5. Order Acceptance and Payment
5.1. Before your order can be accepted, we must receive in cleared funds, or confirmation of authorisation of payment (where a credit card is used) the purchase price specified in full (without any deduction).
5.2. Once payment has been received by us in accordance with clause 5.1 we will confirm that your order has been accepted by sending an Order Confirmation to you at the e-mail address you provide. When we send you this Order Confirmation a legally binding contract exists between us. Motorcycle Recycle reserve the right to refuse any voucher code application or redemption if there is any suspicion of fraud or foul play.
5.3. You may pay for the Products in any currency from time to time stated on our Website.
5.4. You must pay for the Products you order by using any method currently specified on the Website, which may include without limitation;
5.4.1. a telegraphic transfer or a bank transfer to Motorcycle Recycle's account; or
5.4.2. credit or debit card by communicating your card details to Motorcycle Recycle (for the avoidance of doubt the credit/debit cards accepted by us are those listed on the Website on the date your order is placed).
5.5. In the event that payment for an order is not received; or you are not fully entitled to use your nominated credit, debit or charge card; or such card has insufficient funds to cover the price of the Products then:
5.5.1. Motorcycle Recycle may contact you allowing you to make payment in full within a specified time period by the same or another means; or
5.5.2. Motorcycle Recycle may at its sole discretion cancel your order in which case Motorcycle Recycle shall return any monies received from you within 30 days of receipt of such monies to your nominated account and Motorcycle Recycle shall be entitled to deduct an administration fee to cover any expenses incurred by Motorcycle Recycle in doing so;
5.5.3. you agree that in any event that Motorcycle Recycle shall have no liability to you for any loss, damage, costs, expenses or other claims that you may incur.
5.6. You agree to indemnify Motorcycle Recycle in full against all costs and outgoings incurred by us in obtaining payments from you in the event a failed payment occurs.
6. Our Right to Cancel
6.1. We reserve the right to cancel your order if:
6.1.1. after receiving your order and before we send you your Order Confirmation, we become aware of a pricing error in respect of the Product you have ordered, we reserve the right to withdraw the Product from sale and inform you accordingly; or
6.1.2. a Force Majeure Event occurs.
6.2. If we do cancel your order we will notify you by e-mail and will offer an alternative replacement Product or refund to you any amounts paid to us as soon as possible and in any event within 30 days of your order.
6.3. We shall not be liable to you for any loss, damage, costs expenses or claims that you may incur, for orders cancelled by us before we send your Order Confirmation.
6.4 This clause 6 does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
7.1 We reserve the right to charge for and fulfil partial orders where the Order Confirmation consists of multiple items.
7.2 Delivery will be made to the address specified in the Order Confirmation.
7.3 We will take all reasonable steps to deliver your order to you on or before the date specified in the Order Confirmation. We cannot be held liable for delays caused by circumstances beyond the reasonable control of Motorcycle Recycle (such as Force Majeure events). Time will only be of the essence of the contract if you have agreed this in advance with us at the time of placing your order and received an Order Confirmation with a guaranteed delivery date.
7.4 You will become the owner of the Products you have ordered when they have been delivered to you. Once the Products have been delivered to you they will be held at your own risk and we shall not be liable for their loss or destruction.
8. Right of Cancellation
8.1. EXCEPT FOR the Products that are custom works or made to order products, you will be entitled to cancel your order by written notice to us by following the procedure in clause 10. You do not need to give us any reason for cancelling your order nor will you have to pay any penalty. Products that are custom works or made to order cannot be cancelled or returned. This policy is in accordance with the Consumer Protection (Distance Selling) Regulations 2000.
9. Warranties and Refunds
9.1. Subject to the following provisions of this clause 9.1, we warrant that the Products will be of satisfactory quality. The aforementioned warranty is given by Motorcycle Recycle subject to the following condition save that it is acknowledged that your statutory rights are not affected:
9.1.1 Motorcycle Recycle shall be under no liability to the customer for any loss, damage, costs, expenses or other claims in respect of: (a) any defect arising from wilful damage, negligence, failure to follow instructions for the use of the Products (whether oral or in writing); (b) misuse or alteration of the Products without our approval; (c) arising from any Customer Material supplied by you which is incomplete, inaccurate, illegible, out of sequence or in the wrong form, or any other fault of the Customer.
9.2. Motorcycle Recycle's products should meet or exceed your expectations. However, in the event that you are dissatisfied with your order, the Products delivered to you are incomplete or you have received incorrect Products, we shall have no liability to you unless you notify Motorcycle Recycle of the problem AS SOON AS IS REASONABLY POSSIBLE of the Products in question. For the purposes of efficiency we advise you to contact our office calls may be recorded for training purposes
9.3. If you notify a problem to us under clause 9.2 or we have committed a breach of the warranty at clause 9.1 our only obligation will be (to be determined at your option and subject always to your statutory rights):
9.3.1.we may offer you an alternate Product free of charge within 60 days of notification provided that that the original Product is returned to us in accordance with clause 10; or
9.3.2. we will arrange with you for the Products to be returned to us in accordance with clause 10, and we shall refund the price paid.