Terms & Conditions

These Terms set out our and your legal rights and obligations in relation to the Goods sold to you by us.  Please read them carefully and make sure you understand them before purchasing any Goods from us.

Agreement

1. Definitions and interpretation
   • In these Terms, the following definitions are used:

Customer  you (the person who purchases the Goods from the Seller);

Goods  the goods that are being sold to the Customer as set out in the Order;

Order  the Customer’s order for the Goods;

Seller  the person or business who is selling the Goods known as Blacktrac Ltd;

Special Order  Goods made to Specification as set out in the clause below (Special Order Goods);

Specification  any description of the Goods provided by the Customer and agreed in writing by the Seller;

Terms the terms and conditions set out in this document, including any Order or Specification.

• In these Terms, unless the context requires a different interpretation:
  the singular includes the plural and vice versa;
  references to sub-clauses, clauses, schedules or appendices are to sub-clauses, clauses, schedules or appendices of these Terms;
  a reference to a person includes firms, companies, government entities, trusts and partnerships;

“including” is understood to mean “including without limitation”;
reference to any statutory provision includes any modification or amendment of it;
the headings and sub-headings do not form part of these Terms; and
“writing” or “written” in these Terms, this will include e-mail unless otherwise stated.

2. The basis of the sale of the Goods
   • These are the Terms on which all Goods are sold to the Customer.
   • If any of these Terms conflict with any terms of the Order, the Terms will take priority. The Seller accepts responsibility for statements and representations made by its duly authorised agents. It is the Customer’s responsibility to read these Terms and the Order and to ensure that the Order is complete and accurate (even if it has been written by the Seller).
   • The Seller will accept an Order from the Customer by:
3. Telephone
4. E-mail
5. Post

Once the Order is placed, it is legally binding upon the Customer.  Any changes by the Customer may only be made with the agreement of the Seller.

• Submission of the Order does not mean that the Seller has accepted it. If the Seller is unable to supply the Goods, the Seller will inform the Customer of this and will not process the Order.
• These Terms will become binding on the Customer and the Seller when the Seller contacts the Customer to confirm that it is able to provide the Goods, at which point an agreement on the Terms will come into existence between the Customer and the Seller.

3. Delivery of Goods
   • Timescales for delivery and delivery charges will vary depending on the availability of the Goods and the Customer’s address. Whilst the Seller will use all reasonable endeavours to meet any delivery dates, all delivery dates are estimates and approximate only.  The Seller cannot guarantee delivery dates and times and time shall not be the essence for delivery of the Goods.  It is the responsibility of the Customer to ensure that the Goods arrive prior to important dates.
   • Delivery of an Order will be completed when the Seller delivers the Goods to the address on the Order or when the Customer collects them, at agreed times. The Goods will become the responsibility of the Customer from the completion of delivery or Customer collection.
   • The Seller may employ a reputable carrier to deliver the Goods. If the Customer is asked for a signature upon delivery, it is the responsibility of the Customer to examine Goods before signing.
   • Occasionally, delivery to the Customer may be affected by circumstances beyond the control of the Seller. See clause below (Circumstance beyond the control of the Seller) for the Seller’s responsibilities when this happens.
   • If the Seller is not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, the Seller may deliver the Order in instalments and will attempt to contact the Customer to notify them of this in advance. In these circumstances and when Goods are sold on any periodic, regular or recurring basis, each instalment or delivery shall constitute a separate contract governed by these Terms.  If the Seller is late delivering an instalment or one instalment is faulty, it will not entitle the Customer to cancel any other instalment.
   • The Customer does not own the Goods until the Seller has received payment in full.
   • If Goods are to be delivered outside the United Kingdom, the Customer will be responsible for:
     • ensuring that the address is in a country to which the Seller will carry out a delivery. The Customer must check with the Seller for a list of countries where delivery may take place: and
     • the payment of import duties and taxes which are applied when the delivery reaches that destination. The Seller has no control over these charges and cannot predict their amount.  The Customer must contact their local customs office before placing an Order; and
     • compliance with all applicable laws and regulations of the country for which the Good are destined. The Seller will not be liable or responsible if the delivery is a breach of any local law or regulation.

