Terms & Conditions
1. GENERAL
In these conditions: "The Buyer" means the person, firm or company who purchases product from the web site or accepts a quotation of the Seller for sale of the goods or whose order for the goods is accepted by the Seller. "The Seller" means 4WheelpPlay, from the address as stated. "The Goods" means the goods and or materials, which the Seller is to supply and which are the subject of the contract between the Seller and the Buyer. The contract between the Seller and the Buyer shall be subject to these conditions which shall govern the said contract to the exclusion of any other terms and conditions subject to which any quotation is accepted or purported to be accepted or any order is made or purported to be made by the Buyer. The contract between the Seller and the Buyer does not affect the Buyers statutory rights No variations of these Conditions shall be binding unless agreed in writing by a Director of the Seller. Any typographical, clerical or other error or omission in any sales literature, quotation, list price, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller. The headings in these conditions are for convenience only and shall not effect their interpretation. If any provision of these conditions is held by a competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and the remainder of the provision in question shall not be affected thereby.
2. QUOTATIONS AND PRICE
All prices specified on the 4WheelPlay Web Site are subject to variation by the Seller without prior notice. All prices quoted or accepted are inclusive of VAT. All prices unless otherwise stated are exclusive of all transport, goods insurance, forwarding and other costs, which shall be added to the Buyer's Basket/Cart at the end of the transaction process.
3. TERMS OF PAYMENT
Credit Card, Debit Card. All payments are handled by Protx and HSBC.
There is no surcharge for card transactions. We currently accept payments by cheque(at the discretion of 4WheelPlay) from within the United Kingdom (GBP), however, due to the number of "bad" cheques that have been received no goods will be processed until funds have cleared. Please ensure all cheque guarantee card details are on the reverse of the cheque before sending. Payment by Business cheque must be agreed with 4WheelPlay in advance.
4. DELIVERY
Time shall not be of the essence for the purpose of delivery of Goods by the Seller unless stated as part of a contractual agreement between both parties. Delivery terms are quoted without guarantee or penalty and the time for delivery shall run from the date the order is received or the date on which sufficient information is received from the Buyer to enable the Seller to proceed with the execution thereof whichever is the later. Subject to the provisions of paragraph the above where contracts provide for a single delivery without specifying date goods shall be delivered and accepted as soon as available for delivery. In the event of failure by the Buyer to accept any delivery, that delivery shall be returned to 4WheelPlay and refunded at the discretion of 4WheelPlay. Every effort shall be made by the Seller to effect delivery in accordance with these terms and conditions but the Seller will not be liable for any loss or damage arising due to delay on delivery however caused. Each delivery shall constitute a separate contract, which shall be subject to these terms, and conditions. For further details on our delivery policy which form part of these terms and conditions please see 'Shipping and Returns'.
5. CLAIMS & RETURNS POLICY & PROCEDURE
Upon receipt of the goods, any damages or shortfall noticed must be reported immediately by email ([email protected]) or telephone (0845 466 0747) to 4WheelPlay and shall be within three days of delivery of goods ordered (and time shall be of the essence). An authorisation Returns Number will be given to enable the Buyer to return the goods. NO goods will be accepted without a Returns Authorisation Number. Damaged goods claims will be processed within 5 working days of notification, as will shortfalls in the order. In the event that the Buyer mistakenly ordered the wrong product, the Seller will refund the cost of the goods (less the initial delivery charge) when they are received back by the Seller in a re-saleable condition in the original and undamaged packaging. The cost of return shall be paid by the Buyer and will not be refunded. All goods that are being returned must be re-packed to the same standard of protection as when the Buyer received them. Returned goods that are damaged in transit due to poor packaging will NOT be refunded, and will be returned to the Buyer. All returns must be accompanied by the Returns Authorisation Form fully completed, including the Buyers Full Name and Address (This is the name appearing on the Invoice under "INVOICE/DELIVERY ADDRESS") a daytime telephone number, the Invoice Number, and a brief description of the situation that needs to be resolved. All returns must be sent back to the Seller by registered post or by other means that require a signature of receipt of the goods at the Sellers warehouse or reception.A re-stocking fee of 15% is applied to all returns laying outside of the seven day from receipt cancellation period. This does not affect the Buyers statutory rights. For further information on the Returns policy please see shipping and returns policy.
6. LIMITATION OF SELLER'S LIABILITY
Any express or implied statement, condition or warranty, statutory or otherwise, not stated herein is hereby excluded and deemed to be inconsistent herewith, and no responsibility is accepted by the Seller for any damage or loss arising directly or indirectly out of goods, supplied or for any damage or loss arising by reason of any failure of goods to comply with the specification or with statutory requirements whether attributable to Seller's negligence or otherwise save to the extent that exclusion of liability is prohibited by law.
