Clothing Shop terms and conditions

 

Our terms

 

1 These terms

1.1 What these terms cover. These are the terms and conditions on which we supply our products to you.

1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

2 Information about us and how to contact us

2.1 Who we are. We are Triumph Motorcycles Limited a company registered in England and Wales. Our company registration number is 01735844 and our registered office is at Triumph Motorcycles Limited, Ashby Road, Measham, Swadlincote, Derbyshire, DE12 7JP. Our registered VAT number is GB439493610.

2.2 How to contact us. You can contact us by writing to us at [email protected].

2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

 

3 Our contract with you

3.1 Order Process. You will be guided through the ordering process by our website and its instructions. Please ensure that you check over your order carefully before submitting it to us.

3.2 How we will accept your order. Our acceptance of your order will take place when we send you a confirmation email to the email address provided as part of the order process, at which point a contract will come into existence between you and us.

3.3 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be:

3.3.1 because the products are unfortunately out of stock or no longer available;

3.3.2 because we have identified an error in the price or description of the product;

3.3.3 because we are unable to meet a delivery deadline you have specified; or

3.3.4 because we were unable to take payment from you or you have provided us with incomplete, incorrect or fraudulent information regarding your identity, age, payment details, billing information, shipping address;

3.4 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

3.5 We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from addresses outside the UK.

 

4 Our products

4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.

4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.

4.3 Product descriptions. The content on our website is provided for general information only.Although we do our best to ensure that the information about products shown on our website is accurate and up-to-date, we make no representations, warranties or guarantees, whether express or implied, that the content of our website is accurate, complete or up to date.

4.4 We may make changes to our website.We may update and change our website from time to time, to reflect changes to our products, prices, our user’s needs and our business priorities.

 

5 Your rights to make changes

If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8- Your rights to end the contract).

 

6 Our rights to make changes

6.1 Minor changes to the products. We may change the products:

6.1.1 to reflect changes in relevant laws and regulatory requirements; and

6.1.2 to implement minor technical adjustments and improvements. These changes will not affect your use of the product.

6.2 More significant changes to the products and these terms. In addition, as we informed you in the description of the product on our website, we may make the changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.

 

7 Providing the products

7.1 Delivery costs. The costs of delivery will be as displayed to you in our FAQs on our website and during the order process.

7.2 When we will provide the products. During the order process we will present to you the various delivery options together with an estimated delivery date, depending on your location and the delivery option selected. We will aim to deliver the products to you as soon as reasonably possible, taking into account the estimated delivery date provided to you as part of the order process and in any event within 30 days after the day on which we accept your order.

7.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

7.4 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, you can contact our courier directly, using the details provided to you to rearrange delivery or collect the products from a local depot, as notified to you by our courier.

7.5 If you do not re-arrange delivery. If after a failed delivery to you, you do not re-arrange delivery with our courier or collect the products from a delivery depot we will contact you using the details you have provided to us as part of the order process for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.1 will apply.

7.6 When you become responsible for the goods. You will be responsible for the products from the time we deliver the product to the address you gave us as part of the order process.

7.7 When you own goods. You will own the product once we have received payment from you in full.

7.8 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you. If so, this will have been stated in the description of the products on our website. We will contact you using the information you have provided as part of the order process to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

8 Your rights to end the contract

8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

8.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 11;

8.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;

8.1.3 If you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;

8.1.4 In all other cases (if we are not at fault and there is no right to change your mind).

8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at 8.2.1 to 8.2.3 below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

8.2.1 we have told you about an upcoming change to the product or these terms which you do not agree to;

8.2.2 we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

8.2.3 there is a risk that supply of the products may be significantly delayed because of events outside our control; or

8.2.4 you have a legal right to end the contract because of something we have done wrong.

8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind/ cancel the contract within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

8.4 Our goodwill guarantee. Please note, these terms reflect the goodwill guarantee offered by Triumph Motorcycles Limited of Normandy Way, Hinckley, Leicestershire, LE10 3BZ, United Kingdom to its UK customers, which is more generous than your legal rights under the Consumer Contracts Regulations in the ways set out below. This goodwill guarantee does not affect your legal rights in relation to faulty or misdescribed products (see clause 11.2):

. 8.5. When you don't have the right to change your mind. You do not have a right to change your mind in respect of:

8.5.1 products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; or

8.5.2 any products which become mixed inseparably with other items after their delivery; or

8.5.3 any made to measure or personalised goods.

Please note that this doesn’t affect your statutory rights if the goods are faulty or not as described.

