1. DEFINITIONS
1.1 "Buyer" means the individual or organisation who buys or agrees to buy the Goods from the Seller;
1.2 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3 "Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
1.4 "Goods" means the articles that the Buyer agrees to buy from the Seller;
1.5 "Seller" tsr-performance.com and TSR Performance, 1 Stockmoor Park, Taunton Road, Bridgwater, Somerset
TA6 6LD, United Kingdom
1.6 "Terms and Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
2. CONDITIONS
2.1 Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
3. ORDERING
3.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
3.2 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 30 days.
3.3 Goods purchased over the value of £50.00 will be delivered to the payment address where the card is registered. We cannot deliver to a different delivery address so please bear this in mind when ordering. Your goods will automatically be delivered to your default payment address.
4. PRICE AND PAYMENT
4.1 The Price of the Goods shall be that stipulated on the Seller's Website. The Price includes delivery charges where stated if delivered within the United Kingdom. Additional delivery charges are payable if delivery is outside of the United Kingdom as described on the order page.
4.2 The total purchase price, including delivery charges, if any, will be displayed in the Buyer's shopping cart prior to confirming the order.
4.3 After the order is received the Seller shall confirm by email the details, description and price for the Goods, together with Buyers shipping address and login details to track the order.
4.4 Payment of the Price plus delivery charges must be made in full before dispatch of the Goods.
5. RIGHTS OF SELLER
5.1 The Seller reserves the right to adjust the price and specification of any item on the Website at its discretion.
5.2 The Seller reserves the right to withdraw any goods from the Website at any time.
5.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
6 ENTITLEMENT OF GOODS
6.1 If the Seller discovers that the Buyer is not legally entitled to order certain Goods, the Seller shall be entitled to cancel the order immediately, without notice.
7. WARRANTY
The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller. Except where the Buyer is dealing as a Consumer, all other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyer's purpose. Alloy wheels must be inspected by the Buyer for damage or other visible defects prior to signing shippers delivery note and Buyer must refuse delivery if not totally satisfied items have arrived in good condition. ANY damage or visible faults MUST be notified to us immediately (within 24hrs) to qualify the Buyer for replacement. No alloy rims to which the buyer has tyres fitted by a 3rd party qualify for warranty replacement due to surface damage or scratching. Please check rims BEFORE having any tyres fitted.
8. CANCELLATION AND RETURN
8.1 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller by emailing
sales@tsr-performance.com within 24hrs of delivery if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.
8.2 Where a claim of defect or damage is made, the Goods shall be returned by the Buyer to the Seller. The Buyer shall be entitled to a full refund (including delivery costs) plus any return postal charges if the Goods are in fact defective.
8.3 If you are a consumer you have the right, in addition to your other rights, to cancel the Contract and receive a refund by informing the Seller via email to: sales@tsr-performance.com or writing to us at unit 1 Stockmoor Park, Taunton Road, Bridgwater, TA6 6LD United Kingdom" within 7 working days of receipt of the Goods, as long as Goods are unused and not damaged.
8.4 Goods must be returned by the Buyer at the Buyer's expense and should be adequately insured during the return journey. The Buyer will receive a refund of all monies paid for the Goods (including delivery charges, if any) except for return postal charges within 30 days of cancellation. If the Buyer fails to return the Goods following cancellation, the Seller shall be entitled to deduct the cost of recovering the Goods from the Buyer.
8.5 Goods to be returned must clearly show the order number obtained from the Seller on the package.
8.6 Where returned Goods are found to be damaged due to the Buyer's fault, the Buyer will be liable for the cost of remedying such damage, including any shipping and delivery charges incurred, or if damaged beyond economic repair, the total value of the goods.
9. LIMITATION OF LIABILITY
9.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any direct, indirect, incidental or consequential loss or damage whatsoever.
9.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller's agents or employees.
10. WAIVER
No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
11. FORCE MAJEURE
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
12. SEVERANCE
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
13. CHANGES TO TERMS AND CONDITIONS
The Seller shall be entitled to alter these Terms and Conditions at any time. but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
14. GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
Disclaimer of Warranty for Racing and competition
Purchasers understand and recognise that racing parts and equipment used in competition, such as disc brakes, hubs,engines,gearboxes,turbos etc. and all parts, inventory and services manufactured and/or sold by TSR Performance are exposed to many and varied conditions due to the manner in which they are installed and used. Purchasers and TSR Performance consciously desire to make their own bargain, irrespective of any court decision and purchasers agree upon good faith and in consideration for being allowed to purchase from TSR Performance does not make any affirmation of fact or promise to purchase which relates to said parts, inventory or services, that becomes part of the basis of the bargain between TSR Performance and purchasers. Nor does TSR Performance make, or cause to be made to purchaser any description of the goods sold to purchaser nor does TSR Performance make, or cause to be made, as part of the basis of the bargain with purchasers any description of affirmation of fact concerning any sample or model of racing parts, and equipment inventory or service.
As further consideration for purchasers using TSR Performance racing parts and equipment any and all inventory and services, purchasers acknowledge that due to the differeing conditions and circumstances under which all equipment and parts are installed and used, purchasers are not relying on TSR Performance skill or judgement to select or furnish the proper part or equipment. Purchasers expressly affirm they are relying upon their own skill or judgement to select and purchase suitable goods.
TSR Performance makes no warranties whatsoever, expressed or implied, oral or written, to purchasers. There is no warranty of merchantability made to purchasers. TSR Performance further excludes any implied warranty of fitness with respect to racing and equipment, any and all inventory, and service.
It is expressly understood and agreed between purchasers and TSR Performance that as part of the bargain between TSR Performance and purchasers, and in consideration of doing business with each other, all purchasers take, select and purchase said racing parts, equipment, any and all inventory, or services from TSR Performance “as is” and “with all faults” and TSR Performance shall always provide purchasers with a full and complete opportunity to examine, at purchasers’ leisure and convenience, any racing parts, and equipment, any and all inventory, or services when purchasing or contemplating purchasing from TSR Performance.
If, and in the event that purchasers expressly or impliedly cause representations, or statements or affirmations of fact contrary to this disclaimer of all warranties, expressed or implied, then purchasers agree to indemnify and hold harmless TSR Performance in the event of any claim, demand or legal action against TSR Performance by any purchaser.
Purchasers understand and agree that no officer, director, employee, or salesman of TSR Performance has any authority to make any statement contrary to the terms of this agreement. On the contrary TSR Performance disavows any statement contrary to what is herein above written.
Further clarification can be obtained by emailing us at sales@tsr-performance.com or telephoning us on
+44 (0)1278 453036
All prices include VAT.