Terms & conditions

Background:
These terms and conditions do not affect your statutory rights.  To order goods through this website you must be at least 17 years of age and accept delivery within the UK or Eire.  We will treat each order for goods as an offer by you to purchase the goods subject to these terms and conditions.  The use of this site indicates your acceptance of these terms and conditions. The placement of an order indicates your acceptance of these terms and conditions. Please read them carefully and print a copy for future reference.  Prices on the web are exclusive for web orders only, recommended prices may differ. This agreement applies as between you, the User of this Web Site and Aktiv Performance the owner(s) of this Web Site.  Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these Terms and Conditions, you should stop using the Web Site immediately. No part of this Web Site is intended to constitute a contractual offer capable of acceptance.  Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.

Description of Goods
All the performance exhausts we sell are of a technical nature and it is not practical to publish detailed specifications of all the products. All images, descriptive matter, specifications and advertising on our site are for the sole purpose of giving an approximate description of the goods. All products are subject to upgrade or change at the manufacturer’s discretion. We will supply the product(s) as supplied to us by the manufacturer.
All product specifications, images and other information published on our website have either been made accessible by suppliers, manufacturer's, publications, publicists, or been gathered from public-domain sources. The intention of Sportex Direct is that all information on the website should be as accurate and up to date as possible. However, Sportex Direct cannot guarantee the reliability or the accuracy of the information contained within its pages. All the actions taken by the user of the website are the responsibility of the individual.

1. Definitions and Interpretation 
In this Agreement the following terms shall have the following meanings: 
“Account” means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Web Site;
 “Carrier” means any third party responsible for transporting purchased Goods from our Premises to customers;
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
“Goods” means any products that Sportex Direct advertises and / or makes available for sale through this Web Site;
“Service” means collectively any online facilities, tools, services or information that Sportex Direct makes available through the Web Site either now or in the future;
“Payment Information” means any details required for the purchase of Goods from this Web Site.  This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
“Purchase Information” means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;
“System” means any online communications infrastructure that Sportex Direct makes available through the Web Site either now or in the future.  This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users” means any third party that accesses the Web Site and is not employed by Sportex Direct and acting in the course of their employment.
“Web Site” means the website that you are currently using (www.SportexDirect.co.uk) and any sub-domains of this site unless expressly excluded by their own terms and conditions.

2. Age Restrictions
Persons under the age of 17 should use this Web Site only with the supervision of an Adult.  Payment Information must be provided by or with the permission of an Adult.

3. Business Customers
These Terms and Conditions do not apply to customers buying Goods in the course of business.

4. International Customers
If Goods are being ordered from outside Sportex Direct’s country of residence, import duties and taxes may be incurred once your Goods reach their destination.  Sportex Direct is not responsible for these charges and we undertake to make no calculations or estimates in this regard.  If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures.  As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported.  Please be aware that Goods may be inspected on arrival at port for customs purposes and Sportex Direct cannot guarantee that the packaging of your Goods will be free of signs of tampering.

5. Intellectual Property
5.1  Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Sportex Direct, our affiliates or other relevant third parties.  By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
5.2 Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Sportex Direct.

6. Third Party Intellectual Property
6.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
6.2 Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by the relevant manufacturer or supplier.

7. Fair Use of Intellectual Property
Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

8. Links to Other Web Sites
This Web Site may contain links to other sites.  Unless expressly stated, these sites are not under the control of Sportex Direct or that of our affiliates.  We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them.  The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.

9.  Links to this Web Site
Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site www.Sportex Direct with prior permission.  Deep linking (i.e. links to specific pages within the site) requires the express permission of Sportex Direct.  To find out more please contact us by email at performance.sales@ntlworld.com

10. Use of Communications Facilities
10.1 When using the enquiry form or any other System on the Web Site you should do so in accordance with the following rules:
10.1.1 You must not use obscene or vulgar language;
10.1.2 You must not submit Content that is unlawful or otherwise objectionable.  This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
10.1.3 You must not submit Content that is intended to promote or incite violence;
10.1.4 It is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other languages;
10.1.5 The means by which you identify yourself must not violate these terms of use or any applicable laws;
10.1.6      You must not impersonate other people, particularly employees and representatives of Sportex Direct or our affiliates; and
10.1.7 You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
10.2 You acknowledge that Sportex Direct reserves the right to monitor any and all communications made to us or using our System.

11. Accounts
11.1 In order to purchase Goods on this Web Site you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Web Site as we may not require payment information until you wish to make a purchase.  By continuing to use this Web Site you represent and warrant that:
11.1.1 All information you submit is accurate and truthful;
11.1.2 You have permission to submit Payment Information where permission may be required; and
11.1.3 You will keep this information accurate and up-to-date.
Your creation of an Account is further affirmation of your representation and warranty.
11.2 It is recommended that you do not share your Account details, particularly your username and password. Sportex Direct accepts no liability for any losses or damages incurred as a result of your Account details being shared by you.  If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
11.3 If you have reason to believe that your Account details have been obtained by another without consent, you should contact Sportex Direct immediately to suspend your Account and cancel any unauthorised purchases that may be pending.  Please be aware that purchases can only be cancelled until they are dispatched.  In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, Sportex Direct accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.
11.4 When choosing your username you are required to adhere to the terms set out above in Clause 10.  Any failure to do so could result in the suspension and/or deletion of your Account.

