 1 ORDERING PRODUCTS
1.1 If you order products from our website we will send you an email
confirming receipt of your order. Your order is an offer from you to us
to purchase the goods. We accept that offer when we send you an email
confirming that we have sent the goods to you.
1.2 If you order more than one product and we have not confirmed
dispatch of all the products in your order status then those products
not listed do not form part of our contract with you.
1.3 All orders placed by you are subject to these terms and conditions.
You must be over 18 to place an order via our website.
1.4 We only deliver products within mainland UK and the Isle of Wight.
1.5 Illustrations photographs weights dimensions and descriptions on our
website are intended as a general guide to products and do not form part
of our contract with you. Products may vary slightly in appearance from
those depicted on the website.
2 PRICES
2.1 The prices payable for products are shown on the website.
2.2 Our prices are inclusive of VAT.
2.3 If the price of a product is incorrectly shown and is higher than
stated on our website we will either send you an email informing you of
the new price and asking you if you want to proceed with your order or
we will cancel the order and inform you.
2.4 If the price of a product is lower than stated on our website we
will send you the product and charge you the lower price.
2.5 We may make an additional charge for delivery costs and this will be
shown separately in the checkout before you enter your details for
payment.
3 PAYMENT
3.1 We accept payment by credit and debit card. We will not dispatch a
product until we have received payment from you. We cannot guarantee
when any item will be despatched.
3.2 If for any reason payment is refused after we have dispatched the
product we will have the right to request the payment from you or
recover the products from you and charge you for our costs in recovering
the goods or seeking further payment.
4 DELIVERY
4.1 Items will be despatched as soon as we have them in stock and
payment has been received and in any event within 30 days of your order.
4.2 Deliveries will be made between 08.30 and 18.00 Monday to Saturday
4.3 If we arrange for delivery at a specific time and we are then not
able to make the delivery because you are not present to accept the
products then we may charge you for the costs of the failed delivery.
4.4 If delivery of the products is made to building or construction site
we will only be obliged to deliver to the nearest safe location to the
site.
4.5 Once we have delivered the products then you are responsible for
their insurance and security.
5 IF YOU CHANGE YOUR MIND
5.1 By law you have the right to cancel your contract before you receive
the product or return any product to us within 7 days of receiving it
provided it is unused, undamaged and in its original packaging.
5.2 If you want to cancel before your order is dispatched please notify
us by email method. If your order has already been processed for
dispatch we may not be able to prevent it being sent to you. You should
not unpack it when it arrives and you must use our returns policy to
return it.
5.3 If you have already received the product from us and wish to return
it please follow our returns policy set out below. We will refund the
price of the product provided you notify us within 7 days of receipt and
the product is unused, undamaged and in its original packaging
6 IF A PRODUCT IS DAMAGED OR FAULTY
6.1 Please keep all the warranty information that comes with your
product as it may be needed if it develops a fault.
6.2 If any product develops a fault within the warranty period given by
the manufacturer you can either contact the manufacturer directly or
return it to us for repair replacement or refund.
6.3 If you want to return a product to us because it was damaged when
delivered or is faulty please use our returns policy. If you want a
refund not a repair we will refund you the price and the delivery costs
and the cost of returning it to us. Please send us a receipt for the
return postage costs
6.4 We will inspect all products returned to us as faulty. If we
discover that they are not faulty we may recharge you for the product
and the costs incurred by us.
7 IF WE HAVE SENT YOU THE WRONG PRODUCT
7.1 If we send you a product that you have not ordered please use our
returns policy . If you return it to us we will refund the price and the
original delivery costs and the cost of returning it to us.
8 RETURNS POLICY
8.1 If you want to return a product please contact Gold Rush Spares
first.
8.2 We advise you to return products by a secure postal method and
obtain a receipt as proof of returning it to us.
8.3 If you want us to collect a product please contact us and we will
arrange to collect it. We will deduct the cost of collecting it from the
refund we give you
8.4 If you do not use the returns number on all correspondence it may
delay our response to you.
9 CANCELLATION BY US
9.1 We can cancel the contract if:
9.1.1 we do not have sufficient stock to deliver the product you have
ordered; or
9.1.2 we do not deliver to your area; or
9.1.3 the price or description of the product is incorrect.
9.2 If we do cancel your contract we will notify you by email and refund
any sum paid by you to your credit or debit card. We will not be obliged
to offer any compensation for loss or disappointment suffered by you.
10 USE OF PRODUCTS
10.1 You agree only to use the products for their normal and proper use
and not to alter or modify or otherwise interfere with them
10.2 You agree to follow the manufacturers instructions supplied with
the products and not to use the products in a careless or negligent
manner
11 OUR LIABILITY
11.1 We will not be liable for any loss you suffer through failure to
use the products in a normal and proper manner or through altering or
modifying the products, failure to follow the manufacturers instructions
or using the products in a careless or negligent manner.
11.2 Our liability to you for death or personal injury caused by our
negligence is not limited.
11.3 Our liability to you other than for death or personal injury caused
by our negligence is limited to the cost or repair or replacement of the
product or refund of the price paid for the product.
11.4 We will not be responsible for:
11.4.1 any other loss you suffer through our failure to comply with the
terms of this contract. In particular we will not have any liability for
any loss that was not a reasonably foreseeable consequence of our
failure to comply with the contract such as any loss of profit,
opportunity or liability to any third party.
11.4.2 any failure to deliver products or delay due to any event or
circumstance beyond our reasonable control.
12 INVALIDITY
12.1 If any part of these terms and conditions is unenforceable
(including any provision in which we exclude our liability to you) the
enforceability of any other part of these conditions will not be
affected.
13 PRIVACY
13.1 You acknowledge and agree to be bound by the terms of our privacy
policy.
14 THIRD PARTY RIGHTS
14.1 Except for our affiliates, directors, employees or representatives,
a person who is not a party to this agreement has no right under the UK
Contracts (Rights of Third Parties) Act 1999 to enforce any term of this
agreement but this does not affect any right or remedy of a third party
that exists or is available apart from that Act.
15 GOVERNING LAW
15.1 The contract between us shall be governed by and interpreted in
accordance with English law and the English courts shall have
jurisdiction to resolve any disputes between us.
16 ENTIRE AGREEMENT
16.1 These terms and conditions, together with our current website
prices, delivery details, contact details and privacy policy, set out
the whole of our agreement relating to the supply of the goods to you by
us. Nothing said by any sales person on our behalf should be understood
as a variation of these terms and conditions or as an authorised
representation about the nature or quality of any goods offered for sale
by us. Save for fraud or fraudulent misrepresentation, we shall have no
liability for any such representation being untrue or misleading.
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