Terms and Conditions

T&E Racing – Website Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

What's in these terms?

These terms tell you the rules for using our website www.teracing.co.uk (our site).

Who we are and how to contact us

teracing.co.uk is a site operated by CCT&E Services Limited (us, we, our). We are a limited company registered in England and Wales under company number 10012872 and have our registered office at 1st Floor Enterprise House, 202-206 Linthorpe Road, Middlesbrough, Cleveland, England, TS1 3QW. Our main trading address is Rock Lobster Cottage, Tore, Inverness, IV6 7SA. Our VAT number is 233 815 613.

To contact us, please email us on info@teracing.co.uk.

By using our site you accept these terms

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use our site.

We recommend that you print a copy of these terms for future reference.

There are other terms that may apply to you

These terms of use refer to the following additional terms, which also apply to your use of our site:

· Our Privacy Policy

· Our Cookie Policy which sets out information about the cookies on our site.

If you purchase goods or services from us on our site, our Terms and Conditions of Supply will apply to the sales.

We may make changes to these terms

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on [DATE].

We may make changes to our site

We may update and change our site from time to time to reflect changes to our products, our users' needs and our business priorities.

We may suspend or withdraw our site

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

Our site is only for users in the UK

Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate for use or available in other locations.

You must keep your account details safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us by contacting us via e-mail on info@teracing.co.uk.

How you may use material on our site

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy, download, share or repost any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

No text or data mining, or web scraping

You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our site or any services provided via, or in relation to, our site. This includes using (or permitting, authorising or attempting the use of):

· Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the site or any data, content, information or services accessed via the same.

· Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.

The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).

This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.

This site, its content and any services provided in relation to the same are only targeted to, and intended for use by, individuals located in the United Kingdom. By continuing to access, view or make use of this site and any related content and services, you hereby warrant and represent to us that you are located in the United Kingdom.

Do not rely on information on this site

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

We are not responsible for websites we link to

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

How to complain about or report content

If you become aware of any material that is illegal or could comprise or be connected to child sexual abuse or exploitation or could comprise terrorist content or be connected to terrorism, please contact us immediately via e-mail on info@teracing.co.uk.

If you wish to complain about any other content, please contact us via e-mail on info@teracing.co.uk.

Our responsibility for loss or damage suffered by you

Whether you are a consumer or a business user:

· We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

· Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms and Conditions of Supply.

If you are a business user:

· We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.

· We will not be liable to you for any loss or damage, whether in contract, delict or tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

· use of, or inability to use, our site; or

· use of or reliance on any content displayed on our site.

· In particular, we will not be liable for:

· loss of profits, sales, business, or revenue;

· business interruption;

· loss of anticipated savings;

· loss of business opportunity, goodwill or reputation; or

· any indirect or consequential loss or damage.

If you are a consumer user:

· Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

· If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

How we may use your personal information

We will only use your personal information as set out in our Privacy Policy.

Rights you are giving us to use material you send us

When you send or post content to us, you grant us the following rights to use that content:

· a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the website and across different media including to promote the site or the service to expire when the you ask us to delete the content from the site; and

· a worldwide, non-exclusive, royalty-free, transferable licence for other users, partners or advertisers to use the content for their purposes to expire when you ask us to delete the content from the site.

We are not responsible for viruses and you must not introduce them

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Rules about linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on our site other than that set out above, please contact us via e-mail on info@teracing.co.uk.

Which country's laws apply to any disputes?

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by Scots law. You and we both agree that the courts of Scotland will have exclusive jurisdiction except that if you are a resident of England and Wales, you may also bring proceedings in England and Wales, and if you are resident of Northern Ireland you may also bring proceedings in Northern Ireland.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by Scots law. We both agree to the exclusive jurisdiction of the courts of Scotland.

Our trade marks are registered

"T&E Racing" is a trade mark of CCT&E Services Limited. You are not permitted to use them without our approval, unless they are part of material you are using as permitted under How you may use material on our site.