12. Termination and Cancellation
12.1 Either Sportex Direct or you may terminate your Account.  If Sportex Direct terminates your Account, you will be notified by email and an explanation for the termination will be provided.  Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
12.2 If Sportex Direct terminates your Account, any current or pending purchases on your Account will be cancelled and will not be dispatched.
12.3 Sportex Direct reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.
12.4If purchases are cancelled for any reason prior to dispatch you will be refunded any monies paid in relation to those purchases.
12.5 If you terminate your Account any non-dispatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases.

13.  Goods, Pricing and Availability
13.1 Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from Sportex Direct correspond to the actual Goods, Sportex Direct is not responsible for any variations from these descriptions.  This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether.  Please refer to Clause 15.1 for incorrect Goods.
13.2 Where appropriate, you may be required to select the required [engine size] [car model] [year of manufacture] [registration number] [other features] to ensure that the Goods that you are purchasing are suitable.
13.3 Sportex Direct does not represent or warrant that such Goods will be available.  Stock indications are provided on the Web Site, however, these may not take into account sales that have taken place during your visit to the website.
13.4 All pricing information on the Web Site is correct at the time of going online. Sportex Direct reserves the right to change prices and alter or remove any special offers from time to time and as necessary.
13.5 In the event that prices are changed during the period between an order being placed for Goods and Sportex Direct processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;
13.6 All prices on the Web Site do include VAT. VAT number is GB939070803.

14. Delivery
14.1 Sportex Direct will notify you by way of email when your goods are to be dispatched to you.  The message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Goods purchased by you.
14.2 If Sportex Direct receives no communication from you, within 7 days of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems.

15. Returns Policy
Sportex Direct aims to always provide high quality Goods that are fault free and undamaged.  On occasion however, goods may need to be returned. You will be responsible for the return of the goods and any costs incurred for the return. Incorrect or faulty products are returnable for credit or replacement at our discretion. Goods are not supplied on a trial basis; all exhausts are custom made on order to the buyer’s specification. Check compatibility with us if not sure of fitment prior to purchase. This does not affect your statutory rights as a consumer. Unwanted items will incur 15% restocking fee plus applicable delivery charges. Goods received back damaged or in any condition other than saleable, will be returned to you and the cost of return carriage charged to your account. It is your responsibility to return any such items in a pristine saleable condition in their original packaging. Prior to returning any products for any reason, please contact us within 2 days from the date of delivery for Returns Authorisation Number (RAN). Goods will not be accepted without Returns Authorisation Number (RAN). If you do not return goods within 3 days after requesting RAN, your right to cancel will be revoked. The cancellation must be put into writing and received within the 2-day period

16. Privacy
Use of the Web Site is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference.  We are committed to protecting your privacy. We will only use the information that we collect about you lawfully in accordance with the Data Protection Act 1998.
We collect information about you for 2 reasons: To process your order. To provide you with the best possible service.
The type of information collected, for the purposes of processing your order are:Your name, Address, Phone Number, Email Address, Credit/ Debit card details. We will not pass your e-mail address to other trusted traders unless you agree. We will never collect sensitive information about you without your consent. You can check the information that we hold about you by emailing us. If you find any inaccuracies we will correct it promptly or delete it. The personal information which we hold will be held securely in accordance with our internal security policy and the law. If do not wish to receive any emails please let us know.

17. Disclaimers
17.1 Sportex Direct makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
17.2 No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
17.3 No part of this Web Site is intended to constitute a contractual offer capable of acceptance.

18. Changes to the Service and these Terms and Conditions
Sportex Direct reserves the right to change the Web Site, its Content or these Terms and Conditions at any time.  You will be bound by any changes to the Terms and Conditions from the first time you use the Web Site following the changes.  If Sportex Direct is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

19. Availability of the Web Site
The Service is provided “as is” and on an “as available” basis.  We give no warranty that the Service will be free of defects and / or faults.  To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Sportex Direct accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship

20. Limitation of Liability
20.1 To the maximum extent permitted by law, Sportex Direct accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
20.2 Nothing in these Terms and Conditions excludes or restricts Sportex Direct’s liability for death or personal injury resulting from any negligence or fraud on the part of Sportex Direct.
20.3 Nothing in these Terms and Conditions excludes or restricts Sportex Direct’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Web Site.
20.4 Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions.  This term shall apply only within jurisdictions where a particular term is illegal.

21. No Waiver In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

22. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

23. Notices All notices / communications shall be given to us by email to performance.sales@ntlworld.com.  if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

24. Law and Jurisdiction
These terms and conditions and the relationship between you and Sportex Direct shall be governed by and construed in accordance with the Law of England and Wales and Sportex Direct and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.

 

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