RETURNS POLICY and TERMS &
CONDITIONS of PURCHASE
RETURNS
Are products I buy under
guarantee?
Yes, all
items are sold with a 7 day return to base guarantee. This is for manufacturing
faults only and does not include damage caused by the user, misuse or wear and
tear. This does not exclude your statutory rights.
If you
are reporting a fault within the manufacturer’s warranty period then we
strongly recommend that you first contact the manufacturer direct to have the
fault repaired, this is often the quickest solution as many manufacturers have
special service centres or telephone help facilities for your convenience. If
you are unable to contact the manufacturer then please contact our customer services
via the eBay messaging service.
What if I
have bought the wrong size?
If you receive an item from us and you find it does not fit you may
return it to us provided that it is unused and still has its original packaging
and tags intact, all you will be responsible for is the cost to send the item
back to us. We will then offer you a full item refund or will exchange the
product for a different size. If you require an exchange you will be required
to pay for the cost of sending the replacement item out to you.
What if I
don’t like the product I have received?
We would
always hope that customers will be happy with the products they purchase from
us, however if you do receive any item that you are unhappy with you can return
it to us within 7 days of delivery for a full item refund or exchange, all you
will be responsible for is the cost of postage to return the item to us. You do
have a legal obligation to take good care of the products while they are in
your possession and we can only accept items for return if they are unused and
have all original tags and packaging.
What if
there is a fault with the product I received?
If you
have received an item that is damaged or has a fault in any way please return
it to us within 7 days of delivery with all tags and original packaging,
including your receipt for return postage. If we agree that there is a fault
with the product or damage caused by ourselves we will then offer you a full
refund including your postage costs. Alternatively we can arrange for our
courier to deliver you a replacement product and collect the damaged goods at
the same time. If you would prefer to receive this service please contact us
via the eBay messaging service.
Where do
I return products to?
Please
refer to the Returns Address label on the packaging of the delivery that you
receive.
Do I need
to include anything?
We would
be very grateful if any customers returning items could supply a copy of the
invoice that we sent out with the goods. This will help us to process your
refund or exchange more efficiently. Failure to include the invoice details can
cause a delay.
What if I
want to return a product after 7 days?
We will
normally be unable to offer refunds or exchanges on products later than seven
days after delivery unless it is a manufactures fault that is covered by the
manufacturer’s warranty. In this instance please contact us via the eBay
messaging service.
How long
will it take to receive my refund?
We
endeavour to process all refunds as soon as possible and all refunds will be
paid within a maximum of thirty days. Refunds can only be processed once any
goods have been returned to us. Refund payments will normally be made via the
same payment method that you originally made payment with.
CONTRACT FOR THE PURCHASE OF
PRODUCTS FROM OUR EBAY STORE
This
document (together with any other documents referred to on it) tells you the
terms and conditions on which we supply any of the products (Products) listed
on our eBay store. Please read these terms and conditions carefully before
ordering any Products from our store. You should understand that by ordering
any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
1.
INFORMATION ABOUT US
1.1
This eBay store is operated by Flying Octopus Distribution Ltd.
We are
registered in England No. 7052786
2.
SERVICE AVAILABILITY
2.1
Our eBay store is only intended for use by people resident in the United Kingdom
of Great Britain and Northern Ireland (UK), member states of the European Union
(EU), Australia and New Zealand.
3. YOUR
STATUS
By
placing an order through our store, you warrant that:
a. You are legally capable of entering into binding contracts; and
b. You are at least 18 years old;
4. HOW
THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1
After placing an order, you will receive an eBay e-mail from us acknowledging
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 a
Product. All orders are subject to acceptance by us, and we will confirm such
acceptance to you by sending you an eBay e-mail that confirms that the Product
has been dispatched. The contract between us (Contract) will only be formed
when we send you the Dispatch Confirmation.
4.2
The Contract will relate only to those Products whose dispatch we have
confirmed in the Dispatch Confirmation. We will not be obliged to supply any
other Products which may have been part of your order until the dispatch of
such Products has been confirmed in a separate Dispatch Confirmation.
4.3
We will take all reasonable steps to keep the details of your order and payment
secure, but, unless we are found to be negligent, or we have not complied with
our requirements under the Data Protection legislation, then we shall not be
liable for any financial losses caused as a result of unauthorised access to
information provided by you.