8.6 How long do I have to change my mind? As set out in our goodwill guarantee, you have 30 days after the day you receive the products to change your mind about the products. If your products are split into several deliveries over different days, you have 30 days after the day you receive the last delivery to change your mind about the products.

8.7 Can I cancel an order I have placed? Once we have accepted an order, we will not be able to make any amendments or cancellations to it. You can however return the products back to us for a refund, providing that you have returned such items in accordance with these terms and conditions.

 

9 How to end the contract with us (including if you have changed your mind)

9.1 Tell us you want to end the contract. To end the contract with us (if you wish to exercise your right of cancellation), we need written confirmation of cancellation from you, so please let us know by doing one of the following:

9.1.1 Email. Contact customer services us at [email protected]. Please provide your name, home address, details of the order and, where available, your phone number and email address.

9.1.2 By post. Print off the withdrawal form below and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.

Cancellation Form

(Complete and return this form only if you wish to withdraw from the contract)

To Clothing Team, Triumph Motorcycles Limited of Normandy Way, Hinckley, Leicestershire, LE10 3BZ

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],

Ordered on [*]/received on [*],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

[*] Delete as appropriate

 

9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post them back to us in accordance with the instructions on the dispatch notice included in your parcel. Please ensure that the products you are returning are safely re-packed in the original packaging and attach the pre-paid postage label attached to the dispatch notice to the outer packaging, making sure that all original labels are covered. Please email customer services at [email protected] if you have misplaced your pre-paid postage label. If you are exercising your right to change your mind under the Consumer Contracts Regulations you must send us the products within 14 days of telling us you wish to end the contract.

9.3 When we will pay the costs of return. We will pay the costs of return:

9.3.1 if the products are faulty or misdescribed; 

9.3.2 if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or

9.3.3 if the order total meets the threshold for free returns displayed to you in our FAQs on our website and during the order process.

In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.  Please note that in those circumstances, we will deduct the cost of return for the least expensive delivery option that we offer from any amounts refunded to you.

9.4 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

9.5 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:

9.5.1 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop.

9.5.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if you choose to have the product delivered within 24 hours at a higher cost than our lowest delivery option then we will only refund what you would have paid for the cheaper delivery option. We may at our discretion agree to refund the full cost of delivery in some circumstances.

9.5.3 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.

 

10 Our rights to end the contract

10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:

10.1.1 you do not make any payment to us when it is due and you still do not make payment within 10 days of us reminding you that payment is due;you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or

10.1.2 you do not, within a reasonable time, allow us to deliver the products to you.

10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

 

11 If there is a problem with the product

11.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can email our customer service team at [email protected].

11.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.

11.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must post them back to us in accordance with the instructions on the despatch notice. We will pay the costs of postage or collection. Please email customer services at [email protected] for a return label or to arrange collection.

12 Price and payment

12.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the product pages when you place your order. We take all reasonable care to ensure that the price of the product displayed to you is correct. However please see clause 12.3 and 12.4 for what happens if we discover an error in the price of the product you order.

12.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

12.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you as soon as possible using the information provided to us as part of the order process to inform you of this error and will give you the option of i) continuing to purchase the product at the correct price, or ii) cancelling the order. If we are unable to contact you within ten calendar days we will treat the order as cancelled and notify you in writing.

12.4 Where an error in pricing is spotted after your order has been accepted. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

12.5 When you must pay and how you must pay. We accept payment with [Visa Debit, Visa Credit, Mastercard, Maestro, Electron, PayPal, ApplePay and GooglePay] and these options will be shown to you at the time of ordering. You must pay for the products before we dispatch them. You must pay for the products before we dispatch them. Your credit or debit card and/or payment account will be charged at the point when you place the order with us. Please note that all payments are processed by our third party payment processor, Adyen. [Where payments are processed by third parties on our behalf, please note that those third parties may in some circumstances have their own terms and conditions which are applicable between you and the relevant payment provider.] We currently only accept UK billing addresses for Debit and Credit card payments.

 

13 Our responsibility for loss or damage suffered by you

 

13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 11.2.

13.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

14 How we may use your personal information

 

How we may use your personal information. We will only use your personal information as set out in our https://www.triumphmotorcycles.co.uk/privacy-policies

 

15 Other important terms

 

15.1 We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this.

15.2 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.

15.3 If a court finds part of this contract illegal, the rest will continue in force. 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.

15.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

15.5 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the courts of England and Wales. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish courts or the courts of England and Wales. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish courts or the courts of England and Wales.

15.6 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact your local Trading Standards Services which can found at https://www.tradingstandards.uk/consumers/support-advice. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.

 

16 PROMOTIONS