Terms & Conditions
These Terms will apply to any contract between Us for the sale of Goods to you. Please read these Terms carefully and make sure that you understand them, before ordering any Goods from Our site. Please note that before placing an Order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Goods from Our site.
We reserve the right to amend these Terms from time to time. Every time you wish to order Goods, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any contract between us, are only in the English language.
1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
Event Outside Our Control: is defined in clause 12.2
Goods: the goods that We are selling to you as set out in the Order;
Order: your order for the Goods;
Special Order: an order for Goods which have been customised to suit your own requirements
Terms: the terms and conditions set out in this document; and
We/Our/Us: Moto-Lita Limited incorporating Aviation Leathercraft, company number 00821489, register at: Unit 2, Fairview Road, Weyhill, Andover, SP11 0ST. Our main trading address is Unit 2, Fairview Road, Weyhill, Andover, SP11 0ST. Our VAT number is GB 568747579.
1.2 When We use the words "writing" or "written" in these Terms, this will include e-mail and fax unless We say otherwise.
2. Our contract with you
2.1 These are the terms and conditions on which We supply Goods to you.
2.2 Please ensure that you read these Terms carefully, and check that the details on the Order and in these Terms are complete and accurate, before you sign and submit the Order. If you think that there is a mistake, please contact Us to discuss.
2.3 When you sign and submit the Order to Us, you will receive an e-mail from Us acknowledging that We have received your Order. However please note that this does not mean that your Order has been accepted. Our acceptance of your Order takes place as described in clause 2.4.
2.4 We will confirm Our acceptance of your Order to you by sending you an e-mail (to the address specified by you) that confirms that the Goods have been dispatched (dispatch confirmation). The contract between Us will only be formed when We send you the dispatch confirmation.
2.5 We shall assign an order number to the Order and inform you of it when We confirm the Order. Please quote the order number in all subsequent correspondence with Us relating to the Order.
3. Changes to order
3.1 You may make a change to the Order for Goods within 7 calendar days of placing the Order by contacting Us. Where this means a change in the total price of the Goods, We will notify you of the amended price in writing. You can choose to cancel the Order in accordance with clause 13 in these circumstances.
4. Delivery of goods
4.1 Please note that timescales for delivery and delivery charges will vary depending on the availability of the Goods and your address. Times stated on the dispatch confirmation are provided as estimates only. Whilst We make every effort to ensure delivery within the estimated timescales We accept no liability for loss arising as a result of late delivery. Occasionally Our delivery to you may be affected by an Event Outside Our Control. See clause 12 for Our responsibilities when this happens.
4.2 The Goods will be delivered to an address specified by you. If you have asked to collect the Goods from Our premises, you can collect the Goods from Us at any time during Our working hours of 9am-4pm Monday to Thursday and 9am-12pm on Fridays excluding bank holidays.
4.3 If no one is available at your address to take delivery, Our agent will leave you a note in order for you to have your goods re-delivered, if you are not at your address when the delivery is attempted again the goods may be returned to us, in which case, please contact Us to rearrange delivery (delivery costs are your responsibility).
5. International delivery
5.1 If you order Goods from our site for delivery to an international destination, your Order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that We have no control over these charges and We cannot predict their amount.
5.2 You will be responsible for payment of such import duties and taxes. Please contact your local customs office for further information before placing your Order.
5.3 You must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable or responsible if you break any such law.
6. Ownership and risk
6.1 Ownership in the Goods will not pass to you until We have received cleared payment for the full price of the Goods and all other sums due.
6.2 Risk of damage or loss of the Goods shall pass to you:
a) in the case of Goods being collected from Our premises, at the time We notify you that the Goods are available for collection; or
b) When We deliver such Goods to an address specified by you (or where you fail to take delivery, on the second due date for delivery); or
c) At the time of posting, if you request the Goods to be posted by Us to you; or
d) At the time of Us handing the Goods to a third party if you arrange for the Goods to be collected by a third party carrier
6.3 Property supplied to Us in relation to Special Orders is done so at your own risk.
7. If the goods are faulty
7.1 In the event that the Goods are damaged or are not as expected you must notify Us within 24 hours of delivery and return the Goods (at your own risk and expense) within seven days; We accept no responsibility for any accidental damage caused by you.
7.2 The Goods must be unused and must be repackaged in the original packaging with the copy invoice. The Goods must be returned by Royal Mail if small and by carrier if large. We will refund the postage costs if inspection of the goods reveals that they are faulty.
7.3 Replacement Goods will be dispatched upon receipt of the original Goods.
7.4 In the event that We cannot offer you a replacement We will refund you the price paid for the Goods and your reasonable costs of returning the Goods.
8. Refunds policy
8.1 We manufacture a Special Order according to the written instructions you provide Us (verbal instructions are not accepted). Whilst We endeavour to produce the Special Order according to your instructions the Special Order can only be customised to the extent that an individual pattern allows. Please make sure that your measurements are correct and accurate. Unfortunately, We cannot accept the return of Special Orders that have been commissioned by you. However, this will not affect your legal rights as a consumer in relation to Special Orders that are faulty or not as described.
