1; What these Terms Cover and 2; Who We Are
These are the terms and conditions on which we supply products to customers who are consumers (i.e. a customer who buys products from us for a purpose wholly outside his or her trade, business, craft or profession).
1.2 Why you should read them.
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss before placing an order with us.
2. Information about us and how to contact us
2.1 Who we are.
We are AJS Motorcycles Limited a company registered in England and Wales. Our company registration number is 01409055 and our registered office is at 126 Weyhill Road, Andover, Hampshire SP10 3BE. Our principal place of business is at Unit 3, Balksbury Industrial Estate, Upper Clatford, Andover, Hampshire SP11 7LW. Our registered VAT number is 314 2291 92.
2.2 We only supply motorcycles and scooters to AJS dealers.
We only supply motorcycles and scooters to AJS dealers registered with us. All technical or warranty queries relating to such products should be directed to your AJS dealer. To find your local AJS dealer, visit www.ajsmotorcycles.co.uk and use the dealer locator.
2.3 Parts and accessories.
We supply parts and accessories for specified motorcycles and scooters and other items (such as pin badges, wallets, tool rolls and leather vests) shown on our website direct to business customers and also to customers who are consumers.
2.4 How to contact us.
You can contact us by telephoning our customer service team at 01264 365103 or by writing to us by post at Unit 3, Balksbury Industrial Estate, Upper Clatford, Andover, Hampshire SP11 7LW or by email at firstname.lastname@example.org
2.5 How we may contact you.
If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.6 "Writing" includes emails.
When we use the words "writing" or "written" in these terms, this includes emails.
3; Our Contract with you
3.1 How we will accept your order.
Our acceptance of your order will take place when we confirm to you in writing that we accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order.
If we are unable to accept your order, we will inform you of this (usually in writing) and will not charge you for the product. Some examples of reasons why we might be unable to accept your order include: because the product is out of stock; because of unexpected limits on our resources which we could not reasonably plan for; because a credit reference we have obtained for you does not meet our minimum requirements; because we have identified an error in the price or description of the product; or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number.
We will assign an order number to your order and tell you what that number is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 We usually sell within the UK.
Our website is intended for the promotion of our products in the United Kingdom. Occasionally, we may accept orders from and/or deliver to an address outside the UK, but we reserve the right to refuse to accept such orders.
15. Other important terms
15.1 We may transfer this agreement to someone else.
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract OR We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 15 days of us telling you about it and we will refund you any payments you have made in advance for products not provide.
15.2 You need our consent to transfer your rights to someone else.
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.3 Nobody else has any rights under this contract.
This contract is between you and us. No other person shall have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.
15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you for it but we continue to provide the products, we can still require you to make the payment at a later date.
15.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. [If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
15.7 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to The National Conciliation Service, First Floor, 2 Allerton Road, Rugby CV22 0PA.
Model Cancellation Form
(Complete and return this form only if you wish to withdraw from the contract)
To: AJS Motorcycles Limited
Unit 3, Balksbury Industrial Estate
I/We* hereby give notice that I/We* cancel my/our* contract of sale of the following goods*,
Ordered/received* on:........................ [insert date],
Name of consumer(s):...................................................... [insert name(s)]
Address of consumer(s):..............................................................................
Signature of consumer(s) .............................................................................. (only if this form is notified on paper),
* Delete as appropriate
4; Our Products
4.1 Products may vary slightly from their pictures.
The images of the products on our website are for illustrative purposes only. Some images are "library" or "generic" and while are representative of the product being displayed, may not be the part itself. Although we have made reasonable efforts to display colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of any product.
4.2 Product packaging may vary.
The packaging of the product may vary from that shown on images on our website. We reserve the right to use "recycled packaging"
Making Changes - 5; Your Rights and 6; Our Rights
5. Your rights to make changes
If you wish to make a change to the product you have ordered please contact us and we will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
6. Our rights to make changes
6.1 Minor changes to the products.
We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example to address a safety issue. These changes will not affect your use of the product.
6.2 More significant changes to the products and these terms.
If we wish to make significant changes to these terms or any product that you have ordered, we will notify you and you may then contact us to end the contract and receive a full refund before the changes take effect. Such changes might include: a change in price to reflect a change in the rate of value added tax or a genuine pricing error in the pre-contract information or contract documentation; or a change in the delivery charges or time for delivery to reflect the terms on which a third party agrees to provide delivery services to us.
7; Providing the Products
7.1 Delivery charges.
We do not deliver products ourselves and use a third party delivery services. We reserve the right to send the product in the most cost effective and secure manner. We will normally send all web-shop orders by a signed courier method but reserve the right to send the goods by Royal Mail. For UK mainland deliveries weighing up to 2kg, we normally use 1st class Royal Mail post and for goods weighing over 2kg, we normally use a courier. For non-UK mainland deliveries weighing up to 1kg, we normally use AirMail and for goods weighing over 1kg, large or valuable items we normally use a courier. Deliveries valued above £20 will normally require a signature.
The costs of delivery will be as displayed to you on our website during checkout.
