E.T. JAMES MOTORCYCLES TERMS & CONDITIONS
Welcome to E. T. James & Sons. E. T. James & Sons (E. T. James) and its affiliates provide access to the E. T. James website (the ”website”) and sell our products to you subject to the conditions set out on this page.
Please read these conditions carefully before using the website. By using the website, you signify your agreement to be bound by these conditions.
1. Your Account
If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else or if the password is being, or is likely to be, used in an unauthorised manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering.
E. T. James reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.
In accordance with the Data Protection Act 1984 E. T. James & Sons will not supply any of your details to any third party. We are committed to protecting your personal privacy and, in accordance with UK Data Protection Law, we uphold strict security procedures for the storage of your personal information.
When you place an order we collect your name, e-mail address, mailing address, phone number and credit card information. We may record which products you are interested in and which products you purchase. We also monitor traffic patterns which enable us to improve the service we provide.
This information is used to process orders and to provide a more personal shopping experience.
3.Access to E. T. James & Sons
We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to the website may be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such restriction.
4. Licence for website access
E. T. James and Sons grants you a limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of E. T. James and Sons. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivatives use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This website or any portion of this website many not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without E. T. James & Sons express written consent.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of E. T. James & Sons and its affiliates without express written consent of E. T. James & Sons. You may not use any meta tags or any other “hidden text” utilising E. T. James & Sons or its affiliates’ names or trademarks without the express written consent of E. T. James & Sons. Any unauthorised use terminates the permission or licence granted by E. T. James & Sons.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to any page within the website as long as the link does not portray E. T. James & Sons, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any E. T. James and Sons logo or other proprietary graphic or trademark as part of the link without E. T. James & Sons express written consent.
Any unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
5. Your Conduct
You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.
You must not use the website for any of the following:
For fraudulent purposes, or in connection with a criminal offence or other unlawful activity;
To send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of, or contains, software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any ‘spam’; to cause annoyance, inconvenience or needless anxiety.
6. Copyright and database rights
This site is produced, owned and operated by E. T. James & Sons.
All content included on the website, such as text, graphics, logos, button icons, images and software, is the property of E. T .James & Sons or its subsidiaries, its affiliates or its content suppliers and is protected by United Kingdom and international copyright and database right laws. The compilation of all content on this website is the exclusive property of E. T. James & Sons and its affiliates and is protected by United Kingdom and international copyright and database right laws. All software used on this website is the property of E. T. James & Sons its affiliates or its software suppliers and is protected by United Kingdom and international copyright laws.
You may not systematically extract and/or re-utilise parts of the contents of the website without E. T. James & Sons express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools or extract (either once or many times) for re-utilisation of any substantial parts of this website, without E. T. James & Sons express written consent. You also may not create and/or publish your own database that features substantial (e.g. our prices and product listings) parts of this website without E. T. James & Sons express written consent.
E. T. James and Sons and its affiliates respect the intellectual property others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us.
E. T. James and Sons and other marks indicated on our website are trademarks or registered trademarks of E. T. James & Sons or its subsidiaries in the European Union, the United States and/or other jurisdictions. E. T. James & Son’s graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of E. T. James & Sons trademarks and trade dress may not be used in connection with any product or service that is not E. T. James & Sons, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits E. T. James & Sons. All other trademarks not owned but E. T. James & Sons that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by E. T. James & Sons.
9. Our contract
When you place an order to purchase from E. T. James & Sons, we will send you an email confirming receipt of your order and containing the details of your order. You order represents an offer to us to purchase a product which is accepted by us when we dispatch that product to you and is confirmed by an email we send to you confirming that we have dispatched the product (the “Dispatch Confirmation Email”) That acceptance will be complete at the time we send the Dispatch Confirmation Email to you. Any products on the same order which we have not confirmed in a Dispatch Confirmation Email to have been dispatched do not form part of that contract. You are seeking to enter into a contract with E. T. James & Sons when you place an order.
10. Liability and Warranty
E. T. James & Sons, its subsidiaries, its affiliates or its content suppliers do not provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information or materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors to the fullest extent permitted by law. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirement.
Please review our Returns Policy which applies to products purchased from us. In addition to your returns guarantee, customers in the European Union are entitled to a statutory cooling-off period of seven business days. Details of this statutory right and an explanation of how to exercise it are provided in Returns Policy.
