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MSA - Consumer Standard Terms of Sale

PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE. BY PLACING AN ORDER THROUGH THIS WEBSITE YOU AGREE TO BE BOUND BY THESE TERMS.

1. Formation of the contract

  1. These terms of sale apply to all goods supplied by The Royal Automobile Club Motor Sports Association Limited, with registered office at Motor Sports House, Riverside Park, Colnbrook, Slough SL3 0HG,(registered number 1344829), VAT number 242304895 ("MSA")
  2. MSA shall set out information about the goods on offer including but not limited to (1) a description of the goods; (2) the price of the goods; (3) delivery and cancellation rights and (4) information about MSA (including MSA's address and telephone number).
  3. No contract exists between you and MSA for the sale of any goods until MSA has received your order and sent you confirmation of acceptance in writing or by e-mail to the address or e-mail address you have given. Once MSA does so, there is a binding legal contract between us.
  4. The contract is subject to your right of cancellation (see clause 6 below).
  5. MSA may change these terms of sale without prior notice to you in relation to future sales.

2. Performance Clothing Website

The MSA shop web page contains a link to the Performance Clothing website. Any activity conducted on the Performance Clothing website, including but not limited to the purchase of goods, is governed by Performance Clothing’s terms and conditions which may be accessed from the Performance Clothing website. In accordance with clause 3 of MSA's Terms and Conditions of Use, and without prejudice to the other terms and conditions of this contract and MSA's Terms and Conditions of Use, MSA accepts no responsibility for and disclaims any and all warranties and liabilities in respect of any goods that you purchase from Performance Clothing.

3. Description and price of the goods

  1. The description and price of the goods you order will be as shown on MSA's website at the time you place your order.
  2. The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, MSA will inform you as soon as possible, and refund or recredit you for any sum that has been paid by you or debited from your credit card or debit card for the goods.
  3. Every effort is made to ensure that prices shown on MSA's website are accurate at the time you place your order. If an error is found, MSA will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel, MSA will refund or recredit you for any sum that has been paid by you or debited from your credit card or debit card for the goods.
  4. In addition to the price, you will be required to pay a delivery charge for the goods, of which MSA will notify you when it confirms your order.
  5. The price of the goods and delivery charges are inclusive of VAT.

4. Payment

Payment for the goods and delivery charges can be made by any method shown on MSA's website at the time you place your order.

5. Delivery

  1. The goods you order will be delivered to the address you give when you place your order, except that deliveries are not made outside the United Kingdom, and some parts of the United Kingdom are not covered, as shown on MSA's website at the time you place your order.
  2. If delivery cannot be made to your address, MSA will inform you as soon as possible, and refund or recredit you for any sum that has been paid by you or debited from your credit card or debit card for delivery.
  3. If there is no-one at the address given who is competent to accept delivery of the goods, you will be notified of an alternative delivery date or a place to collect the goods.
  4. Every effort will be made to deliver the goods as soon as possible after your order has been accepted, and in any event within 30 days of conclusion of the contract. However, MSA will not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery. In this case, MSA will inform you as soon as possible.
  5. You will become the owner of the goods you ordered and responsible for risk of loss of or damage to them once payment for the goods has been received in full by MSA.

6. Your right of cancellation

  1. Except as provided in clause 6.6 below, you have the right to cancel the contract at any time up to the end of 14 days after you receive the goods without giving any reason.
  2. To exercise your right of cancellation, you must give written notice of your decision to cancel this contract by a clear statement sent to MSA by hand or post, fax or e-mail, at the address, fax number or e-mail address shown in clause 13 below, giving details of the goods ordered and (where appropriate) their delivery. You may use the model cancellation form set out below but it is not obligatory

    To:

    The Royal Automobile Club Motor Sports Association Limited Motor Sports House, Riverside Park, Colnbrook SL3 0HG
    Tel: 01753 765000, Fax: 01753 682938
    Email: club-administrator@msauk.org

    I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale for the following goods [*].

