www.bespokewheels.co.uk (the “Website”) is owned and operated by Bespoke Wheels Ltd, Company reg number: 04694018
The terms “Bespoke Wheels Ltd” “we”, “our”, “us” when used in these terms and conditions (“Terms”) means Bespoke Wheels Ltd. The terms “you”, “your” and “yours” when used in these Terms means you as a user of the Website.
Additional Terms and Conditions when buying from us
- Always re-check all wheel nuts/bolts 25 to 50 miles after having tyres and / or wheels fitted and then at regular intervals
- Once new tyres and / or new wheels have been fitted, we are unable to provide a refund unless the goods are faulty
- Please inform us if your car has been altered in any way from the manufacturers specification, this may alter the package you require
- Deposits are non refundable
- We will only keep customers tyres / and or wheels for 7 working days
- Wheels should only be washed with soapy water and rinsed immediately – do not use wheel cleaning products on your wheels
- The finish of wheels is not guaranteed.
- We will not act as a delivery address for customer purchases even if a customer wishes us to fit their tyres and or wheels. If we accept a delivery in error of goods a customer has purchased and has organised to deliver to us, we will not accept any liability for those goods.
In addition, for mail order purchases:
- Deliveries can only be made to the address of the credit / debit card holder when goods are paid for in this way
- Tyres and / or wheels must be fitted by a professional tyre / wheel fitter
- All wheels must be checked for correct size, type of wheel and any damage prior to fitting, and any defects or concerns raised with us within 7 days of receipt of goods
- Once new tyres and / or new wheels have been fitted, we are unable to provide a refund unless the goods are faulty
- We will exchange tyres / wheels that have not yet been fitted to the car, to the same value or towards a set of tyres / wheels of a higher value
- No product returns will be accepted without a pre-approved return authorisation
- If you wish to exchange any tyres or wheels, the cost of the return carriage will be the responsibility of the customer
- Exchanged goods will not be dispatched until the original order has been returned to us in a complete and resaleable condition
- Customers must ensure that the goods are packed appropriately in order to prevent damage whilst in transit.
1. USE OF THE WEBSITE
1.1 Please read the Terms carefully before using the Website. The Terms form the agreement between you and us and govern your use of the Website.
1.2 By using the Website and/or by registering with us or purchasing from us, you signify your agreement to be bound by the Terms. Please note that certain parts of the Website and some of the services provided by us (e.g. access to some archive material) (the “Registered Services”), will only be available to registered users (“Registered Users”) or to those who have made a purchase from us (“Subscribers”). Please note that all Terms shall apply to all users of the Website, except for clauses 6 and 7 which shall apply in addition to Registered Users only. If you do not agree to accept the Terms, you should not use the Website or register to use any of the services available through the Website.
1.3 We reserve the right to change these Terms at any time and you are advised to review the Terms regularly to ensure that you are aware of any changes. Your continued use of the Website after such changes are posted will be deemed agreement on your part to these Terms, as amended.
1.4 Bespoke Wheels Ltd is concerned about the safety and privacy of all our users. Please remember that our Website is designed to appeal to a broad audience. Accordingly, it is your responsibility to determine whether any use of the Website and/or the Registered Services are appropriate for the intended audience.
2. INTELLECTUAL PROPERTY RIGHTS
2.1 Copyright and all intellectual property rights in the content of the Website are either owned by or are licensed to Bespoke Wheels Ltd and are protected by such rights including, without limitation, by copyright and under trade mark laws. Except as specifically provided in Clause 2.3, no part of this Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed, in any form, and/or for any other purpose. Use of the Website content for any other purposes other than as allowed in these Terms and any modification, alteration or adaptation of the content is an infringement of intellectual property rights of Bespoke Wheels Ltd and may infringe the rights of third parties.
2.2 No part of the Website may be reproduced on or stored in any other website or networked computer environment or included in any public or private electronic retrieval system or service without Bespoke Wheels Ltd’s prior written permission.
