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Definitions

Business Day
a normal working day, ie other than a Saturday, Sunday or Public Holiday.
Conditions
the terms and conditions set out in this document that may be amended from time to time and will be updated on the website.
Contract
the contract between Carbon Moto Ltd t/a Cafe Racer Seats
Customer
the person or organisation who purchases the Goods from Carbon Moto Ltd
Delivery Location
The address given by the customer
Force Majeure Event
include here or later
Goods
the goods (or any part of them) set out in the order.
Carbon Moto
Carbon Moto Ltd (registered in England and Wales, company number 7638719 , Registered address, Unit H17, Sheaf Bank Business Park, Prospect Road, Sheffield, S2 3EN
Order
the Customer’s order for the goods submitted by the Customer online via the website or by telephone.
Bespoke
any product manufactured to specification given by Customer.
Website
the website accessible at caferacerseats.co.uk.

Orders

The Order you place via the Website constitutes an offer to purchase the Goods in accordance with these Conditions. You are responsible for ensuring that the order and specification offered is accurate.

The Order shall only be deemed accepted by Carbon Moto Ltd when you have paid for the goods, monies received by Carbon Moto and the goods have been dispatched. Any email, order confirmation or other electronic acknowledgement by us of receipt of an order does not constitute legal acceptance by Carbon Moto of your order.

All Orders placed via the Website are subject to stock availability. In the unlikely event that you are able to place an Order for an item that is not available from stock, Carbon Moto will contact you as soon as possible. You will have the option to wait until the items are available from stock or to cancel your Order. In these circumstances, upon cancellation, you will be refunded in full.

Carbon Moto will not accept orders originating from and delivery to countries detailed in our Delivery section. Carbon Moto reserves the right to make changes to the list of countries without notice.

Carbon Moto will retain details of your Order in our database and these details can be made available to you on request.

Where the Customer has been directed to the Website as a result of a third party site, these sites are independent from Carbon Moto and Carbon Moto is not responsible or liable for such sites.

Product information

Products are described on the Website or in the Specification.  Carbon Moto reserves the right to amend the product description if required. Representations of colour online are as accurate as photographic and electronic processes will allow. Please note that colour online can also be affected by different output devices. All weights and sizes are supplied as a guide only and are approximate.

Fitting guides provided with products have been produced by Carbon Moto to assist in fitting the products to your vehicle. If you are in any doubt you should seek help from an appropriate professional. Carbon Moto accepts no liability for any loss, damage or injury arising as a result of the fitting guide.

In the event that there are any errors regarding price or description, we reserve the right to correct that price or description and notify you accordingly. In these circumstances, it will be deemed that a contract has not been entered into and you will not be bound to continue with your purchase. You will be given the option to proceed with this revised Order at the correct price or description, or to cancel the Order. Upon cancellation, a refund will be made in full and processed by us within 2 working days. The repayment of such monies paid to us will be the extent of our liability to you in the event of these errors.

Price Information

The price of the Goods is the price set out on the Website. All prices are shown in Pounds Sterling. The price of the Goods is exclusive of the costs and charges of packaging, insurance and transport of the Goods, which shall be invoiced to you separately.

The price of the Goods is inclusive of VAT where applicable. The prices shown are only applicable to purchases made via the Website. Offers cannot be used in conjunction with one another. Where more than one offer is available on the same product only one discount will apply unless advised to the contrary.

Payment Information

Carbon Moto accepts payment by most major credit or debit cards registered at UK addresses, or by Paypal registered to UK addresses.

Payment may be accepted by cash or postal order by arrangement. The Customer is responsible for delivery by tracked and insured mail. Carbon Moto does not accept liability for non-receipt of payment by mail.

Please ensure that the expiry date of your credit or debit card is after the anticipated despatch date of your Order. Payment will be debited from your account before the despatch of your goods, if your payment card has expired, we will be unable to take payment and fulfil your Order.

Carbon Moto are not liable for any bank charges that may be incurred by the Customer if sufficient funds are not available at the time when payment is taken.

