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WEBSITE
TERMS AND CONDITIONS OF SUPPLY
You should print a copy of these terms and conditions for future reference. Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
www.pmtuning.co.uk is a site operated by PM Tuning Racing Products Limited (‘we’ or ‘us’). We are registered in England and Wales under company number 04366251 and we have our registered office at 7 Beech Grove Slyne Lancaster Lancashire LA2 6AJ. Our main trading address is 5/A Major Industrial Estate Middleton Road Heysham Lancashire LA3 3JS. Our VAT number is GB 636 3235 47. 2. SERVICE AVAILABILITY Our site is only intended for use by people resident on a worldwide basis apart from USA and Canada (‘Serviced Countries’). We do not accept orders from individuals outside those countries. Some restrictions are placed on the extent to which we accept orders from specific countries. These restrictions can be found on our Serviced Countries page. Please review our Serviced Countries page before ordering Products from us.
By placing an order
through our site, you warrant that:
4.1 After placing
an order, you will receive an e-mail from us acknowledging that we have
received your order. Please note that this does not mean that your order
has been accepted. Your order constitutes an offer to us to buy a Product.
All orders are subject to acceptance by us, and we will confirm such acceptance
to you by sending you an e-mail that confirms that the Product has been
dispatched (‘the Dispatch Confirmation’). The contract between
us (‘Contract’) will only be formed when we send you the Dispatch
Confirmation.
We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
6.1 If you are contracting
as a consumer, you may cancel a Contract at any time within seven (7)
working days, beginning on the day after you received the Products. In
this case, you will receive a full refund of the price paid for the Products
in accordance with our refunds policy (set out in paragraph 10 below).
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
8.1 The Products will
be at your risk from the time of delivery. 9.1 The price of any
Products will be as quoted on our site from time to time, except in cases
of obvious error.
10.1 When you return
a Product to us:
11.1 We warrant to
you that any Product purchased from us through our site is of satisfactory
quality and reasonably fit for all the purposes for which products of
the kind are commonly supplied.
12.1 If you order
Products from our site for delivery outside the UK, they may be subject
to import duties and taxes which are levied when the delivery reaches
the specified destination. You will be responsible for payment of any
such import duties and taxes. Please note that we have no control over
these charges and cannot predict their amount. Please contact your local
customs office for further information before placing your order.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to PM Tuning Racing Products Limited at 5/A Major Industrial Estate Middleton Road Heysham Lancashire LA3 3JS. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in paragraph 13. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
15.1 The contract
between you and us is binding on you and us and on our respective successors
and assigns.
16.1 We will not be
liable or responsible for any failure to perform, or delay in performance
of, any of our obligations under a Contract that is caused by events outside
our reasonable control (‘Force Majeure Event’).
17.1 If we fail, at
any time during the term of a Contract, to insist upon strict performance
of any of your obligations under the Contract or any of these terms and
conditions, or if we fail to exercise any of the rights or remedies to
which we are entitled under the Contract, this shall not constitute a
waiver of such rights or remedies and shall not relieve you from compliance
with such obligations.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
19.1 These terms and
conditions and any document expressly referred to in them represent the
entire agreement between us in relation to the subject matter of any Contract
and supersede any prior agreement, understanding or arrangement between
us, whether oral or in writing.
20.1 We have the right
to revise and amend these terms and conditions from time to time to reflect
changes in market conditions affecting our business, changes in technology,
changes in payment methods, changes in relevant laws and regulatory requirements
and changes in our system’s capabilities.
Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales. WEBSITE PRIVACY POLICY
This policy (together with our terms of use [Insert as link to Terms of Use] and any other documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. For the purpose of the Data Protection Act 1998 (‘the Act’), the data controller is PM Tuning Racing Products Limited and our registered office address is at 7 Beech Grove Slyne Lancaster Lancashire LA2 6AJ. Our nominated representative for the purpose of the Act is Islay Watson.
We may collect and process the following data about you: • Information that you provide by filling in forms
on our site www.pmtuning.co.uk (‘our site’). This includes
information provided at the time of registering to use our site, subscribing
to our service, posting material or requesting further services. We may
also ask you for information when you report a problem with our site.
We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns, and does not identify any individual. For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. They help us to improve our site and to deliver a better and more personalised service. They enable us: • to estimate our audience size and usage pattern. You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of our site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our site. Please note that our advertisers may also use cookies, over which we have no control.
We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy. All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone. Unfortunately, the transmission of information via the internet is not completely secure. Athough we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
We use information held about you in the following ways: We may also use your data, or permit selected third parties to use your data, to provide you with information about goods and services which may be of interest to you and we or they may contact you about these by post or telephone. If you are an existing user, we will only contact you
by electronic means (e-mail or text messaging) with information about
goods and services similar to those for which you redeemed points via
the website. If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data (the registration form).
We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 736 of the UK Companies Act 1985. We may disclose your personal information to third parties: • in the event that we sell or buy any business
or assets, in which case we may disclose your personal data to the prospective
seller or buyer of such business or assets.
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at 5/A Major Industrial Estate Middleton Road Heysham Lancashire LA3 3JS or at info@pmtuning.co.uk. Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail.
Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to 5/A Major Industrial Estate Middleton Road Heysham Lancashire LA3 3JS.
WEBSITE TERMS OF USE
www.pmtuning.co.uk is a site operated by PM Tuning Racing Products Limited (‘we’ or ‘us’). We are registered in England and Wales under company number 04366251 and we have our registered office at 7 Beech Grove Slyne Lancaster Lancashire LA2 6AJ. Our main trading address is 5/A Major Industrial Estate Middleton Road Heysham Lancashire LA3 3JS. Our VAT number is GB 636 3235 47. ACCESSING OUR SITE Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use. When using our site, you must comply with the provisions of our acceptable use policy [Insert as link to Acceptable Use Policy]. You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them. We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged. You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
The material
displayed on our site is provided without any guarantees, conditions or
warranties as to its accuracy. To the extent permitted by law, we, other
members of our group of companies and third parties connected to us hereby
expressly exclude: This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
We process information about you in accordance with our privacy policy [Insert as link to Privacy Policy]. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
Contracts for the supply of goods formed through our site or as a result of visits made by you are governed by our terms and conditions of supply [Insert as link to Terms and Conditions of Supply].
Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in our acceptable use policy [Insert as link to Acceptable Use Policy]. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty. Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site. We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy [Insert as link to Acceptable Use Policy].
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
You may link
to our home page, provided you do so in a way that is fair and legal and
does not damage our reputation or take advantage of it, but you must not
establish a link in such a way as to suggest any form of association,
approval or endorsement on our part where none exists. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy [Insert as link to Acceptable Use Policy]. If you wish to make any use of material on our site other than that set out above, please address your request to info@pmtuning.co.uk.
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These terms of use are governed by English law.
PM Tuning is a UK registered trade mark of PM Tuning Racing Products Limited. We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.
If you have any concerns about material which appears on our site, please contact info@pmtuning.co.uk. Thank you for visiting our site. WEBSITE ACCEPTABLE USE POLICY
Your use of our site means that you accept, and agree
to abide by, all the policies in this acceptable use policy, which supplement
our terms of website use [Insert as link to site’s Terms of Use]. Prohibited Uses You may use our site only for lawful purposes. You may
not use our site:
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