Terms & Conditions
Terms and Conditions
These terms and conditions regulate the business relationship between you and us. By using Our Web Site in any way, or by buying from us, you agree to be bound by them.
We are: Winding Roads Limited
Our address is: Winding Roads Ltd., Castle Lane, Melbourne, Derby DE73 8JB. UK
You are: a visitor to Our Web Site/our customer
The terms and conditions
In this agreement:
"Carrier" means any person or business contracted by us to carry Goods from us to you, whether all or part of the distance.
"Our Web Site" means the entire computing hardware and software installation that is or supports Our Web Site.
"Goods and Services" means any of the goods and services we offer for sale on our web site
"Content" means information in any form published on Our Web Site by us or any third party with our consent.
2 Our contract with you
2.1 These terms and conditions apply:
2.1.1 so far as the context allows, to you as a visitor to Our Web Site; and
2.1.2 in any event to you as a buyer or prospective buyer of our Goods.
2.2 Goods advertised may not be available.
2.3 We shall accept your order by e-mail confirmation. Our message will also confirm details of your purchase and tell you when we shall dispatch your order. That is when our contract is made. It is possible that the price may have increased from that posted on our web site.
2.4 We may change these terms from time to time. The terms that apply to you are those posted here on Our Web Site on the day you order Goods and Services.
2.5 All descriptions, weights and sizes of Goods are those of the original manufacturers and you may not rely on their accuracy. Accordingly, any such description shall not form part of this Agreement.
2.6 If we do not have the Goods you order in stock, we will offer you alternatives before we dispatch your order. If this happens you may:
2.6.1 accept the alternatives we offer;
2.6.2 cancel your order;
2.6.3 leave the order valid, but tell us to omit the out-of-stock item.
2.7 If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 30 days from the date of your order.
2.8 Goods are at your risk from the moment they are picked up by the Carrier from our warehouse.
2.9 All goods are warranted for a maximum of 12 months from date of purchase, regardless of any manufacturer's warranty terms applicable in the country of manufacture.
3 Price and Payment
3.1 You must pay us the full price of your order before we will send any part of it.
3.2 Customer Offer Codes cannot be used in conjunction with any other offer or special pricing items. Any such orders placed will be cancelled and refunded.
3.3 Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than pounds Sterling will be borne by you.
3.4 Any details given by us in relation to exchange rates are approximate only and may vary from time to time.
3.5 You will pay all sums due to us under these terms by the means specified without any set-off, deduction or counterclaim.
4 Information you give us
4.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods and Services.
4.2 We will use our reasonable endeavours to respond to any point of dissatisfaction by you, provided you contact us within three months of purchase.
5.1 Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept delivery.
5.2 If we are not able to deliver your goods within 30 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.
5.3 We may deliver the goods in installments if the goods are not available at the same time for delivery.
6 Taxes, duties and import restrictions
6.1 We have no knowledge of, and no responsibility for, the laws in your country of residence.
6.2 You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country of residence.
7 Goods returned
Because you are buying the Goods by mail order, you may have a right of cancellation. If you do, (and only if you do), these are the terms which apply:
7.1 You must tell us you wish to cancel within 14 days of your receipt of the Goods;
7.2 In any event, you may not cancel or return orders for Good that are bike specific, are non stock and have been specially ordered or commissioned or personalized goods;
7.3 The Goods must be returned to us within 14 days of your telling us you wish to cancel:
7.3.1 with both goods and all packaging in their original condition;
7.3.2 securely wrapped;
7.3.3 including our invoice to you;
7.3.4 at your risk and cost.
7.4 After we have received the Goods, we will credit your credit or debit card with the full purchase price of the goods returned no later than 30 days from the date of receipt;
7.5 If you do not return the Goods to us, you are still liable to us for the cost.
7.6 We are under no obligation to collect or recover Goods from you, but if we do, our costs will be payable by you.
7.7 Shipping / postage charges are costs we incur on your behalf and are not refundable unless goods are faulty or damaged.
7.8 Returned goods remain the property and responsibility of the purchaser until signed for by us.
8.1 We or our Content suppliers may make improvements or changes to Our Web Site, the Content, or to any of the Goods and Services, at any time and without advance notice.
8.2 You are advised that Content may include technical inaccuracies or typographical errors.
8.3 We give no warranty and make no representation, express or implied, as to:
8.3.1 the adequacy or appropriateness of the Goods and Services for your purpose.
