1 Formation of the contract
1.1 These terms of sale apply to all goods supplied by Averys Motorcycles Ltd, registered in England and Wales no. 6891354 ("Averys Motorcycles"). 1.2 No contract exists between you and Averys Motorcycles for the sale of any goods until Averys Motorcycles has received, accepted and despatched your order and sends you confirmation in writing or by email to the postal address or email address you have given. Once Averys Motorcycles does so, there is a binding legal contract between us. 1.3 We reserve the right to refuse any order prior to acceptance by us and without reason. 1.4 The contract is subject to your right of cancellation (see below). 1.5 Averys Motorcycles may change these terms of sale without notice to you in relation to future sales.
2 Website liability
2.1 Within the realms of human limitation, Averys Motorcycles tries to ensure that this website is accurately maintained. 2.2 We accept no responsibility for any loss which may be construed to be as a result of relying on information contained within the site, or in respect of any omissions or errors contained within. 2.3 Averys Motorcycles gives no guarantee to the accuracy of any information contained within the site. If we are informed of any inaccuracies or errors in site material, we will correct the inaccuracies or errors as soon as possible. 2.4 To the extent allowed by law, by using this site you agree that Averys Motorcycles will not be liable to you or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to this site or your use of it.
3 Description and price of the goods
3.1 The description and price of the goods you order will be as shown in Averys Motorcycles‘s website at the time you place your order. The price of “goods” does not include packaging, delivery or insurance charges. 3.2 The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, Averys Motorcycles will inform you as soon as possible and refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods if the delay is unacceptable whilst we obtain new stock from our supplier. 3.3 Every effort is made to ensure that prices shown in Averys Motorcycles‘s website are accurate at the time you place your order. If Averys Motorcycles discovers a pricing error between your order being placed and your order being despatched, Averys Motorcycles reserves the right to remove the product from sale and to refuse or cancel any order for that item. In such circumstances, Averys Motorcycles will inform you accordingly. You may be offered the option of reconfirming your order at the correct price or cancelling your order. If you cancel, Averys Motorcycles will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods. 3.4 In addition to the price, you will be required to pay a delivery charge for the goods, as shown in Averys Motorcycles‘s website section about delivery. 3.5 Where prices are shown in Euros, this is a guide price. All transactions are processed in GBP Sterling and there may be a difference on the day of the transaction due to exchange rates at the time. 3.6 Product images are displayed within the limitations of digital reproduction. Exact product colour representation cannot therefore be guaranteed.
4.1 Payment for the goods and delivery charges can be made by any method shown in Averys Motorcycles‘s website at the time you place your order. 4.2 Goods will not be shipped until paid for in full.
5 Shipping Costs
5.1 Link to UK Shipping Rates 5.2 Link to International Shipping Rates 5.3 Averys Motorcycles‘s postage costs vary depending according to the size and weight of the order, its destination and the type of postal service requested. However, we are proud to announce the inclusion of a Shipping Calculator in Step 1 of the Checkout process, a quick and easy way of calculating your costs without having to enter any personal details. 5.4 Our UK shipping costs are based on standard UK postal charges with, but not restricted to, Royal Mail and Parcel Force. Our International Rates are based on Royal Mail International Signed For Small Packages and Parcel Force Euro Priority Business, in both cases by Airmal. We reserve the right to use other couriers at no extra cost if beneficial to ourselves or to you. 5.5 There are free-shipping offers on some products for orders not exceeding 10Kg in weight and delivered within the UK mainland only. You will have the option of upgrading the standard postal service during the checkout procedure. Shipping costs for multi-product orders including both free-shipping and non-free shipping items are based on the total order weight. It may therefore be cheaper for you to order free-shipping products separately. 5.6 Delivery/postage costs are per order.
6.1 Averys Motorcycles will endeavour to despatch your order to you as soon as it can. Despatch times vary according to product type and product availability. Items are normally despatched within 2 to 3 working days (not inc Weekends & Bank holidays). 6.2 If it is not possible to despatch within 7 working days from order placement, Averys Motorcycles will endeavour to inform you as soon as is reasonably practicable, but in any case within that period. 6.3 If you have special delivery instructions please advise our sales team and/or pass comment in the relevant fields during the checkout process. Deliveries can be made to the billing address, a work address or an alternative address if required.
