This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (“Products”) and related services (“Services”) listed on our website www.prospeed.co.uk (“our Site”) to you, which covers our different trading divisions ProSpeed Motorsport, ProSpeed Performance, ProSpeed Off Road, ProSpeed Engineering and ProMotion.
Please read these terms and conditions carefully before ordering any Products or Services from our Site. You should understand that by ordering any of our Products or Services, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Please click on the button marked “I Accept” at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products or Services from our Site.
1. Information about us
1.1 www.prospeed.co.uk is a website operated by Prospeed Motorsport Limited (“we”). We are registered in England and Wales under company number 4393770 and our registered office is at Stables, Bell Hall, Escrick, York Yorkshire YO19 6HL. Our main trading address is The Quadrangle, Bell Hall, Escrick, York Yorkshire YO19 6HL. Our VAT number is 806418144.
2. Service Availability
Our Site is only intended for use by people resident in the Serviced Countries – UK, Europe, America, Australia, New Zealand, South Africa. We do not accept orders from individuals outside those countries. Some restrictions are placed on the extent to which we accept orders from specific countries. These restrictions can be found on our Serviced Countries page. Please review our Serviced Countries page before ordering Products or Services from us.
3. Your Status
By placing an order through our Site, you warrant that:
(a) you are legally capable of entering into binding contracts; and
(b) you are at least 18 years old;
(c) you are resident in one of the Serviced Countries; and
(d) you are accessing our Site from that country.
4. How the Contract is formed
4.1 At the time of placing an order, we will acknowledge on-screen that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy the relevant Product and/or Service. The Product and/or Service will only be provided after your payment has been authorised and after we have confirmed our acceptance of your order by sending you an e-mail that confirms your order has been accepted (the “Order Confirmation”). The contract between us (the “Contract”) will only be formed when we send you the Order Confirmation.
4.2 The Contract will relate only to those Products and/or Services which we have confirmed in the Order Confirmation. We will not be obliged to supply any other Products or Services which may have been part of your order until such Products or Services have been confirmed in a separate Order Confirmation.
5. Our Status
5.1 Please note that in some cases, we accept orders as agents on behalf of third party sellers. The resulting legal contract is between you and that third party seller, and is subject to the terms and conditions of that third party seller, which they will advise you of directly. You should carefully review their terms and conditions applying to the transaction.
5.2 We may also provide links on our Site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products or services you purchase from third party sellers through our Site, or from companies to whose website we have provided a link on our Site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
6. Use of the Services
6.1 Whenever ordering any Services described on our Site (for example any automobile workshop services or rally support services) it is your responsibility to provide us with all information requested to ensure a prompt response by us. We may upon notice to you immediately terminate the Contract or suspend the relevant Services at any time if you provide us with incorrect or incomplete information.
6.2 From time to time, we may give you notice of requirements regarding your use of the Services in addition to those set out in these terms and conditions. You agree that further use of the Services shall comply with any such additional requirements we notify to you from time to time.
6.3 You must ensure that you have the relevant automobile and any necessary automotive equipment, accessories or parts we may specify (including locking wheel nuts where necessary) which are needed for us to provide the relevant Services to you.
7. Consumer Rights & Cancellation by you
7.1 If you are contracting as a consumer, you may (subject to Condition 7.3) cancel a Contract as follows:
(a) in relation to any Products, at any time within seven working days, beginning on the day after you receive the Products.
(b) in relation to any Services, at any time within seven working days, beginning on the day after the Contract was made.
In relation to any Products and/or Services cancelled in this way, you will receive a full refund of the price paid for the Products and/or Services in accordance with our refunds policy (set out in Condition 11 below).
7.2 To cancel a Contract, you must inform us in writing. You must also return any Products to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
7.3 Your right to cancel under Condition 7.1 will not apply to the following:
(a) any Products ordered which are specially made to your order or specification; or
(b) any Services after we commence providing those Services to you.
7.4 In addition to your rights under Condition 7.1, whether or not you are contracting as a consumer you may cancel the Contract (or cancel any Product or Services which have not been supplied at that time) if due to our fault we do not fulfil your order in accordance with Condition 9 below. In these circumstances you will receive a pro-rata refund of any part of the price due under the Contract which relates to any Products or Services not supplied at the time of cancellation.
7.5 Details of your statutory right to cancel the Contract, and an explanation of how to exercise it, are provided in the Order Confirmation. This provision does not affect your statutory rights.
8. Cancellation by us
8.1 We are entitled to cancel the Contract immediately by notifying you in writing if:
(a) (unless we agree with you otherwise) you fail to collect any Product ordered within 30 days of the time when we notify you that the Product is available for collection (or, where we agree to deliver the Product to you, we are unable to deliver at your address specified for delivery); or
(b) (unless we are at fault) we are unable to commence providing any Services ordered on any date agreed with you (or, unless we agree with you otherwise, we are unable to commence providing any Services ordered within a reasonable period after we notify you that we are able to commence the Services);
(c) you do not pay the price (or any part of it) due under the Contract when requested to do so.