4. Price and payment
   • Unless the Seller states otherwise in writing, the price of the Goods shall be the quoted price or, where no price has been quoted (or a quoted price is no longer valid) the Seller’s price list in force at the times of the Order.
   • Prices may change at any time, but price changes will not affect Orders that have been accepted by the Seller under these Terms.
   • These prices are subject to VAT at the relevant rate as shown on the price list. Where applicable, the prices for the Goods exclude delivery costs, details of which are available from the Seller and which will be added to the total amount due.
   • Payment for Goods and any delivery charges may be made by all major credit or debit cards, cash, bankers draft, bank transfer or cheque. Payment made by credit card may be subject to a handling fee, details of which are available from the Seller.
   • Payment must occur at the time that the Goods are ordered, as set out in these Terms.
   • The Customer shall pay all amounts due under the Terms in full.

5. Special order goods
   • It is the Customer’s responsibility to ensure that the Order for Special Order Goods is based upon accurate information and the correct choice of Special Order Goods. Unfortunately, the Seller cannot accept the return of Special Order Goods, if the reason for the return is because the Customer has provided incorrect information or has made the wrong choice. .

6. Guarantees
   • Where Goods provided by the Seller come with a manufacturer’s guarantee, the details are set out in the manufacturer’s guarantee provided with the Goods.
   • Any guarantee in this clause is in addition to the Customer’s statutory rights in relation to Goods that are faulty or not as described.

7. The Seller’s liability
   • Nothing in the Terms shall exclude or limit Seller’s liability for death or personal injury resulting from the Seller’s negligence or for any breach of the statutory implied undertakings as to title to the Goods or for fraud or any other liability which may not be limited or excluded by law.

• In all other cases, the aggregate liability of the Seller, its employees and agents, whether in contract, for (including negligence and breach of statutory duty) or otherwise howsoever arising shall not exceed the price of the Goods in respect of which the claim is made.

• In no circumstances will the Seller, its employees or agents be liable for any business interruption, loss of use, revenue, contracts, profits, goodwill, loss of anticipated savings, loss arising from third party claims or any special, indirect, economic or consequential loss (whether or not foreseeable).

8. Circumstances beyond the control of the Seller
   • The Seller will not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from any cause that is beyond its reasonable control. In these circumstances:
     • the Seller will contact the Customer as soon as reasonably possible to notify the Customer. The Seller’s obligations under these Terms will be suspended and the time for performance of the Seller’s obligations will be extended for the duration of the circumstances beyond its control.  Where necessary, the Seller will contact the Customer to arrange a new delivery date with the Customer after circumstances beyond its control are over; and
     • if the Customer no longer wants to buy the Goods, it can cancel the Order under the clause below (Customer’s cancellation rights).
   • If the circumstances beyond the Seller’s control continue for more than 4 weeks, the Seller may cancel the Order and refund money paid by the Customer in advance.
   • Where the Customer has ordered Special Order Goods and where the work has begun, no refunds will be given, but neither will the Customer owe any outstanding amounts.

