These terms and conditions are the contract between you and Frogjam Motorsport Ltd (“us”, “we”, etc). By visiting or using Our Website, you agree to be bound by them.

We are Frogjam Motorsport Ltd, a company registered in England and Wales, with company number 14670080 and registered correspondence address at 17 Main Street, Ponteland, Newcastle Upon Tyne, NE20 9NH, United Kingdom.

You are: Anyone who uses Our Website and/or orders any Goods or Services from us.

Please read this agreement carefully. If you do not agree with it, you should leave Our Website immediately. You may wish to retain a copy of this agreement for future reference.

The terms and conditions:

1.            Definitions

In this agreement:

“Carrier”	means any person or business contracted by us to carry Goods from us to you.
“Content”	means any content in any form published on Our Website by us or any third party with our consent.
“Goods”	means any of the goods we offer for sale on Our Website, or, if the context requires, goods we sell to you.
“Our Website”	means any website of ours, and includes all web pages controlled by us.
"Post"	means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Our Website, and the phrases "Posted" and "Posting" shall be interpreted accordingly.
“Services”	means any of the services we offer on Our Website, or, if the context requires, services we provide to you.

2.            Interpretation

In this agreement unless the context otherwise requires:

• a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.
• these terms and conditions apply to all supplies of Goods or Services by us to any customer. They prevail over any terms proposed by you.
• any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;
• any obligation of any person arising from this agreement may be performed by any other person;
• in this agreement references to a party include references to a person to whom those rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that party.
• the headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation;
• a reference to an act or regulation includes new law of substantially the same intent as that act or regulation.
• in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party, such cost calculated £50 per hour.
• these terms and conditions apply in any event to you as a buyer or prospective buyer of our Goods and so far as the context allows, to you as a visitor to Our Website.
• this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.

3.            Our contract with you

• This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
• Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.
• If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
• Because we rely on our suppliers, we do not guarantee that Goods advertised on Our Website are available.
• We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods.
• If in future, you engage with us under any arrangement which does not involve your payment via Our Website; these terms still apply so far as they can be applied.
• We do not supply all Goods and Services in all locations. We may decline to deliver Goods or Services if you live in an area we do not serve.

4.            Acceptance of your order

• Your order is an offer to buy from us. Nothing that we do or say will amount to any acceptance of that offer until we actually dispatch the Goods to you or provide the Service.
• At any time before the Goods are despatched or Service provided, we may decline to supply the Goods or Services to you without giving any reason.
• If we do not have all of the Goods you order in stock or are unable to provide the Service, we will offer you alternatives. If this happens you may:
  • accept any alternative we offer; or
  • cancel all or part of your order.

5.            Price and payment

• The price payable for the Goods or Services that you order is clearly set out on Our Website.
• It is possible that the price may have increased from that posted on Our Website prior to your order being processed. If that happens, we will not despatch the Goods or provide the Service until you have confirmed that you wish to buy at the new price. If you do not wish to proceed, you may:
  • accept any alternative we offer; or
  • cancel all or part of your order.
• Prices advertised on Our website include value added tax (“VAT”), where applicable. If you show by your delivery address that you reside outside the United Kingdom, VAT will be deducted at the payment point.
• If you order is available in parts, you must pay us the full price of your order before we will dispatch or provide any part of it.
• Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than pounds Sterling will be borne by you.
• Any information given by us in relation to exchange rates are approximate only and may vary from time to time.
• If, by mistake, we have under-priced Goods or Services, we will not be liable to supply such Goods or Services to you at the stated price, and the provisions of clause 5.2 shall apply.
• The price of Goods and Services, where applicable, does not include delivery charges which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of Our Website. Such charges will be confirmed at the point of payment. If, for reasons outside of our control, delivery charges increase prior to your order being processed, the provisions of clause 5.2 shall apply.

6.            Security of your credit card

We take care to make Our Website safe for you to use.

• Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
• If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.

7.            Foreign taxes and duties

• If you are not in the UK, we have no knowledge of, and no responsibility for, the laws in your country.
• You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.

