANT. Where the customer is unable to check fitment or suitability, the advice of THE MERCHANT must be sought before purchase. In such circumstances, the customer may be able to reply on the Right to Withdrawal section of these terms and conditions.
The customer is expressly informed that THE MERCHANT is not the manufacturer of the goods presented in THE MERCHANT SITE and that THE MERCHANT shall not be held liable for defective goods.
In the case of damage to a person or property resulting from a product defect, only the product manufacturer shall be held liable and sought after by the customer, by means of the information provided on the packaging of said product.
All products sold on THE MERCHANT SITE are under a one (1) year warranty unless specified othewwise. All products that have been modified or repaired by the customer or any other party not chosen by THE MERCHANT are not covered by this warranty.
The warranty can be extended according to the terms provided in store and on the website.
Right to Withdrawal
In accordance with the Consumer Contract Regulations in the UK and similar legislation in other European Union countries, customers with the UK and European Union have the right to a cooling off period of fourteen (14) days, starting at the time goods are received, to cancel the contract and return said goods at their own expense, without having to give a reason. THE MERCHANT extends this return period to 30 calendar days. All returns must be authorised by THE MERCHANT by email. All goods must be returned to THE MERCHANT ADDRESS.
The cooling off period and right to cancel do not apply to contracts, orders for any goods made or adapted to your specification, any downloaded goods, unsealed media including but not limited to (DVD, CD, Tapes, Software, Video and audio) or any goods not shown on the website and ordered especially for the customer.
Only complete and unused goods in perfect condition for resale will be accepted. No refunds or exchanges will be made for incomplete or damaged goods, including damage to original packaging except for reasonable damage due to opening in order to inspect the goods. Where goods are not suitable for a refund under these terms, the goods will be returned to the customer at the customers expense.
The customer can exercise this right to withdrawal without penalty, excepting the return shipping costs for the goods. If the customer exercises the right to withdrawal, they have the option of requesting a full refund (less any original shipping costs if they are outside of the UK or European Union) or exchange of goods. If an exchange is requested, all shipping expenses shall be the responsibility of the customer.
If the right to withdrawal is exercised, THE MERCHANT will make every effort to refund the customer within 30 days.
Goods are returned at the customers own risk. The customer should ensure they are suitably packaged and shipped by a service with sufficient insurance against loss or damage. In the event of loss or damage, it is the responsibility of the customer to make a claim to the shipping company. THE MERCHANT will assist with any reasonable requests for information or images to assist the customer with the claim.
All goods are shipped from the UK. Customers outside of the UK and the European Union may be required to pay customs charges, taxes. duties or fees upon importation of their goods. These charges are levied by the customs authorities in the country of delivery and are the sole responsibility of the customer. THE MERCHANT is not responsible for these charges and is not able to advise as to whether these charges apply or not. The customer should make appropriate enquiries with their local customs authority to ascertain such charges.
When an item is returned to THE MERCHANT under any circumstances, the customer may not be able to recover all or any of the customs charges, taxes, duties or fees paid. These charges will remain the responsibility of the customer and THE MERCHANT shall not be liable for them.
When items are returned from outside of the European Union, the customer is responsible for complying with any instructions from THE MERCHANT necessary for the goods to be returned so that THE MERCHNAT does not incur any unnecessary customs charges, duties, taxes or fees as permitted under English Law.
Nigel Marston Motorsport is a Data Controller for the purposes of the General Data Protection Regulations. We collect personal data for the purpose of:
1. Processing customer orders
2. Providing after sales support and service
3. Providing pre-sales support and service
4. Marketing activities
Personal data is collected from the customer or potential customer. Personal data may be collected during marketing activities, from those responding to marketing campaigns, through our website or through our social media accounts.
Personal data is only shared with others when it is necessary to do so in order to carry out the service or provide the product that the customer has requested. Examples of such parties may be product manufacturers, distributors and suppliers, payment service providers, IT service providers, couriers, postal and shipping services, accountants, banks and other financial institutions, solicitors, courts, credit/debt organisations, fraud prevention agencies and statutory bodies. Personal data is never shared with others for marketing purposes.
In order to maintain the accuracy of the data, you may be asked to confirm data already supplied or to check documentation to confirm that supplied data is accurate. You may correct any inaccuracies by contacting us by email or phone.
We have policies and procedures in place to ensure that personal data is kept secure at all times. Staff are appropriately trained to protect personal data and it is stored in a safe and secure environment.
Under the Data Protection Act, individuals have the right to access their data, limit processing or to request that their data is removed. In order to do so, requests in writing may be submitted to the below address or emailed to [email protected]
The Data Controller
Nigel Marston Motorsport
14 Greystoke Avenue
Right of Use
The use of any trademarks, logos or brands present on the site is strictly forbidden.
Neither party will be deemed to be in breach of any of its obligations under the agreement as a result of any delay in performing or any failure to perform any such obligations by reason of any cause or event beyond the parties' control. A force majeure event includes, but is not limited to, any unforeseeable, inevitable, or unstoppable act, event, non-happening, omission or accident beyond the control of either party, despite all reasonable efforts made to the contrary. In addition to events usually recognized by the British courts, a force majeure event includes in particular (without limitation) the following: Strike, lock-out, earthquake, fire, storm, flood, lightning, explosion, impossibility of the use of public or private telecommunications networks.
In such circumstances, the party delayed or unable to perform ("Delayed Party") shall notify the other party ("Affected Party") within ten (10) business days following the date such events become known.
Unless prevented due to force majeure, both parties will examine the impact of the event and agree to the conditions under which the contract shall be continued. If the force majeure lasts longer than one (1) month, this agreement may be terminated by the injured party.
These terms and conditions remain valid and in force, even if one or more clauses are invalid or declared so under any law, regulation or following the final decision of a competent court.
No failure of either party to exercise any power given to it in these terms and conditions or to insist upon strict compliance by the other party with its obligations hereunder shall constitute a waiver of either party's right to demand exact compliance with the terms hereof.
Applicable Law and Competent Jurisdiction
In form and content, these Terms and Conditions shall be governed by and construed in accordance with English law. All orders placed on THE MERCHANT SITE strictly imply the acceptance of THE MERCHANT's terms and conditions.
In case of dispute or claim, the customer agrees to seek an amicable solution with THE MERCHANT before proceeding with any legal action. In the event where such a solution cannot be found, any disputes concerning the sale (price, Terms and Conditions, products, etc.) will be subject to the exclusive jurisdiction of the English courts.