Terms and Conditions
Validity and Application
Nothing herein contained is intended by the Company to negate or limit any right in law which cannot lawfully be so negated or limited and if it should be held by a court or other competent jurisdiction that any of these terms and conditions has that effect, then such part or parts shall be severed from the remainder which shall continue in full force and effect.
This agreement applies as between you, the User of this Website and FOWLERS OF BRISTOL LTD, the owner(s) of this Website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.
No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a despatch email to you indicating that your order has been fulfilled and is on its way to you.
In these Terms and Conditions:
Contract Shall mean the contract between the Company and the Customer.
Company Shall mean FOWLERS OF BRISTOL LTD or any subsidiary or associated company thereof.
Customer Shall mean the person, firm or company identified in or by means of the contract as ordering goods.
Account Shall mean collectively the personal information, payment information, and credentials used by Users to access paid content and /or any communications systems on the website.
Carrier Shall mean any third party responsible for transporting purchased goods from our premises to customers.
Content Shall mean any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this website.
Goods Shall mean every, or where the context so requires, any item of whatsoever nature, which the Customer buys or has agreed to buy from the Company under this Contract that FOWLERS OF BRISTOL LTD advertises and / or makes available for sale through this Website.
Fowlers of Bristol Ltd Shall mean FOWLERS OF BRISTOL LTD, 2-12 Bath Road Bristol BS4 3DR.
Service Shall mean collectively any online facilities, tools, services or information that FOWLERS OF BRISTOL LTD makes available through the website either now or in the future.
Payment Information Shall mean any details required for the purchase of Goods from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes.
Purchase Information Shall mean collectively any orders, invoices, despatch notes, receipts or similar that may be in hard copy or electronic form.
Premises Shall mean our place(s) of business located at 2-12 Bath Road Bristol BS4 3DR.
System Shall mean any online communications infrastructure that FOWLERS OF BRISTOL LTD makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links.
User / Users Shall mean any third party that access the Website and are not employed by FOWLERS OF BRISTOL LTD and acting in the course of their employment.
Website Shall mean the website that you are currently using (www.fowlers.co.uk) and any sub-domains of this site unless expressly excluded by their own terms and conditions.
1. Formation of Contract
- All orders will be taken and all goods supplied by the Company subject to these terms and
conditions and, subject to the ‘Validity and Application’ statement above, no other terms,
conditions or warranties are to be implied into the Contract unless expressly accepted in writing by an
authorised representative of the Company.
- Subject to the provisions of clause 1(a) above mentioned, these terms and conditions are the only terms and
conditions applicable to the Contract and shall supersede all earlier arrangements or agreements entered into or made between the Company and the Customer and shall apply to the exclusion of any other provisions contained in any other document issued by the Customer in any manner whatsoever or at any point in time.
2. Age Restrictions
- Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
3. Business Customers
- These Terms & Conditions also apply to customers buying Goods in the course of business
4. International Customers
- If Goods are being ordered from outside FOWLERS OF BRISTOL LTD's country of residence, import duties and taxes may be incurred once your Goods reach their destination. FOWLERS OF BRISTOL LTD is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and FOWLERS OF BRISTOL LTD cannot guarantee that the packaging of your Goods will be free of signs of tampering.
5. Intellectual Property
- Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of FOWLERS OF BRISTOL LTD, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
- Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by FOWLERS OF BRISTOL LTD.
6. Third Party Intellectual Property
- Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
- Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
7. Fair Use Of Intellectual Property
- Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply, and all amendments there of/in.
8. Links to Other / Outside Websites
- This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of FOWLERS OF BRISTOL LTD or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
9. Links to this Web Site
- Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.fowlersparts.co.uk without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of FOWLERS OF BRISTOL LTD. To find out more please contact us by email at [email protected].
10. Use of Communication Facilities
- When using the enquiry form or any other System on the Website you should do so in accordance with the following rules:
- You must not use obscene or vulgar language,
- You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist.
- You must not submit Content that is intended to promote or incite violence
- It is advised that submissions are made using the FOWLERS OF BRISTOL LTD language(s) as we may be unable to respond to enquiries submitted in any other languages
- The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws.
- You must not impersonate other people, particularly employees and representatives of FOWLERS OF BRISTOL LTD or our affiliates
- You must not use our System for unauthorised mass-communication such as "spam" or "junk mail".
- You acknowledge that FOWLERS OF BRISTOL LTD reserves the right to monitor any and all communications made to us or using our System
- You acknowledge that FOWLERS OF BRISTOL LTD may retain copies of any and all communications made to us or using our System
- You acknowledge that any information you send to us through our System or post on the enquiry form may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.
- In order to purchase Goods on this Website and to use the enquiry form facilities you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as we may not require payment information until you wish to make a purchase. By continuing to use this Website you represent and warrant that;
- All information you submit is accurate and truthful;
- You have permission to submit Payment Information where permission may be required; and
- You will keep this information accurate and up-to-date;
- Your creation of an Account is further affirmation of your representation and warranty.