Subject to paragraph 5 and above the Seller's liability for any loss and or damage whether direct or indirect consequential or howsoever caused shall be limited, at the Seller's discretion, to: replacement or repair of the goods supplied or return of the purchase price and or the price paid for services less a one twelfth part of such price for each month that has elapsed since delivery or supply of the services.
7. FORCE MAJEURE
The Seller shall not be liable to the Buyer or deemed to be in breach of contract by reason of any delay in performing or failing to perform any of the Seller's obligations in relation to the goods if the delay or failure was due to any cause beyond the Seller's control. Without prejudice to the generality of the foregoing any act of God, war, strikes, flood, lockouts, fire, tempest and inability of the Seller to procure materials or articles required for the performance of the contract which may prevent the fulfilment thereof shall be regarded as causes beyond the Seller's reasonable control. In the event of any failure or delay to perform any contract as a result of the said causes such contracts, at the Seller discretion, may be varied or cancelled by the Seller or delivery may be wholly or partly suspended and time for delivery may be extended by the Seller without the Seller being liable to the Buyer or being deemed to be in breach of contract.
8. PROPERTY IN GOODS
Risk of damage to or loss of the Goods shall pass to the Buyer: in the case of Goods to be delivered at the Seller's premises at the time when the Seller notifies the Buyer that the goods are available for collection; or in the case of Goods to be delivered otherwise than at the Seller's premises, at the time of delivery or, if the Buyer wrongfully fails to take delivery of the Goods, the time when the Seller has tendered the delivery of the Goods.
Notwithstanding delivery and the passing of risk in the Goods, or any other provisions of these Conditions, the property in the Goods or any part of them shall not pass to the Buyer until the Seller has received in cash (Credit Card / Debit Card or cleared funds) payment the full price of the Goods. Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as the Seller's fiduciary agent and bailee, and shall keep the Goods separate from those of the Buyer and third parties and properly stored, protected and insured and identified as the Seller's property. Until that time the Buyer shall be entitled to resell or use the Goods in the ordinary course of its business, but shall account to the Seller for the proceeds of sale or otherwise of the Goods, whether tangible or intangible, including insurance proceeds, and shall keep all such proceeds separate from any moneys or property of the Buyer and third parties and, in the case of tangible proceeds properly stored, protected and insured. Until such time as the property in the goods passes to the Buyer (and provided the Goods are still in existence and have not been resold), the Seller shall be entitled at any time to require the Buyer to deliver up the Goods to the Seller and, if the Buyer fails to do so forthwith, to enter upon any premises of the Buyer or any third party where the Goods are stored and repossess the Goods. The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Seller, but if the Buyer does so all moneys owing by the Buyer to the Seller shall (without prejudice to any other right or remedy of the Seller) forthwith become due and payable.
9. WAIVER
No concession or indulgences granted to the Buyer shall prejudice future exercise of the Seller's full right hereunder.
10. ALTERATIONS
Alterations to any orders accepted by the Seller cannot be accepted without the Seller's consent in writing (or by email correspondence) and any additional costs involved will be chargeable to the Buyer.
11. CANCELLATIONS
Under the EC Distance Selling Directive, you have the right to cancel the contract for your purchase within 7 working days of delivery. You do not need to give us any reason for cancelling your contract, nor will you have to pay any penalty. You cannot cancel your contract if the goods you have ordered are audio or video recording or computer software, and you have taken these items out of the sealed packages in which they were delivered to you.
To cancel a contract, write "Cancel Contract" on the back of the invoice. Package the items securely and send them to us with the invoice within seven working days following delivery. We request that you email us at [email protected] to tell us that you are returning goods before you send them. 24 hours' advance warning is required for returns. The return address is:
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4WheelPlay Mostyn Road Greenfield Flintshire CH8 9DN 01352 716255 |
Tel: 01352 716255
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We recommend that you use a recorded-delivery service. Note that you will be responsible for the costs of returning the goods to us unless we delivered the item to you in error. You should be aware that once we begin the delivery process, you will not be able to cancel any contract you have with us for services carried out by us (for example, postage and packing - these will be charged at carriage cost notwithstanding any "free" carriage offers that may be running on the site). When we receive the goods with the notice of your cancellation of this order, we will refund the relevant part of the purchase price for that item.Once you have notified us that you are cancelling your contract, any relevant sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order, provided that the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
12. ASSIGNMENTS
The contract of which the Conditions form part is personal to the Buyer who shall not assign the benefit thereof without the Seller's written consent.
13. LEGAL CONSTRUCTION
Any contract entered into between the Seller and the Buyer shall in all respects be construed and operate as a Contract subject to the Laws of England and Wales.
14. PRIVACY
Our privacy policy detailed on this site is part and parcel of our terms and conditions of use.
