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Returns & Delivery

 

Returns & Delivery:

Under the following circumstances we are more than happy to accept returns for items ordered from our website and store.

Please Take Note: When returning a product it should be sent in the original appropriate packaging and shipped via recorded delivery with a suitable level of insurance and with proof of delivery. We are not able to process any replacement or refund until the item is received by us in the same condition it was delivered to you.

There are a few circumstances where you may need to return an item, each with their own procedure:

 

Exchanging an item:

Return the product to us within 5 working days and we will be happy to exchange it for another.

There will be a return re-shipping charge for the product in question which must be returned in an unused and re-saleable condition.

Simply email us at info@sinisterpowersports.co.uk - including your name, telephone number, order number and reason for return of the product and we will guide you through the procedure. There will be a 25% restocking fee if the requested product has to be ordered in for you.

 

No longer require an item:

Return the item to us within 5 working days of delivery and get a full refund minus any re-stocking fees (excluding any delivery costs). The product must be returned in an unused and re-saleable condition.

IIf you decide to return the product to us within 5 working days of delivery you can claim a refund minus the cost of shipping and all re-stocking fees. Re-stocking fees sometimes vary per but are a minimum 25% as stated per item so please contact us before dispatch as these will be deducted from your refund (dependent on the item).

The item must be returned in an unused, re-saleable condition.

Email us at info@sinisterpowersports.co.uk stating your name, telephone number, order number, and reason you would like to return an item and we will guide you through the procedure.

 

Item is faulty, damaged or incorrect:

On very rare occasion an item is damaged or is not what you ordered we are happy to offer a replacement or full refund.

Return the product to us within 5 working days of delivery and provided that the product is found by us to be the incorrect item and or faulty we will offer either a full refund or free replacement. We will also cover the cost to you of returning the item to us. The item must be returned in an unused, as-received condition.

Please remember to include a receipt for the postage costs for returning the item to us, so we can refund that too!

Email us at info@sinisterpowersports.co.uk stating your name, telephone number, order number, and reason you would like to return an item and we will guide you through the procedure.

 

Delivery & Risk:

SINISTER powersports shipping conditions:

Risk:

Risk of damage or loss to the goods shall pass to the buyer at the time of delivery or, if the buyer wrongfully fails to take delivery of the goods, the time when the seller has tendered delivery of the goods.

The seller use its reasonable endeavours to deliver the goods to the buyer within a reasonable period after the receipt of the order by the seller, but the time of delivery shall not be of essence, unless otherwise agreed by the seller and the buyer in writing.

The seller appoints a carrier to arrange delivery on its behalf, at the time the carrier commences loading the goods from the seller’s premises onto its delivery vehicle (or if the seller loads the goods onto the carrier’s delivery vehicle, at the time the goods are placed on the carrier’s vehicle).

Where the buyer collects the goods from the sellers premises, at the time of commencement of the loading of the goods the sellers premises onto the buyers vehicle or when the buyer picks up goods from the trade counter or at one of the sellers locations of business.

The seller shall be entitled to supply the goods in instalments and failure by the seller to deliver any one or more of the instalments in accordance with these conditions (or any claim by the buyer in respect of any one or more instalments) shall not entitle the buyer to treat the contract as a whole as repudiated or to cancel any other instalment.

Unattended deliveries, when requested by the buyer shall be at the buyer’s own risk except where the seller has been negligent in respect of that delivery. Warranty and limitations of liability:

THE BUYERS ATTENTION IS DRAWN IN PARTICULAR TO THE PROVISIONS OF THIS CONDITION:

The seller warrants that the goods will be of satisfactory quality and fit the purpose of which they were supplied.

Except as expressly provided in this agreement the seller excludes all representations, warranties, conditions and other terms implied by statute, common law or otherwise to the fullest extent permitted by law. The seller will endeavour to pass on to the buyer the benefits of any guarantees or indemnities given to them by its supplier.

If not withstanding the above, the seller is found liable for any loss or damage suffered by the buyer, its aggregate liability shall in no event exceed the price of the goods the subject of the claim and, without prejudice to the above, shall not be liable for any indirect, special or consequential loss.

Losses sustained in the ordinary course of business, loss of profit, loss of business, depletion of goodwill, loss of business opportunity, revenue, contracts or loss of savings whatsoever.

Nothing in these conditions shall apply to exclude or limit any liability to the buyer in respect of Fraud, fraudulent misrepresentations or Death or personal injury of the buyer caused by the sellers negligence or The terms as to title and quiet possession implied by section 12 of the goods act 1979 or section 2 of the supply of goods and services act 1982 or Liability for defective products under the consumer protection act 1987 or The terms as to goods corresponding with their description or sample implied by section 13 and section 15 respectively of the sale of goods act 1979 where the buyer deals as consumer (as defined in section 12 of the unfair contract terms act 1977).

 

Delivery:

If the quantity of the goods delivered is less that agreed by the seller and the buyer, the buyer shall not be entitled to reject the delivery, but shall be entitled only to a future delivery of goods to make up the deficiency, or (at the sellers option a refund by way of a credit note of the appropriate part of the purchase price).

