. Formation of the contract

1.11 The items in this shop are ONLY for sale to members of the 101 Forward Control Club and Register. If you are NOT a member and you purchase from this shop you will NOT receive items and your money will be refunded. 

1.1a The club reserves the right to review orders and refuse to supply parts purchased by a member if the size or nature of the order is deemed to be detrimental to the integrity of the long term functioning of the club shop. The Club Shop exists to enable members to maintain their own vehicles. In the event of us rejecting an order the member will receive a full refund for any parts not supplied.

1.1b These terms of sale apply to all goods supplied by The 101 Forward Control Club and Register Limited, registered in England and Wales no. 04499629 (the ``Supplier’’).

1.2 No contract exists between you and the Supplier for the sale of any goods until the Supplier has received and accepted your order (including payment of the whole of the price for the goods that you order) and sends you confirmation of your order and receipt of your payment in writing or by email to the postal address or email address you have given on your order form. Once the Supplier does so, there is a binding legal contract between you and the Supplier.

1.3 The contract is subject to your right of cancellation (see below).

1.4 The Supplier may change these terms of sale without notice to you in relation to future sales.

 

2. Description and price of the goods

2.1 The description and price of the goods you order will be as shown on this shop website (the “Catalogue”) at the time you place your order.

2.2 The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, the Supplier will inform you as soon as possible, and refund or recredit you for any sum that has been paid by you or debited from your credit or debit card for the goods.

2.3 Every effort is made to ensure that prices shown in the Catalogue are accurate at the time you place your order. If an error is found, the Supplier will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel, the Supplier will refund or recredit you for any sum that has been paid by you or debited from your credit or debit card for the goods.

2.4 In addition to the price, you will be required to pay an additional delivery charge for all goods ordered from the Supplier, except where explicitly stated otherwise.

2.5 The prices of the goods and delivery charges do not include any VAT.

 

3. Payment

3.1 Payment for the goods and delivery charges can be made by any method shown in the Catalogue at the time you place your order.

3.2 Time for payment shall be of the essence.

3.3 No payment shall be deemed to have been received until the Company has received cleared funds.

 

4. Delivery

4.1 The goods you order will be delivered to the address you give when you place your order.

4.2 If delivery cannot be made to your address, the Supplier will inform you as soon as possible, and refund or recredit you for any sum that has been paid by you or debited from your credit or debit card for delivery.

4.3 If there is no one at the address given who is competent to accept delivery of the goods, you will be notified of an alternative delivery date or a place to collect the goods.

4.4 Every effort will be made to deliver the goods as soon as possible after your order has been accepted, and in any event within 30 days of your order, except by prior agreement where items are on back order or are being reserved prior to delivery.

4.5 You will become the owner of the goods you ordered and responsible for risk of loss of or damage to them once they have been delivered to you.

 

5. Your right of cancellation

5.1 Your right to cancel an order starts from the moment you place the order and ends 14 (calendar) days after you receive the goods. If your order consists of multiple goods, the 14 days runs from when you receive the last item forming part of the original order.

5.2 The 14 days is the time you have to decide if you want to cancel. If you do so decide, you then have a further 14 days in which to physically return the goods to the address at 5.6 below.

5.3 You will be given a refund covering the price you originally paid for the goods including any shipping costs you paid. This refund will be given once the Supplier has received the goods back, or has received from you proof of posting the goods (within the time period in 5.2 above). to the address stated at 5.4 below. 

5.4 Reasonable efforts will be made to process the refund within 14 days of receipt of the goods but the Supplier cannot offer an absolute commitment to meeting a 14 day period for paying the refund given the Supplier uses staff working in a voluntary capacity undertaking their duties in their own personal free time.

5.5 The Supplier reserves the right to make a deduction from the refund if the value of the goods has been reduced as a result of you handling the goods more than is necessary. The extent to which a customer can handle the goods is the same as if you were buying the items in a shop, it therefore does not include any damage caused by you fitting and/or removing the part from a vehicle and returning said part as though it were still a "new" part.

5.6 Goods must be returned to the following address: 101 Forward Control Club & Register, 196 Ringwood Road, Totton, Southampton, SO40 8EB

5.7 If you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to the Supplier at your own cost. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit.

