Terminology
In the following Terms and Conditions –
The “seller”, “us” or “we” refers to Project Imola Ltd T/A Baines Racing
The “buyer”, “you” or “your” refers to the customer as detailed in the appropriate section of the Sales Invoice / order form / delivery note.
“Acceptance” means the acceptance by us of your order.
The “goods” or “product” refers to the item or items as detailed in the appropriate section of the Sales Invoice / order form / delivery note.
The “price” or “prices” refers to the sum due to us by you inclusive of VAT at whatever rate applies at the time.
The “supplier” or” suppliers” refers to companies that supply the goods we sell.
The “manufacturer” or “manufacturers” refers to the companies that design and manufacture the goods we sell.
“working day” is any day excluding Saturday, Sundays and Bank Holidays, and “calendar day” is any day including Saturdays, Sundays and Bank Holidays.
“Reserved goods” are anything we hold at your request for collection or delivery at an agreed date.
the “collection date” is a date on which we have both agreed the item will be collected by you or dispatched by us.
“website” or “site” refers to this website unless otherwise stated.
These Terms and Conditions are variously referred to as “terms and conditions”, “ terms” or “conditions”
For the avoidance of doubt, these Terms and Conditions apply to the use of this site and purchases made on-line, and do not apply to purchases made in-store.
Pricing and Accuracy
Prices are shown inclusive carriage and VAT, but do not cover any other levies that may be applied by the delivery agent or government agency otherwise.
Offers, promotions and vouchers cannot be had in conjunction with any other offer or promotion, supplier promotion, finance purchase or Cycle to Work Schemes unless stated otherwise.
We have tried to ensure that information provided on our Website is accurate; however we make no representation nor give any warranty of any kind in respect the accuracy of this information.
We may alter, delete and update details on the website and in these Terms and Conditions from time to time and at any time due to supplier and product changes, operational reasons, or regulatory rules imposed on us from Government.
Ordering and Contract Acceptance
When placing an order on with us on our website you will be asked to accept these Terms and Conditions before proceeding. You are then deemed to have accepted the terms as set out herein.
We will contact you to confirm receipt of your order and advise any shortfalls or unavailability of goods you have ordered.
In such case we may offer you a replacement or alternative item instead. If this is not suitable you may cancel or reduce the order.
We may refuse to accept your order if –
Goods or services you have ordered are unavailable.
We cannot authorise your payment with your card provider
If there has been a product description or price error.
We do not deliver to your area, or –
You fail to meet any other criteria set out in these terms.
In any of these instances at point 5 we will refund you in line with our Refund Policy as set out below.
No contract will exist between us until we have accepted your order by email confirmation and advised fulfilment matters.
Any communication prior to that is pre-contractual, and we are under no liability to accept or fulfil your order at this stage.
If we cannot contact you due to incorrect information you have given us, or you fail to respond to messages sent to you within 7 days, then you order may be delayed or cancelled.
Carriage
The website will calculate carriage charges when you put goods in the cart. These carriage charges are for delivery within Mainland UK only, and may vary outside this stated area.
If carriage is going to be higher than that quoted at the checkout, we will advise you the higher cost and you may choose to pay the extra or cancel the order.
Payment
Payment will be automatically taken on placing the order, but will be refunded in full if for any reason, either on our side or yours, the order is not accepted by us or unable to be fulfilled in line with these Terms and Conditions.
VAT
All prices quoted on this website include VAT at the current UK rates as apply.
Title
The goods remain the property of Project Imola Ltd T/A Baines Racing until they have been received and accepted by you.
Fulfilment
We understand that you will want your order within a certain time frame, and will always try to meet your requested delivery date where possible.
Our aim is that cycles will be dispatched between four to ten working days, and other items between two and four working days from acceptance of order.
To ensure good service to you in the first place, and minimize problems, all goods dispatched by us are checked and signed off “as described” by one of our staff before dispatch. You will be advised of any issues with the product otherwise, and be offered the option to continue or cancel the order.
If any goods are out of stock or otherwise delayed beyond 28 days we will contact you to give you an estimated delivery date.
In the event of the goods being sold out, or no longer available we will offer you an alternative product that may suit
In either of these last two events you are free to cancel the order and get a full refund if the s delivery date is later than you require.
If for any or the reasons above we are unable to fulfil the order within 28 days we reserve the right to cancel the order. We accept no liability in such instances for any loss or inconvenience direct, indirect or consequential howsoever caused.
All delivery times are based on working days, which excludes Saturdays, Sundays and Public Holidays.
All goods delivered to you must be delivered to your given address and signed for by the recipient. We will not deliver to an address other than the one to which your credit card is registered without separate and prior agreement.
We highly advise you to carefully check the exterior of the package for signs of damage, and if any doubt to sign for the goods as ‘unchecked’, or to refuse the parcel in which case it will be returned to us and we will check the goods are OK and advise you before resending.
We accept no liability however arising from the failure of our contracted Courier or delivery agent to deliver to you due to circumstances beyond our or their control – such as Fire, riots, abnormal weather, traffic congestion, etc…
Back Orders – our procedures
If goods are out of stock we will contact you and give you an estimated delivery date. You can then either opt to leave the order in place or cancel.
We will try to keep you informed of any delay to the estimated delivery date, however back-orders require manual checking and suppliers delivery dates may move, so if you haven’t heard from us a week before the estimated delivery date we suggest that you contact us for an update.