The buyer shall have no entitlement whatsoever in respect of such non-delivery, short delivery, damaged delivery, on delivery unless the carriers delivery note has been signed in accordance with the discrepancy (except in the case of non-delivery) and an email has been sent to our "Contact Us" page with a read receipt or recorded delivery letter and information regarding discrepancy no later than one working day from time and date of delivery received.

Any failure of ‘YOU’ the buyer to give notice.

The seller is prevented from successfully claiming against the carrier for such short delivery, damaged delivery or non-delivery, the rights of the buyer under this condition shall not apply and the buyer shall be liable to pay the full price for all the goods which are the subject of the contract.

 

Buyers Default:

The buyer makes any voluntary arrangement with its creditors or becomes subject to an administration order, or (being an individual or firm) becomes bankrupt or (being a company goes into liquidation otherwise than for the purpose of amalgamation or reconstruction) or (being a partnership) is petitioned to wound up or dissolved or an encumbrance takes possession, or a receiver is appointed of any of the property assets of the buyer or the buyer ceases, or threatens to cease, to carry on business or the buyer is in breach of any term of the contract or the buyer is in breach of any sellers credit application procedures including without limitation completion by the buyer of the account application form or if the buyer exceeds its credit limit.

Then without prejudice to any other right or remedy available to the seller, the seller shall be entitled to cancel the contract or suspend any further deliveries under the contract without any liability to the buyer and if the goods have been delivered but not paid for, the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.

 

Claims procedure in respect of faulty goods:

The seller must be notified of any claim in respect of any of the goods alleged to be defective by sending an email to our "Contact Us" page with a read receipt or by recorded delivery letter, specifying the reason giving rise to such claim or return.

Notification must be made within the time limits set below for each reason giving rise to a claim where a product has a manufacturing fault or a part is missing or there is some other problem totally attributable to the manufacture within 5 working days.

Where a product has been damaged by the seller or on delivery of the product within 1 working day.

The seller will only consider such a claim in respect of any goods if the following information has been given in an email to our "Contact Us" page with a read receipt or recorded delivery letter, the invoice number of and/or the delivery note number of the goods, the part number of the item (or any description that clearly identifies the item to be returned) the quantity of the goods (expressed in the sellers correct unit of sale) the subject of the claim and the reason for the claim.

In addition, where it is alleged by the buyer that any of the goods are defective due to damage occasioned to them, the buyer shall notify the seller of such damage and notify the seller within 5 working days by email to SINISTER powersports with a read receipt or recorded delivery letter.

If by reason of the failure of the buyer to give any such notice the seller is prevented from successfully claiming against the carrier for such damage, the buyer shall be liable to pay for the goods as though no such damage occurred.

Where the buyer could not have discovered the subject of the claim within the time limit set out in the condition then the buyer must notify the seller within a reasonable time of the discovery of the potential claim.

 

Force Majeure:

The seller shall have the right to cancel, or to reduce the volume of the goods delivered, or to delay delivery if it is prevented from or hindered in the delivery of the goods through any circumstances beyond its control (affecting either itself or any other party) including (but not limited to) industrial action, war, fire, prohibition or enactment of any kind, lock-out or trade dispute, without incurring any liability for any loss or damage whatsoever resulting there from.

 

Waiver:

The failure or either party to enforce or to exercise at any time or for any period of the time, any term of or any right arising pursuant to these conditions does not constitute and shall not be constructed as a waiver of such term or right and shall in no way affect either parties right later to enforce or exercise it. Any express waiver of any breach of these conditions shall not be deemed to be a waiver of any subsequent breach.

 

Severability:

The invalidity or unenforceability of, or any right arising pursuant to, the contract shall not in any way effect the remaining terms or right which shall be constructed as if such invalid or unforceable term or right did not exist.

 

Assignment:

The contract is personal to the buyer and the seller and neither party may assign, transfer, subcontract or otherwise part with the contract or any right or obligation under it without the party’s prior written consent.

 

Third Party Rights:

A person who is not a party to the contract is not entitled to enforce any of its terms under the contracts (rights of third parties) act 1999 except where the contract express provides that such a person is entitled to enforce any of its terms under that act.

 

Cancellation:

No cancellation of an order will be accepted unless it is confirmed in writing via email to SINISTER powersports with a read receipt or recorded delivery letter within 1 working day of the order being placed by the buyer.

All ‘special order’ deposits taken are non-refundable - period.

 

Impossibility of Performance:

The seller shall be relived of it obligation to perform the contract to the extent that the performance therefore is prevented by failure of the buyer, fire, weather conditions, industrial dispute, labour disturbance or cause beyond the reasonable control of the seller.

© SINISTER powersports Ltd 2017
Company number: 09843284 Registered in England
e: info@sinisterpowersports.co.uk | t: 0151 356 3021 | Registered Address: Unit 1 Elm Court, Newbridge Road, Ellesmere Port, Cheshire, United Kingdom, CH65 4LY
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