T&E Racing – Terms and Conditions of Supply

Important information and who we are

CCT&E Services Limited, incorporated and registered in England and Wales with registration number 10012872 and having its registered office at 1st Floor Enterprise House, 202-206 Linthorpe Road, Middlesbrough, Cleveland, England, TS1 3QW, trading as T&E Racing (us, we, our). Our main trading address is Rock Lobster Cottage, Tore, Inverness, IV6 7SA. Our VAT number is 233 815 613.

Where to find information about us and our products

You can find everything you need to know about us and our products on our website or from our sales staff before you order. We also confirm the key information to you in writing after you order by email.

We don’t give business customers all the same rights as consumers

For example, business customers can't cancel their orders, they have different rights where there is a problem with a product and we don't compensate them in the same way for losses caused by us or our products. Where a term applies just to businesses or just to consumers, this is clearly stated. You are a business customer if you are buying products wholly or mainly for use in connection with your trade, business, craft or profession, even if you are an individual.

When you buy from us you are agreeing that:

·         We only accept orders when we've checked them.

·         Sometimes we reject orders.

·         We charge you when you order.

·         We charge interest on late payments.

·         We pass on increases in VAT.

·         We're not responsible for delays outside our control.

·         Products can vary slightly from their pictures.

·         You're responsible for making sure any measurements or information you provide to us are accurate.

·         We charge you if you don't give us information we need or do preparatory work as agreed with us.

·         You have a legal right to change your mind.

·         You can end an on-going contract (find out how).

·         You have rights if there is something wrong with your product.

·         We can change products and these terms.

·         We can suspend supply (and you have rights if we do).

·         We can withdraw products.

·         We can end our contract with you.

·         We don't compensate you for all losses caused by us or our products.

·         We use your personal data as set out in our Privacy Notice.

·         You have several options for resolving disputes with us.

·         Other important terms apply to our contract.

If you are a business customer this is our entire agreement with you

If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in these terms and that you have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

We only accept orders when we've checked them

We contact you to confirm we've received your order and we accept it when we dispatch or supply the product and confirm dispatch or supply to you.

Sometimes we reject orders

Sometimes we reject orders, for example, because a product is unexpectedly out of stock or because the product was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid.

We charge you when you order

However, for some products we may take payment at regular intervals, as explained to you during the order process. You will own any goods you buy once we have received payment for them in full.

If you are a business customer you have no set-off rights

If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

We charge interest on late payments

If we're unable to collect any payment you owe us we charge interest on the overdue amount at the rate of 4% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.

We pass on increases in VAT

If the rate of VAT changes between your order date and the date we supply the product, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.

We're not responsible for delays outside our control

If our supply of your product is delayed by an event outside our control, we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay, but if the delay is likely to be substantial you can contact us on info@teracing.co.uk to end the contract and receive a refund for any products you have paid for in advance, but not received.

Products can vary slightly from their pictures

A product's true colour may not exactly match that shown on your device or its packaging may be slightly different.

You're responsible for making sure your measurements are accurate

If we're making or supplying the product to measurements you provide, you're responsible for making sure those measurements are correct. Find information and tips on how to measure by contacting us via e-mail on info@teracing.co.uk.

We charge you if you don't give us information we need or do preparatory work as agreed with us

We charge you additional sums if you don't give us information we've asked for about how we can access your property for delivery, installation or to provide services or if you don't do preparatory work for installation, as agreed with us.

If you are a Consumer and bought online or over the telephone, you have a legal right to change your mind

Your legal right to change your mind. For most of our products bought online or over the telephone, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it, including the delivery costs. This is subject to some conditions, as set out below.

Your legal rights

14 days to change your mind: online and telephone sales only.

You pay costs of return

When you can't change your mind. You can't change your mind about an order for:

·         services, once these have been completed;

·         goods that are made to your specifications or are clearly personalised; and

·         goods which become mixed inseparably with other items after their delivery.

