Terms & Conditions

General Terms and Conditions

 

Introduction to the General Terms and Conditions

 

These general terms and conditions of sale (“General Terms and Conditions”) apply to the sale of products and services made available from the website openfaceracer.com (hereinafter, the “Website”) to customers (as defined below).

 

The seller of the products and the owner of the Website is: Howard Wood.

 

With registered offices in:

 

Open Face Racer

The Old Bakery

Victoria Road

Douglas

IM2 4HD

 

Company Reg No. 028022B

 

(hereinafter, “O.F.R.”).

 

The products displayed on the Website are sold directly by O.F.R. only to customers (hereinafter, “Customer”), with the exclusion of distributers, dealers, professionals,or any other entities or individuals who are interested to buy the products for resale to third parties or for professional use. O.F.R. reserves the absolute right to change or update the General Terms and Conditions at any time, or when required to comply with applicable legislation, and in such case the updated General Terms and Conditions will apply upon their publication on the Website.

 

2. Choosing and ordering of the Products

 

2.1The agreement entered by the Customers and O.F.R. through the purchase of products on the Website (“Products”) is governed by these General Terms and Conditions.

2.2 The price and details of the Products are shown on the page relevant to each Product. The visuals of the Products on the Website, if available, correspondto its photographic image in addition to the descriptive wording. It is understood that the image of the Products has the sole purpose of presenting them for sale and may not be a perfect representative of their characteristics and qualities, but may differ in colour and size from the Product. In case of a difference between the image and the Product descriptive card, the latter shall prevail.

2.3 For the purchase of Products the Customer shall fill in and send the order form in electronic format, following the instructions given to them on the Website. The Customer shall add the Product to the “Cart” and, after reading and accepting the General Terms and Conditions and the Privacy Policy, they shall then insert the shipping and billing data, select the desired method of payment and confirm the order.

2.4 The agreement entered into between O.F.R. and the Customer shall be considered as concluded once the order has been accepted by O.F.R. This acceptance is communicated to the Customer via an order confirmation email containing a reference to these General Terms and Conditions, the order number, the shipping data, the list of ordered Products and the total price, including shipping costs if any occur. In case of Customers living outside of the UK or who have indicated a delivery address outside the UK, any costs such as taxes, duties and other export expenses shall be taken upon by the Customer.

2.5 Order will be processed to confirmed within one to three working days.

 

3. Product availability

 

Once the order has been received, O.F.R shall check the availability of the ordered Products. In the event that one or more of the Products ordered are not currently available, O.F.R. will send an update email to the Customer who, within the next 24 hours, shall confirm the order in relation to the available Products or cancel it entirely. If no reply is made to the Customer, the order shall be considered as confirmed and the available Products will be shipped to the address provided. In the case of non-availability of Products, the full amount relating to the missing Products will be reimbursed or, depending on the chosen payment method, will not be charged to the Customer.

 

4. Acceptance of the General Terms and Conditions and Privacy Policy

 

By submitting an order from the Website, which has the weight of a contractual offer, the Customer acknowledges and declares to have read all the information provided during the purchase procedure and to fully accept these General Terms and Conditions, the applicable terms of payment and the Privacy Policy.

 

5. Prices

 

Product prices are inclusive of VAT and are displayed in Pound Sterling.

 

6. Payment and billing

 

The Customer may pay the price of the Products and their delivery costs by Credit Card, PayPal and bank transfer.

In order to guarantee security, the Customer will carry out the payment transaction directly on the secure server of the bank.

The Website does not store the credit card number of the Customer. Through the secure communication system of the bank of reference, if the Customer wishes to do so on their second purchase, - the Customer shall be able to proceed with the purchase without re-entering their data. The bank of reference uses the SSL protocol to encrypt the transmitted data between its server and the Customer's browser.

 

7. Shipping

 

7.1 Products are shipped by local post to the address indicated by the Customer only within the UK. Orders made by Customers outside of the UK will have their products shipped by courier. Orders of available Products are shipped within 3 to 5 business days from the receipt of the order confirmation. Customers may be notified in case orders take longer, for example - if a postal strike occurred that was beyond the power of O.F.R. Upon the delivery of the Products, the Customer shall immediately verify the Products and report to the courier if any damage or discrepancy in quantity or quality of the Products that were ordered.