8.            Cancellation and refunds

This section 8 applies if you buy as a consumer as defined in the Consumer Rights Act 2015 (a “Consumer”):

• The following rules apply to cancellation of your order:
• If you have ordered Goods, but not received them, you may cancel your order without giving a reason, at any time within 14 days of your order. You will have no obligation and we will return your money.
• If you have ordered Goods, and received them, you may cancel your order at any time within 14 days of the date you received them. You must tell us that you wish to cancel and return the Goods to us in accordance with our Returns policy within that same 14 day period.
• If you have ordered Services, you may cancel your order at any time within 14 days of placing your order, or delivery of the Services, whichever is the earliest. We may deduct from any refund an amount for the supply / preparation for supply of the Service during the period ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied / prepared, and will at all times be subject to our discretion.
• Please note that some Services may comprise a composite package of Goods and Services. In any such case, the relevant provisions of this agreement shall apply to each part of that package and, in the event of cancellation of such Service, any refund owed will be apportioned accordingly.
• We will return your money subject to the following conditions:
  • we receive any relevant Goods in a condition in which we can re-sell them at full price, in new condition, with labels and packaging intact.
  • you comply with our procedure for returns and refunds. We cannot return your money unless we know who sent them.
• The option to cancel your order is not available for Goods that are bespoke items made or ordered to your specifications.
• You are responsible for the cost of returning the Goods. We have no obligation to refund to you, your cost of re-packing and returning the Goods.
• In any of the above scenarios, we will return any monies owed to you to the credit or debit card with which payment was made within 14 days of cancellation of your order or receipt of return of Goods, whichever is the latest.

9.            Liability for subsequent defects

• Please examine the Goods received from us immediately you receive them. If you do not tell us of any defect or problem within 14 days of receipt of the Goods, we shall assume that you have accepted them.
• The procedure to return faulty Goods is as follows:
  • the Goods must be returned to us as soon as any defect is discovered but not later than three months from receipt by you.
  • please follow the returns procedure provided on our website.
• We will return your money subject to the following conditions:
  • we receive the Goods with labels and packaging intact.
  • you comply with our returns procedure. We cannot return your money unless we know who sent them.
  • you tell us clearly what is the fault you have identified, when it first became apparent, and other information to enable us to identify or reproduce it.
• If any defect is found, then we shall:
  • repair or replace the Goods, or
  • refund the full cost you have paid including the cost of returning the Goods.
• We will at all times retain full discretion as to the confirmation of any fault and subsequent treatment of any defective Goods.
• The following circumstances do not justify or constitute material defects if they are the cause of the defect:
  • natural wear and tear;
  • improper use;
  • inadequate or incorrect care of the goods;
  • unsuitable or improper use;
  • incorrect installation, in particular if the part ordered is clearly not the right one;
  • failure to observe instructions for use;
  • incorrect treatment/handling.

10.       Delivery

• Goods are normally delivered in line with the delivery policy published on our website.
• Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept the delivery.
• We may deliver Goods in instalments if they are not all available at the same time for delivery. If you request delivery in instalments, we reserve the right to require payment of additional delivery charges.
• Goods are sent at our risk until signed for by you or by any other person at the address you have given to us, at which point they become your responsibility.
• When your Goods arrive, it is important that you check immediately the condition and quantity. If your Goods have been damaged in transit, you must refuse the delivery and immediately contact us so that we may dispatch a replacement quickly and minimise your inconvenience.
• If we agree with you to deliver on a particular day or at a particular time, we will do our best to comply. Time for delivery specified on the order, if any, is an estimate only and shall not be treated as contractually binding; time shall not be of the essence. We are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.

11.       Goods returned

These provisions apply if you buy from us other than being a Consumer. The following rules apply to return of faulty Goods only:

• We do not accept returns unless there was a defect in the Goods at the time of purchase, or we have agreed in correspondence that you may return them.
• The Goods must be returned to us as soon as any defect is discovered but not later than 14 days following receipt of such Goods.
• So far as possible, Goods should be returned:
  • with both Goods and all packaging as far as possible in their original condition;
  • securely wrapped;
  • including our delivery slip;
  • at your risk and cost.
• The procedure for return of Goods is set out on Our Website. If you do not follow this procedure, we may be unable to identify you as the sender of the Goods.
• When returning faulty Goods please enclose with them a note clearly stating the fault and when it arises or arose.
• If we agree that the Goods are faulty, we will:
  • refund the cost of return carriage;
  • repair or replace the Goods as we choose.
• If we repair or replace the Goods, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect.

12.       Delivery of Services

• We will perform any Services we agree to provide with reasonable care and skill.   
• If we fail to perform the Services in accordance with clause 12.1 or at all, then your sole remedy will be for the specific performance only of those Services by us. 
• In this clause 12, time will not be of the essence, so any timescales given by us to you in respect of the performance of the Services are approximate only.

 

13.       Disclaimers

• The law differs from one country to another. This paragraph applies so far as the applicable law allows.
• All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979 (as amended) and the Consumer Rights Act 2015 (as amended)) are, to the fullest extent permitted by law, excluded from this agreement.
• All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
• We make no representation or warranty for:
  • any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;
  • the adequacy or appropriateness of the Goods for your purpose.
• We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
• We shall have no liability for incorrect Goods or Services purchased by you once your cancellation rights set out in clause 8 have elapsed.
• Once Goods or Services have been delivered to you, responsibility for them transfers to you. For the avoidance of doubt, this means we bear no responsibility for – and shall have no liability in connection with – installation, alteration, use or any other subsequent action which you or any third party may undertake in connection with the Goods or Services.
• You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the relevant Goods or Services concerned.
• We shall not be liable to you for any loss or expense which is:
  • indirect or consequential loss, special or punitive loss, damage, costs or expenses (including any losses to third parties, losses relating to vehicle recovery / replacement / hire vehicles, diagnostics or otherwise); or
  • economic loss or other loss of turnover, profit, business or goodwill, even if such loss was reasonably foreseeable or we knew you might incur it.
• This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this provision under the Contracts (Rights of Third Parties) Act 1999, as well as to us.
• Nothing in these terms excludes or limits our liability for any matter for which it would be illegal for us to exclude, or attempt to exclude, or liability.

14.       Your account with us

• You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.
• If you use Our Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your account.
• You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.

15.       How we handle your Content

• Our privacy policy is compliant with the Data Protection Act 2018 and is located at https://frogjammotorsport.co.uk/policies/privacy-policy
• Please notify us as soon as reasonably possible of any security breach or unauthorised use of your account.

16.       Security of Our Website

If you violate Our Website we shall take legal action against you.

You now agree that you will not, and will not allow any other person to:

• modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
• link to Our Website in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
• download any part of Our Website, without our express written consent;
• collect or use any product listings, descriptions, or prices;
• collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
• aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website;
• share with a third party any login credentials to Our Website.
• Despite the above terms, we now grant a licence to you to:
  • create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
  • you may copy the text of any page for your personal use in connection with the purpose of Our Website.

17.       Indemnity

You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:

• your failure to comply with the law of any country;
• your breach of this agreement;
• any act, neglect or default by any agent, employee, licensee or customer of yours;
• a contractual claim arising from your use of the Goods or Services;
• a breach of the intellectual property rights of any person.

18.       Intellectual Property

• We will defend the intellectual property rights in connection with our Goods and Services and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
• Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
• You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.
• Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.

19.       Dispute resolution

The following terms apply in the event of a dispute between the parties:

• If you are not happy with our services or have any complaint then please tell us by email message to support@frogjammotorsport.co.uk.
• If a dispute is not settled as set out above, we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration.

20.       Miscellaneous matters

• When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
• Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods or Service for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service.
• If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
• The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
• No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
• Except where otherwise stated, this agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
• Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control.
• In the event of any conflict between any term of this agreement and the provisions of our corporate constitution, then the terms of this agreement shall prevail.
• The validity, construction and performance of this agreement shall be governed by the laws of England and Wales and you agree that any dispute arising from it shall be litigated only in that country.
• If you become aware of any breach of any term of this agreement by any person, please tell us by emailing support@forgjammotorsport.co.uk. We welcome your input.