8.2 All returned Goods must be unused to qualify for a refund. You must make contact with Us noting your desire to obtain a refund, stating your name, address and order number. You must also send details of the return by e-mail to firstname.lastname@example.org.
8.3 The Goods must be returned (at your own expense) within 14 calendar days of receipt. All returned Goods will be inspected and We may reimburse to you all payments received from you. If We reimburse you We will do so using the same means of payment used to purchase the Goods. We may withhold reimbursement until We have received the Goods back from you. The delivery costs will only be reimbursed if the garment is faulty.
8.4 If you are unhappy with the Goods for any reason or you change your mind, you may return them to Us (provided that they are unused) at your own cost within 30 calendar days of receipt. If the Goods are returned after 14 days but within 30 days of receipt We will give you a partial refund of the purchase price less 10% restocking fee.
9. Seller's guarantee of goods
9.1 We guarantee that for a period of 1 year from the invoice date, the Goods shall be free from manufacturing defects. However, this guarantee does not apply in the circumstances described in clause 9.2.
9.2 This guarantee does not apply to any defect in the Goods arising from:
(a) fair wear and tear;
(b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
(c) if you fail to operate or use the Goods in accordance with the user instructions and our terms and conditions;
(d) any alteration or repair by you or by a third party who is not one of Our authorised repairers;
(e) any specification provided by you.
9.3 If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Without limitation to the generality of the foregoing, we are not responsible if you fail to fit steering wheels and bosses supplied by Us in a correct manner, and We recommend this should be done by a qualified motor engineer.
10. Price and payment
10.1 The price of the Goods will be set out in Our current price list in force at the time We confirm the Order. The price displayed is exclusive of VAT and delivery charges. Our delivery charges are advised to you during the check-out process, before you confirm your Order. Our prices may change at any time, but price changes will not affect Orders that We have confirmed with you. You will be sent an invoice prior to delivery of the Goods.
10.2 You can only pay for Goods (in pounds sterling) using a debit card or credit card.
11. Our liability to you
11.1 We do not exclude or limit in any way Our liability for:
(a) death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
11.2 Subject to Clause 11.1 Our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Goods.
12. Events Outside Our Control
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
12.2 An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
12.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
(a) We will contact you as soon as reasonably possible to notify you; and
(b) Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our delivery of Goods to you, We will arrange a new delivery date with you after the Event Outside Our Control is over.
12.4 You may cancel the contract if an Event Outside Our Control takes place and you no longer wish Us to provide the Goods. Please see your cancellation rights under clause 13. We will only cancel the contract if the Event Outside Our Control continues for longer than 4 weeks in accordance with Our cancellation rights in clause 14.
13. Your rights to cancel and applicable refund
13.1 You have the following rights to cancel an Order for Goods (other than Special Orders), including where you choose to cancel because We are affected by an Event Outside Our Control:
(a) You may cancel any Order for Goods in writing within 14 calendar days from the date on which you acquire, or a third party (other than the carrier) identified by you acquires, physical possession of the Goods. We will confirm your cancellation in writing to you;
(b) To cancel your Order you must contact Us stating your desire to cancel the Order, stating your name, address and the order number. You may, as an alternative, use the attached model cancellation form and send this to Us via e-mail or post, but it is not obligatory.
(c) Unfortunately, as Special Orders are made to your requirements, you must cancel your Order within 7 days of placing the Order. The initial 25% deposit paid by you is non-refundable.
Advice about your legal rights to cancel the contract is available from your local Citizens Advice Bureau or Trading Standards Office.
14. Our rights to cancel and applicable refund
14.1 We may have to cancel an Order before the Goods are delivered, due to an Event Outside Our Control or the unavailability of stock. If this happens:
(a) We will promptly contact you to let you know;
(b) if you have made any payment in advance for Goods that have not been delivered to you, We will refund these amounts to you;
(c) where We have already started work on your Order for Special Orders by the time We have to cancel under clause 14.1(a), We will not charge you anything and you will not have to make any payment to Us.
15. Information about us and how to contact us
15.1 If you have any questions or if you have any complaints, please contact Us. You can contact Us by telephoning Our customer service team at 01264 772811 or by e-mailing Us at: email@example.com
15.2 If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing (for example, to cancel the contract), you can send this to Us by e-mail, by hand, or by post to Moto-Lita Limited at Unit 2, Fairview Road, Weyhill, Andover, SP11 0ST. We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail, by hand, or by post to the address you provide to Us in the Order.
16. How we may use your personal information
16.1 We will use the personal information you provide to Us to:
(a) provide the Goods;
(b) process your payment for such Goods; and
(c) inform you about similar products or services that We provide, but you may stop receiving these at any time by contacting Us.
16.2 You agree that We may pass your personal information to credit reference agencies and that they may keep a record of any search that they do.
16.3 We will not sell your personal data to any other third party.
17. Other important terms
17.1 We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify you in writing if this happens, but this will not affect your rights or Our obligations under these Terms.
17.2 This contract is between you and Us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
17.3 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.
17.4 If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
17.5 These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts.