F.H. Warr & Sons - Terms and Conditions

(1) Introduction

Please read these terms of sale carefully.

You will be asked to expressly agree to these terms of sale before you place an order for products from our website.

(2) Interpretation

In these terms of sale, "we" means F.H Warr & Sons Ltd, trading as Warr’s Harley-Davidson (and "us" and "our" will be construed accordingly); and "you" means our customer or potential customer for products (and "your" will be construed accordingly).

(3) Order process

The advertising of products on our website constitutes an "invitation to treat"; and your order for products constitutes a contractual offer. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.

In order to enter into a contract to purchase products from us, you will need to take the following steps: "(i) you must add any the products you wish to purchase to your shopping cart, and then proceed to the checkout; (ii) if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details; (iii) once you are logged in, you must select your preferred method of delivery and confirm your order and your consent to these terms of sale; (iv) you will be transferred to the secure card processing Sagepay website, and Sagepay will handle your payment; (v) we will then send you an initial acknowledgment. You acknowledge that any automated acknowledgment of your order that you may receive from us shall not amount to our acceptance of your offer to purchase goods or services advertised on the Website; (vi) once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order."

We will not file a copy of these terms of sale specifically in relation to your order. We may update the version of these terms of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these terms of sale for your records.

The only language in which we provide these terms of sale is English.

Before you place your order, you will have the opportunity of identifying whether you have made any input errors by clicking your back button and editing your order in the shopping basket and the delivery and payment information. You may correct those input errors before placing your order by clicking your back button and editing the items in your shopping basket and the delivery and payment methods.

(4) The products

Our products are a selection of Harley-Davidson and Warr’s related products. You can read more about our products if you visit the products section on the website.

(5) Price and payment

Prices for products are quoted on our website. The website contains a large number of products and it is always possible that some of the prices on the website may be incorrect. We will verify prices as part of our sale procedures so that a product's correct price will be stated [when you pay for the product].

In addition to the price of the products, you [will/may] have to pay a delivery charge, which will be as stated [when you pay for the product].

Payment must be made [upon the submission of your order]. We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds.

The prices on the website include all value added taxes (where applicable).

Payment for all products must be made by credit or charge card. Prices for products are liable to change at any time, but changes will not affect contracts which have come into force.

(6) Your warranties

You warrant to us that:

(a) you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale;

(b) the information provided in your order is accurate and complete; and

(c) you will be able to accept delivery of the products.

(7) Delivery policy

We will arrange for the products to be delivered to the address for delivery indicated in your order.

We will use reasonable endeavours to deliver products on or before the date for delivery set out in our order confirmation or, if no date is set out in our order confirmation, within 2 days of the date of our order confirmation. However, we cannot guarantee delivery by the relevant date. We do however guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 30 days of the later of receipt of payment and the date of our order confirmation.

Goods ordered from us and delivered outside the United Kingdom may be subject to import duties and taxes or handling charges which are levied when the delivery reaches the country of destination. We donít have any control over these charges and cannot predict their amount. Payment of any such charges, taxes or import duties will be your responsibility and you must comply with the applicable laws and regulations held within the destination country. Please check with your local customs office for further information prior to placing your order.

(8) Risk and ownership

The products will be at your risk from the time of delivery. Ownership of the products will only pass to you upon the later of:

(a) delivery of the products; and

(b) receipt by us of full payment of all sums due in respect of the products (including delivery charges).

Until ownership of the products has passed to you, you will possess the products as our fiduciary agent and bailee, and if you are a business customer you must store the products separately from other goods and ensure that the products are clearly identifiable as belonging to us.

We will be entitled to recover payment for the products even where ownership has not passed to you.

(9) Consumers: returns policy

This Section applies to consumers, not business customers. If you are a business customer, the applicable returns policy is set out in Section [12].

You may cancel a contract to purchase a product or products at any time within 7 working days after the day you received the relevant products or products (subject to the limitations set out below).