- It is recommended that you do not share your Account details, particularly your username and password. FOWLERS OF BRISTOL LTD accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
- If you have reason to believe that your Account details have been obtained by another without consent, you should contact FOWLERS OF BRISTOL LTD immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are despatched. In the event that an unauthorised purchase is despatched prior to your notifying us of the unauthorised nature of the purchase, FOWLERS OF BRISTOL LTD accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.
- When choosing your username you are required to adhere to the terms set out above in Clause 10. Any failure to do so could result in the suspension and/or deletion of your Account.
12. Termination and cancellation
- Either FOWLERS OF BRISTOL LTD or you may terminate your Account. If FOWLERS OF BRISTOL LTD terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
- If FOWLERS OF BRISTOL LTD terminates your Account, any current or pending purchases on your Account will be cancelled and will not be despatched.
- FOWLERS OF BRISTOL LTD reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and despatch.
- If you terminate your Account any non-despatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases.
- Your right to cancel can be exercised in writing or via email only.
13. Goods pricing and availability
- Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from FOWLERS OF BRISTOL LTD correspond to the actual Goods, FOWLERS OF BRISTOL LTD is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Please refer to Clause 15.1 for incorrect Goods.
- Where appropriate, you may be required to select the required size, model, colour, type or number of the Goods that you are purchasing.
- FOWLERS OF BRISTOL LTD does not represent or warrant that such Goods will be available. Stock indications are provided on the Website however these may not take into account sales that have taken place during your visit to the website.
- All pricing information on the Website is correct at the time of going online. FOWLERS OF BRISTOL LTD reserves the right to change prices and alter or remove any special offers from time to time and as necessary. Pricing information is reviewed and updated daily.
- In the event that prices are changed during the period between an order being placed for Goods and FOWLERS OF BRISTOL LTD processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price.
- FOWLERS OF BRISTOL LTD will notify you by way of email when your goods are to be despatched to you. The message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Goods purchased by you.
- If FOWLERS OF BRISTOL LTD receives no communication from you within 14 days of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems.
15. Returns Policy
FOWLERS OF BRISTOL LTD aims to always provide high quality Goods that are fault free and undamaged. On occasion however, goods may need to be returned. Returns are governed by these Terms and Conditions.
- If you receive Goods which do not match those that you ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, you should contact us within 10 days to return. FOWLERS OF BRISTOL LTD is not responsible for paying shipment costs. You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods. Refunds and replacements will be issued upon our receipt of the returned Goods.
- If any Goods you have purchased have faults when they are delivered to you, you should contact FOWLERS OF BRISTOL LTD within 28 days to arrange collection and return. FOWLERS OF BRISTOL LTD is not responsible for paying shipment costs. Goods must be returned in their original condition with all packaging and documentation. Upon receipt of the returned Goods, the price of the Goods, less carriage charge, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.
- If any Goods develop faults within their warranty period, you are entitled to a repair or replacement under the terms of that warranty.
- If Goods are damaged in transit and the damage is apparent on delivery, you should sign the delivery note to the effect that the goods have been damaged. In any event, you should report such damage to FOWLERS OF BRISTOL LTD within 10 days and arrange collection and return. FOWLERS OF BRISTOL LTD is not responsible for paying shipment costs. Upon receipt of the returned Goods, the price of the Goods, less the carriage charge, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.
Where the Customer is acting as a Consumer, if this Agreement has been conducted without any face to face contact between FOWLERS OF BRISTOL LTD and the Customer, or anyone acting on each party’s respective behalf, the Customer has the right to cancel this Agreement without giving any reason. The cancellation period will expire 14 days from the day on which the Customer first instructs us to carry out the service and no service can be performed within this period unless the Customer expressly requests we do so.
To exercise the right to cancel, the Customer must inform the company of their decision to cancel this Agreement in writing by clear statement (e.g. a letter sent by post, fax or email). The Customer may use the model cancellation form provided.
If the Customer requests any service to be provided during the 14 day period then they will lose the right to cancel this Agreement. The Customer shall pay the Company an amount which is in proportion to that service performed until they communicated their cancellation of the Agreement.
If the Customer cancels this Agreement, the Company will reimburse to the Customer all payments received from the Customer under this Agreement, without undue delay, and not later than:-
14 days after the date on which the Company receives any Goods back; or
(if earlier) 14 days after the day you provide evidence that the Customer has returned any Goods; or
if there were no Goods supplied, 14 days after the day on which the Company are informed about the Customer’s decision to cancel this Agreement.
The Company will make the reimbursement using the same means of payment as the Customer has used for the initial transaction, unless the Customer has expressly agreed otherwise, but in any event the Customer will not incur any fees as a result of the reimbursement.
The Company may withhold reimbursement until the Company has received any Goods back or the Customer has sent evidence of having sent back any Goods to the Company, whichever is the earliest. The Customer should send back any Goods or deliver them back to the Company at the address shown overleaf, without undue delay and in any event not later than 14 days after the day on which the Customer communicates cancellation of this Agreement to the Company.
This deadline is met if the Customer sends back any Goods before the period of 14 days has expired. The Company will require that the Customer bears the cost of returning any Goods to the Company.