9. Customer’s cancellation rights
• The Customer may cancel an Order in the following circumstances:
  • in the event of circumstances beyond the Seller’s control where the Customer no longer wishes to buy the Goods.
• If the Consumer Protection (Distance Selling) Regulations 2000 applies to any Order for Goods, the Customer may cancel the Order by contacting the Seller in writing during the seven working days starting from the day after the date that the Goods are received. Working days means that Saturdays, Sundays or public holidays are not included in this period.
• The Customer cannot cancel the Order (other than for reasons of product default or mis-description) in the case of Special Order Goods
• If the Customer decides not to keep the Goods or to cancel an Order as permitted under this clause, then except as stated in the clause below (faulty or defective goods):
  • The Customer must inform the Seller of this in writing by sending an email, by delivering a letter by hand or by posting a pre-paid letter, in each case to the Seller at the address set out in the clause below (Important contact details). The Seller may reply by email or by pre-paid letter to the Customer’s address;
  • The Customer must return the Goods in their original packaging, where applicable, to the Seller’s address for returns set out on the Seller’s website or as set out in the clause below (Important contact details), as soon as reasonably practical and at their own cost;
  • The Customer undertakes to take all reasonable measures to ensure that the Goods reach the Seller without being damaged or lost. The Seller may claim compensation for the Customer for returned Goods which have been damaged whilst in the possession of the Customer;
  • The Customer must return the Goods in the same condition as they were sold;
  • The Seller will refund the price paid for the Goods and any applicable delivery charges paid for by the Customer. The Seller will process the refund using the method by which payment was originally made as soon as possible and, in any event, within 30 calendar days of the day on which the Customer gave the Seller notice of the cancellation.  If payment has been made by debit or credit card, the Seller will refund the debit or credit card used to make the payment.
• In the unlikely event that the Goods are faulty, defective, wrongly delivered or mis-described, the Customer must give the Seller notice of cancellation as set out above and:
  • as well as refunding the price paid for the Goods and any applicable delivery charges paid for by the Customer, the Seller will refund the Customer’s costs of returning the Goods to the Seller’s address for returns;
  • Goods need not be returned in the same condition as sold, but the Customer must return the Goods in the best possible condition; and
  • Goods should be returned with the original packaging, if available, but will be accepted without the original packaging provided that the Customer takes all reasonable measures to ensure that the Goods reach the Seller without being further damaged or lost.
• The right of cancellation and return of the Gods in this clause do not affect the statutory rights of a consumer in relation to Goods that are faulty or not as described.
10. Important contact details
    • The Seller is Blacktrac Ltd, a company registered in England and Wales under company registration number 7450985 and with its registered office at 6 North Street, Oundle, Peterborough, PE8 4AL. The registered VAT number is 102994418.
    • The Customer can contact the Seller by telephoning 01933 272662 or by emailing at sales@blacktrac.co.uk. For notice in writing required by these Terms, including any notice cancelling an Order, the notice may be provided by email, by hand, or by pre-paid post to Blacktrac Ltd at Unit 8 Everitt Close, Denington Road Ind Estate, Wellingborough, Northants, NN8 2QF. The Seller will contact the Customer by email, by hand, or by pre-paid post to the address in the Order
      

11. Data protection
    • The Seller will use the personal information provided by the Customer to:
      • provide the Goods; or
      • process payment for such Goods; and
      • inform the Customer about similar products or services. The Customer may stop receiving information at any time by contacting the Seller in writing.
    • The Seller will not give the Customer’s personal data to any third party with the agreement in writing of the Customer.

12. Miscellaneous
    • These Terms and the Order contain the whole agreement between parties relating to its subject matter.
    • The Seller may transfer its rights and obligations under these Terms to another person or organisation, and will always notify the Customer in writing if this happens, but this will not affect the Customer’s rights or the Seller’s obligations under these Terms.
    • This agreement is between the Seller and the Customer. No other person will have any rights to enforce any of its terms.  The Customer has the right to enforce the manufacturer’s guarantee.
    • Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    • Any failure by the Seller to insist the Customer perform any obligation or failure or delay by the Seller in enforcing its rights does not mean that it has waived its rights against the Customer. Any waiver by the Seller will be in writing.
    • These Terms will be governed by and interpreted according to English law. This means the Order for the purchase of Goods and any dispute or claim arising out of or in connection with it or these Terms will be governed by English law.  All disputes arising under these Terms will be subject to the exclusive jurisdiction of the English courts.