7.2 Shipping is free to addresses in the UK and Isle of Man with purchases of £50.00 or more.

 

8. Invoicing

 

If the purchase is made by a distributer, dealer or professional, it can be possible to request an invoice by sending an email containing the relevant information to admin@openfaceracer.com

In such case, the invoice shall be sent by email to the address indicated by the purchaser when submitting the order. The distributer, dealer or professional is responsible for the proper entry of the billing data.If in the case that there is no request for an invoice carried out during the ordering, the invoice may not be requested at a later stage, nor amendments will be done in case of the data that is communicated was inaccurate.

 

9. Limitations of liability

 

Except in case of gross negligence or wilful misconduct, but in any case to the extent permitted by Consumer Law.O.F.R. shall have no liability for damages to persons and/or things caused by the Products, the partial fulfilment or delay of an order, of the payment systems as well as the temporary or permanent unavailability of the Website. 

 

10. Products guarantee and ‘Lack of Conformity’

 

The Products shall be subject to the legal guarantees provided by the Consumer Law. The Customer is entitled, in their option and as long as the type of the Product permits so, to a free of charge restoration of the Product’s conformity by repair or replacement, or to an appropriate reduction of the price or to the termination of the agreement. The guarantee on the Products shall be valid for a period of 14 days after their delivery to the Customer. The guarantee will only apply to the Customer who has purchased the Product. The warranty is valid only if the Product is returned to O.F.R. with all of its original packaging, labels and documentation (if any) and in its full entirety. O.F.R. will pay for return shipping, only in the case if the Product lacks conformity.

 

10.1 Products and print colours

 

O.F.R. Products are printed by hand. O.F.R. will try their very best to ensure that one print run is exactly the same to another. However, please be aware that between the screen printing runs, the ink colour may change very slightly. If there is an ever slight change of colour in O.F.R.’s Products, it does not lack conformity, but is rather part of the garment process.

 

11. Right of withdrawal

 

The Customer is entitled to withdraw from the purchase agreement for any reason, without explanation and without any penalty, except for the cases of exclusion referred to in following paragraph IV. In order for this right to be exercised, the Customer shall send a written notice to O.F.R. within 14 days from the date of delivery of the Products or at any time prior to such delivery.

Such notice shall be sent by email toadmin@openfaceracer.com

Upon receiving the notice,O.F.R. shall open a file for the management of the returned goods and communicate to the Customer the instructions relevant to the return of the Products, which shall take place through the courier indicated by O.F.R. itself.

 

The right of withdrawal is governed by the following conditions:

I. The right applies to a Product purchased in its entirety; therefore, if the Product is composed of multiple components or parts, the withdrawal may not be performed only on a part of the purchased Product.

II. In case of exercise of the right of withdrawal, O.F.R. shall refund the Customer the full amount of the returned goods, excluding shipping expenses, if any, within 14 days from the date on which the notice of withdrawal was received, but only once the goods have been received back. The reimbursement shall be carried out using the same payment method used by the Customer.

III. The Products shall be returned in the same packaging in which they were received.

IV. The right of withdrawal is excluded if the purchaser requests the issuance of an invoice and/or he/she is not a “consumer or user” and in the following cases:

- orders of tailored or clearly personalised Products;

- order of Products which are liable to deteriorate or expire rapidly;

- order of sealed Products which are not suitable to be returned for hygienic reasons or connected to the protection of health or that were opened after the delivery.

In the cases of exclusion of the right of withdrawal, O.F.R. shall return the purchased Products to the Customer, charging the shipping costs to them also.

 

As an alternative to the right of withdrawal, the Customer has the right to change the size and colour of the purchased Products (limited to clothing), and in such case the shipping costs are also charged to the Customer. This option is granted to the Customer, provided that the Product requested is the same model of the one originally ordered and subject to availability of the requested size and colour. In such case, O.F.R. will send the Product to the Customerafter receiving the Product originally ordered. In any case O.F.R. reserves the right to cancel the order and refund the price to the Customer if that during the period, from the request of replacement and the return of the Product originally ordered, the size and colour requested has gone out of stock.

12. Glitches

 

O.F.R. will not honour website glitches or errors in pricing of any kind. We have the right to adjust the price accordingly until confirmation delivery is made. 

13. Promotional codes

 

Only one promotional code can be used at any one time during checkout. 

 

14. Complaints and Information

 

Any complaint or request of information shall be forwarded to O.F.R. by email to the following address:admin@openfaceracer.com

 

 

15. Notices

 

The Customer accepts that all notices and information relating to purchase of Products will be sent to their address or email communicated to O.F.R. when the order was placed or the account was created on the Website.

 

 

16. Deletion of orders by O.F.R.

 

O.F.R. reserves the right to cancel any order in the following cases:

• Articles out of stock.
• Articles which cannot be delivered for country specific limitations or other reasons.