The deadline for changing your mind. If you change your mind about a product you must let us know no later than 14 days after:

·         the day we deliver your product, if it is goods.  If the goods are for regular delivery (for example, a subscription), you can only change your mind after the first delivery. If the goods are split into several deliveries over different days, the period runs from the day after the last delivery.

·         the day we confirm we have accepted your order, if it is for a service.

How to let us know. To let us know you want to change your mind, contact us via e-mail on info@teracing.co.uk.

You have to return the product at your own cost. If your product is goods, you have to return it (and any free gifts provided with it) to us within 14 days of your telling us you have changed your mind. Returns are at your own cost, unless we offered free returns when you bought the goods.  You can send the product back to us using an established delivery service. If you do this you should keep a receipt or other evidence from the delivery service that proves you have sent it and when you sent it. If you don’t do this and we don’t receive the goods at all or within a reasonable time we won't refund you the price. For help with returns, including our collection arrangements for goods which can't be posted, contact us via e-mail on info@teracing.co.uk.

We only refund standard delivery costs. We don't refund any extra you have paid for express delivery or delivery at a particular time.

You have to pay for services you received before you change your mind. If you bought a service, we don't refund you for the time you were receiving it before you told us you'd changed your mind.

We reduce your refund if you have used or damaged a product. If you handle the product in a way which would not be acceptable in-store, we reduce your refund, to compensate us for its reduced value. For example, we reduce your refund if the product's condition is not "as new", price tags have been removed, the product-branded packaging is damaged or accessories are missing. In some cases, because of the way you have treated the product, no refund may be due.  We can advise you on whether we're likely to reduce your refund by contacting us via e-mail on info@teracing.co.uk.

When and how we refund you. If your product is a service or goods that haven't been delivered or that we're collecting from you, we refund you as soon as possible and within 14 days of you telling us you've changed your mind. If your product is goods that you're sending back to us, we refund you within 14 days of receiving them back from you (or receiving evidence you've sent them to us). We refund you by the method you used for payment. We don't charge a fee for the refund.

You can end an on-going contract (find out how)

We tell you when and how you can end an on-going contract with us (for example, for regular services or a subscription for goods) during the order process and we confirm this information to you in writing after we've accepted your order. If you have any questions, please contact us via e-mail at: info@teracing.co.uk.

If you are a Consumer, you have rights if there is something wrong with your product

If you think there is something wrong with your product, you must contact us immediately via e-mail at info@teracing.co.uk.  We honour our legal duty to provide you with products that are as described to you on our website and that meet all the requirements imposed by law. Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk.  Remember too that you have several options for resolving disputes with us.

Summary of your key legal rights

If your product is goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

·         Up to 30 days: if your goods are faulty, then you can get a refund.

·         Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.

·         Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.

If your product is services, the Consumer Rights Act 2015 says:

·         You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.

·         If a price hasn't been agreed upfront, what you're asked to pay must be reasonable.

·         If a time hasn't been agreed upfront, it must be carried out within a reasonable time.

Your rights if you are a business customer. We warrant that on delivery, any products which are goods shall:

·         conform in all material respects with their description and any relevant specification;

·         be free from material defects in design, material and workmanship;

·         be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and

·         be fit for any purpose held out by us.

Your remedies if you are a business customer. Unless an exception applies (see Exceptions to business customers' warranty) if:

·         you give us notice in writing within a reasonable time of discovery that a product does not comply with the business customer warranty (see Your rights if you are a consumer);

·         we are given a reasonable opportunity of examining such product; and

·         you return such product to us at our cost,

we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full and this will be your only remedy for breach of the warranty. These terms shall apply to any repaired or replacement products supplied by us.

Exceptions to business customers' warranty. We will not be liable for a product's failure to comply with the business customer warranty (see Your rights if you are a business customer) if:

·         you make any further use of such product after telling us it is non-compliant;

·         the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;

·         the defect arises because we followed any drawing, design or specification supplied by you;

·         you alter or repair the product without our written consent; or

·         the defect arises because of fair wear and tear, wilful damage, negligence, or abnormal working conditions.