[You will not have any such right insofar as a contract relates to: (i) the supply of any products which constitute audio or video recordings or computer software which have been unsealed by you; (ii) the supply of products the price of which is dependent upon fluctuations in financial markets which we cannot control; (iii) the supply of newspapers, periodicals or magazines; (iv) the supply of goods made to your specifications or clearly personalised; or (v) the supply of goods which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly.]

If you cancel a contract on this basis, you must inform us in writing and return the products to us immediately, in the same condition in which you received them. Products returned by you in accordance with this Section will be refunded in full (including the cost of sending the products to you). However, you will be responsible for paying the cost of returning the product to us.

If you cancel a contract on this basis and you do not return to the products to us, we may recover the products and charge you for the costs we incur in doing so. Similarly, if you return the products at our expense, we may pass that expense on to you.

(10) Consumers: statutory rights

Nothing in these terms of sale affects any statutory rights you may have as a consumer.

(11) Refunds

If you cancel a contract and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your valid notice of cancellation.

(12) Force majeure

In this Section and Section [15] below, "force majeure event" means:

(a) any event which is beyond our reasonable control;

(b) the unavailability of raw materials, components or products; and/or

(c) power failure, industrial disputes affecting any third party, bad weather, governmental regulations, fires, floods, disasters, civil riots, terrorist attacks or wars.

Where a force majeure event gives rise to a failure or delay in us performing our obligations under these terms of sale, those obligations will be suspended for the duration of the force majeure event.

[If we become aware of a force majeure event which gives rise to, or which is likely to give rise to, any failure or delay in us performing our obligations under these terms of sale, we will notify you forthwith.]

[We will take reasonable steps to mitigate the effects of the any force majeure event.]

(13) Limitations of liability

Nothing in these terms of sale will limit or exclude your or our liability for: (i) death or personal injury caused by negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any matter for which it would be illegal to limit or exclude, or attempt to limit or exclude, liability.

Subject to this:

(a) we will not be liable for any losses arising out of a force majeure event;

(b) we will not be liable in respect of any defect in the products arising from fair wear and tear, wilful damage, accident, negligence by you or a third party, use otherwise than in accordance with the manufacturer's or our instructions or recommendations, or any alteration carried out by you or any third party; and

(c) if you are a business customer: (i) our liability in connection with any product purchased through our website is strictly limited to [the higher of the purchase price of the relevant product and the replacement cost of the relevant product]; and (ii) we will not be liable for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data or waste of management or office time, or loss of goodwill or reputational damage.

(14) Contract cancellation

We may cancel a contract to supply products made under these terms of sale immediately by written notice to you if you fail to pay, on time and in full, any amount due to use under the contract, or commit any material breach of your obligations to us under the contract.

(15) Consequences of cancellation

Upon the cancellation of a contract in accordance with Section [17]:

(a) we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;

(b) you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products); and

(c) all the other provisions of these terms of sale will cease to have effect, except that Sections [8, 11, 12, 15, 16, 18 and 20] will survive termination and have effect indefinitely.

(16) Scope of these terms of sale

These terms of sale do not constitute or contain any assignment or licence of any intellectual property rights, do not govern the licensing of works (including software and literary works) comprised or stored in products, and do not govern the provision of any services by us or any third party in relation to the products.

(17) General terms

Images of products on our website are for illustrative purposes; actual products may differ from such images.

We will treat all your personal information that we collect in connection with your order in accordance with the terms of [our privacy policy]; use of our website will be subject to [our website terms of use].

Contracts under these terms of sale may only be varied by an instrument in writing signed by both you and us. We may revise these terms of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.

If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.

No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of sale.

You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms of sale. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms of sale, at any time – providing where you are a consumer that such action does not serve to reduce the guarantees benefiting you under these terms of sale.

Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.

Subject to the first paragraph of Section [15]: these terms of sale contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms of sale have been made by or on behalf of the other party in relation to the purchase of products from our website.

These terms of sale will be governed by and construed in accordance with English law, and the courts of England and Wales will have [non-]exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.

