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COYOTEMOTO.COM CONSUMER TERMS OF SALE
PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND
RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE. BY PLACING AN
ORDER WITH COYOTEMOTO.COM YOU AGREE TO THESE TERMS.
- Format of the contract
- These terms of sale apply to all goods supplied by CoyoteMoto.com,
whose registered office is at 54a Postley Road, Maidstone, Kent ME15, (the "Supplier").
- No contract exists between you and the Supplier for the sale of any goods
until the Supplier has received and accepted your order and the Supplier has
received payment in full (in cleared funds). Once the Supplier 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 contract is subject to your right of cancellation (see below).
- The Supplier may change these terms of sale without notice to you in
relation to future sales.
- To order goods through the CoyoteMoto.com 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.
- CoyoteMoto.com gives no assurance as to the mutual 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 working system and the ability to carry out a full inspection
of any device.
- Except as may be implied by law where the buyer is dealing as a consumer, in
event of any breach of these Conditions by the Company the remedies of the buyer
shall be limited to damages which shall in no circumstances exceed the price of
the goods and the Company shall under no circumstances be liable for any
indirect, incidental or consequential damages.
- These terms and conditions are subject only to UK law.
- Description and price of the goods
- The description and price of the goods you order will be as shown on the
Supplierô³ website at the time you place your order.
- The goods are subject to availability. If on receipt of your order the goods
you have ordered are not available in stock, the Supplier 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.
- Every effort is made to ensure that prices shown on the Supplierô³ website
are accurate at the time you place your order. If an error is found, the
Supplier 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
Supplier 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 Supplier will refund or re-credit you for any sum that has been
paid by you or debited from your credit card for the goods.
- In addition to the price, you may be required to pay a delivery charge for
the goods.
- Changes to the quantities and stock availabilty of multibuy products are at
the managements discretion.
- Payment
- Payment for the goods and delivery charges can be made by any method shown
on the Supplierô³ website at the time you place your order. Payment shall be due
before the delivery date and time for payment shall be a fundamental term of
this agreement, breach of which shall entitle the Supplier to terminate the
contract immediately.
- There will be no delivery until cleared funds are received.
- Payments shall be made by you without any deduction whatsoever unless you
have a valid court order requiring an amount equal to such deduction to be paid
by the Supplier to you.
- The Company reserves the right to levy charges for any of the following
services: Inspection of any piece of equipment and installation /
replacement of hardware - Use of credit / debit cards or
rapid cheque clearance facilities, Diagnosis and testing of any problems
encountered with any piece of hardware, Recovery of any hardware problems requested by the customer.
- Credit notes must be used within six months of the date they are issued. Any
credit notes over six months old are invalid.
- Delivery
- The goods you order will be delivered to the address you give when you place
your order, except that some deliveries are not made outside the United Kingdom.
- Orders placed before 3.00 pm on a working day will be processed that day and
will be delivered as per the requested delivery option provided no additional
security checks are required and all stock items are available. (A working day
is any day other than weekends and bank or other public holidays.)
- If delivery cannot be made to your address for reasons under the Supplierô³
control the Supplier will inform you as soon as possible.
- If you deliberately fail to take delivery of the goods (otherwise than by
reason of circumstances under control of the Supplier) then without prejudice to
any other right or remedy available to the Supplier , the Supplier may:
- store the goods until actual delivery and charge you for reasonable costs
(including insurance) of storage; or
- 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.
- If you fail to take delivery because you have cancelled your contract under
the Distance Selling Regulations the Supplier 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 Supplier. Should you fail to return the goods, the
Supplier reserves the right to deduct any direct costs incurred by the Supplier
in retrieving the goods as a result of such failure.
- 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 Customers automated despatch note which is emailed to the
Customer once the items have left our warehouse.
- 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.
- Every effort will be made to deliver the goods as soon as possible after
your order has been accepted. However, the Supplier will not be liable for any
loss or damage suffered by you through reasonable or unavoidable delay in
delivery. In this case, the Supplier will inform you as soon as possible.
- 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.
- Whilst every effort shall be made to keep any delivery date, time of
delivery shall not be of the essence. The Company shall not be liable for any
consequential loss incurred by the buyer or any other person or company arising
directly or indirectly out of any failure to meet any estimated delivery date.
- Unless otherwise agreed the Company 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 Company shall not
entitle the buyer to cancel the remainder of the Contract.
- Delivery charges are calculated by weight and number of packages being sent.