5.8 If you do not return the goods as required, the Supplier may charge you a sum not exceeding the direct costs of recovering the goods.

 

6. Warranty

6.1 Save those statutory warranties which may not be excluded by law, the Supplier offers no warranty in respect of goods purchased from the Remanufactured Items and Spare Parts section of the Catalogue. In respect of such goods, you will only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer.

6.5 Your statutory rights as a consumer are not affected.

 

7. Your Obligations

7.1 YOU MUST ENSURE:

7.1.1 THAT ANY GOODS YOU PURCHASE FROM THE CATALOGUE FOR USE IN YOUR VEHICLE ARE OF THE CORRECT SPECIFICATION; AND

7.1.2 THAT SUCH GOODS ARE PROPERLY FITTED, BY A PERSON QUALIFIED TO UNDERTAKE SUCH WORK.

7.2 The fitting of such goods in your vehicle is at your sole risk.

 

8. Export terms

8.1 Where the goods are supplied for export from the United Kingdom, you must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase the goods from the Supplier. The importation or exportation of certain of the goods to you may be prohibited by certain national laws. The Supplier makes no representation and accepts no liability in respect of the export or import of the goods that you purchase.

8.2 You are responsible for any extra costs associated with import duty/charges levied by the country into which you are importing the goods. The Supplier is not liable for any such charges. For example, the shipping company may act as the collection agent for the respective government and you may have to pay the extra costs direct to that shipping company before they will release the goods to you. The supplier is not liable for any non delivery or delay arising from failure to pay such import charges.

 

9. Liability

9.1 If the goods that the Supplier delivers are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, the Supplier shall have no liability to you unless you notify the Supplier in writing at the Supplier’s contact address of the problem within 10 working days of the delivery of the goods in question.

9.2 If you do not receive goods ordered by you within 30 days of the date on which you ordered them, the Supplier shall have no liability to you unless you notify the Supplier in writing at its contact address of the problem within 40 days of the date on which you ordered the goods.

If you notify a problem to the Supplier under this condition, its only obligation will be, at your option:

9.2.1 to make good any shortage or non-delivery;
9.2.2 to replace any goods that are damaged or defective; or

9.2.3 to refund to you the amount paid by you for the goods in question in whatever way the Supplier chooses.

9.3 Save as precluded by law, the Supplier will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits business or goodwill) howsoever arising out of any problem that you notify to the Supplier under this condition and the Supplier shall have no liability to pay any money to you by way of compensation other than to refund you for the goods in question under clause 9.2.3 above.

9.4 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit the Supplier’s liability to you for any death or personal injury resulting from the Supplier’s negligence.

 

10. Notices

All notices from you to the Supplier must be in writing and sent to the following postal address or email addresses:

10.1 The email address is spares@101club.org

10.2 The postal address is 101 Forward Control Club & Register, 196 Ringwood Road, Totton, Southampton, SO40 8EB

 

11. Events beyond the Supplier’s control

11.1 The Supplier shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond the Supplier’s reasonable control including, without limitation, strikes, lockouts and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

 

12. Invalidity

12.1 If any part of these terms and conditions is unenforceable (including any provision in which the Supplier excludes its liability to you) the enforceability of any other part of these conditions will not be affected.

 

13. Third Party Rights

13.1 No third party shall have any rights under the Contracts (Rights of Third Parties) Act 1999 in connection with this Agreement.

 

14. Entire Agreement

14.1 These terms and conditions, together with the Supplier’s prices as set out in the Catalogue and the details set out on your order form (as accepted by the Supplier) set out the whole of the Supplier’s agreement relating to the supply of the goods to you by the Supplier.
Nothing said by any sales person on the Supplier’s behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by the Supplier. Save for fraud or fraudulent misrepresentation, the Supplier shall have no liability for any such representation being untrue or misleading.

 

15. Applicable law

15.1 These terms of sale and the supply of the goods will be subject to English law, and the English courts will have jurisdiction in respect of any dispute arising from the contract

 

 

101 Forward Control Club & Register Ltd. Registered in England No. 04499629. 

Registered Office: 

c/o EJ Morris & Co, Broad Oak, Hand Lane, Heath Hill, Sherrifhales, Shropshire, TF11 8RP