8.3.2 the truth of any information given on Our Web Site;
8.3.3 any implied warranty or condition as to merchantability or fitness of the Goods and Services for a particular purpose;
8.3.4 compatibility of Our Web Site with your equipment software or telecommunications connection.
8.3.5 compliance with any law;
8.3.6 non-infringement of any right.
8.4 Our Web Site contains links to other Internet web sites. We have neither power nor control over any such web site. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked web site, nor for any loss or damage arising from your use of any such web site.
8.5 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Web Site or the purchase of Goods.
8.6 In any claim against us our liability is limited to the value of the goods you have purchased in the contract which is the subject of the dispute.
9 Content and Intellectual Property Rights
9.1 Title, ownership rights, and intellectual property rights in the Content whether provided by us or by any other Content provider shall remain the sole property of us and / or the other Content provider. We will strongly protect its rights in all countries.
9.2 You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as is expressly permitted in this agreement.
9.3 You may download or copy the Content only for your own personal use, provided that you maintain all copyright and other notices contained in such Content. You may not store electronically any significant portion of any Content.
10 System Security
10.1 You agree that you will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of the Installation;
10.2 you agree that you will in no way modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of Our Web Site, or any software used on Our Web Site, and that you will not permit any other person to do so.
10.3 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
10.4 Examples of violations are:
10.4.1 accessing data unlawfully or without consent;
10.4.2 attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
10.4.3 attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing";
10.4.4 forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
10.4.5 taking any action in order to obtain services to which you are not entitled.
10.5 You agree to indemnify us against any claim or demand, including reasonable lawyers' fees, made by any third party due to or arising out of:
10.5.1 any violation of system security as set out above;
10.5.2 your use of Our Web Site;
10.5.3 any other breach or violation of this agreement by you;
10.5.4 the infringement by you, or by any other user of the services using your computer, of any intellectual property or other right of any person or entity, or as a result of any threatening, libellous, obscene, harassing or offensive material contained in any of your communications.
You agree to indemnify us against any claim or demand, including reasonable lawyers' fees, made by any third party due to or arising in any way out of your use of Our Web Site, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
12 Contractual Limitation
Where we provide goods or services without specific charge, then it (or they) is deemed to be provided free of charge, and not to be associated with any other service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of any such goods or services.
13 Rights of third parties
Nothing in this agreement or on our web site shall confer on any third party any benefit under the provisions of the Contracts (Rights of Third Parties) Act 1999.
If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
15 No Waiver
No waiver by us, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
16 Dispute Resolution
In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
17 Force majeure
We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.
18 Governing Law
This Agreement shall be governed by and construed in accordance with the law of England. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
Information is not advice
We may not have been able to verify all of the information given on this site. Furthermore, we shall not be held liable for loss or damage suffered by any client, customer, or visitor acting in reliance on information on this site. We expressly deny that we are experts in any subject.
Description subject to change
All information given on this web site is given in good faith, but we shall not be held liable for any loss or damages suffered by any client, customer, or other visitor to this site, on account of any inaccuracy of description or information, or as a result of any change or new information which may have arisen after the date of publication.
Confidentiality - mutual undertaking
1 The parties are aware that in the course of the Contract they will each have access to and be entrusted with information in respect of the business and operation of the other and their dealings, transactions and affairs, all of which information is or may be confidential.
2 The parties hereby undertake for themselves and every employee or sub-contractor whose services they may use both during and after completion of the Contract that they will not divulge to any person whatever or otherwise make use of (and shall use their best endeavours to prevent the publication or disclosure of) any trade secret or confidential information.
3 Both the Host and the Customer hereby undertake to the other to make all relevant employees agents and sub-contractors aware of the confidentiality of information and the provisions of this paragraph and to take all such steps as shall from time to time be necessary to ensure compliance by its employees agents and sub-contractors with these provisions.
4 Each of the Host and the Customer hereby undertakes one to the other that for the period of 12 months following completion of the Contract they will not directly or by an agent or otherwise and whether for themselves or for the benefit of any other person induce or endeavour to induce any officer or employee of the other to leave his employment.
5 The provisions of the last previous sub paragraph shall not apply to one of them if the other becomes subject to bankruptcy, receivership or liquidation proceedings.
1 The Customer agrees that he will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of the systems of Winding Roads Limited;
2 The Customer understands that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
2 Examples of violations are:
3.1 accessing data unlawfully or without consent;
3.2 attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
3.3 attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing";
3.4 forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
3.5 taking any action in order to obtain services to which the Customer is not entitled.
