TERMS & CONDITIONS
- 1.1 The terms contained in this document (Terms of Trading) apply to all transactions for the purchase of products and services (each a “Service” or, two or more, the “Services”) from the website (our “Site”). By ordering any Services from our Site you are indicating your acceptance to be bound by these Terms of Trading. They form a legal agreement between you and us and can only be amended with our consent.
- 1.4 We reserve the right to change these Terms of Trading from time to time without prior notice to you, provided that any such change will not affect any purchases you have made before the change is implemented.
- 2.1 You may place an order to purchase a Service advertised for sale on our Site by following the onscreen prompts after clicking on the item you are interested in. You will have an opportunity to check and correct any input errors in your order up until the point at which you submit your order by clicking the “Place Order” button on the checkout page.
- 2.2 All orders placed by you are subject to acceptance by us. We may choose not to accept your order for any reason and will not be liable to you or to anyone else in those circumstances.
- 2.3 After submitting an order to us, you will be sent an order acknowledgement email with your order reference and details of the products you have ordered. Acceptance of your order and the formation of the contract between us will take place when we sent you an email confirming that the products you have ordered are being dispatched to you, unless we have notified you that we do not accept your order or you have already cancelled it in accordance with the provisions below (see Cancellations and Returns).
- 2.4 If your order include(s) a Service(s) which is/ are not available from stock, we will contact you by email or by telephone to ask you how you wish to proceed. You will have the option to wait until the Service(s) is/ are available from stock, or cancel your order.
3. UK Customers Prices and payment
- 3.1 The prices of Services advertised for sale on our Site are as set out on our Site. All prices are in pounds (£) sterling, inclusive of VAT. Delivery/ shipping charges will be added to the total amount due once you have confirmed your order. Gift wrapping, where available and where selected by you, will be subject to the applicable charge which will be clearly displayed when you confirm your order.
- 3.2 Prices are subject to change and may change at any time prior to (but not after) acceptance of your order.
- 3.3 We cannot accept your order until you have paid for it in full. Payment can be made by most major credit or debit cards, by completing the relevant details on the checkout page.
- 3.4 In the unlikely event that the price of an item has been incorrectly advertised on our Site, we will contact you by email or telephone to ask whether you wish to proceed with the order at the correct price. If you are not happy to proceed, or we are unable to obtain your instructions, we will cancel the order. Unless we have already confirmed dispatch of your order, we will not be obliged to supply Services at the incorrect price.
- 3.5 Please note that special discount codes and VIP promotional deal discounts are not applicable to items that are placed on sale pricing wise from its original price point to a new sale price point. FRG Ltd reserve the right to nullify and promotional deal without prior notice
3A – CLEARPAY PAYMENT METHOD
Clearpay is a payment service that lends customers a fixed amount of credit to make purchases instantly and then pay for them in 4 automatic instalments, made every 2 weeks, without any interest (late fees apply). Please use Clearpay responsibly.
The service is provided by Clearpay Finance Ltd. Clearpay Plans are not regulated by the Financial Conduct Authority.
For Full information on Clearpay, prior to your acceptance of the payment method – Please click Here
3B – EU and Rest Of The World (Non-UK) Customers
3B.1 All products ordered by EU or Rest of the World customers, (NON-UK) are UK VAT Exempt – Any Local Tax and Any Import duties therein, associated with the delivery of your item to your respective country of purchase is dependant upon the purchaser. Deliveries to Non-UK (EU and RoW) customers are therefore regarded as DDU (Delivery Duty Unpaid) – For further details, please contact our retail store on (44)1280 701087, or email firstname.lastname@example.org..uk
Formula Racing Group Ltd t/a Formulamodelshop.co.uk are not responsible for any Delivery duties, taxes or admin fees associated with deliveries to EU or Rest of World (Non-UK) Countries as part of your acceptance of DDU terms.
4. UK Delivery/ Shipping
- 4.1 Subject to availability, we will use all reasonable endeavours to deliver the Services you have ordered as soon as possible after your order is accepted by us. We dispatch items ordered by you as they are available.
- 4.2 We will deliver directly to the address specified in your order.
- 4.3 Deliveries are made Monday to Friday (excluding bank and public holidays) normally between the hours of 8am and 5pm. The precise timing of a delivery cannot be specified. Certain deliveries may require a signature to confirm receipt.
- 4.4 Once delivered, the Services ordered will become your property and your responsibility and, except in relation to Services that are damaged or faulty when delivered or have been incorrectly delivered, we will not accept any liability for their loss, damage or destruction after they have been delivered.
4B – Shipments to EU and Rest Of The World (Non-UK) Customers
All shipments to EU and the Rest of the World will be carried out by 3rd party partners of our UK courier service Royal Mail.
As all EU and Rest of the World Shipments are considered as DDU (Delivery Duty Unpaid) – any deliveries to countries outside of the UK will be liable for any local taxation, Import Duties and any associated admin fees by couriers, in the respective country of the Purchaser, and by the Purchaser
For further details of these charges, please contact your local agencies for further information.
