Shipping & Returns

Delivery

Where goods are not shown as "Ex stock" or with a specific delivery time, e.g. 2/3 days, they may need to be specially ordered. In such instances the time for delivery shall not be of the essence of the contract. Speed Culture shall not be liable for any loss or damage whether arising directly or indirectly from delay in delivery.
Delivery of the Goods shall take place:-

  • when they are loaded off the vehicle or other transport at the address specified by the buyer.
  • where the buyer undertakes to collect the goods, when the are loaded on the buyers vehicle or transport.

Shipping/ Handling and Returns Policy

The Sale Of Goods Act 1979 states that where goods are delivered to the buyer who has not previously examined them,they are not deemed to have accepted the goods until they have had a reasonable oppertunity to examine them to ascertain their conformity.Where defects in goods become apparent within 6 months of delivery,and the consumer ask for a repair,replacement price reduction or refund,the law presumes that the goods were faulty at the time of delivery unless the trader can prove otherwise.

Terms are considsred unfair where they have the effect of limiting the trader's liability for defective goods by failing to allow consumers reasonable oppertunities to examine the goods.In particular by law misleading them into thinking that by signing an acceptance note they have given up the right to reject goods which dont conform to the contract,by requiring consumers to comply with detailed returns policies before returning defective goods,and by insisting that defects are reported within a very short time period.What is considered 'reasonable' depends on the facts of the case and varies depending on the goods themselves.

Consumers are provided with an unconditional right to cancel a contract within 7 days of recieving the goods by the Consumer Protection (Distance Selling) Regulations 200 (DSRs). Tradersare legally obliged to refund all sums due in regulation to the contract as soon as possible after the consumer cancels,and within a maximum of 30 days.If consume has failed for breach of their statutory duty once the refund has been issued.

The European Court of justice recently decided that Distance Selling legislation obliges online retailers to refund the full cost of the contract to consumers.including the original cost of delivery(Handelscgesellschaft Heinrick GmBH v Verbreaucherzentrale Nordrhein-Westfalen).You cannot make a charge such as a restocking fee where consumers are exercising their statutory rights to cancel the contract within 7days or where there is a breach of contract.Traders may charge consumers a restockng/handling charge once the cancellation period provided under the DSRs has expired and they are allowing consumers to return unwanted goods.Any fee charged must reflect the actual costs incurred.

Unless otherwise agreed a consumer does not have ther right to cancel a contract under the DSRs for the supply of goods made to their own specifications or where they have been clearly personalised.This axception refers to goods made to order in accordance with the consumers specific requirements or where goods are clearly personalised.The exception does not apply to upgrade options e.g. choosing alloy wheels when buying a car,opting for add-on memory or coosing a combination of standard off the shelf components when ordering a PC. It also does not apply where a consumer request to order goods not usually kept in stock and are therefore orderd in.

As stated above;consumers are provided with an unconditional right to cancel a contract within 7 days of recieving the goods by the DSRs.Traders are legally obliged to refund all sums due to in relation to the cantract as soon as possible after consumer cancels, and within a maximum of 30 days issuing a refund cannot be delayed beyond the 30 day period.



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Pimp My Range, C/O Speed Culture, Alders Way, Yalberton Ind Estate, Paignton, Devon, TQ4 7QL, Sales@pimpmyrange.co.uk,01803 525750 phone
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