Security and Credit Card Security
Telephone orders
Card details taken for telephone orders will be directly inputted into our “Virtual Terminal”, and no details will be kept otherwise by us.
Cancellation by the customer after Receipt.
If upon receipt of the goods you decide to cancel the order and get a refund, or wish to exchange the goods for any reason, you have the right to do so providing that –
You must notify us of this within 7 days working days from receipt of goods by post to our registered office or by email. Proof of order will be required.
This notice must include your full name and address, your postal address, your contact details, a list of the goods ordered, reason for cancellation and proposed means of return of the goods.
After this period cancellation or exchange will be at our discretion only.
Whilst the goods are in your charge you must take reasonable care of them.
You are liable for the carriage costs and the safe return of the goods to us, which must be done within 14 days of cancellation. (We strongly suggest you ensure the parcel you send is fully insured, as any loss is at your own risk).
Upon return we will inspect the goods and make a full refund to you, provided that –
The product or goods have not been used or fitted, except for your need to assess suitability of a part, or initial fit of clothing or shoes.
The goods have been specially customised for you (see note below).
The products have a limited lifespan, or have gone out of date.
The packing seals have been broken – where these packing seals are inherent to the saleability of the product.
Under clause 7 above your statutory rights otherwise are not affected.
If the customer fails to return the goods, Baines Racing reserves the right to collect the goods from the customer, at a time convenient to us, and arranged in advance with the customer.
Any refunds will be made within 30 days latest.
Refunds must be made to the same card or method as used to pay for the goods originally.
Collect In Store – Special Terms and Conditions.
1. We will advise you as soon as possible after your order of availability. Your order will not necessarily be available to collect until we have confirmed the Reserve.
2. Collect in Store and Pre-paid orders will be kept for you for one month, and then cancelled unless you advise by email otherwise – in which case we will hold the goods for a further agreed period. In this case the order will be deemed to have become a Special Order – and our Special Order Terms and Conditions will apply.
3. Collect in Store and Pay in Store orders for items In Stock will be Reserved and kept for 7 days from Confirmation, and then returned to stock and the order cancelled.
4. If you wish to reserve these goods beyond 7 days then our “Special Order” Terms and Conditions apply (See below) and we may require a deposit from you.
5. Collect in Store and Pay in Store orders for Out Of Stock Products or Products shown by Supplier Data Feeds as available in a few days will be deemed to be a Special Order, our “Special Order” Terms and Conditions will apply, and we may require a deposit from you to order-in and reserve the goods for you.
In the case of Special Orders, Custom Goods and Reserved Bikes or Goods.
If you decide to cancel the order prior to dispatch, we reserve the right to keep part or all of the payment you have made until we have recovered our costs incurred in preparing to fulfil your order.
This includes non-stock goods bought to fulfil your order, restocking charges for said goods, and any reasonable costs incurred by us otherwise.
If we have not incurred costs then we will fully refund any monies you have paid to us.
If you return Special or Custom orders we may refuse to refund the goods, but may offer you a partial refund instead. If your order is an electrical Item we can not offer a refund.
Any Reserved goods will be subject to a cancellation charge of 20% or £20, whichever is the greater. This charge applies if –
the customer cancels or –
The order remains uncollected and unpaid for more than ten days after the agreed Collection time.
The agreed Collection time will be itemised as such on your Invoice, or identified and agreed by email exchange.
Returns, Refunds and Claims.
Please Contact Us First!
Please contact us before returning any goods to us, as you will need a Returns Number in order to facilitate any replacement or refund / credit. Please email us for a returns number stating reason for return, and we will advise you on the procedure to follow.
General Terms.
All goods being returned to us by you will be at your cost, unless agreed otherwise by us beforehand. (We strongly advise that you insure the goods you are sending to their face value with your courier, as we can accept no liability, direct or indirect, for goods sent by you and lost or damaged in transit).
Please always contact us first in any case to resolve any query, problem or suspected fault with the goods, as contact to suppliers and manufacturers can delay the settlement of claims.
Notification of damage, losses or non-delivery.
You must contact us in writing or by email at our address given below within five working days from the delivery to notify us of any shortages, damage or any other problem with the goods, or within 28 days of the original estimated delivery date in the case of non- delivery.
Failure by you to do so will mean the end of our liability in respect of the damage claimed or failure to deliver.
Warranty Claims and Returns.
Upon return to us any warranty claim goods will be examined by us, and a decision will be taken on the validity of your claim in line with manufactures and suppliers guidance.
This may involve return to the manufacturer, or manufacturers’ agent or supplier for further inspection. This may cause a delay to processing your claim.
No goods will be replaced, returned or refunded whilst this process is undertaken.
If a claim is validated then the goods will be, at our option, repaired or replaced – subject to availability (If the exact part is not available you may be offered an alternative) at no charge to you.
If the goods are deemed as not covered by any warranties, then we will return them to you once payment has been received from you for the return postage.
If you do not pay for the carriage or otherwise collect the goods, they will be disposed of after two months. Should you disagree with our decision please follow our Complaints procedure. Your statutory rights are not affected.
Guarantees and Warranty
Warranty and Guarantees are provided by the manufacturer or supplier.
To facilitate any claim you may have against then you should ensure you meet their Terms and Conditions by reading any documentation that comes with the goods and completing and returning any specific warranty registrations as requested.
Baines Racing can assist you with claims against manufacturers / suppliers, but can accept no liability on their part to meet their obligations to you, neither real nor claimed.