5. Cancellations and returns
- 5.1 Unless one of the exceptions listed in Clause 5.4, below applies, you may cancel your order (or any part of it) without giving any reason within fourteen (14) days. The cancellation period will expire fourteen (14) days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. To exercise the right to cancel, you must notify us, giving us your full name, address and order reference (if any) or, by returning the Services, in accordance with the provisions below (see Clause 5.5).
- 5.2 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
- 5.3 If you cancel this contract, we will reimburse to you all payments received from you, including the cost of delivery/ shipping (except for the supplementary costs arising if you chose a type of delivery/ shipping other than the least expensive type of standard delivery/ shipping offered by us). We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold the reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
- 5.4 You may not cancel your order if:
- you have taken any Product, audio and/or visual recordings or computer software out of the sealed packaging in which they were delivered to you;
- the Services consist of perishable items, or have been sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
- the Services have been customised or made to your own specifications;
- any Services you have started to download or stream; or
- any Services which become mixed inseparably with other items after their delivery,
unless such Services were damaged or faulty when delivered to you or have been incorrectly delivered.
- 5.5 All such Services should be returned within fourteen (14) days of you cancelling your order and, in any event, no later than twenty-eight (28) days after the Service(s) have been delivered to you, in accordance with the following process:
- return the parcel to us, we suggest, either by courier or by recorded delivery mail or other form of certified mail. We advise that you take out enough postal insurance to cover the value of the contents, or
- You may return the product(s) to our local store. Please bring with you the returns note that will have been included in the package in which your order was delivered, or other proof of purchase.
- 5.6 Our policy on cancellations and returns does not affect your statutory legal rights.
- 5.7 Any items wishing to return to us by the customer outside of the above, are done so at the discretion of Formula Racing Group Ltd and its management. insofar as it may be established that there is no defect in the goods at the pint of delivery to you, or not noted within 14 days of the receipt of your delivery, we reserve the right to charge a re-stocking fee of upto and including 10% of the original chargeable fee, for restocks of item, for re-inspection, and testing of the returned item, along with re-storage costs.
- 5.8 Returns must be in their original condition, with teamwear this means unworn/unused with original tags and labels still intact.
- 5.9 It May take upto 14 working days for your refund to be processed, allowing for re-booking in, checking and processing, unless otherwise notified. Once your refund has been processed, you will receive notification of the said refund.
5B – TEAMWEAR
5B.1 – All Teamwear returns must be in their original condition, unworn/unused with original tags and labels attached. All returned teamwear will be inspected upon return arrival before any refunds are processed. Any items returned in exception to the above, altered or in a un-saleable condition may be refused for return and subsequent refund.
5B.2 – Items returned to us due to incorrect sizing will be returned at the buyers cost. Once received and cleared through our returns procedure as outlined in section 5B.1, any refunds may take upto 14 days for processing.
5B.3 – Any items returned for requested exchange, will require a new order placing on our website, upon which we will arrange for delivery of the adjusted size item to you.
5C – ACCESSORIES
The purchase of accessories are covered by our standard terms and conditions, as in the product themselves are covered for damages Or imperfections from the original manufacturers design and manufacturing process.
Exception to our standard terms and conditions however apply where purchased Accessories are added to a third party product. From there within these items are classed as “used” by the consumer, and are not covered under our standard terms and conditions
FRG (Trading as FMS.Store) are not responsible for the addition of any accessories to a third party product, (unless added by FRG themselves and supplied as such as a “adapted product”) nor accept any responsibility for damages or imperfections caused to a third party product by the application of an accessory sold by FRG.
And as such any accessory purchased from FRG for application to a third party product are applied at the buyers risk.
5D – DAMAGED / GRADED ITEMS
5D.1 – All Damaged/Graded items are items that have either been delivered to us as damaged or returned to us as damaged, However are deemed as damaged repairable. All items listed with damage have been listed as best as possible with the description of the damage – however is not an inclusive list of damage and items may have more damage on than described.
As such all damaged items are SOLD AS SEEN and have been discounted accordingly.
5D-2 – If you are not happy with your damaged item upon delivery you may return your item back to us for a refund at the SOLD AS SEEN discounted price.
6. Faulty Services
- 6.1 If any Service you purchase is damaged or faulty when delivered to you we may offer a repair, exchange or refund as appropriate, in accordance with your legal rights. If you believe a Service is faulty, you should notify us to arrange for the return of the Service(s).
- 6.1(b) Amendment – Please note that items sold as damaged items (Reference 5D) are not covered under section 6.1 other than outlined in section 5D-2.
- 6.2 Our policy on faulty Services does not affect your statutory legal rights.