12. Pricing and available
We list availability information for products sold by us on the website, including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific availability. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, we will inform you by email if any products you order turn out to be unavailable.
All prices are inclusive of VAT (Value Added Tax) at the prevailing rate. Despite our best efforts, a small number of products in our catalogue may be mis-priced. If a products’ correct price is lower that our stated, we charge the lower amount and send you the product. If a products’ correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cancellation.
13. Under 18
E. T. James & Sons do not sell to anyone under the age of 18. If you are under 18, you may use the website only with the involvement of a parent or guardian.
14. Electronic communications
When you visit the website or send emails to us, you are communicating with us electronically. We communicate with you by email or by posting notices on the website. For contractual purposes , you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
15. Alteration of Service or Amendments to the Conditions
We reserve the right to make changes to our website, policies and these Conditions of Use & Sale at any time. You will be subject to the policies and Conditions of Use & Sale in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
16. Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
18. Governing law and jurisdiction
These conditions are governed by and construed in accordance with the laws of England and Wales.
You agree, as we do, to submit to the non-exclusive jurisdiction of the English courts. You statutory rights are not affected by these terms and conditions.
19. Our Details
E T James & Sons
East Street, Rhayader, Powys, LD6 5DS
Phone +44 1597 810396 – Fax +44 1597 811387.
VAT Number: 122343513
Website : www.etjames-sons.co.uk
Delivery & Returns
UK Mainland Delivery (Parts and Accessories Only)
Standard delivery time for the UK mainland is 2-4 working days, all other areas including Scottish Highlands, Ireland, Channel Islands and the Isle of Man should expect an extra day in delivery time. We aim to dispatch within 24 hours (subject to availability). If any items are not available or back ordered you will be notified by email with the choice to cancel your order or wait for the item to become available. In cases where we are unable to deliver all the products within your order at the same time, or where there are multiple boxes within your consignment, you will only be charged once for delivery (where charges are applicable).
Orders, depending on size and value will be despatched by Royal Mail First Class Recorded or by courier, both of which will require a signature. Our order cut off time is 2.30pm therefore all orders placed after that time will be processed the following working day. All parts and accessory postage charges are free within the UK Mainland, Scottish Highlands, Ireland, Channel Islands and the Isle of Man will incur a £15 charge per parcel automatically at the checkout on heavy/large items, there will be no extra charge for smaller items delivered via Royal Mail. We regret that at present we are unable to ship to Europe or Non EU countries through the website, however if you contact our customers team on +44 1597 810396 or firstname.lastname@example.org and we can organise this for you.
Please note that we do not dispatch or deliver at weekends (with the exception of Royal Mail postal deliveries) or public holidays. We are unable to deliver to P O Box addresses.
Tracking details for your order will be included in your order confirmation email, alternatively please contact customer services on +44 1597 810396 or email us at email@example.com
Please ensure that there will be somebody available at the delivery address and that they are able to provide a signature for your delivery. In the even that you should miss your scheduled delivery, the courier should leave a notification card and re-attempt the delivery the following day. The courier will attempt delivery of the order on 3 consecutive working days, unless they are instructed by the recipient or a member of our Customer Service team to hold for a future delivery date or collection will be made from the depot. Please note that changes of delivery address will been to be made via the Customer Service team. Should the courier be unable to complete delivery after the 3 attempts have been made, your order will be returned to us. In these cases E T James & Sons reserve the right to charge you again for any return and re-send costs that we incur.
E T James & Sons cannot be held responsible for late/failed deliveries for reasons outside of our control i.e. in the cases of adverse weather conditions.
Cancellations & Returns
Distance Selling Regulations
Under the EU’s Distance Selling Regulations, customers located in the European Union are entitled to a 14 day cooling off period i.e. the right to cancel the contract of purchase. These regulations dictate that we will refund the cost of the item(s) ordered and, in addition to this, the original despatch charge.
E T James & Sons are not liable to cover costs of returning the goods.