5.
CONSUMER RIGHTS
5.1
If you are contracting as a consumer, you may cancel a Contract at any time
within 7 working days, beginning on the day after you received the Products. In
this case, you will receive a full item refund of the price paid for the
Products in accordance with our refunds policy (set out in clause 10 below).
5.2
If the Product is not faulty or damaged on delivery, and you cancel the order
within 7 days of receipt, you must also return the Product(s) 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.
5.3
We will take reasonable care to ensure that all details, descriptions and
prices of Products appearing on our store are correct. Our aim is to keep our
store up to date and accurate. If we discover an error (in detail, description
or price) we will inform you as soon as possible and give you the opportunity
to reconfirm your order or cancel it. If we are unable to contact you within a
reasonable period of time then we will treat your order as cancelled. If at the
time of cancellation you have paid for the Product(s) then you will receive a
refund in full. Please see clause 9.5 regarding errors in pricing.
5.4
If a Product develops a fault and is covered under a manufacturer’s warranty or
is damaged on receipt then we will ask you to send the item back to us or arrange
collection from you. If we are satisfied that there is a fault in the Product
or the damage was caused by our negligence then we will either replace the
Product or refund you the price paid (at our discretion) within 30 days,
including any return postage costs.
5.5
If you are reporting a fault within the manufacturer’s warranty period then we
strongly recommend that you first contact the manufacturer direct to have the
fault repaired, this is often the quickest solution as many manufacturers have
special service centres or telephone help facilities for your convenience. If
you are unable to contact the manufacturer then please contact our customer
services via the eBay messaging service.
5.6
Faults caused by accident, misuse or negligence may not be covered by a
manufacturer’s warranty, whether or not the products are within the warranty
period.
6.
AVAILABILITY AND DELIVERY
6.1
We make every effort to have access to sufficient stock to fulfil your order by
the delivery date set out in the Dispatch Confirmation and we will not list
items on eBay that we are knowingly unable to fulfil. If for some unforeseen
reason we discover that stock is not available after we have received your
order we will contact you and may, in agreement with you may supply or deliver
a substitute product, or refund you the price paid by you. If we agree a refund
and you have not yet paid the price for the Product then we will raise a credit
to offset the amount invoiced to you.
6.2
Certain Products are the subject of a legally prescribed age restriction. You
may therefore be required to confirm that you are over 18 years of age and we
reserve the right to carry out checks to verify your age and will, if we are
not reasonably satisfied, cancel your order.
6.3
In the United Kingdom it is against the law to sell or supply intoxicating
substances to persons under the age of 18 years. By placing an order for such
Products you confirm that you are over the age of 18. If on delivery we have
any reasonable doubt that there is a recipient at the address over 18 years of
age then we reserve the rights to either make enquiries and seek verification
(by the provision of identification) or cancel the order. The courier will not
leave the Product if they are not reasonably satisfied that they are delivering
the Products to a person over the age of 18.
6.4
We may specify or recommend from time to time special rules regarding dates for
deliveries (such as at Christmas and other busy periods). Notices of these
special rules will be placed on our store.
7. RISK
AND TITLE
7.1
The Products will be at your risk from the time of delivery. We may ask you to
sign for Products delivered and this will be deemed an acknowledgement of
receipt in an undamaged state.
7.2
Ownership of the Products will only pass to you when we receive full payment of
all sums due in respect of the Products, including delivery charges.
8. PRICE
AND PAYMENT
8.1
The price of any Products will be as quoted on our eBay store from time to
time, except in cases of obvious error.
8.2
These prices include VAT (and any other sales taxes) but exclude delivery
costs, which will be added to the total amount due as set out on our store.
Unless the item is VAT free
8.3
Prices are liable to change at any time, but changes will not affect orders in
respect of which we have already sent you a Dispatch Confirmation.
8.4
Payment for Products must be by PayPal.
8.5
It is a crime to use a false name or known invalid payment card. We reserve the
right to report to appropriate authorities any activity which we deem
suspicious relating to our store and any orders placed. Please see our PRIVACY
POLICY for details of our use of electronic tracking software in relation to
orders and suspicious activity.
9. OUR
CANCELLATION AND REFUNDS POLICY
9.1
You may cancel an order at any time prior to your order being dispatched.