9. Availability and Delivery
9.1 Your order will be fulfilled by the delivery date(s) set out in the Order Confirmation or, if no delivery date(s) are specified, then within a reasonable time of the date of the Order Confirmation, unless there are exceptional circumstances.
9.2 Your order will be delivered by a 3rd party courier service or a local postal service.
10. Price and Payment
10.1 The price of any Products and Services ordered will be as quoted on our Site from time to time, except in cases of obvious error. We will be under no obligation to provide any Products or Services until the price of those Products and Services has been paid in full.
10.2 These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Guide. Delivery costs will usually be calculated and displayed at the time of your order and added to the total amount due unless otherwise stated.
10.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
10.4 Our Site contains a large number of Products and Services and it is always possible that, despite our best efforts, some of the Products or Services listed on our Site may be incorrectly priced. We will normally verify prices so that, where correct price of a Product or Service is less than our stated price, we will charge you the lower amount. If the correct price of a Product or Service is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before dispatching the Product or providing the Service, or reject your order and notify you of such rejection.
10.5 We are under no obligation to provide the Product or Service to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
10.6 We may increase the price of any Product ordered if there is an increase in the manufacturer’s price for that Product before delivery. We will notify you in writing of any such increase, and you may then cancel the Contract for the supply of that Product by giving us written notice within 10 days after you receive our notice concerning the price increase. You will be bound to pay the increased price if you do not cancel the Contract in this way.
10.7 Payment for all Products and Services must be by credit or debit card, as detailed on the Site. Your credit or debit card details will be encrypted to minimise the possibility of unauthorised access or disclosure. Authority for payment must be given at the time of placing your order.
11. Our Refunds Policy
11.1 If you cancel the Contract within the seven-day cooling-off period in accordance with Condition 7.1, you must comply with Condition 7.2 and we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Products and any Services in full (subject to Condition 7.3), including the cost of sending the Products to you. However, you will be responsible for the cost of returning the Products to us.
11.2 If you wish to cancel the Contract because any Products supplied are defective, you must comply with Condition 7.2 and we will examine the returned Products and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. Defective Products returned by you will be refunded in full, including a refund of any delivery charges for us sending the item to you and the cost (if any) incurred by you in returning the item to us.
11.3 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
12. Warranty & our Liability
12.1 We warrant to you that:
(a) any Product purchased from us through our Site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied; and
(b) we will use reasonable skill and care when providing any Services to you.
12.2 We also provide a Limited Lifetime Warranty in respect of certain types of products we manufacture which may be available in relation to the Products (subject to our Limited Lifetime Warranty Terms & Conditions, which includes certain conditions and exclusions which affect your ability to make a claim under it).
12.3 Our liability for losses you suffer as a result of us breaking the Contract is strictly limited to the purchase price of the Products and/or Services purchased and any losses which are a foreseeable consequence of us breaking the Contract. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
12.4 This does not include or limit in any way our liability:
(a) for death or personal injury caused by our negligence;
(b) under section 2(3) of the Consumer Protection Act 1987;
(c) for fraud or fraudulent misrepresentation; or
(d) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
12.5 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:
(a) loss of income or revenue
(b) loss of business
(c) loss of profits or contracts
(d) loss of anticipated savings
(e) loss of data, or
(f) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise
provided that this Condition 12.5 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of Condition 12.1 or Condition 12.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (f) inclusive of this Condition 12.5.
12.6 If you buy any Product or Services from a third party seller through our Site, the seller’s individual liability will be set out in the seller’s terms and conditions.
13. Import Duties/taxes
13.1 If you order Products or Services from our Site for supply outside the UK, they may be subject to import duties and taxes which are levied when the Product is delivered or the Services are provided at the specified destination. You will be responsible for payment of any import duties and taxes in relation to Products and Services supplied outside the UK. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
13.2 Please also note that you must comply with all applicable laws and regulations of the destination country into which the Products or Services are supplied. We will not be liable for any breach by you of any such laws.
14. Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our Site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
15. Notices
All notices given by you to us must be given to Prospeed Motorsport Limited at The Quadrangle, Bell Hall, Escrick, York YO19 6HL or by email to info@prospeed.co.uk. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in Condition 14. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
16. Transfer of Rights and Obligations
16.1 The Contract between you and us is binding on you and us and on our respective successors and assigns.
16.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
16.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
17. Events outside our Control
17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Events”).
17.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
17.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
18. Waiver
18.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
18.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
18.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with 15 above.
19. Entire Agreement
19.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
19.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
19.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
20. Our right to vary these terms and conditions and the Services
20.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods and changes in relevant laws and regulatory requirements.
20.2 You will be subject to the policies and terms and conditions in force at the time that you order Products or Services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Order Confirmation).
20.3 We operate a policy of continually reviewing and developing the Services we provide, and accordingly we reserve the right, provided that we give you reasonable notice, to make any changes to any Service, or discontinue or substitute any such services or parts thereof, at any time where we deem this to be necessary to comply with any applicable statutory requirements, or which in our reasonable opinion do not materially affect the nature or quality of the Service.
21. Severability
If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
22. Law and Jurisdiction
Contracts for the purchase of Products and/or Services through our Site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.