7. Service Information
- 7.1 We have taken reasonable steps to display as accurately as possible the colours and other detailing of our Services in the images that appear on our Site. However, as the actual colours and detailing you see onscreen will depend on your screen, we cannot guarantee that your screen’s display of any colour or other detailing will exactly reflect the colour or detailing of the Service(s) upon delivery.
- 7.2 Any information on our Site regarding sizing of Services is included as a guide only. If you are in any doubt as to the size of any Service you require, we recommend that you contact us prior to placing an order.
8. Orders for delivery outside the United Kingdom
- 8.1 If you choose to access our Site from outside the United Kingdom, you are responsible for complying with local laws, if and to the extent that they are applicable. We do not represent or warrant that any Service(s) on our Site is appropriate for use or available in locations outside of the United Kingdom, or that it complies with any legal or regulatory requirements of such other locations.
- 8.2 Please contact us before ordering Services for delivery outside the United Kingdom. We may refuse to accept your order should you not contact us before ordering. Subject to us agreeing to and being able to deliver the Services outside the United Kingdom as they may be subject to import duties and taxes. You will be responsible for these. We have no control over such charges and cannot advise you as to what they may be, although your local customs office may be able to assist. For deliveries outside the United Kingdom, you will be regarded as the importer and it is your responsibility to comply with all laws and regulations of the country in which the Services are to be delivered. Cross-border deliveries may be subject to opening and inspection by customs authorities.
- 9.1 We understand that you may have concerns about security on the internet. Our Site uses a secure server in our online ordering process to protect your personal information.
- 9.2 When you proceed to the checkout, before you are prompted to complete your billing and shipping address, your browser will go into secure mode. Data relating to your order and your personal and payment card details will all pass to our server in an encrypted format. As soon as you have finished ordering you will exit secure mode. As an additional protection for you, our system is designed so that you cannot place an order until you are safely within secure mode.
- 9.3 We recommend that you do not communicate your payment card details to anyone, including us, by email. We cannot be responsible for any losses you may incur in transmitting information to us by internet link or by email. Any such loss shall be entirely your responsibility.
- 9.4 If you have any additional queries about security, please contact us.
10. Our liability
- 10.1 We will not be liable to you where performance of any of our obligations is prevented or restricted by any circumstance or cause beyond our reasonable control.
- 10.2 You are responsible for the use you make of the Service(s) you order. To the extent not prohibited by law, we accept no liability for any loss or damage which is not reasonably foreseeable or for any business loss (which includes loss of profits, contracts, goodwill, business interruption, loss of business or opportunity and other similar losses).
- 10.3 We accept liability for death or personal injury caused by our negligence and responsibility for fraudulent misrepresentation and any other liability that cannot, under English law, be excluded.
- 10.4 Nothing in this section or elsewhere in our Terms of Trading affects your statutory legal rights.
11. Personal Data
- 12.1 Failure by us to enforce a right does not result in waiver of such right. You may not assign or transfer your rights under these Terms of Trading.
- 12.2 If any part of these Terms of Trading is found to be unenforceable as a matter of law, all other parts of these Terms of Trading shall be unaffected and shall remain in force.
- 12.3 You and we agree that English law applies to these Terms of Trading and that any dispute between us arising out of or in connection with these Terms of Trading will only be dealt with by the English courts, unless you are resident in another part of the United Kingdom, in which case the applicable law of that part of the United Kingdom will apply and any dispute will be brought before the courts there. We are required by law to inform you that purchases can be concluded in English only and that no public filing requirements apply.
- 12.4 A person who is not a party to this agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
- 12.5 Even if we delay in enforcing this agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms of Trading, or if we delay in taking steps against you in respect of your breaking this agreement, 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 Services, we can still require you to make the payment at a later date.
13. How to contact us
- 13.1 Please feel free to contact us using the details set out on our Site.
- Our Full Postal Address for any cardholder Correspondence is as follows:
- The Barn
- Westminster Road
- Brackley, Northamptonshire
- NN13 7EB
14. Goods and Services
- 14.1 The Description of the Goods is as set out in the website, Catalogues, brochures or other forms of advertisement. any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the goods supplied
- 14.2 In the case of any goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate
- 14.3 All Goods which appear on the website are subject to availability
- 14.4 We can make changes tot the goods which are necessary to comply with any applicable law or safety requirement. We will notify you of any of these changes
15. Force Majeure
- Without prejudice to the generality of any of the foregoing Conditions the Company shall not be liable for any loss or damage caused by the non performance or in the delay of its performance of any of its obligations hereunder if the same is occasioned by any cause whatsoever which is beyond the Company’s control, including but not limited to acts of God, war, civil disturbance, requisitioning, import or export regulations, strike, lock out or trade dispute, difficulties in obtaining materials, breakdown of machinery, fire or accident should any such event occur the Company may cancel or suspend the contract without incurring any liability for any loss or damage thereby occasioned.
FormulaModelshop.co.uk is a trading name of FormulaRacingGroup (FRG) Ltd