9.2
When you return a Product to us:
a. because you have cancelled the Contract between us within the seven-day
cooling-off period (see clause 6.1 above), 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 Product in full, including the cost of sending the item to you. However,
you will be responsible for the cost of returning the item to us.
b. for any other reason (for instance, because you have notified us in
accordance with paragraph 20 that you do not agree to any change in these terms
and conditions or in any of our policies, or because you claim that the Product
is defective), we will examine the returned Product 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 for a
defective Product. Products returned by you because of a defect will be
refunded in full, including a refund of the delivery charges for sending the
item to you and the cost incurred by you in returning the item to us.
9.3
We will usually refund any money received from you using the same method
originally used by you to pay for your purchase.
9.4
If you have cancelled the order after dispatch and the Product is not returned
to us within 30 days we will make reasonable attempts to recover the Product
and reserve the right to recover from you our reasonable costs of recovery
attempts and (if not already paid) the cost of the unreturned Product.
10. OUR
LIABILITY
10.1
Where you purchase as a consumer we warrant to you that any Product purchased
from us through our store is of satisfactory quality and reasonably fit for the
purposes for which products of the kind are commonly supplied. You undertake
that any Products purchased by you are for your own private and domestic use
only.
10.2
Our liability for losses you suffer as a result of us breaking this agreement
is strictly limited to the purchase price of the Product paid by you.
10.3 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.
10.4
We are not responsible for direct or indirect losses which happen as a side
effect of the main loss or damage, 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
f. waste of management or office time however arising and whether caused
by tort (including negligence), breach of contract or otherwise, even if
foreseeable;
provided that this clause 11.4 shall not prevent claims for loss of or damage
to your tangible property that fall within the terms of clause 11.1 or clause
11.2 or any other claims for direct financial loss that are not excluded by any
of categories (a) to (f) inclusive of this clause 11.4.
10.5
We provide information on our site on an “as is” basis and make no
representation and give no warranty of any kind, express or implied in respect
of the information or content provided on our eBay store. Although we make
every effort to ensure that it is accurate, complete and up to date we do not
warrant that this information or content is accurate, complete or current.
10.6
We are not liable (including liability for negligence) in relation to the acts
or omissions of telecommunication and internet service providers or for
failures of, or faults in their networks and equipment.
11.
WRITTEN COMMUNICATIONS
Applicable
laws require that some of the information or communications we send to you
should be in writing. When using our store, 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 eBay store. 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.
12.
NOTICES
All
notices given by you to us must be given to Flying Octopus Limited, The
Old Vicarage, Castle Donington, Derbyshire DE74 2JB or email us at flying_octopus@hotmail.co.uk
13.
TRANSFER OF RIGHTS AND OBLIGATIONS
13.1
The Contract between you and us is binding on you and us and on our respective
successors and assigns.
13.2
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.
13.3
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.
14.
EVENTS OUTSIDE OUR CONTROL
14.1
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 ( A Force Majeure Event).
14.2
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.
14.3
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.
15.
WAIVER
15.1
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.
15.2
A waiver by us of any default shall not constitute a waiver of any subsequent
default.
15.3
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 clause 14 above.
16.
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.
17.
ENTIRE AGREEMENT
17.1
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.
17.2
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.
17.3
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.
18. OUR
RIGHT TO VARY THESE TERMS AND CONDITIONS
18.1
We have the right to revise and amend these terms and conditions from time to
time.
18.2
You will be subject to the policies and terms and conditions in force at the
time that you order Products 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 Dispatch 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 Products).
19. LAW
AND JURISDICTION
Contracts
for the purchase of Products through our website 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.
SHIPPING
The delivery charge of your order is on-charged to
you at the COST price to us.
You can benefit from reduced delivery charges when
buying multiple items that can be dispatched together as one parcel. Because
the calculation for total parcel weight, size, insurance, packaging, etc.,
differs according to the ‘make-up’ of each order, please ask us for an amended
delivery charge when buying multiple items.
Are there any postal surcharges?
We charge only the
applicable 3rd party postal cost/surcharge.
We strive to use the best
quality/price postal service available for the varying parcel sizes/weights
according to the required parcel destination.
Postal surcharges
therefore differ according to the size/weight of the parcel, destination
required and the 3rd party postal service providers terms and
conditions.
