Terms of Sale
Please read these terms of sale carefully before placing your order and retain a copy with your order for future reference. By placing an order on nepltd.co.uk you agree to these terms.
1.1 "Buyer" means the individual or organisation who buys or agrees to buy the Goods from the Seller;
1.2 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3 "Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
1.4 "Goods" means the articles that the Buyer agrees to buy from the Seller;
1.5 "Seller","Company" means <<NEP>> whose registered office is at <<NEP REGISTERED OFFICE>> that owns and operates nepltd.co.uk
1.6 "Terms and Conditions" means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller;
1.7 "Website" means content displayed at nepltd.co.uk.
2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
2.5 Any complaints should be addressed to the Seller's address stated in clause 1.5.
3. Format of the contract
3.1 These terms of sale apply to all goods supplied by <<NOTTINGHAM ENGINEERING PRODUCTS>>.
3.2 No contract exists between you and the Seller for the sale of any goods until the Seller has received and accepted your order and the Seller has received payment in full (in cleared funds). Once the Seller does so, there is a binding legal contract between us.
By way of clarification, an acknowledgement of your order will be sent to you via e-mail when you place your order, but acceptance of your offer to buy the goods will not take place until after your payment is taken and you receive your acceptance e-mail. It is at this point that a binding legal contract is created and any contract is subject to these Terms and Conditions. The Seller may choose not to accept an order for any reason.
3.3 The contract is subject to your right of cancellation (see below).
3.4 To order goods through the <<NOTTINGHAM ENGINEERING PRODUCTS>>. Company website you must be at least 18 years of age. We will treat each order for goods as an offer by you to purchase the goods subject to these terms and conditions.
3.5 If the Seller discovers that the Buyer is not legally entitled to order certain Goods, the Seller shall be entitled to cancel the order immediately, without notice.
3.6 <<NOTTINGHAM ENGINEERING PRODUCTS>> gives no assurance as to the compatibility of components sold on any single invoice. It is the responsibility of the buyer to ensure that the goods purchased are suitable for the purpose intended. Advice sought by the customer from the Company in this respect may be given but cannot be relied upon by the customer or guaranteed by the Company unless the Company has access to the motorcycle and the ability to carry out a full inspection.
3.7 We store the contract's content and will send you the details of your order as well as our general terms via e-mail. You can find the terms here at all times. The details about your recent orders can be found in your customer login.
4. Description and price of the goods
4.1 The description and price of the goods you order will be as shown on the Seller's website at the time you place your order.
4.2 Product images are for illustrative purposes only and may differ from the actual product.
4.3 The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, the Seller will inform you as soon as possible and refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
4.4 Every effort is made to ensure that prices shown on the Seller's website are accurate at the time you place your order. If an error is found, the Seller will inform you as soon as possible and offer you the option of reconfirming your order at the correct price, or cancelling your order. If the Seller does not receive an order confirmation within 14 days of informing you of the error, the order will be cancelled automatically. If you cancel the order, or if the order is cancelled automatically due to the expiry of the 14 day period, the Seller will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
4.5 The Seller reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
4.6 In addition to the price, you may be required to pay a delivery charge for the goods.
5.1 Payment for the goods and delivery charges can be made by any method shown on the Seller's website at the time you place your order. Payment shall be due before the delivery date, except where agreed otherwise by the Seller and time for payment shall be a fundamental term of this agreement, breach of which shall entitle the Seller to terminate the contract immediately.
5.2 The price of the Goods shall be that stipulated on the Website. The price is inclusive of VAT. Delivery charges are included for orders over 30 GBP.
5.3 The total purchase price, including VAT and delivery charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order.
5.4 After the order is received the Seller shall confirm by email the details, description and price for the Goods together with information on the right to cancel if the Buyer is a Consumer.
5.5 No delivery will be attempted until cleared funds are received except in the case of supplies of goods provided on credit terms.