All credit and debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.

All information provided will be treated in accordance with the Data Protection Act 1998.

Delivery Information

For deliveries to non-mainland UK addresses and certain remote locations e.g. Scottish Isles, Isle of Man, Isle of Wight, Northern Ireland and the Scottish Highlands, there may be an additional surcharge imposed by our couriers and a slightly longer delivery lead-time. Further details are given in our Delivery section of the website.
The delivery charge for each item is listed on the product detail page. When you add products to your shopping basket and have chosen the delivery option the appropriate charge will be added automatically. All delivery charges will be shown clearly throughout the checkout process. Any dates quoted for delivery are approximate only and Carbon Moto cannot be held liable for any costs incurred if delivery is delayed. Carbon Moto shall deliver the Goods to the location set out in the Order or such other location as the parties may agree at any time.

Delivery of the Goods shall be completed on the Good's arrival at the Delivery Location. The Goods (including risk of loss and damage to goods) will pass to you on completion of delivery. Carbon Moto shall have no liability for any delay in delivery of the Goods, or failure to deliver the Goods, where the delay or failure is caused either by a Force Majeure Event or the Customer's failure to provide Carbon Moto with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.

Refunds and Returns

Bespoke product and other made-to-order products (ie painted to a specification provided by the Customer) cannot be returned unless faulty.

Under the Distance Selling Regulations, you have the right to cancel your Order any time before dispatch, or within seven days of receiving your goods. If you cancel after dispatch of Goods, Carbon Moto will attempt to stop the item in transit, but if the Goods are delivered, you will still be entitled to a full refund. Please contact Carbon Moto by emailing info@caferacerseats.co.uk if you wish to exercise this right.
If you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the Goods to Carbon Moto at your own cost. The goods must be returned unopened and you must take reasonable care to ensure the Goods are not damaged in the meantime or in transit.

You may send returns back to us via which ever method you choose, however we do recommend using a trackable service and obtaining proof of postage. When sending returns back to us please make sure they are securely packaged, as Carbon Moto cannot be responsible for lost or damaged returns. Carbon Moto are unable to provide a collections facility.

We will endeavour to process refunds as soon as possible, but will refund the account within 30 days.

All Carbon Moto manufactured parts are clearly identifiable by security markings and by manufacturing technique. For information on how to return an item, please click here. Your statutory rights are not affected.

After Sales Service

Guidance on the fitting of manufactured parts is available by telephoning 07791 797093. However, Carbon Moto accepts no liability for any loss, damage or injury arising as a result of the telephone guidance.

Complaints and Queries

If you are not happy with any aspect of our online service please let us know and we will do everything we can to assist you.

Industry Standard Encryption

We ask for your credit or debit card details over a secure connection using industry standard encryption (SSL). Carbon Moto does not store your card details after the transaction has been completed.

Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under the Contract where such failure or delay is caused by a Force Majeure Event. A Force Majeure Event means any event beyond a party's reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party's), failure of energy sources or transport network, acts of God, war, riot, fires, floods, storms, earthquakes, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.

Variation

Carbon Moto reserve the right to change these Terms and Conditions at any time, without notice. Any changes will take effect when posted on this Website. By using this Website you agree to be bound by these Terms and Conditions.

Notices

Any notice or other communication given to the Customer under or in connection with the Contract shall be in writing, addressed to the Customer at the address that the Customer has specified to Carbon Moto in writing in accordance with this clause, and shall be delivered personally, sent by pre-paid first class post, recorded delivery, commercial courier, fax or e-mail.
A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 6.5; if sent by pre-paid first class post or recorded delivery, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed; or, if sent by fax or e-mail, one Business Day after transmission.
The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

Severance

If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

Waiver

A waiver of any right or remedy under the Contract is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

Third party rights

A person who is not a party to the Contract shall not have any rights under or in connection with it.

Governing law and jurisdiction

The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.

Measurements

Need to give clarity on definitions of measurements somewhere

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