Limitation of liability
1 The following provisions set out the entire liability of Winding Roads Limited (including any liability for the acts and omissions of its employees) to the Customer in respect of:
1.1 any breach of its contractual obligations arising under this agreement; and
1.2 any representation statement or tortuous act or omission including negligence arising under or in connection with this agreement
and the Customer's attention is drawn to these provisions.
2 Any act or omission on the part of the Winding Roads Limited falling within this paragraph shall be known as an "Event of Default".
3 Winding Roads Limited's entire liability in respect of any Event of Default shall be limited to damages of an amount equal to the total Price paid or payable by the Customer for this Contract for one year.
4 Winding Roads Limited shall not be liable to the Customer in respect of any Event of Default for loss of profits goodwill or any type of special indirect or consequential loss (including loss or damage suffered by the Customer as a result of an action brought by a third party) even if such loss was reasonably foreseeable or Winding Roads Limited had been advised of the possibility of the Customer incurring the same.
The Customer alone shall bear the responsibility and risk involved in determining whether the products are suitable for the application intended.
Winding Roads assumes no liability for defects which occur due to use of any products for purposes for which they are not intended, or for defects which occur owing to incorrect installation, corrosion, ultraviolet degradation, lack of care, or any alteration to the product carried out by the buyer. Winding Roads assumes no liability for normal wear and tear, or for depreciation of value.
5 If a number of Events of Default give rise to substantially the same loss then they shall be regarded as giving rise to only one claim under this agreement.
6 The Customer hereby agrees to give the Winding Roads Limited not less than 72 hours in which to remedy any Event of Default hereunder.
7 Nothing in this paragraph shall confer any right or remedy upon the Customer to which he would not otherwise be legally entitled.
8 Winding Roads Limited shall not be liable to the Customer for loss arising from or in connection with any representations agreements statements or undertakings made prior to the date of this agreement.
1 Winding Roads Limited and its content suppliers make no representation nor warranty, express or implied, in any part of this web site on any subject.
2 To the full extent permissible by applicable law, Winding Roads Limited and its content suppliers disclaim all warranties and conditions with regard to any information provided about products and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement.
3 In no event shall Winding Roads Limited or its content suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with the use of the site or the content available from this site.
4 Users are advised that content may include technical inaccuracies or typographical errors.
5 Winding Roads Limited or its content suppliers may make improvements or changes to the site, the content, or to any of the products and services described on the site, at any time and without advance notice.
Winding Roads Limited asserts ownership of all intellectual property constituted in any part of this site. Winding Roads Limited will strongly protect its rights in all countries. Accordingly, any reproduction, modification, distribution, transmission, republication, display or other use of the content on this site is strictly prohibited. This provision does not apply to the copyright of any other person or company, where acknowledged. Any such other person or company may be expected to assert and protect their rights to the same extent.
1 Neither party shall be liable for any breach of its obligations resulting from causes beyond its reasonable control including strikes of its own employees.
2 Each of the parties agrees to give notice immediately to the other upon becoming aware of an event of force majeure such notice to contain details of the circumstances giving rise to it.
3 If a default due to force majeure shall continue for more than [nn] weeks then the party not in default shall be entitled to terminate this agreement. Neither party shall have any liability to the other in respect of the termination of this agreement as a result of force majeure.
Contract is divisible
Each sub paragraph in this agreement is independent and severable from each other paragraph and enforceable accordingly. If any restriction is unenforceable for any reason but would be enforceable if part of the wording were deleted, it will apply with such deletions as may be necessary to make it valid and enforceable.
In the event of a dispute arising out of or in connection with this Contract and which has not been resolved following discussions and negotiations between a person or persons appointed or authorised by the Customer and Winding Roads Limited then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
The failure by either party to enforce at any time or for any period any one or more of the terms or conditions of this Contract shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of this Contract.
Responsibility for Fitment
Not all products are supplied with fitting instructions and a basic level of mechanical competence is assumed. It is most important that all persons or companies carrying out fitment of our products are capable and knowledgeable in the task they are undertaking. It is fully the responsibility of the purchaser to ensure that all parts supplied are fitted safely and correctly. If you are in any doubt then please consult a professional mechanic / engineer, or ourselves for further advice. It is expressly your own responsibility to ensure that the goods are correctly fitted, not overloaded and that the motorcycle is safe to ride.
Copyright Andrew Taylor and Net Lawman Ltd 2002. www.Netlawman.co.uk