The standard 3rd party
postal service is quoted in each listing.
A surcharge will be
applied to any variation to the standard UK dispatch cost – as identified in
the following:
Items weighing less than
2.0kg are dispatched using Royal Mail - Royal Mail dispatch
world-wide.
Items weighing between
2.0kg and 20.0kg are dispatched using a courier service – this being for both
Uk and world-wide dispatches.
Royal Mail
The standard mailing
method for an item is quoted in the item listing (1st Class,
2nd Class, etc.).
This standard price is
for mailing the item to the UK ONLY (except Channel Islands).
A postal surcharge will
be applied if the buyer requires a service enhancement (upgrade 2nd class
to 1st class, etc.).
Requested service
enhancements should then await an amended eBay invoice before payment is made.
If payment has already
been made then a separate PayPal payment for the postal surcharge will need to
be made before the item can be dispatched.
FOR BUYERS FROM THE
CHANNEL ISLANDS, IRELAND/THE REST OF EUROPE AND THE REST OF THE
WORLD please request the applicable postal surcharge for your destination
before making your purchase (if you consider the applicable postal surcharge to
be a pre-sale price concern).
The terms and conditions
applied by Royal Mail can be accessed via the following link
http://www.royalmail.com/portal/rm/content1?catId=400144&mediaId=400147
Courier Service (2.0kg up to
20.0kg)
Due to increased costs of
delivery to some areas the following postal codes are subject to a courier
surcharge: JE – GY – IM – KW – ZE – IV – PH – PA – KA – PO30 to PO41 – BT – FK
and G83.
Please note that we use a
courier service that claims a 24 hour service but, based on our experience,
please allow up to 48 hours for courier delivery.
Please remember that when
you accept a delivery from the courier, you are signing to say that you have
received the goods in a perfect condition.
If you notice any damage
on the package or if you think it has been mishandled always sign as “damaged”
or if the packaging is in a very bad state please refuse delivery.
How long will it take to receive my order?
Unless otherwise stated
on the item description, we always endeavour to dispatch UK orders within 4
days.
Most orders are sent out
within 2 days.
It is possible to receive
your order within 2 days but it may also be up to 7-10 days (depending on the
postal service used and when the goods were ordered (goods ordered after 2pm on
Fridays or over the weekend will not be dispatched until Monday/Tuesday of the
following week).
You will receive an eBay
message on the day that the goods are dispatched from our warehouse.
What happens if
I’m out when you deliver?
If you are unable to be
home when we deliver the courier will leave a card stating that he has
attempted to deliver your consignment while you were out. You can then either
collect your items from your local depot, whose address will be on the card, or
alternatively you can contact the courier to arrange re-delivery. If you wish
you may leave instructions for the delivery driver such as ‘leave with
neighbour’ for example, in this case it is at the driver’s discretion whether
he leaves the item and you will assume full responsibility for the package.
Will you deliver to an alternative
delivery address?
As a security measure to
protect our customers and ourselves from fraud we will only dispatch items to
your registered PayPal address.
Do you deliver overseas?
We deliver to all areas
of the UK, Channel Islands, Scottish Highlands and Islands and to the European
Union, North America, Australia and New Zealand.
We also deliver to BFPO
(British Forces Post Office) addresses in the UK.
We are also happy to
quote for all other destinations
Can I combine multiple orders into one
delivery?
Yes and we recommend that
you do this whenever possible to keep delivery costs to a minimum; if you wish
to buy multiple items please select all items before attempting to make payment
and then please eBay message us and we will calculate an
accurate post cost and apply this to your eBay invoice. We are not able to
guarantee that postage can be combined after the payment has been processed.
What if there is a
problem with my product?
If you are in any way
dissatisfied with the product you have received you may return it to us for a
full refund any time up to seven days after you have received the goods
providing the goods are unused and still have their original packaging.
For more information
about returns please see the returns section in our Terms & Conditions.
We do advise that you check your goods thoroughly on receipt of the items as
you are signing to say that you received them in good condition.
What happens if I do not receive my
goods?
In the unlikely event
that goods are lost in transit, they cannot be classified as missing until
after 7 working days.
However
liability for goods lost in transit is borne by ourselves and in this event we
will either dispatch replacement items out to you as soon as the original items
are confirmed as missing or we will offer you a full refund.
donington-moto-store
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