Terms & Conditions
Frasers Motorcycles complies with distance selling regulations. Every effort will be made to deliver the goods as soon as possible after your order has been placed. Our aim is to deliver to you in three working days. If an item requires to be back ordered we will contact you by email or telephone to confirm you are happy waiting.
Prices or offers may only be subject to internet sales and not applicable within our store. Please call us if you would like to confirm any purchase before visiting.
• Tax Charges
The prices shown on our website include VAT at the current rate. At present, online ordering is currently only available within the UK. If you would like to place an order outside of the UK, please email or call us (+44 1452 525 128) and we'll accommodate your request.
• Credit Card Security
We know of no documented cases of credit card fraud using our shopping system over the Internet. All card payments are taken securely via PayPal, with no card details being passed to us.
Definitions
1. Any reference to Company/Seller/We/Us shall mean Frasers of Gloucester Limited trading as Frasers of Gloucester, 261 Bristol Rd, Gloucester, GL2 5DB, United Kingdom (registered office 4079945) who sell/supply motorcycles/motorcycle equipment clothing, helmets, accessories, parts in the course of their trade or business.
2. Any reference to You/Buyer/Purchaser/Customer shall mean any person, sole trader, partnership, business, body corporate or other entity detailed in the appropriate section of the sale invoice/order form and shall include all successors, heirs and assigns. Where the buyer purchases in the course of a trade, profession, vocation, hobby or sport (where the buyer is a specialist or enthusiast) it is agreed that such buyer shall mean a trade buyer. Where a person deals entirely as a consumer, statutory rights remain unaffected. When the term buyer appears within these terms it shall mean both trade and consumer buyer/purchaser unless specified as relating to a trade buyer or consumer buyer individually.
3. Goods or equipment ordered shall mean the items detailed in the appropriate section of the sales/order form and it shall be a core term of this agreement that all additional parts, connecting components or ancillary items, not detailed within the sales order form, shall be additional to this agreement.
4. In respect of orders placed via the internet, such orders shall be mere offers to purchase and shall not be accepted or binding upon the Company until confirmed or acknowledged in writing by the Company by means of invoice or statement. Order acknowledgement shall not amount to confirmation or order and the company reserves the right to refuse any offer to purchase prior to written confirmation.
General
5. ‘Working day’ shall mean any day from Monday to Friday. We are closed on Sundays and bank holiday Monday.
6. These conditions shall apply to all of the company’s quotations and contracts, orders (including telephone, facsimile transmittal, postal and internet orders) for the sale or supply of goods accepted by the company.
7. Brochure descriptions, Web Site information and samples on display are indicative only and any specifications, weights, measurements and technical data (whether relating to performance or otherwise) have been prepared by manufacturers and are for guidance only. Buyers are therefore required to check current specification, colours, weights and measurements with manufacturers or the Company, prior to order, as manufacturers, may alter specifications to improve products. Manufacturers also reserve the right to amend specifications, without notice, in order to improve products or where amendment becomes necessary and the company shall endeavour to inform the purchaser of any such amendment or change.
8. The company reserves the right to amend technical or clerical errors in any order without notice. In addition, the buyer shall ensure that all details contained within the order are correct prior to submission to the company. Subsequent to delivery, the company shall accept no liability for any error or inaccuracy in order unless notified of such error within seven days of delivery/receipt of any document containing the said error.
Guarantees
9. All guarantees for products are provided entirely by the manufacturers/UK importers and are subject to terms contained therein. Purchasers are reminded to complete and return all warranty cards/documents upon receipt of goods where appropriate.
Limitations upon Liability
10. Advice given by agents or servants of this company during telephone/internet orders is based entirely upon information given by the purchaser with no inspection undertaken. As such, all advice given is indicative only and the purchaser prior to order should check all such advice. Where agents or servants of this company give advice after visual inspection, such advice shall amount to an opinion only. Additionally, goods supplied are supplied only to correspond to the purpose for which goods of that kind are commonly supplied and not alternative uses to which they may be put. This company for such alternative use, amendments or modification can accept no liability for failure.
11. Goods ordered by the buyer may not be compatible with vehicles that have been modified, adapted or altered. Where goods ordered by the purchaser are not compatible by reason of modification, adaptation or alteration, the company may accept such goods back into stock entirely at it’s discretion and shall either issue a refund or credit to the purchaser except where goods are specifically ordered for the purchaser where no such refund or credit will operate.
12. Where goods purchased by the buyer are alleged to be defective, the purchaser agrees to return such goods to the seller for inspection and report (without the seller replacing the said goods prior to such inspection) The purchaser also accepts that it is reasonable to inform the seller of any interruption, defect or other failure prior to contacting independent third parties or incurring expense and in addition, to allow the seller to remedy the defect, failure or interruption. The manufacturer shall no longer warrant parts modified or adapted by the purchaser nor shall the company be liable for any failures resulting subsequent to modification as a result of such modification.
13. Competition goods are supplied for specialist use and are subject to extreme heat and stress whilst in use. Life expectancy and durability are greatly reduced and purchasers should note that any claim for failure/wear shall not be entertained by the company and it is agreed that such use shall be a relevant circumstance. In addition, parts connected to parts supplied by this company may be placed under stress where specialist/competition parts are used and purchasers should take advice from experts prior to purchase. Manufacturers may also limit guarantees when components are installed for competition use.
14. Where goods are defective, incorrectly supplied, delayed or otherwise in breach of the implied terms of the buyers statutory rights all losses which result from loss of competition points, awards, loss of entry fees or other similar losses, are excluded and shall not be reclaimed from the Company. In addition, the company shall accept no liability for death or personal injury unless caused by the Companies own negligence.