7.1 For UK Mainland addresses, Averys Motorcycles offer several postal services including but not limited to Royal Mail 2nd Class, Royal Mail 1st Class, 48-hour courier service (normally DPD) and upon request a 24-hour courier service (normally DPD24). Other courier services may be used if deemed more appropriate and we reserve the right to upgrade your desired postal service free of charge without prior notification. 2nd Class postage to UK normally takes up to 5 working days to deliver and 1st Class UK deliveries normally take 1 to 3 working days to deliver. 7.2 For non-UK and Eire addresses, we only offer a standard delivery service, normally taking up to 10 working days for EU delivery, longer for outside the EU. UK-bound goods are normally delivered within 7 working days of the order placement. However, please allow up to 10 working days for delivery in case of busy periods or stock availability. 7.3 As the postal services we offer are not under our direct control, we are unable to guarantee the above stated estimated delivery times. Every effort will be made to deliver the goods as soon as possible after your order has been accepted and in any event within 30 days of your order. However, Averys Motorcycles will not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery. In this case, Averys Motorcycles will inform you as soon as possible. 7.4 Goods will be delivered to the shipping address you give when you place your order. If there is no-one at the given shipping address who is competent to accept delivery of the goods, you will be notified of an alternative delivery date or a place to collect the goods. 7.5 If delivery cannot be made to the given shipping address, Averys Motorcycles will inform you as soon as possible and refund or re-credit you for any sum that has been paid by you or debited from your credit card for delivery. Refund for delivery costs will only occur after we receive the return of goods. 7.6 The responsibility for the goods remains with Averys Motorcycles until you have received them. You will become the owner of the goods you ordered and responsible for risk of loss of or damage to them once they have been delivered to you. 7.7 If you have any queries with regards to your delivery please contact Averys Motorcycles, quoting your name, address and order number by email to firstname.lastname@example.org or by telephoning 01726432745. If we are unable to take your call, please leave the above details and a contact number and we will get back to you as soon as possible.
8 Delivery Acceptance
8.1 All goods should be thoroughly inspected before accepting delivery. The correct number of packages should be signed for at the time of delivery, as shortages cannot immediately be rectified. 8.2 Any goods found to be damaged or faulty on delivery should be notified to Averys Motorcycles immediately. 8.3 You should report any shortage to us within 48 hours of the delivery date.
9 Your right of cancellation
9.1 You have the right to cancel the contract at any time up to the end of seven working days after you receive the goods (see below). A working day is any day other than weekends and bank or other public holidays. 9.2 To exercise your right of cancellation, you must give written notice to Averys Motorcycles by hand, post or email at the address or email address shown below, giving details of the goods ordered and (where appropriate) their delivery. 9.3 If you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to Averys Motorcycles at your own cost. The goods must be returned to the address shown below. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit. 9.4 Once you have notified Averys Motorcycles that you are cancelling the contract, Averys Motorcycles will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods. 9.5 If you do not return the goods as required, Averys Motorcycles may charge you a sum not exceeding the direct costs of recovering the goods. 9.6 You do not have the right to cancel the contract if the order is for motorcycle helmets, or for goods which by their nature cannot be returned or are liable to deteriorate or expire rapidly. Averys Motorcycles will notify you at the time your order is accepted if this applies.
10 Returns & exchanges
10.1 We hope you will be delighted with your purchase. Should you wish to return any item/s within 7 working days of receiving your order for refund or exchange, please comply with the following procedure: 10.2 The item/s to be returned must be unused, in ‘as new’ condition and within their undamaged original packaging with labels and tags attached. Averys Motorcycles is unable to accept items where there is evidence that items have been used or damaged. 10.3 Please carefully parcel up your return in the original packaging and enclose a copy of your invoice. This is important as if you do not enclose the invoice Averys Motorcycles will not be able to process a refund or exchange as it will not be able to identify you. 10.4 Goods returned from outside the EU must have the following legibly written on the packaging and the customs declaration. 'MAIL ORDER GOODS RETURNED FOR EXCHANGE - DO NOT CHARGE DUTY'. You must also enclose a note stating the reason for return, otherwise Averys Motorcycles will be liable for duty charges as an importer. Any import duty charged to Averys Motorcycles on returned goods will be deducted from any refund or applied as an additional charge if you fail to comply with the above instructions. 10.5 Please post your returns parcel to the Welsh address shown at the bottom of this page. 10.6 Please obtain a ‘proof of posting’ receipt. You should keep your ‘proof of posting’ receipt in a safe place as Averys Motorcycles will not be responsible for returned items that are lost in the post unless you have this. 10.7 On receipt of the returned item(s) Averys Motorcycles will either exchange (if you have requested an exchange and Averys Motorcycles has the appropriate item in stock) or refund the purchase price to the payment card used to pay for the original order (or alternative method if a card was not used, e.g. PayPal). 10.8 Returns from non-UK destinations will be liable for any handling or brokerage surcharges/charges levied by the carrier, should they arise. Averys Motorcycles will charge the credit/debit card used for the original transaction or deduct it from the refund as appropriate. 10.9 The cost of shipping replacement goods back to you will be charged at the cost price levied to Averys Motorcycles. 