    Ordered on [*]/received on [*],

    Name of consumer(s) eg your full name

    Address of consumer eg your address and post code

    Signature of consumer (s) (only if this format is notified on paper)

    Date

    [*] delete as appropriate
  3. If you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods within 14 days of the end of the 14 day cancellation period to MSA at your own cost. The goods must be returned to the address shown in clause 13 below. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit.
  4. Once you have notified MSA that you are cancelling the contract, MSA will refund or recredit you within 14 days of either MSA getting the goods back or you providing evidence of having returned the goods whichever is the sooner for any sum that has been paid by you or debited from your credit card for the goods, subject to deducting its recovery costs in respect of goods returned in accordance with clause 6.3 above.
  5. If you do not return the goods as required, MSA may charge you a sum not exceeding the direct costs of recovering the goods.
  6. You do not have the right to cancel the contract if the order is for audio or video recordings or computer software which have been unsealed by you, or for goods which by their nature cannot be returned or are liable to deteriorate or expire rapidly. MSA will notify you at the time your order is accepted if this applies.

7. Warranty

  1. All goods supplied by MSA are warranted free from defects for 90 days from the date of supply. This warranty does not affect your statutory rights as a consumer.
  2. This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by MSA, failure to follow MSA's instructions (whether oral or in writing), or any alteration or repair carried out without MSA's approval.
  3. If the goods supplied to you develop a defect while under warranty, or you have any other complaint about the goods, you should notify MSA in writing at the address, fax number or e-mail address shown below.

8. Liability

  1. Subject to clause 8.3 below, MSA's aggregate liability under or in connection with this contract (howsoever such liability arises whether in contract, tort or otherwise including for negligence) shall be limited to 110% of the price of the goods in respect of which you suffered or incurred such loss or damage.
  2. Subject to Clause 8.3 below, MSA shall not be liable to you for any loss of profit or other economic loss (direct or indirect) or for any indirect or consequential loss or damage, costs, expenses or other claims for consequential compensation whatsoever and howsoever caused which arises out of or in connection with this contract.
  3. Nothing in these terms shall exclude or limit MSA's liability for death or personal injury caused by MSA's negligence, or for fraudulent misrepresentation.

9. Data protection

  1. MSA will take all reasonable precautions to keep the details of your order and payment secure, but unless MSA is negligent, MSA will not be liable for unauthorised access to information supplied by you.
  2. MSA will only use the information you provide about yourself in accordance with its privacy policy.

10. Force Majeure

MSA reserves the right to defer the date of delivery of the goods or to cancel this contract if MSA is prevented from or delayed in the carrying out of its business due to circumstances beyond its reasonable control ("Force Majeure") provided that if the Force Majeure event continues for a period in excess of 30 days you shall be entitled to terminate this contract by giving MSA 14 days written notice and you shall be entitled to a refund in respect of any goods not delivered to you.

11. Miscellaneous

  1. Failure or delay by MSA in enforcing or partially enforcing any provision of the contract will not be construed as a waiver of any of its rights herein.
  2. Any waiver by MSA of any breach or default by you under this contract will not be deemed a waiver of any subsequent breach or default by you
  3. If any provision of this contract is declared to be void or unenforceable by any competent authority or court such provision will be deemed to be severed from the contract and this will not affect the remainder of the contract which shall continue in full force and effect.
  4. You shall fully comply with all applicable legal and regulatory requirements including but not limited to anti-Corruption and anti-bribery laws, such as the UK Bribery Act 2010.
  5. The headings in this contract are for convenience only and shall not affect their interpretation.

12. Applicable law

These terms of sale and the supply of the goods will be subject to English law, and the English courts will have jurisdiction in respect of any dispute arising from the contract.

13. MSA Contact Details

The Royal Automobile Club Motor Sports Association Limited
Motor Sports House, Riverside Park, Colnbrook SL3 0HG
Registered Number 1344829 England.
Vat Number 242304895
Tel: 01753 765000, Fax: 01753 682938
Email: club-administrator@msauk.org

See also the Terms and Conditions of use of Motor Sports Association Website and Privacy Policy