We can change products and these terms

Changes we can always make. We can always change a product:

·         to reflect changes in relevant laws and regulatory requirements;

·         to make minor technical adjustments and improvements. These are changes that don't affect your use of the product.

Changes we can only make if we give you notice and an option to terminate. We can also make the following types of change to a product or these terms, but if we do so we'll notify you and you can then contact us via e-mail at info@teracing.co.uk to end the contract before the change takes effect and receive a refund for any products you've paid for in advance, but not received.

We can suspend supply (and you have rights if we do)

We can suspend the supply of a product. We do this to:

·         deal with technical problems or make minor technical changes;

·         update the product to reflect changes in relevant laws and regulatory requirements; or

·         make changes to the product (see We can change products and these terms).

We let you know, may adjust the price and may allow you to terminate. We contact you in advance to tell you we're suspending supply, unless the problem is urgent or an emergency. If we suspend a product, we adjust the price so you don't pay for it while its suspended. If we suspend supply, or tell you we're going to suspend supply, you can contact us via e-mail at info@teracing.co.uk to end the contract and we'll refund any sums you've paid in advance for products you won't receive.

We can withdraw products

We can stop providing a product, such as an ongoing service or a subscription for goods. We will let you know at least 1 week in advance and we refund any sums you've paid in advance for products which won't be provided.

We can end our contract with you

We can end our contract with you for a product and claim any compensation due to us (including enforcement costs) if:

·         you don't make any payment to us when it's due and you still don't make payment within 5 days of our reminding you that payment is due;

·         you don't, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the product; or

·         you don't, within a reasonable time, allow us to deliver the product to you.

WE DON'T COMPENSATE YOU FOR ALL LOSSES CAUSED BY US OR OUR PRODUCTS

Our liability to consumers. We're responsible for losses you suffer caused by us breaking this contract unless the loss is:

·         Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).

·         Caused by a delaying event outside our control. As long as we have taken the steps set out in the section We're not responsible for delays outside our control.

·         Avoidable. Something you could have avoided by taking reasonable action. For example, damage to your own digital content or device, which was caused by digital content we supplied and which you could have avoided by following our advice to apply a free update or by correctly following the installation instructions or having the minimum system requirements advised by us.

·         A business loss. Our liability for any loss you suffer in connection with your trade, business, craft or profession is limited, as described in Your rights if you are a business customer.

Our liability to businesses. If you're a business customer, then, except in respect of the losses described in Losses we never limit or exclude:

·         we shall not be liable to you, whether in contract, tort or delict (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and

·         our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort or delict (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under such contract.

Losses we never limit or exclude. Nothing in these terms shall limit or exclude our liability for:

·         death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);

·         fraud or fraudulent misrepresentation;

·         breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or

·         defective products under the Consumer Protection Act 1987; or

·         any matter in respect of which it would be unlawful for us to exclude or restrict liability.

No implied terms about goods. Except to the extent expressly stated in Your rights if you are a business customer, we exclude all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982.

We use your personal data as set out in our Privacy Notice

How we use any personal data you give us is set out in our Privacy Notice.

You have several options for resolving disputes with us

Our complaints policy. We will do our best to resolve any problems you have with us or our products.

Resolving disputes without going to court (consumers only). Alternative dispute resolution is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you're not satisfied with the outcome you can still go to court.

You can go to court. These terms are governed by Scots law and wherever you live you can bring claims against us in the Scottish courts. If you live in England, Wales or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.

Other important terms apply to our contract

We can transfer our contract with you, so that a different organisation is responsible for supplying your product. We'll tell you in writing if this happens and we'll ensure that the transfer won't affect your rights under the contract.

You can only transfer your contract with us to someone else if we agree to this. We may not agree, however, you can transfer a guarantee to a new owner of a product. We can require the new owner to prove you transferred the product to them.

Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.

If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.