TERMS AND CONDITIONS OF SALE

OF

Hottrax Ltd

Updated 16th February  2010

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" means Hottrax Ltd of 17 Drakes Mews, Crownhill, Milton Keynes, MK8 0ER;

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.

3.3 When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described in the Order Process section within the website.

4 PRICE AND PAYMENT

4.1 The Price of the Goods shall be that stipulated on the Seller’s Website. The Price is inclusive of VAT. The Price excludes delivery and credit card charges.

4.2 The total purchase price, including VAT and delivery charges 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. If these differ from the details, description and/or price shown on the Website the Buyer shall be entitled to cancel the order.

4.4 Payment of the price plus VAT and delivery charges must be made in full before dispatch of the Goods.

4.5 Payment by credit card will attract a 2% surcharge on the total amount of the sale including vat. This charge will apply to the total amount of the transaction for either an event booking or on the sale of goods. The charge is not applicable to debit card, cheque or cash payments.

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 AGE OF CONSENT

6.1 Where Goods may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods.

6.2 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.

8 DELIVERY

8.1 Goods supplied within the UK will normally be delivered within 7 working days of receipt of order.

8.2 Goods supplied outside the UK will normally be delivered within 10 working days of receipt of order.

8.3 Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.

8.4 The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.

8.5 Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.

8.6 Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.

9 General Conditions and Booking Charges

Name Changes
We will change names free of charge up to 10 days before the event. After this time, a £15 charge will be applicable.

Bike Share
We no longer accept bike share bookings

Half Day Bookings
All half day bookings will be charged at 60% of the published price - half days are not pre-bookable and can only be booked on the day and are subject to availability.

On Day Bookings 

All customers turning up on the day will be charged an additional £10 over the published price.

Credit Card Charges

Payment by credit card will attract a 2% surcharge on the total amount of the sale including vat. This charge will apply to the total amount of the transaction for either an event booking or on the sale of goods. The charge is not applicable to debit card, cheque or cash payments.

Driving Licences

Any customer turning up at the circuit without a valid licence will not be able to sign on until after 9.00 am. We will then ring either the DVLA or the ACU to check that you have a current licence. This will be subject to a £5 charge. Please note that we are unable to carry out licence checks on Sundays or Bank Holidays. If you do not have a valid licence you will not be able to participate in the event and no refunds will be given

10 CANCELLATION AND RETURNS

10.1 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within 7 days 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. A restocking fee or admin fee of £15 will be deducted from all cancellations or returns of goods including vouchers.

10.2 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.

10.3 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 us in writing or by email within 10 days of receipt of the Goods. Goods must be returned at your cost and should be adequately insured during the return journey. You will receive a refund of all monies paid for the Goods except for return postal charges within 30 days of cancellation. A restocking fee or admin fee of £15 will be deducted from all cancellations or returns of goods including vouchers.

10.4 Goods to be returned must clearly show the order number obtained from the Seller on the package.

10.5 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.

10.6 Event Cancellation by Customer. No refunds or credits towards future dates with Hottrax will be given less than or equal to 10 days prior to the event booked. A £15 administration charge will be made for cancellations at any other time.

10.7 Cancellation of European Events by Customer or events held out of the UK are subject to a 50% cancellation fee up to 4 weeks prior to the event. Cancellation within 4 weeks of the event means that the full cost of the event is non refundable and is lost. None of our events or places on the event can be transferred to another party. Deposits are non refundable.

10.8 Winter Dates are defined as being events taking place during the months of 1st November, December, January, February or up to 31st March. If a event is cancelled during these months by the circuit for any reason including bad weather the customer will not be entitled to a refund.

10.9 Summer Dates are defined as being events taking place from 1st April through until October 31st. If an event is cancelled by the circuit or due to bad weather then no refunds or credits will be issued.

10.10 If Hottrax Ltd cancel or are forced to cancel an event for any reason before the due date of the event then the customer will be offered an alternative event to the same venue or be entitled to a refund, for the full value paid for the event less an amount for credit card charges. The cost of customer booked flights, ferries, train, other transport, customer booked accommodation or other expenses are not refundable.

10.11 Vouchers and credit notes issued in one year are valid until 31st December of the following year. After this date they will become null and void. Vouchers and credit notes are non transferrable.

11 LIMITATION OF LIABILITY

11.1 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 indirect, incidental or consequential loss or damage whatever.

11.2 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.

12 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.

13 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.

14 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.

15 CHANGES TO TERMS AND CONDITIONS

The Seller shall be entitled to change these Terms and Conditions at any time.

16 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.