7.2 When we will provide the products.
We aim to despatch orders the same day if we receive the order prior to 12 noon. Orders after 12 noon may be shipped the following working day. For UK mainland deliveries of products in stock, we will arrange delivery of the products to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order. Delivery will be normally be within 60 days after the day on which we accept your order.
7.3 We are not responsible for delays outside our control.
If our supply of the products is knowingly delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take appropriate steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for, but not received.
7.4 Collection by you.
If you have asked to collect the products from our premises, by arrangement with us and after our confirmation the order is ready you can collect them from us at any time during our working hours of 9.00 a.m. to 5.00 p.m. on Mondays to Fridays (excluding public holidays or shut-down periods).
7.5 If you are not at home when the product is delivered.
If no-one is available at your address to take delivery and the products require a signature or are too large to be posted through your letterbox, the package may be left with a neighbour (a note or text will be left for you to be aware of this) or the package will be taken back & we will arrange for a note to be left for you informing you of how to rearrange delivery or collect the products from the nearest depot.
7.6 If you do not re-arrange delivery.
If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.
7.7 When you become responsible for the product.
The product will be your responsibility from the time it is delivered to the address you gave us or you collect it from us.
7.8 When you own the product. You own a product once we have received payment in full for it.
7.9 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, selected options or personal details. If so, this will have been stated in the description of the products on our website. Where necessary, we will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.10 Reasons we may suspend the supply of products to you.
We may have to suspend the supply of a product to:
(a) deal with technical problems or circumstances outside our control or to make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the product as requested by you or notified by us to you.
(d) there is a problem obtaining payment or authorisation of your payment method.
7.11 Your rights if we suspend the supply of products.
We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than two months and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
Ending the Contract - 8; Your Rights, 9; How to End The contract & 10 Our Rights
8. Your rights to end the contract.
8.1 You can end your contract with us.
Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back);
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
(c) If you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods.
8.2 Ending the contract because of something we have done or are going to do.
If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to;
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 2 months; or
(e) you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind.
For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 Rights under the Consumer Contracts Regulations.
Your legal rights under the Consumer Contracts Regulations 2013 allow you a 14-day period to change your mind provided that you, as the customer, pay the cost of returning the goods to us. This does not affect your legal rights in relation to faulty or misdescribed products.
8.5 When you don't have the right to change your mind.
You do not have a right to change your mind:
(a) where the contract between you and us is an off-premises contract under which the payment to be made is less than £42; Off-premises means not our usual place of business.
(b) in respect of products made to your specifications or that are clearly personalised;
(c) in respect of products liable to deteriorate or expire rapidly;
(d) in respect of products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
(e) in respect of any products (for example, oils and fuel additives) which become mixed inseparably with other items after their delivery.
8.6 How long do you have to change your mind?
When you have purchased products which are goods, you have 14 days after the day you (or someone you nominate) receives the goods, unless:
(a) Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
(b) Your goods are for regular delivery over a set period. In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.
8.7 Ending the contract where we are not at fault and there is no right to change your mind.
If we are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, you need to contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided, but we may deduct from that refund (or, if you have not made an advance payment, charge you) a reasonable sum as compensation for the net costs we will incur as a result of your ending the contract.
9. How to end the contract with us (including if you have changed your mind)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Phone or email.
Call us on 01264 365103 or email us at email@example.com Please provide your name, home address, details of the order and, where available, your phone number and email address.
Complete the contact form on our website www.ajsmotorcycles.co.uk
(c) By post.
To: AJS Motorcycles Ltd., 3, Balksbury Industrial Estate, Upper Clatford, Andover, Hampshire SP11 7LW, UK
9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must return the goods in person to where you bought them, post them back to us at AJS Motorcycles Ltd., Unit 3, Balksbury Industrial Estate, Upper Clatford, Andover, Hampshire SP11 7LW. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
9.3 When we will pay the costs of return.
We will pay the costs of return:
(a) if the products are faulty or misdescribed; or
(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
9.4 What we charge for collection.
If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.
9.5 How we will refund you.
We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.6 Deductions from refunds.
If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
9.7 When your refund will be made.
We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
(a) If we have not offered to collect the products, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
10. Our rights to end the contract
10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, selected options or personal details;
(c) you do not, within a reasonable time, allow us to deliver the products or to you or collect them from us.
10.2 You must compensate us if you break the contract.
If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided, but we may deduct or charge you a sum as reasonable compensation for the net costs we will incur as a result of your breaking the contract.
11; If there is a problem & 12; Where to find the price of the product
13; Our responsibility for loss of damage suffered by you.
13.1 We are responsible to you for foreseeable loss and damage caused by us.
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2 We are not liable for business losses.
We only supply the products to consumer customers for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14; How we may use your personal information
14. How we may use your personal information.
14.1 How we will use your personal information. We will use the personal information you provide to us:
(a) to supply the products to you;
(b) to process your payment for the products; and
(c) if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these messages at any time by contacting us.
14.2 We may pass your personal information to credit reference agencies. Where we extend credit to you for the products we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.
14.3 We will only give your personal information to third parties where the law either requires or allows us to do so.