2.3 Where indicated, materials on the Website may be printed in hard copy or a single copy downloaded to a single personal computer, classroom computers or computers in an [Information and Communications Technology] suite to display or run online resources on your interactive whiteboard or projector but in each case subject to the following conditions:
2.3.1 such copy is used only for non-commercial personal or non-commercial educational purposes (including use as teaching aides);
2.3.2 such copy may not be modified, altered or adapted in any way, for example, but without limitation, graphics may not be used separately from the corresponding text; and
2.3.3 you must keep intact all copyright and other proprietary notices on any copies made by you.
In order to request permission to reprint any material from the Website (outside of use in accordance with this Clause 2.3), please write to:
Anna MannionJessica Jordan, c/o Bespoke Wheels Ltd
Harriott Drive, Heathcote Industrial Estate,
2.4 In the event that you download software from the Website, the software (including any files, images incorporated in or generated by the software or any data accompanying the software) (together the “Software”) are licensed to you by Bespoke Wheels Ltd solely for the purposes set out at Clause 2.3.1. You may not redistribute, sell, decompile, reverse-engineer or disassemble the Software and must comply with the conditions of use set out in these Terms or notified to you in connection with such Software or on any relevant part of this Website. Software downloaded from this Website is subject to UK export controls. No Software may be downloaded or otherwise exported or re-exported into any country to which the UK has embargoed goods. By downloading or using the Software, you represent and warrant that you are not located in, or under the control of, or a national resident of any country or on any such list.
2.5 The Bespoke Wheels Ltd logo shown on the Website is owned by us, Bespoke Wheels Ltd. No rights are granted to use any logos which appear on this Website other than as expressly set out in Clause 2.3 above. For the avoidance of doubt, you may not use any meta tags or any other hidden text utilising Bespoke Wheels Ltd’s logo without our prior written permission.
2.6 Under no circumstances shall the use of this Website or the Software grant to any user any interest in the content of the Website, the Software or in any intellectual property rights of Bespoke Wheels Ltd.
3. ACCESS TO THE WEBSITE
3.1 You are responsible for making all arrangements necessary for you to have access to our Website.
3.2 Access to the Website is permitted on a temporary basis. We reserve the right to terminate your access to the Website or any part of it or to withdraw any of our services at any time, without notice, for any reason (including without limitation any breach of these Terms). From time to time, we may restrict access to some parts of our Website, or to our entire Website and/or to users who have registered with us. For example the Registered Services are designed primarily for [individuals working within the educational sector]. Bespoke Wheels Ltd may withhold or withdraw the Registered Services at any time including if, in Bespoke Wheels Ltd’s reasonable opinion, [you as a user do not work in the educational sector] or in accordance with Clause 6.5.
3.3 While Bespoke Wheels Ltd endeavours to ensure that the Website is normally available 24 hours a day, Bespoke Wheels Ltd shall not be liable if for any reason the Website is unavailable at any time or for any period.
3.4 Upon termination of our licence for you to use the Website, you must destroy all materials obtained from Bespoke Wheels Ltd and all copies thereof, whether in print or downloaded onto a computer.
4. USER CONTRIBUTIONS
4.2 By submitting any User Material, you:
4.2.1 warrant that such User Material is your own original work and that you have the right to make it available to us for all the purposes specified above and that you have the right to grant the licences set out in Clause 4.1; and
4.2.2 agree to waive any moral rights in your User Material.
4.3 Under no circumstances should you submit any User Material which is defamatory, abusive, obscene, inflammatory, of a racist, sexist or other discriminatory nature, in breach of confidence or privacy or which is otherwise unlawful or offensive, or which in our opinion could cause offence to any person or damage the reputation of Bespoke Wheels Ltd. You must not use any abusive or aggressive language, swear, threaten, harass or abuse any other person, including other users.
4.4 Any User Material submitted to us is submitted on the basis that we may review and edit such User Material prior to publication however we shall not be obliged to do so. We reserve the right to remove any User Material or part thereof published on the Website at any time and for any reason at our absolute discretion without notification to you.
4.5 Bespoke Wheels Ltd shall fully co-operate with any law enforcement authorities or court order requesting or directing Bespoke Wheels Ltd to disclose the identity or locate anyone posting any material which is in breach of these Terms or is unlawful.
5. USER CONDUCT
5.1 You agree not to:
5.1.3 use or attempt to use another’s registered account or details without authorisation from Bespoke Wheels Ltd;
5.1.4 create or use a false identity on the Website;
5.1.5 attempt to probe, scan or test the vulnerability of the Website or any Bespoke Wheels Ltd system or network or breach or impair or circumvent any security or authentication measures protecting the Website;
5.1.6 use the Website in any unlawful manner or in any manner which could damage, impair, disable or overburden the Website or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
5.1.7 violate any applicable national or international laws or regulations in connection with your use of the Website or related activities;
5.1.8 use the Website in any manner not permitted by these Terms; or
5.1.9 encourage or instruct any other person to do any of the foregoing.
5.2 If you become aware of misuse of the Website by any person or any breach of these Terms, please contact Bespoke Wheels Ltd by writing to the registered office or by email to [email protected]
6.1 The Registered Services are intended for users aged 16 years or over. Any registration by anyone under 16 years of age shall be unauthorised, unlicensed and in violation of these Terms. By registering for the Registered Services, you warrant that you are 16 years of age or older. Bespoke Wheels Ltd reserves the right to terminate your registration without warning if it believes that you are under 16 years of age and have registered without parental permission. Any use or access to the Registered Services and/or Website by anyone under 16 years of age must be by permission of, and under the supervision of, a responsible parent, adult or guardian and that same responsible parent, adult or guardian must be a registered user of Bespoke Wheels Ltd.
6.2 In consideration of your access to and use of the Registered Services, you agree to:
6.2.1 provide true, accurate, current and complete information about yourself;
6.2.2 maintain and promptly update your registration data to keep it true, accurate, current and complete;
6.2.3 keep any username or password issued to you strictly confidential and ensure that it cannot be used by anyone else to gain access to areas restricted to Registered Users;
6.2.4 be fully responsible for all use of your registration details and for any actions that take place using your registration;
6.2.5 immediately notify Bespoke Wheels Ltd by e-mail at [email protected] if you have reason to believe that your email and any password have become known to anyone else, or are being used in an unauthorised manner.
6.3 If at any time your registration details change (e.g. if you move house or have a new email address) contact us at [email protected]
6.4 If Bespoke Wheels Ltd has reasonable grounds to suspect that any registration information is untrue, inaccurate, not current or incomplete, Bespoke Wheels Ltd has the right to suspend or terminate your registration, access to and use of the Registered Services. Failure to comply with these Terms in full may result in us withdrawing permission to use the Website.
7 MISUSE OF THE WEBSITE
7.1 You must not, nor must you allow any other person, to alter, add to, delete, remove or tamper with this Website or any part of it or indirectly disrupt or interfere (or attempt to disrupt or interfere) with or alter this Website. You must not misuse our Website by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website including without limitation via a denial-of-service attack or a distributed denial-of service attack.
7.2 By breaching clause 8.1, you could commit a criminal offence under the Computer Misuse Act 1990. We may report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to access and use our Website will cease immediately.
7.3 We will not be liable for any loss or damage caused by a denial-of-service attack, distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading any material posted on it, or accessing and/or using any website linked to the Website. We recommend that you take measures to protect the security of your computer including installing anti-virus software on to your computer.
8. INFORMATION ON THE WEBSITE
8.1 Any material posted on our Website is provided on an “as is” basis. It is not intended to amount to advice. We shall have no liability to you or anyone who may be informed of the contents of our Website in the event any party places reliance on any content or other materials on or available via our Website.
8.2 Whilst we reserve the right to change the content of the Website at any time (including amending or withdrawing the Registered Services), material on the Website may be out of date from time to time and we are under no obligation to update such material.
8.3 We make no representation that material on the Website is appropriate for or available for use outside the UK. If you access the Website from outside the UK, you are solely responsible for compliance with any applicable local law.
9.1 This Website contains links to other websites which we consider may be of interest or helpful to you. These links are provided for your convenience only and Bespoke Wheels Ltd has no control over nor is in any way responsible for the content or availability of such websites. Bespoke Wheels Ltd therefore does not endorse or make any representations about them, or any material found thereon, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
9.2 You may not link to this Website from any other website without our express written authorisation. Permission for such linking may be requested by sending your name, address, website URL and details of the nature of the website to [email protected]
10.1 Bespoke Wheels Ltd shall not be liable to you in respect of any goods or services that are advertised or promoted on the Website by any other suppliers and you should make your own inquiries to ensure that the goods and services offered by those suppliers are suitable for your purposes, are (as the case may be) of satisfactory quality or provided with reasonable skill and care and that you have read and agree to any terms of business under which those goods and services are supplied.
11. PROMOTION RULES
11.1 Each promotion is subject to additional terms and conditions which will be featured on the relevant sections on this Website. If the additional terms and conditions conflict in any way with the rules stated in this Clause 12, the additional terms and conditions shall prevail. By participating in any promotion, you are deemed to have read and understood the provisions of this Clause 12 and be bound by these rules, together with the specific directions or terms and conditions applicable to the relevant promotion and any terms and conditions of any relevant third party featured on the relevant sections on this Website.
11.2 Any person who is an employee of Bespoke Wheels Ltd or a relative or member of an employee’s household or any company connected with the promotion or any of their associated companies are not eligible to participate.
11.3 Unless expressly stated for a particular promotion, promotions are restricted to residents of the UK aged 18 years or over. Proof of eligibility must be provided on request. Where a promotion states that participants may be under the age of 18, written consent from a parent or guardian is required for all participants under the age of 18.
11.4 All decisions of Bespoke Wheels Ltd and/or the relevant judges will be final and binding and no correspondence will be entered into. Bespoke Wheels Ltd reserves the right in its reasonable discretion to:
11.4.1 disqualify any entrant whose conduct is contrary to the spirit of the promotion or who Bespoke Wheels Ltd considers has used improper means (including technical means) to enter and to declare any or all claims or entries based on such conduct as void;
11.4.2 declare void any claims or entries resulting from any publication errors on this Website or where there has been error(s) in any aspect of the preparation for or conduct of the promotion which materially affect the results of the promotion or the number of claimants or the value of claims;
11.4.3 add to or to waive any promotional rules on reasonable notice; and/or
11.4.4 cancel the promotion or any part of it at any stage in the event of circumstances beyond Bespoke Wheels Ltd’s reasonable control.
11.5 All entries or answers must be received by Bespoke Wheels Ltd by the closing date specified in the relevant promotion. Bespoke Wheels Ltd shall take no responsibility for any entries that are illegible, misdirected, lost for technical or other reasons or received after the closing date. No applications will be accepted by agents, in bulk or from third parties.
11.6 Gifts, prizes and other promotional items may not be exchanged, transferred or re-sold and are subject to availability. No cash alternative will be offered. If for any reason an advertised gift, prize or promotional item is unavailable, Bespoke Wheels Ltd reserves the right in its absolute discretion to substitute a similar gift, prize or promotional item of equivalent or greater value. Only one prize will be awarded per household.
11.7 Where applicable, winners will be selected in a random draw from all correct answers received and will be announced on Bespoke Wheels Ltd website and/or notified within twenty-eight days after the winners have been ascertained. Names of winners are available from Bespoke Wheels Ltd upon request up to one month after the closing date by sending an SAE to the address published on the relevant section of the Website.
11.8 Failure to claim a gift, prize or promotional item by the time or in the manner specified for that particular promotion will make any claim invalid.
11.9 Publicity may be given to promotion winners and winners’ names and images may be published on the Website or other advertising or publicity material published and distributed by or on behalf of Bespoke Wheels Ltd. Winners must co-operate fully for publicity purposes if so required.
11.10 Entrants are liable for their costs to access telephone, mobile or computer networks.
11.11 Where gifts, prizes or promotional items are to be provided by a third party then the winner will be required to complete all appropriate or applicable booking or other formalities direct with such provider and comply with any third party terms and conditions. Bespoke Wheels Ltd accepts no liability for any promotion by a third party and such third party is responsible for the fulfilment of its promotion.
11.12 For any gift, prize or promotional item involving holidays and/or travel, Bespoke Wheels Ltd reserves the right to require written permission from the parent or guardian of any winner who is under the age of 16 and to require such winner to choose as a companion (where relevant) someone aged 18 or over.
12. LIMITATION OF LIABILITY AND DISCLAIMER
12.1 Bespoke Wheels Ltd is providing the Website on an “as is” basis and to the fullest extent permissible by law makes no (and expressly excludes all) guarantees, representations (except for fraudulent misrepresentation) or warranties of any kind (express or implied) with respect to the Website and its contents or any websites to which it is linked including, without limitation, warranties as to quality and fitness for purpose.
12.2 Bespoke Wheels Ltd does not represent or warrant that the information accessible via the Website is accurate, complete, reliable or current nor that the Website will meet particular requirements, or be available, accessible, uninterrupted, timely, secure or operate without error or that it will be free from viruses, worms, trojan horses or other harmful elements.
12.3 Except as specifically set out in these Terms, to the fullest extent permissible by law, neither Bespoke Wheels Ltd nor any of its affiliates, directors, employees or other representatives will be liable (whether under contract, tort, statute or otherwise howsoever arising) for any of the following losses or damage (whether such losses were foreseeable or not):
12.3.1 losses suffered by third parties;
12.3.2 loss of data;
12.3.3 loss of profit;
12.3.4 loss of revenue;
12.3.5 loss of business or opportunity;
12.3.6 loss of goodwill; or
12.3.7 any indirect, consequential, special or exemplary damages arising from the use of the Website, inability to use the Website, the results of use of the Website, any Website linked to it or any material contained in the Website. The losses listed in this clause 13.3 are intended to be severable.
12.4 Without prejudice to the generality of clause 13.3, Bespoke Wheels Ltd’s total liability to you shall not exceed the amount paid by you, if any, for services or goods supplied to you by Bespoke Wheels Ltd or £100 whichever is the higher.
12.5 Nothing in these Terms shall exclude or limit Bespoke Wheels Ltd’s liability for death or personal injury caused by its negligence or for fraud or fraudulent misrepresentation or for any liability which cannot be excluded or limited by law.
YOU AGREE TO ON DEMAND INDEMNIFY AND KEEP FULLY INDEMNIFIED BESPOKE WHEELS LTD AGAINST ALL CLAIMS, LIABILITIES, COSTS, DAMAGES OR LOSSES WE MAY SUFFER OR INCUR (INCLUDING WITHOUT LIMITATION ANY LEGAL FEES) ARISING OUT OF OR IN CONNECTION WITH ANY BREACH BY YOU OF YOUR OBLIGATIONS UNDER THESE TERMS.
14.1 These Terms and your use of the Website (including any services provided through it) shall be governed by and construed in accordance with the laws of England. By using the Website, you accept that any dispute under these Terms or arising out of the use of the Website shall be subject to the exclusive jurisdiction of the English courts to which you submit.
15. TERMS OF SALE
15.1 Bespoke Wheels Ltd’s Terms of Sale are incorporated into and form part of these Terms. Contracts for the supply of goods and services formed on our Website are governed by the relevant Terms of Sale.
17.2 If for any reason any part of these Terms is deemed to be unenforceable, then that part of the Terms will be severed and this will not affect the validity or enforceability of the remaining terms.
17.3 Any waiver by Bespoke Wheels Ltd of a breach of any provision of these Terms shall not be deemed to be a waiver of any subsequent breach of any provision.
17.4 A person who is not a party to these Terms has no rights under the Contract (Rights of Third Parties) Act 1999 to enforce any of these Terms, but this clause does not affect a right or remedy of a third party which exists or is available apart from that Act.
17.5 These Terms constitute the entire agreement between you and Bespoke Wheels Ltd and govern your use of the Website and supersede any prior agreements between you and Bespoke Wheels Ltd in relation to the Website. You may also be subject to additional terms and conditions that may apply when you participate in any promotions through the Website or use any affiliate services, third party content or third party software.
Bespoke Wheels Ltd
Terms of Sale and Supply
The following Terms of Sale and Supply shall apply to each order for the supply of goods that we shall receive from you from time to time unless otherwise agreed in writing. Acceptance of Customers’ orders shall be subject to these terms and cannot be altered by customers’ terms of purchase.
1. No order submitted to Bespoke Wheels Ltd shall be deemed to be accepted by Bespoke Wheels Ltd unless and until confirmed in writing (either by invoice submitted with goods delivered, or otherwise) by Bespoke Wheels Ltd or Bespoke Wheels Ltd’s Authorised Agent.
2. No order which has been accepted by Bespoke Wheels Ltd may be cancelled by the customer except with the prior written agreement of Bespoke Wheels Ltd or its authorised representative.
3. By accepting delivery of the goods covered by this invoice the customer acknowledges receipt of and thereby agrees to be bound by these terms and conditions and further acknowledges that these terms and conditions comprise the only terms and conditions upon which the goods covered by this invoice are supplied and that they shall not be deemed to be altered or varied to any extent by any previous correspondence between Bespoke Wheels Ltd and the customer or by the provision by the customer to Bespoke Wheels Ltd of any other terms and conditions in respect of such goods.
SUPPLY AND RETURN
4. Risk of damage to or loss of the goods covered by this invoice shall pass to the customer at the time of delivery or, if the customer wrongfully fails to take delivery of the goods, the time when Bespoke Wheels Ltd (or any other company on behalf of whom Bespoke Wheels Ltd acts if printed resources belong to that company) has tendered delivery of the goods. Notwithstanding delivery and the passing of the risk in the goods or any other provision of these terms and conditions the property in the goods shall not pass to the customer until Bespoke Wheels Ltd has received in cash or cleared funds, payment in full of the price of the goods.
5. Delivery of goods within the United Kingdom and Republic of Ireland shall be made freight free unless otherwise agreed in writing by Bespoke Wheels Ltd or its authorised agent.
Goods are despatched to overseas customers at the customer’s expense and liability, unless otherwise agreed in writing, such charges as incurred by us being invoiced at the same time or separately to the invoice of the goods.
6. Any dates quoted for delivery of goods are approximate only and Bespoke Wheels Ltd shall not be liable for any delay in delivery of goods howsoever caused.
7. Goods are not supplied and sold on a sale or return basis. Printed resources will not be accepted for return unless previously authorised in writing by the Publishers representative. Carriage and packing of printed resources returned is at the customer’s expense and liability. Bespoke Wheels Ltd cannot accept any responsibility for unauthorised returns or for returns of printed resources not supplied by Bespoke Wheels Ltd. Non authorised returns will be handled in accordance with Bespoke Wheels Ltd’s returns authorisation procedure and on terms to be determined at the absolute discretion of Bespoke Wheels Ltd.
CHARGING AND SELLING
8. Invoices and Credit Notes shall be raised as quickly as possible and despatched with or separately to the goods, etc in question. Printed resources despatched to customers, within the United Kingdom and Republic of Ireland before our Publication Date to achieve delivery by that date will be invoiced and debited to their account in the month of publication. Such titles must not be sold to the public before our publication date, or resold to another trader without imposing that same condition.
9. Our printed resources are sold subject to the condition that they shall not, by way of trade or otherwise, be lent, re-sold, hired out or otherwise circulated without our prior consent in any form of binding or cover, other than that in which it is published and without a similar condition including this condition being imposed on the subsequent purchase.
10. The price of goods shall be the published price as shown on the invoice less such discount as may have been agreed between Bespoke Wheels Ltd or its authorised agent and the customer in writing as shown on the invoice. The price is inclusive of any applicable value added or other tax.
11. Our terms are strictly net. No settlement discounts or other deductions may be made against amounts due on our invoices or statement. Invoices will be raised at retail prices less discount unless otherwise agreed in writing. In the case of customers with agreed credit accounts payments for goods supplied must be received by Bespoke Wheels Ltd on or before the due date unless otherwise agreed in writing between Bespoke Wheels Ltd or its authorised agent and the customer, or as may be otherwise stated on an invoice. Time of payment shall be of the essence of the agreement. Orders from customers who do not have an agreed credit account will only be accepted against prepayment in full.
12. If the customer fails to make any payment on the due date then, without prejudice to any other right or remedy available to Bespoke Wheels Ltd, Bespoke Wheels Ltd shall be entitled to charge the customer interest (both before and after any judgement) on the amount unpaid at the rate of 3% per annum above HSBC Bank Plc base rate from time to time, until payment in full is made.
13. Bespoke Wheels Ltd reserves the right to withhold further supplies in the event of amounts payable being overdue, breach of any of the conditions of this agreement, or any other reason which at the discretion of the Company warrants such action.
QUERIES OR CLAIMS
14. Any claim for credit or replacement stock in respect of any delivery of goods shall only be considered if such a claim relates to shortage, damage, defect in quality or condition, failure to correspond with order or non-delivery and is received in writing at Bespoke Wheels Ltd address shown on the invoice and marked for the attention of the Customer Services Supervisor, within 14 days of the date of the delivery of the goods to a customer in the United Kingdom or Republic of Ireland (or, in the case of claims of non-delivery, of the date of invoice) or within 28 days of the date of delivery of the goods to a customer outside the United Kingdom and Republic of Ireland (or, in the case of claims of non-delivery, of the date of invoice). If claims are not submitted within such time limits Bespoke Wheels Ltd shall have no liability in respect of such claims and the customer shall be bound to pay the price as if the goods had been delivered in accordance with the agreement.
15. The agreement for the supply and sale of goods shall be governed by the laws of England.
16. Bespoke Wheels Ltd shall not be liable to the customer or be deemed to be in breach of the agreement with the customer by reason of any delay in performing or any failure to perform any of its obligations in relation to the goods if the delay or failure was due to any cause beyond Bespoke Wheels Ltd’s reasonable control. Save as expressly provided in these terms and conditions and except where the goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977) all warranties conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law. Where the goods are sold under a consumer transaction the statutory rights of the customer are not affected by these conditions.
17. Except in respect of death or personal injury caused by Bespoke Wheels Ltd’s negligence Bespoke Wheels Ltd shall not be liable to the customer by reason of any representation or any implied warranty condition or other term or any duty at common law or under the express terms of the agreement for any consequential loss or damage (whether for loss of profit or otherwise) costs expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of Bespoke Wheels Ltd its employees or agents or otherwise) which arise out of or in connection with the supply of the goods or their use or resale by the customer except as expressly provided in these terms and conditions.
18. The customer shall notify Bespoke Wheels Ltd forthwith in writing upon the customer becoming aware of any claim for infringement of any patent copyright design trademark service mark or other industrial or intellectual property rights in or relating to the goods.
19. If:(a) the customer makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or (b) an encumbrancer takes possession or a receiver is appointed of any of the property or assets of the customer, or © if the customer ceases or threatens to cease to carry on business; or (d) Bespoke Wheels Ltd reasonably apprehends that any of the events mentioned above is about to occur in relation to the customer and notifies the customer accordingly then without prejudice to any other right or remedy available to Bespoke Wheels Ltd, Bespoke Wheels Ltd shall be entitled to cancel the agreement for the sale of the goods or suspend any further deliveries under such agreement without incurring any liability to the customer and if the goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
20. If any provision of these terms and conditions is held by any competent authority, to be invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and the remainder of the provision in question shall not be affected thereby. No waiver by Bespoke Wheels Ltd of any breach of the agreement by the customer shall be considered as a waiver of any subsequent breach of the same or any other provision. The headings shown in these terms and conditions are for convenience only shall not affect their interpretation. No variation to these terms and conditions shall be binding unless agreed in writing between the authorised representative of Bespoke Wheels Ltd and the customer. Bespoke Wheels Ltd’s employees or agents are not authorised to make any representations concerning goods unless confirmed by Bespoke Wheels Ltd in writing. By entering into the agreement for the sale and purchase of the goods the customer acknowledges that it does not rely on and waives any claim for breach of any such representations which are not so confirmed.