5.6 Payments shall be made by the Buyer without any deduction whatsoever unless you have a valid court order requiring an amount equal to such deduction to be paid by the Seller to you.
5.7 Where the Seller agrees to provide goods on credit terms, the standard payment terms shall be 30 days from the date of invoice. In the event that payment is not made by the due date, the Seller reserves the right to charge interest from the date of invoice at 8% per annum, compounded monthly.
5.8 The Company reserves the right to levy charges for any of the following services: Inspection of any motorcycle or component and installation / replacement of components - Use of credit / debit cards or rapid cheque clearance facilities, Diagnosis and testing of any problems encountered with any motorcycle or component, controlled-waste disposal, secure storage of vehicles.
5.9 Credit notes must be used within six months of the date they are issued. Any credit notes over six months old are invalid.
6.1 Goods supplied within the UK will normally be delivered within the timescale indicated on the product page after acceptance of the order. Acceptance of your order is confirmed by email.
6.1.1 For orders of multiple products with different delivery times, the complete order will be delivered within the longest timescale indicated of the individual ordered products.
6.2 Goods supplied outside the UK will normally be delivered within 10 working days of acceptance of order.
6.3 Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.
6.4 The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
6.5 Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
6.6 Should you require the goods to be redirected to another address after the goods have been dispatched you may be required to pay an additional postage charge.
6.7 If delivery cannot be made to your address for reasons under the Seller's control the Seller will inform you as soon as possible.
6.8 If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under control of the Seller) then without prejudice to any other right or remedy available to the Seller , the Seller may:
6.8.1 store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or
6.8.2 sell the goods at the best readily obtainable price and (after deducting all reasonable storage and selling expenses) account to you for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods.
6.9 If you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations the Seller shall refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods. On exercising your right to cancel you shall be required to return the goods to the Seller. Should you fail to return the goods, the Seller reserves the right to deduct any direct costs incurred by the Seller in retrieving the goods as a result of such failure.
6.10 The Company will not accept liability for goods lost in transit unless we are notified within 5 days from the expected delivery date. This will be the date advised on the Buyers automated despatch note which is emailed to the Buyer once the items have left our warehouse.
6.11 Upon receipt of your order you will be asked to sign for the goods received in good condition. If the package does not appear to be in good condition then please refuse the delivery. If you are unable to check the contents of your delivery at the point of delivery then please sign for the parcel as "UNCHECKED". Failure to do so may affect any warranty claims that you make thereafter.
6.12 Unless otherwise agreed the Seller may deliver by instalments and in such case each instalment shall be treated as a separate contract and any delay, default or non-delivery in respect of any instalment by the Seller shall not entitle the Buyer to cancel the remainder of the Contract
6.13 Delivery charges are calculated by weight and number of packages being sent. There may be additional delivery charges for offshore destinations such as Ireland.
6.14 Any refused deliveries will be returned to the Seller. Upon receipt of the goods with the Seller a refund will be issued minus 10% of the value of the order to cover administration costs.
7. Risk & Title
7.1 The goods are at your risk from the time of delivery.
7.2 Ownership of the goods shall not pass to you until the Seller has received in full (in cash or cleared funds) all sums due to it in respect of:
7.2.1 the goods, and
7.2.2 all other sums which are or which become due to the Seller from you on any account.
7.3 The Seller shall be entitled to recover payment for the goods even though ownership of any of the goods has not passed from the Seller.
7.4 Title for Business Customers
7.4.1 If you are a business customer until ownership of the goods has passed to you, you must:
7.4.1.a store the goods (at no cost to the Seller) separately from all your other goods and goods of any third party in such a way that they remain readily identifiable as the Seller's property;
7.4.1.b not destroy, deface or obscure any identifying mark or packaging on or relating to the goods; maintain the goods in satisfactory condition and keep them insured on the Seller's behalf for their full price against all risks to the reasonable satisfaction of the Seller. On request you shall produce the policy of insurance to the Seller; and
7.4.1.c hold the proceeds of the insurance referred to in condition 7.4.1.b on trust for the Seller and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.