15. No liability is accepted by the company where purchasers attempt to modify or install components supplied where it is known or ought reasonably to be known to the Purchaser that the part supplied is incorrectly supplied or otherwise not in accordance with the order.
16. The company accepts no liability in respect of failure to supply or other interruptions caused by matters beyond the reasonable control of the company, including but without limitation, strikes, lockouts, civil disputes, acts of God, war or actions by third parties.
17. Notwithstanding any other provision of this agreement, nothing in this agreement shall confer a benefit on any person or persons not named as the purchaser herein (for the purpose of the Contract (rights of third parties) Act 1999 or for any other purpose)
Payment Terms
18. Quotations are given on the assumption that no variations in the price will be made by the manufacturer/sole importer and that Government levies remain unaltered. In the event of such changes, the trade buyer shall be liable for the full cost of any change without notice from the company. A consumer buyer shall be contacted by the company and consent for any price increase obtained. Where no such consent is obtained the consumer Buyers agreement to purchase shall be treated as cancelled. Buyers are hereby informed that calling down of smaller quantities of material than ordered may increase the overall price per unit, there being reduced economies of scale in order. The resultant additional cost shall be the buyers.
Title & Delivery
19. Ownership or title to the product shall not pass to the buyer until the company has received payment in full. In the event that sums owing in respect of other items ordered remain due, apportionment by this company shall take place without prejudice to the right to retain title or ownership in respect of all goods ordered.
20. Delivery times will be quoted at time of order and all times given for despatch or delivery are approximate and time shall not be of the essence. The buyer agrees to give 20 days in any written notice making time of the essence, such notice to commence subsequent to the last time for delivery quoted by the Company. The buyer further agrees to accept full liability in respect of delayed or late delivery or dispatch prior to the expiry of any such notice in respect of special order goods, the buyer acknowledges that further delays may occur and allows the company 30 days in any written notice, such notice to commence subsequent to the last time for delivery quoted by the company. In any event, delivery times are approximate and variable. When delivery is affected to the purchaser directly or to an independent delivery contractor as agent for the purchaser, risk shall pass to the buyer immediately.
21. The buyer is required to notify the Company, in writing, of any shortage, or other discrepancy immediately, or at the latest within seven days of such shortage or failure, thereafter the buyer shall be liable for any such discrepancy. Where delivery is affected to the buyers own independent delivery contractor, loss or damage in transit claims should be made directly to the carrier. The company will assist purchasers in making their claim. Buyers should retain all packaging in the event of a claim or return within the terms of this agreement.
22. Delivery and packing prices indicated within the Companies Brochures and Internet Site are subject to change and will be confirmed at the time of order. Buyers outside the United Kingdom and Europe shall be quoted approximate prices for delivery and packing prior to order confirmation. If required the Company shall quote for delivery and packing in such instances and confirmation of acceptance shall be required from the buyer prior to acceptance of the order.
Cancellation of orders & deliveries Clauses 23, 24, 25, 26, 27 & 28 below shall only apply to a person who purchases goods as a consumer buyer and is resident within European Economic Community where rights which accrue by virtue of the Consumer Protection (Distance selling) Regulations apply.
23. A consumer buyer shall have the right to cancel any contract for goods made by means of distance communication, in accordance with these Terms & Conditions, within 14 working days of delivery of the goods. Special order goods shall not be returnable under the terms of this clause. Cancellation of the contract can be effected by service of a Written Notice signed by the consumer buyer which details clearly the Companies Sales Order number and the name and address of the consumer Buyer and delivered either by fax to the number printed on the invoice or by post to the company’s registered office.
24. If a written notice of Cancellation is received by the Company in accordance with clause 25 the Consumer Buyer shall become liable to return the goods to the Company forthwith, to such address as directed by the Company in their original packaging (and without having been installed or used and with all relevant seals and enclosures intact) and at the consumer buyer’s sole expense.
25. If the consumer Buyer fails to return the goods in accordance with clause 26 within 14 days of the cancellation of the contract, the Company shall be entitled to collect the goods from the consumer buyer and to recover any reasonable costs involved in such collection from the consumer buyer.
26. The Company shall then affect a refund of any monies owing to the consumer buyer in respect of the goods within 30 days from the date of cancellation or receipt of goods by the company. Such a refund will be subject to any set off of monies to which the company is entitled under clause 27.
27. Goods purchased and delivered to the Buyer otherwise than by means of distance communication (including a trade buyer) may be returned to the Company in original packaging (and without being installed or used and with all relevant seals and enclosures intact) for credit within 14 days of receipt by the buyer. Credit shall be subject to the Buyer producing proof of purchase and returning goods carriage paid. Special order goods shall not be returnable by virtue of this clause.
28. The Buyer confirms that he shall comply with any or all rules and instructions relating to installation and use of the product concerned and fully accepts that any loss which results from forced, misdirected, inappropriate or unqualified installation or use shall not be accepted by the Company.
Jurisdiction These terms and this agreement (including an agreement concluded by means of distance communication) shall be interpreted in accordance with English Law and industry custom and practice, and English and Welsh courts shall have sole jurisdiction in respect of any dispute arising there from.
Fraser's of Gloucester Limited is an Appointed Representative of Automotive Compliance Ltd, which is authorised and regulated by the Financial Conduct Authority (FCA No 497010) Firm Reference Number (526543). Automotive Compliance Ltd’s permissions as a Principal Firm allow Fraser's of Gloucester Limited to act as an agent on behalf of the insurer for insurance distribution activities only.
Complaints Policy