We, Deathproof Industries Ltd, operate the Deathproof.com website. We are a company registered in England and Wales under company number 11096842 with its registered office and main trading address at Syms Building, Bumpers Farm, Bumpers Way, Chippenham, Wiltshire, SN14 6LH
For the avoidance of doubt any reference to “us” “we” or “our” in these Terms refers to Deathproof Industries Ltd and any reference to “you” or “your” refers to the customer as a purchaser of the Deathproof products.
It is a condition of a user accessing and reading the Deathproof website (“the Website”) that Deathproof Industries Ltd disclaims all warranties in respect of the same whether express or implied in relation to the material published on the Website. Your statutory rights as a consumer are not affected.
These Terms will apply to any contract between us for the sale of products to yourself. Please read these Terms carefully and make sure that you understand them, before ordering any products from the Website. Before placing any order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any products from the Website.
We reserve the right to amend these Terms from time to time. Every time you wish to place an order you should check these Terms to ensure you understand the terms which will apply at that time.
2. CONTRACT FORMATION
All orders made by you through the Website are subject to acceptance and availability. We may choose not to accept your order for any reason.
Prices of products are correct at the time of entering information, however, we reserve the right to change prices without prior notice (although we will inform you if any such price change affects your order).
Only when Deathproof Industries Ltd accepts the Order by sending you a confirmation email that your order has been dispatched will a contract have been created between yourself and Deathproof Industries Ltd.
If you are an EU or UK consumer, you have the legal right, under the Consumer Protection (Distance Selling) Regulations of 2000 to cancel your order within fourteen (14) working days following receipt of the goods or the date on which we begun the provision of services. Refunds for orders cancelled under the provisions of the Consumer Protection (Distance Selling) Regulations will be processed in accordance with your legal rights.
Regional returns policies will apply, please see our Returns Policy for more information.
4. EMAIL MARKETING
Any material found within the pages of the Websites, including, but not limited to text or images are the property of Deathproof Industries Ltd and may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way except for your own personal non-commercial use. You hereby agree not to adapt, alter or create any derivative work from any of the material contained in this site.
Deathproof Industries Ltd provides the Website on an ‘as is’ basis and does not warrant that the functions contained in and the material on the Website will be uninterrupted, or error or defect free, or that the Website or the server that makes it available are free of viruses or bugs. Further Deathproof Industries Ltd does not represent the full functionality, accuracy, reliability of the materials on the Website.
In addition, Deathproof Industries Ltd makes no (and disclaims all) representations or warranties of any kind, express of implied, with respect to the Website or the information or content included on it.
This disclaimer does not affect your statutory rights in relation to the provision of goods.
8. USE LICENCE
Deathproof Industries Ltd will not be liable for any use of the Website (including any ordering of products) that results in:
losses that were not foreseeable to both parties when the contract was made;
losses that were not caused by any breach on the part of the supplier;
business losses and/or losses to non consumers.
We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples; and
(e) defective products under the Consumer Protection Act 1987.
You agree to use the Website only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of this site by any third party, such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person and the transmission of obscene or offensive content or disruption of normal flow of dialogue within the Website.
9. EXTERNAL WEBSITES
As a convenience for Deathproof Industries Ltd, our website may include links to other websites or material which are beyond our control.Deathproof Industries Ltd is not responsible for the content of external websites linked on the Websites.
These Terms are governed by the laws of England and Wales.
Deathproof Industries Ltd reserves the right to amend these terms and conditions from time to time without notice.
11. FORCE MAJEURE
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by a force majeure event. A force majeure event which means any act or event beyond our reasonable control such as, but not limited to, strikes or industrial action by third parties (but not those caused by Deathproof Industries Ltd own employees), civil commotion, riot, invasion, terrorist attacks, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster (“Event”).
If an Event takes place that affects the performance of our obligations under a contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event. Where the Event affects our delivery of products to you, we will arrange a new delivery date with you after the Event is over.
You may cancel a contract affected by an Event . To cancel please contact our customer services team. If you opt to cancel, you will have to return (at our cost) any relevant products you have already received and we will refund the price you have paid, including any delivery charges.
12. ADDITIONAL TERMSWe may transfer our rights and obligations under a contract to another organisation, but this will not affect your rights or our obligations under these Terms.
You may only transfer your rights or your obligations under these Terms to another person if Deathproof Industries Ltd agrees in writing.
These Terms are agreed between you and us. No other person shall have any rights to enforce any of its Terms.
Each of the clauses within these Terms operates separately. If any court or relevant authority decides that any of the clauses are unlawful or unenforceable, then the remaining paragraphs will remain in full force and effect.
The failure or delay of Deathproof Industries Ltd to exercise any right, power or remedy provided under these Terms or otherwise available in respect hereof at law or in equity shall not constitute a waiver by Deathproof Industries Ltd of its right to exercise any such or other right, power or remedy or to demand such compliance, or you of your obligations under these Terms. In the event we do waive a default we will do so in writing on a case by case basis.