Terms & Conditions
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1.
Definitions |
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1.1 |
The "Buyer" means the Account Applicant or
person who buys or agrees to buy Goods from the Seller. |
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1.2 |
The "Seller" means Russian Motorcycle
Manuals. |
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1.3 |
"Conditions" means the Conditions of Sale
set out in this document and any special conditions agreed
in writing by the Seller. |
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2.
Conditions |
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2.1 |
These "Terms and Conditions" do not affect
your statutory rights as a consumer. |
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2.2 |
All contracts of sale made by the Seller
shall be deemed to incorporate these terms and conditions
which shall prevail over any other document or communication
from the Buyer. |
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2.3 |
If any amendments to this terms and
conditions are required it is preferable that they be
confirmed in writing. |
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2.4 |
By using this site and placing orders herein, you are
agreeing to these terms and conditions. |
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3.
Prices |
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3.1 |
All prices on this web
site are in £ Sterling. The Price shall be that on
the Seller’s current list price, web site, or if applicable
the price contained in the Seller’s Quotation. |
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3.2 |
UK Postage applies to the United
Kingdom only and will be charged at the rate of £1.70
per book. International Postage applies to all other
countries including Europe and The Republic of Ireland and
will be charged £5.00 per book. |
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3.3 |
Should a product's price change between
receipt of order and dispatch the buyer will be notified and
given the opportunity to cancel the order and receive a full
refund. |
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3.4 |
All Prices are exclusive of VAT and
charges for packing, postage and Carriage which shall be
paid in addition. |
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3.5 |
The total purchase price, including and
Delivery charges will be displayed in the Buyer's shopping
cart prior to confirming the order. |
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3.6 |
In the case of consumer sales, payment
must be made in full before dispatch of any Goods. |
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3.7 |
In the case of other sales, payment is due
in full on the terms of credit agreed which shall not be
more than 30 days from the date of invoice. Time for payment
shall be of the essence and any failure to pay shall entitle
the Seller at its option to treat the Contract as repudiated
by the Buyer or to delay delivery until paid. |
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3.7 |
If any act or proceedings shall be
commenced in which the Buyer’s solvency is concerned, all
monies under any transaction covered by these Conditions
shall become immediately due and payable |
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4.
Interest on Overdue Invoices |
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4.1 |
Interest on overdue invoices shall accrue
from the date when payment becomes due from day to day until
the date of payment at 2% above National Westminster Bank
PLC base lending rate for the time being in force per
calendar month. |
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5.
Warranty and Liability |
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5.1 |
The Seller warrants that the Goods will at
the time of delivery correspond to the description given by
the Seller. Except where the Buyer is dealing as a consumer
(as defined in the Unfair Contract Terms Act 1977, Section
12) all other warranties, conditions or terms relating to
fitness for purpose, merchantability or condition of the
Goods, whether implied by Statute, Common Law or otherwise
are excluded and the Buyer is satisfied as to the
suitability of the Goods for the Buyer’s purpose. |
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5.2 |
While every effort is made to ensure that
the product specifications on this web site are accurate,
manufacturers do add and remove functionality in their
products as the software is developed. Inevitably there will
be a delay before the product descriptions are updated
reflecting these changes. It is highly recommended that an
evaluation of the chosen product(s) is carried out to ensure
that it meets your functional requirements prior to
purchase. |
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6.
Delivery |
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6.1 |
Products supplied within the UK as
hardcopy will normally be delivered within 5 working days of
receipt of order. |
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6.2 |
Where a specific delivery date has been
agreed, and if this delivery date cannot be met the Buyer
will be given the option to agree a new delivery date or
receive a full refund. |
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6.3 |
Whilst every reasonable effort shall be
made to keep any delivery date, time of delivery shall not
be of the essence and the Seller shall not be liable for any
losses, costs, damages or expenses incurred by the Buyer or
any other person or Company arising directly or indirectly
out of any failure to meet any estimated delivery date. |
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6.4 |
Delivery of the Goods shall be made to the
Buyer’s address and the Buyer shall make all arrangements
necessary to take delivery of the Goods whenever they are
tendered for delivery. |
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7.
Ownership and Risk |
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7.1 |
The risk in Goods shall pass to the Buyer
upon delivery of the Goods or upon the Goods being
appropriated to the Buyer but kept at the Seller’s premises
at the Buyer’s request. |
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7.2 |
The Seller remains the owner of the Goods
affected by the Contract until the Seller has been paid in
full for such Goods. |
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7.3 |
The Buyer shall inspect the Goods
immediately upon receipt and shall notify the Seller within
a reasonable time of delivery if the Goods are damaged or do
not comply with any of the Contract. If the Buyer fails to
do this he is deemed to have accepted the Goods. |
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7.4 |
Any Goods in respect of which any claim of
defect or damage is made shall be preserved by the Buyer
intact together with the original packing at the Buyer’s
risk and either |
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8.
Cancellation and Returns |
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8.1 |
If it is agreed that the goods are to be
returned :- |
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8.2 |
If for any reason you are unhappy with a book or book set
purchased from Russian Motorcycle Manuals, you can return it
to the Seller in its original condition within 5 days of the
date you received it, and a full refund for the price you
paid for the book excluding original postage, packing and
carriage charges. I reserve the right to refuse returns or
to charge you our fees and expenses if the product is
received otherwise than in accordance with this requirement. |
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9.
Force Majeure |
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In the event that the Seller is prevented
from carrying out its obligations under a contract for sale
as a result of any cause beyond its control such as but not
limited to Acts of God, War, Strikes, Lock-outs, Flood and
Failure of third parties to deliver goods, the Seller shall
be relieved of its obligations and liabilities under such
contract for sale for as long as such fulfilment is
prevented. |
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10.
No Waiver |
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10.1 |
The Seller’s failure to insist upon strict
performance of any provision of these Conditions shall not
be deemed to be a waiver of its rights or remedies in
respect of any present or future default of the Buyer in
performance or compliance with any of these conditions. |
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11.
Liability |
11.1 |
Except as may be implied by law where the
Buyer is dealing as a consumer, in the event of any breach
of these Conditions by the Seller the remedies of the Buyer
shall be limited to damages which shall in no circumstances
exceed the price of the Goods and the Seller shall under no
circumstances be liable for any indirect, incidental or
consequential damage. |
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12.
Complaints |
12.1 |
If you have a complaint about our service
or any goods or services you purchase from Russian
Motorcycle Manuals then please
contact us immediately. You will be contacted as
soon as possible and definitely within 24 hours of our
hearing from you and aim to provide a resolution within 5
working days. |
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12.2 |
All complaints will be dealt with in a
fair and confidential manner. |
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13.
Misc |
13.1 |
Any contracts shall in all respects be
construed and operate as an English contract and in
conformity with English law. |
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13.2 |
If any part of these terms and conditions
that is not fundamental is found to be illegal or
unenforceable, such finding will not affect the validity or
enforceability of the remainder of these terms and
conditions. |