There will also be additional delivery charges for offshore destinations such as
Ireland.
- Any refused deliveries will be returned to the supplier. Upon receipt of the
goods with the supplier a refund will be issued minus 10% of the value of the
order to cover administration costs.
- Risk/Title
- The goods are at your risk from the time of delivery.
- Ownership of the goods shall not pass to you until the Supplier has received
in full (in cash or cleared funds) all sums due to it in respect of:
- the goods, and
- all other sums which are or which become due to the Supplier from you on any
account.
- The Supplier shall be entitled to recover payment for the goods even though
ownership of any of the goods has not passed from the Supplier.
- Your right of cancellation
- You have the right to cancel the contract at any time up to the end of 7
working days after you receive the goods (see below).
- To exercise your right of cancellation, you must give written notice to the
Supplier by hand, post or via this page , giving
details of the goods ordered and (where appropriate) their delivery.
Notification by phone is not sufficient.
- 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 Supplier at your own cost. The goods
must be returned to the address shown within the Returns on Line 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 8.3 or 8.4, either
collect the goods from you or ask you to return the goods yourself and possibly
refund you the reasonable postage costs.
- Once you have notified the Supplier that you are cancelling the contract,
the Supplier 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.
- Except in the case of faulty or misdescribed goods, if you do not return the
goods as required, the Supplier may charge you a sum not exceeding the direct
costs of recovering the goods.
- Once you confirm your order as correct a standard cancellation fee will be
at the expense of the customer.
- An order cancelled in transit will incur the standard cancellation fee plus
additional transit costs at the expense of the customer.
- In the event of an order returned due to non-delivery, the transit costs
will be at the expense of the customer
- Warranty
- All goods supplied by the Supplier 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.
- 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 Supplier, failure to follow the
Supplierô³ instructions, or any alteration or repair carried out without the
Supplierô³ approval.
- If the goods supplied to you are damaged or any item missing/incomplete on
delivery, you must notify the Supplier within a reasonable time.
- 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 Supplier 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.
- 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
a reasonable time of the sale. After this time a replacement product or credit
note (to the value of the replacement) will be offered.
- It is the responsibility of the buyer to return and collect goods to / from
the CompanyÒ³ premises. (See definition for The Company).
- Items purchased 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. They may be missing drivers, manuals, cables and
accessories. Packaging, if supplied, may not be in new condition. All items are
tested working.
- Any items which are returned under the warranty and are found to be in a
working condition will be charged a testing fee of ã±° or 10% of the value of
the goods, whichever is the greater.
- Limitation of Liability
- Subject to 9.2 below, if you are a consumer the Supplier shall not be liable
to you for any loss or damage in circumstances where:
- there is no breach of a legal duty owed to you by the Supplier or by its
employees or agents;
- such loss or damage is not a reasonably foreseeable result of any such
breach;
- any increase in loss or damage resulting from breach by you of any term of
this contract.
- Nothing in these conditions excludes or limits the liability of the Supplier
for death or personal injury caused by the Supplierô³ negligence or fraudulent
misrepresentation.
- If you are a business customer the Supplier 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.
- Returns Policy
- It is the responsibility of the buyer to return and collect goods to / from
the CompanyÒ³ premises. (See definition for The Company).
- 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.
- It is the customer's responsibility to take reasonable care of the goods
whilst in their possession. If this condition is not met the Company reserves
the right to make a reasonable charge for restocking and resale at a price that
is less than that charged for the goods if sold as new. This charge will vary
according to the condition of the returned goods. This provision is designed to
ensure that returned goods can be sold again as new.
- 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.
- Non-faulty items returned to our premises complete in the original packaging
together with manuals within 7 working days of purchase may
obtain a credit note. Goods must be sellable as new in order to qualify for a
credit note. All items must be unused and sealed within the original
packaging. Outside of 7 working days, non faulty items will not be exchanged or
a credit note offered under any circumstances. Full refunds will not be
considered if the goods are damaged in any way and seals broken invalidating any
warranty.
- CoyoteMoto.com gives no assurance as to the mutual 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 item to carry out a full inspection.
- Credit notes must be used within six months of the date they are issued. Any
credit notes over six months old are invalid.
- Data Protection
- The Supplier will take all reasonable precautions to keep the details of
your order and payment secure but unless the Supplier is negligent, the Supplier
will not be liable for unauthorised access to information supplied by you.
- Images
- Product images are for illustrative purposes only and may differ from the
actual product.
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