(18) About us

Our full name is F.H Warr & Sons Ltd, trading as Warr’s Harley-Davidson

Our principal trading address is 611 Kings Rd, London SW6 2EL

Our company registration number is 582482

Our email address is sales@warrs.com

[Our VAT number is 227259457]

Returns Policy for F.H Warr & Sons Ltd

(1) Introduction

We understand that from time to time you may wish to return a product to us.

We have created this 30 day returns policy to enable you to return products to us in appropriate circumstances.

This returns policy applies to customers in England and Wales/irrespective of your geographical location.

This policy does not affect any statutory rights you may have (such consumer rights under the Consumer Protection (Distance Selling) Regulations 2000).

(2) Returns

Where you have no other legal right to return a product and receive a refund or exchange, then you will nonetheless be entitled to return a product to us where:

(a) we receive the returned product within 30 days following the date of purchase of the product;

(b) the returned product is unused, in its original unopened packaging and otherwise in a condition enabling us to sell the product as new;

(c) you comply with the returns procedure set out below; and

(d) none of the exclusions set out below apply.

(3) Returns procedure

In order to take advantage of your rights under this returns policy, you must:

All returns must reach us within 30 days from initial dispatch date. Items received after 30 days will not be accepted for return. We cannot refund postage & packing charges and the cost of returning the goods shall be paid for by the customer. The customer shall be responsible for ensuring the return of goods and we cannot be held responsible for items lost in transit.

Products returned under this policy must be sent by recorded delivery to:

Warr’s Harley-Davidson,_611 Kings Rd, London SW6 2EL

You will be responsible for paying postage costs associated with returns under this policy.

(4) Exclusions

The following kinds of products may not be returned under this policy

(a) DVDs, CDs other audio or video or audio-visual recordings;

(b) computer software (whether on CD-ROM, DVD-ROM or otherwise);

(c) gift vouchers.

(d) Under garments or other clothing of a personal nature.

(5) Refunds

We will send you a refund for the full price of any product properly returned by you in accordance with the terms of this returns policy including the original delivery charges and excluding the costs of returning the product to us.

We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your returned product.

(6) Improper returns

Where you return a product in contravention of this policy and where you do not have any other legal right to return the product:

(a) we will not refund or exchange the product;

(b) we may retain the returned product until you pay to us such additional amount as we may charge for re-delivery of the returned product; and

(c) if we do not receive payment of such additional amount within 14 days of issuing a request for payment, we may destroy or otherwise dispose of the returned product in our sole discretion without any liability to you.

(7) Lost items

Every effort will be made to ensure your goods are delivered on time. Other than transit errors it is the purchaser's responsibility to ensure goods are ordered in good time.

If you have chosen to send your order by Royal Mail 1st class recorded delivery this is a trackable service and should reduce the risk of orders being lost in transit. We are however reliant on Royal Mail to deliver your order to you promptly and safely. Royal Mail do operate a claims procedure for items that are lost or damaged whilst in their care, but will not class an item as lost until after 15 working days after the date of posting. F.H.Warr & Sons Ltd will insure any orders sent via first class recorded delivery. If goods are not received or returned to us within this timescale we will supply either replacement or a refund, whichever the buyer chooses. We cannot offer you a replacement or refund if you have not selected insured delivery. We have no means to track first class not insured orders. The customer is responsible for the safe delivery of the order if they select the not insured option.

F.H.Warr & Sons Ltd has the right to refuse replacements or refunds to parties who continue to report lost orders.

Please wait 15 working days to report a lost item. If you have selected the insured option we will make every effort to investigate what has happened to your order. If no conclusion is reached we will send you out a replacement or give you a full refund. Other than overseas deliveries the order will be classed as delivered if the order has been signed for at it's destination. If this is the case Royal Mail will class the order to have been delivered. In this circumstance we cannot offer a replacement or refund. Non insured goods that are delivered by carrier to an address overseas but not signed for will be also classed as delivered.

(8) About us

Our full name is F.H Warr & Sons Ltd, trading as Warr’s Harley-Davidson

Our principal trading address is 611 Kings Rd, London SW6 2EL

Our company registration number is 582482

Our email address is sales@warrs.com

[Our VAT number is 227259457]