Notification of the cancellation must be received in writing within 14 working days; starting from the day after the goods’ are received. You may cancel/return your order provided that:
1. The item/items are returned to us at your cost, unused and in original (undamaged) packaging.
2. The item/items have been sold from stock and therefore not ‘specially ordered’ in for the customer.
3. The item is not of an electrical nature and therefore strictly non-refundable.
4. The item has not been personalised, registered or specifically customised to the customers’ specification.
5. The item is returned to us within 7 working days from the return authorisation number being given.
Please contact us in writing (Royal Mail or electronically) providing us with your order number, name and address details and the reason for return. A returns authorisation number will be given to you and once we are in receipt of your unwanted item, providing the above terms are met, a refund will be paid back into your bank account within 30 days. It is the customers responsibility for the cost and risk of loss or damage when returning any item/items therefore we recommend sufficient postal compensation is taken out to cover the items value.
Any correctly supplied item, excluding as mentioned above, will be subject to a 25% re-stocking fee which will be deducted from your refund. Please note that DVLA registration and De-registration fees are non-refundable.
These conditions do not apply for the return of damaged goods.
Where goods are simply unwanted and notification is received after the 7 day cooling off period, we will offer a credit note only to the value of the goods within 28 days of you receiving the goods.
E T James & Sons are not responsible for covering costs of returning goods.
Once the 28 day period has passed we have the right to refuse credits of any unwanted items.
Any issues regarding your order: please contact firstname.lastname@example.org or our parts department on +44 1597 810396
Our opening hours are 9.00 am to 5.00pm Monday to Friday.
Faulty (excluding Motorised vehicles) / Damaged Goods
In the unfortunate event that your goods arrive damaged we require notification within 24 hours of receipt. We ask that if there is any evidence of damage to the parcel or package or if looks as though it has been tampered with, that the parcel is signed for as damaged. Signing to confirm (accepting) that the parcel was received in good condition when there is evidence of damage will hinder any claim for damage in transit and would result in us not being able to offer you compensation. If the item is damaged and there is no sign of damage in transit we will be happy to exchange the item or offer a full refund. Please contact our Customer Service team on +44 1597 810396 or via email at email@example.com. Should a replacement not be required please notify us and we will refund the cost of the damaged products. Please note that it may be necessary to provide photographic evidence of the damaged goods or in more severe cases, we may choose to collect the damaged products from you for Quality Review investigation.
Where goods are believed to be faulty, please notify us of your intent to return the goods in writing or by email within 24 hours. All goods believed to be faulty will be required for Quality Review. Once this item(s) have been received, a Quality Review Investigation will take place within 3-5 working days. Correspondence will be made directly with the customer.
E T James & Sons are not responsible for any Labour charges incurred during fitment or removal of suspected faulty parts.
Faulty Motorised Vehicles
All new motorised vehicles (Off road 2 wheel bikes, Quad bikes or Side by side’s) are sold with a manufacturers warranty (length of warranty varies between brands) which covers manufacturing defects.
Terms and Conditions of each individual brands’ warranty will be supplied at the time of purchase. Any faults or warranty queries must be reported as soon as they become apparent and the vehicle must be returned to E T James & Sons for warranty inspection.
E T James & Sons are NOT responsible for any costs involved in returning the vehicle to our workshops for this assessment not for possible loss of earnings or rental of a substitute vehicle.
We can offer a collection service if required however there will be a charge.
All returns should be wrapped securely in the same packaging in which the items were originally received, with the returns reference clearly displayed on the exterior. The returns reference will be supplied by our Customer Service team upon notification of the intention to return the goods.
Our return address is:
E T James & Sons, East Street, Rhayader, Powys, LD6 5DS
If the original packaging has been disposed of or is no longer suitable, goods must be wrapped in appropriate packaging to ensure that the goods arrive with us in their original condition. We reserve the right to refuse a credit/exchange for damages caused by insufficient packaging.
We recommend that returns are made via recorded delivery and/or that a proof of delivery of postage is obtained, in the unlikely event that we do not receive the parcel.
Exchanges will be processed within 1-3 working days (where possible) from the date the returned goods are received. Postal charges will be applied for any exchanges; these will be charged at the standard rate.
Where a refund is due, this will be processed onto the credit/debit card with which the purchase was made, within 30 days from the date the returned goods are received.
Incoming deliveries from manufacturers/suppliers.
Any incoming deliveries of goods that arrive later than communicated by the manufacturer/supplier, that has been allocated workshop space/time for build and/or PDI, will incur a charge from ourselves for loss of earnings at the hourly rate necessary for such a job. Our terms and conditions for this charge will be strictly payment received within 30 days of invoice date.