- If you wish to return Goods to FOWLERS OF BRISTOL LTD for any of the above reasons, a returns form can be located by following this link; [email protected] to make the appropriate arrangements.
- FOWLERS OF BRISTOL LTD reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
- Any use or enjoyment that you may have already had out of the Goods;
- Any characteristics of the Goods which may cause them to deteriorate or expire rapidly;
- The fact that the Goods consist of audio or video recordings or computer software and that the packaging has been opened;
- Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase.
- Such discretion to be exercised only within the confines of the law.
- Orders for goods which are not general stock items and which are subject to SPECIAL ORDER provisions are only accepted by the Company on the basis that such orders cannot be cancelled by the Customer nor the goods returned to the Company and that refund cannot be issued for any E.S.O. items for Honda, Yamaha, Suzuki, Kawasaki or any other manufacturer’s parts, components or accessories.
- If you wish to opt-out of our placing cookies onto your computer or device, please adjust your internet browser's settings to restrict cookies as detailed in your internet browser's help menu. You may also wish to delete cookies which have already been placed. For instructions on how to do this, please consult your internet browser's help menu.
- FOWLERS OF BRISTOL LTD makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
- No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
- No part of this Website is intended to constitute a contractual offer capable of acceptance.
- Whilst FOWLERS OF BRISTOL LTD uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
18. Changes to the service and these terms and conditions
- FOWLERS OF BRISTOL LTD reserves the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If FOWLERS OF BRISTOL LTD is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
19. Availability of the Website
- The Service is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
- FOWLERS OF BRISTOL LTD accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
20. Limitation of Liability
- To the maximum extent permitted by law, FOWLERS OF BRISTOL LTD accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.
- Nothing in these Terms and Conditions excludes or restricts FOWLERS OF BRISTOL LTD's liability for death or personal injury resulting from any negligence or fraud on the part of FOWLERS OF BRISTOL LTD.
- Nothing in these Terms and Conditions excludes or restricts FOWLERS OF BRISTOL LTD's liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Website.
- The buyer accepts that Goods adapted or modified by the purchaser shall no longer be warranted by the manufacturer nor shall FOWLERS OF BRISTOL LTD be liable for any failures as a result of such modification.
- Where goods purchased by the buyer are alleged to be defective, the purchaser agrees to return such goods to the seller for inspection without the replacement of goods until such an inspection is complete. The purchaser also accepts that where goods have been incorrectly supplied or are alleged to be defective, the seller takes no responsibility for any consequential losses incurred.
- Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Consumer Rights Act 2015, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
21. Delays & Force Majeure
- In the case of ordered goods the Company will use its best endeavours to ensure availability of the same by the date and time requested. However, the Company can offer no guarantee with respect to the provisions of this clause and cannot accept responsibility for delay resulting from the none or late availability of any goods or other reasons beyond its control.
- In the event of the performance of any obligation accepted by the Company being prevented, delayed or in any way interfered with by any direction of government or other competent authority, industrial dispute, strike, breakdown of plant or machinery, accident, fire or by any other cause beyond the Company’s reasonable control the Company may, at its sole option, suspend performance or cancel its obligation under the Contract without damage or consequential loss arising.
22. No Waiver
- In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
23. Previous Terms and Conditions
- In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
24. Third Party Rights
- Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and FOWLERS OF BRISTOL LTD
- All notices / communications shall be given to us either by post to our Premises (see address above) or by email to [email protected]. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
- FOWLERS OF BRISTOL LTD may from time to time send you information about our products and/or services. If you do not wish to receive such information, please click on the unsubscribe link in any email which you receive from us.
26. Law and Jurisdiction
- These Terms and Conditions and the relationship between you and FOWLERS OF BRISTOL LTD shall be governed by and construed in accordance with the Law of England and Wales and FOWLERS OF BRISTOL LTD and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
27. Changes to the service and these terms and conditions
In the event of a complaint or dispute of any kind our complaints handling procedure which can be found on our website at www.fowlers.co.uk/contact/Customer-Complaint-Procedure-Form.pdf and is available from the Company on request.
All complaints should be addressed to:
FOWLERS OF BRISTOL LTD
2-12 BATH ROAD
Where the Customer’s complaint cannot be resolved, once the Customer has exhausted the Company’s internal process the Customer may refer the dispute to the following ADR entity,
The National Conciliation Service
2-3 Allerton Road
For details of this service the Customer can contact them on 01788 538317 or www.nationalconciliationservice.co.uk/
28. No variation or represeentation
Nothing said by our sales staff shall amount to any variation of these terms and conditions or representation about the nature or quality of our products.
29. Errors and Omissions Excepted
Every care is taken to ensure that all information given on this website is present and correct, although errors may exist. If you find an error or omission, please let us know, and it will be corrected as soon as possible after verification. If errors and / or omissions are present, it is not possible to offer the exact described product at the specified price, so we apologise for any inconvenience this may cause. It is advisable to check both specification and pricing before quoting, ordering or using information provided on this website.
Fowlers of Bristol Ltd Copyright© 2016