Terms & Conditions
Access to the Site
Before buying any of our Products, you will need to:
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Log in to an existing user account (“Account”) providing your email address and password. This is done during the Checkout process of the site (“Checkout”).
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Register for a new user account (“Account”) by registering online during the Checkout process of the site (“Checkout”). If you choose to register with us, you will be asked to provide personal details including shipping address, postal address, and payment details.
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You may opt to purchase online without registering. This option is also available during the Checkout process of the site (“Checkout”) and requires only a billing address, postal address, and payment details.
Note: You (‘The customer’) are responsible for the security of your Account details (including any login details). Nothing contained in these Terms may be construed to convey to you any interest or title in the Account.
Although we will use all reasonable endeavours to provide you with access to our Website for so long as these Terms are in force, we make no promise that our Website will meet your requirements or is fault-free. If a fault or error does occur, please report it to us by email, and we will attempt to correct the fault as soon as we reasonably can. We may have to temporarily suspend the whole or any part of the Website to allow for repairs, maintenance, or the introduction of new content or facilities. We will restore our Website after suspension as soon as we reasonably can.
Ordering
You can order Products from us on our Website by completing the online order form at the Checkout. To provide our customers with the best possible service, we will then send you an automatic email to acknowledge receipt of your order. However, the acknowledgement does not constitute acceptance of your order, which will take place only on dispatch of that order. Please note Products will not be dispatched until funds are cleared. Although we aim to dispatch Products in one consignment, sometimes this is not possible, and we may need to dispatch Products separately. If so, our acceptance of the order in respect of each Product takes place when that Product is dispatched.
Ordering from Abroad and Import Duties
You can make an overseas order on our website. Please help us and our delivery companies by taking extra care with the address details to ensure they are correct. Please note that your goods may be subject to import duties and taxes, which will be levied when the order reaches the delivery address. You are responsible for the payment of any such import duties and taxes. The Moto Pro has no control over these charges and cannot predict their amount. For further information, please contact your local customs office before placing your order. Failure to pay these charges will result in your parcel being returned, and a 25% restocking fee (of the original invoice value) will be applied to your order.
If your delivery is for a large quantity of goods, simonandlisathomas.com and the brands contained on the website reserves the right to contact you and inform you of any additional shipping costs, at which time you may either pay the extra amount for the delivery service or cancel your order.
Please also note that you must comply with all applicable laws and regulations of the country for which the goods are destined. The Moto Pro will not be liable for any breach by you of any such laws.
Prices
Full details of prices are given in the Products section of our Website. You are responsible for the payment of all taxes and duties in your local jurisdiction.
The price of the Product does not include the delivery charge, which will be displayed at the Checkout.
Product and price information are both subject to change. If you make payment in a currency different from the currency of your bank or credit card statements, please note that the price quoted may differ slightly from that charged to you due to currency fluctuations. We may need to review our prices if the cost to us of delivering the Products to you or if the cost of any resources or materials used by us changes, and such change is beyond our reasonable control.
Payment
Details on how to pay are set out in the Payment section on our Website. You agree that we may take commercially reasonable actions to validate your payment and account details. We will not dispatch the Product to you until we receive payment.
Personal Information
All use of your personal information will be in accordance with our Privacy Policy. Our Privacy Policy does not apply to any websites accessible via our Website that are operated by third parties.
Liability
Our Website is provided without any warranties or guarantees. You must bear the risks associated with the use of the Internet. The services provided by this Website are provided on an “as is” and “as available” basis. We are not responsible to you if we are unable to provide the Website or any Products for any reason beyond our control.
Our Website may provide content from other Internet sites or resources, and while we try to ensure that material included on our Website is correct, reputable, and of high quality, we cannot accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with our Website. If we are informed of any inaccuracies in the material on the Website, we will attempt to correct the inaccuracies as soon as we reasonably can.
Your exclusive remedy, so far as permitted by your local laws, (in respect of any claim for breach of contract, negligence, or otherwise) in relation to the Products shall be limited to the replacement of the relevant Product or a refund of the amount you have paid to us for the Product. Your statutory rights are not affected.
Neither you nor simonandlisathomas.com will be responsible for any losses that the other suffers as a result of a breach of these Terms except those losses which are a foreseeable consequence of the breach. Neither party will be responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by The Moto Pro and you (such as loss of profits or loss of data).
Returns Policy (Non-Faulty Goods)
Returns for non-faulty goods must be pre-authorised (if not pre-authorised, the return will be rejected). Goods may only be returned directly to us if they were purchased directly from us (the customer must prove this if necessary). Otherwise, they should be returned to the original vendor.
Goods must be RECEIVED in resalable condition, in the opinion of simonandlisathomas.com. We recommend that all parcels are sent back to simonandlisathomas.com via trackable means by reputable carriers. Goods must be returned within 7 DAYS of receipt. After this period, a handling fee of 25% of the original invoice value WILL BE CHARGED. Items received in a non-resalable condition will result in no refund being given.
The customer must pay any and all carriage charges. No returns of discontinued products are accepted, unless within 14 days of purchase.
This policy does not affect your statutory rights and does not refer to faulty goods.
General
You may not assign, otherwise, or transfer any of your rights or benefits under these Terms.
An electronic communication appearing to be from the email address you supply to us establishes you as its originator and has the same effect as a document with your written signature on it. A copy of an electronic communication made by reliable means is considered to have the same validity as the original electronic communication.
If you breach these Terms and we ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms.
If any part of these Terms is found to be invalid by any court with competent jurisdiction, the invalidity of that provision shall not affect the other provisions of these Terms, which shall remain in full force and effect. No waiver of any provision of these Terms shall be effective unless it is made in writing.
Neither party will be considered liable for any delay or failure to perform its obligations under these Terms to the extent that such delay or failure is due to any cause or circumstance beyond that party’s reasonable control and that failure or delay could not have been prevented or overcome by that party acting reasonably and prudently.
These terms shall be governed by and interpreted in accordance with English law, and the parties submit to the non-exclusive jurisdiction of the English courts in relation to any disputes arising out of or in connection with these Terms.
It is not intended that a third party should have a right to enforce a provision of these Terms pursuant to the Contracts (Rights of Third Parties) Act 1999.