7.4.2 If you are a business customer your right to possession of the goods shall terminate immediately if:
7.4.2.a you have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency; or
7.4.2.b you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you or you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or you cease to trade; or
7.4.2.c you encumber or in any way charge any of the goods.
7.4.3 For the purposes of these Terms and Conditions, a Business Customer shall mean any body corporate, educational establishment, hospital, health authority, governmental or local governmental body or any other organisation to whom the distance selling regulations apply, or any other customer for whom a trade account has been granted.
7.4.4 Business customers are exempt from returning items within 7 days under the distance selling act.
7.4.5 Trade customers are liable for all carriage costs.
7.4.6 In the event that payment is not received within 28 days of the due date:
7.4.6.a All monies owing to the Seller shall become immediately payable to the Seller irrespective of whether it would have been due under the previously agreed payment terms.
7.4.6.b The Seller shall be entitled to charge the Customer the sum of £50+VAT in respect of a debt collection administration fee.
8.1 The Seller reserves the right to withdraw any Goods from the Website at any time.
8.2 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
8.3 The Buyer may cancel the order for any reason up to the point of dispatch and any payments made by the Buyer shall be refunded in full within 28 days.
8.4 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within 7 days if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.
8.5 Where a claim of defect or damage is made, the Goods shall be returned by the Buyer to the Seller within 28 days of delivery. The Buyer shall be entitled to a replacement or a full refund (including delivery costs) plus any return postal charges if the Goods are in fact defective.
8.6 If you are a consumer you have the right, in addition to your other rights, to cancel the Contract and receive a refund by informing the Seller within 7 working days of receipt of the Goods.
8.7 Goods must be returned by the Buyer at the Buyer’s expense within 28 days of cancellation with the original packaging and should be adequately insured during the return journey. The Buyer will receive a refund of all monies paid for the Goods (including delivery charges, if any) except for return postal charges. If the Buyer fails to return the Goods following cancellation, the Seller shall be entitled to deduct the cost of recovering the Goods from the Buyer.
8.8 To exercise your right of cancellation, you must give written notice to the Seller giving details of the goods ordered and (where appropriate) their delivery. Notification by phone is not sufficient.
8.9 Except in the case of faulty or misdescribed goods, if you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to the Seller at your own cost. The goods must be returned to the address shown within the Returns section of the website. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit. In the case of faulty or misdescribed goods we shall, after receiving notification in accordance with clause 8.9, either collect the goods from you or ask you to return the goods yourself and refund you the reasonable postage costs.
8.10 Once you have notified the Seller that you are cancelling the contract, the Seller will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods.
8.11 Except in the case of faulty or misdescribed goods, if you do not return the goods as required, the Seller may charge you a sum not exceeding the direct costs of recovering the goods.
8.12 In the event of an order returned due to non-delivery, the transit costs will be at the expense of the customer.
9. Returns Policy
9.1 It is the responsibility of the buyer to return and collect goods to / from the Company's premises. (See definition for The Company).
9.2 The goods cannot be returned unless an RMA number has been requested and obtained from the Company and the package clearly marked on the outside with this identification.
9.3 It is the customer's responsibility to take reasonable care of the goods whilst in their possession. The Company reserves the right to make a reasonable charge for restocking where returned goods are damaged or soiled.
9.4 Except where explicitly stated otherwise, if the buyer properly rejects any of the goods in accordance with the Distance Selling Regulations within 7 working days in writing, the buyer shall nonetheless be responsible for the return cost of the goods.
9.5 Non-faulty items returned to our premises complete with the original packaging within 30 days of purchase may obtain a refund or credit note. Goods must returned in good condition to qualify for a refund. Outside of 30 days, non faulty items will not be exchanged or refunds offered under any circumstances. Full refunds will not be offered if the goods are damaged in any way.
9.6 Where returned Goods are found to be damaged due to the Buyer’s fault the Buyer will be liable for the cost of remedying such damage.