10.10 As per the Distance Selling Regulations, any returns within 7 days from within the UK will be refunded the full amount paid for the merchandise within 30 days. 10.11 Returns made after 7 days will be subject to Averys Motorcycles’s approval and may incur a 20% restocking charge. There will be no restocking charge for the return of faulty goods. For non-faulty returned merchandise initially despatched with free P&P and where an exchange is not required, the initial postage and packaging charge incurred by Averys Motorcycles will be levied and deducted from your refund. This is in addition to any restocking charge. 10.12 Any undamaged goods returned as 'delivery refused by recipient' may, at Averys Motorcycles’s discretion, require another delivery fee or be subject to a 20% re-stocking charge. 10.13 In the event of an alleged claim that goods have failed to arrive within the specified delivery period, you should inform us in writing at the earliest opportunity. Although Averys Motorcycles will always respond as expediently as possible, it reserves the right to act within the Law and defer the refund for a period not exceeding 30 days. This is to allow time to investigate the alleged loss, which long term protects consumers from indirectly incurring the costs of fraudulent claims. Your understanding and co-operation in these matters will be appreciated. Refunds will usually be made unless Averys Motorcycles are able to prove delivery. 10.14 This returns procedure is in addition to your statutory rights and does not affect your right to cancel the contract within 7 days under the Consumer Protection (Distance Selling) Regulations 2000. If you wish, you may notify Averys Motorcycles by email to email@example.com, advising that you wish to cancel your contract before the end of the statutory cancellation period (7 days from the day after you receive the Goods). You must then return the goods to Averys Motorcycles along with a copy of the invoice, as described above. 10.15 All sizing advice provided by Averys Motorcycles, whether given online or verbally, is given in good faith and should only be treated as a guide. It's extremely difficult to match customers to off-the-peg garments with any degree of accuracy without first trying them on. It is the customer’s responsibility to establish the correct size prior to ordering. Any returns due to incorrect size shall be subject to our returns policy and potential additional charges. 10.16 Crash helmets in particular can be problematic when purchased blind online, by telephone or by mail order. Sizing is extremely subjective and varies between brands and sometimes even between models within the same brand. Consequently, Averys Motorcycles can only supply helmets on a non-returnable basis and strongly advises you to try on and establish your correct size of the helmet model in question. Averys Motorcycles has its own shop premises where you can come and do this. Please phone in advance to arrange an appointment and to ensure we have your preferred choice in stock.
11.1 All goods supplied by Averys Motorcycles are warranted free from defects for 12 months from the date of supply. This warranty does not affect your statutory rights as a consumer. 11.2 This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by Averys Motorcycles and/or its manufacturer, failure to follow Averys Motorcycles‘s and/or its manufacturer’s instructions, or any alteration or repair carried out without Averys Motorcycles‘s and/or its manufacturer’s approval. 11.3 If the goods supplied to you develop a defect while under warranty, or you have any other complaint about the goods, you should notify Averys Motorcycles in writing at the address or email address shown below. 11.4 Averys Motorcycles can assume no responsibility for use or application by the user. 11.5 Warranties only cover goods supplied and do not cover consequential loss, damage, expenses or any injury resulting from improperly fitted parts or not installing in accordance to manufacturers instructions. 11.6 Refunds or replacement of faulty goods (which we should be informed of immediately) will only be carried out on return of faulty goods. 11.7 Whilst items of safety equipment are designed to help physically protect you in the event of an accident, no warranty of these protective qualities is offered or inferred. Please understand that although good quality riding equipment should enhance your level of safety if used and worn correctly, it does not make you indestructible; ride within your limits and consider climatic conditions and other road users.
12 Data protection
12.1 Averys Motorcycles will take all reasonable precautions to keep the details of your order and payment secure, but unless Averys Motorcycles is negligent, Averys Motorcycles will not be liable for unauthorised access to information supplied by you. 12.2 Averys Motorcycles‘s online ordering system uses 128-bit Secure Socket Layer (SSL) encryption technology to protect your credit card details and personal information when they are sent to our server during the checkout process. They are only decrypted after they reach our computer. They are not held in clear text on any web site. 12.3 Averys Motorcycles will only use the information you provide about yourself for the purpose of fulfilling your order, unless you agree otherwise. Your contact details, including email address, will not be shared, sold, or rented without specific prior permission from you. 12.4 Averys Motorcycles would like to use your details to occasionally notify you of our own sales and new products on this website and any other website we operate, and we will never release your details to third parties. If you wish to receive such information, please tick the relevant box on the checkout page. You can correct any information about you, or ask for information about you to be deleted, by giving written notice to Averys Motorcycles at the address or email address shown below.
13 Applicable law
13.1 Your use of this website and these terms of sale and the supply of the goods will be subject to English law and the English courts will have exclusive jurisdiction in respect of any dispute arising from the contract. 13.2 If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction, such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been agreed with the invalid, illegal or unenforceable provision eliminated.