9.7 <<NOTTINGHAM ENGINEERING PRODUCTS>> gives no assurance as to the compatibility of components sold with any particular motorcycle. It is the responsibility of the buyer to ensure that the goods purchased are suitable for the purpose intended. Advice sought by the customer from the Company in this respect may be given but cannot be relied upon by the customer or guaranteed by the Company unless the Company has access to the motorcycle and the ability to carry out a full inspection to identify the precise model. Goods returned because of incompatibility shall not be regarded as faulty unless the Company has provided specific instruction to the Customer regarding compatibility with a particular model of motorcycle. Such instruction is noted in the product description wherever relevant.
9.8 Credit notes must be used within six months of the date they are issued. Any credit notes over six months old are invalid.
9.9 Our 30-day returns policy does not affect the statutory right to cancel.
10. Gift Vouchers
In addition to these Terms and Conditions, the following terms and conditions shall apply to the sale of gift vouchers:
10.1 Gift vouchers will be dispatched within 24 hours of acceptance of order and will be delivered by first class post. Payment must be made on order.
10.2 The Buyer must notify the Seller of any discrepancy in a delivery as soon as possible but in any event within 7 days of the delivery of the vouchers.
10.3 Risk of loss, destruction or damage to the vouchers remains with the Seller until delivery to the Buyer where upon risk shall pass to the Buyer.
10.4 Gift vouchers may be exchanged for products and services at <<NOTTINGHAM ENGINEERING PRODUCTS>>. Vouchers cannot be redeemed for cash in part or whole. Vouchers are not sold on a sale or return basis and no return will be permitted unless it can be demonstrated that the Seller has been in error in fulfilling the Buyer's order.
10.5 Gift vouchers are valid for 12 months from the date of purchase and cannot be renewed once they have expired. Vouchers cannot be replaced if lost or damaged.
11.1 All goods supplied by the Seller are warranted free from defects for 12 months from the date of supply (unless otherwise stated). This warranty does not affect your statutory rights as a consumer.
11.2 This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by the Seller, failure to follow the Seller's instructions, or any alteration or repair carried out without the Seller's approval.
11.3 If the goods supplied to you are damaged or any item missing/incomplete on delivery (see section 6.11), you must notify the Seller within 48 hours.
11.4 If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify the Seller as soon as possible, but in any event within 14 days of the date you discovered or ought to have discovered the damage, defect or complaint.
11.5 If a product that was faulty at the time of sale is returned to the retailer, the buyer is legally entitled to a full refund, If this is within 28 days. After this time a replacement product or credit note (to the value of the replacement) will be offered
11.6 It is the responsibility of the buyer to return and collect goods to / from the Company's premises. (See definition for The Company - section 1.5).
11.7 Items purchased from the Bargain Basement or sold at a special price as end of line or for other reasons that prevent them from being sold as new are sold with a 30 day warranty only. These items may be second user, refurbished or discontinued stock. Packaging, if supplied, may not be in new condition. All items are tested working.
11.8 Any items which are returned under the warranty and are found to be in a working condition will be charged a testing fee of £10 or 10% of the value of the goods, whichever is the greater.
12. Limitation of Liability
12.1 Subject to 12.2 below, if you are a consumer the Seller shall not be liable to you for any loss or damage in circumstances where:
- 12.1.1 there is no breach of a legal duty owed to you by the Seller or by its employees or agents;
- 12.1.2 such loss or damage is not a reasonably foreseeable result of any such breach;
- 12.1.3 any increase in loss or damage resulting from breach by you of any term of this contract.
12.2 Nothing in these conditions excludes or limits the liability of the Seller for death or personal injury caused by the Seller's negligence or fraudulent misrepresentation.
12.3 If you are a business customer the Seller shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.
12.4 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
13. Data Protection
No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
15. Force Majeure
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, acts of terrorism, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
17. Changes to Terms and Conditions
The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
18. Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts