Terms & Conditions

TERMS & CONDITIONS

The Race Works (“we” “us”) website(s) (our “Site” or “Sites”) and related services are made available to you in accordance with the following Terms of Use & Service and any other rules posted on our Sites (collectively, the “TOS”). Please read the TOS carefully before placing any orders on www.theraceworks.com. We recommend you should keep a copy of the TOS for future reference.

The Race Works is a trading name of Redirect Marketing Limited, a company registered in England and Wales under registration number 07636614. Our registered address is 2 Villiers Court, 40 Upper Mulgrave Road, Cheam, Surrey SM2 7AJ. Our VAT number is GB177482471. If you have any comments about The Race Works, you can email us on [email protected]

In particular we wish to draw your attention to our policies relating to the terms of purchase within the TOS and our Privacy Policy. If you are under 16 you must let your parent or guardian know about The Race Works Privacy Policy before you register to use this Site or any of this Site’s services. We reserve the right to only accept orders from those over 18 years old however.

We may modify the TOS from time to time. Please read the TOS and check back often. If you do not agree to any change to the TOS then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.

Registration and account terms and conditions

To use some of the services or features made available to you on this Site you will need to register for an account. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address [email protected] We may also change registration requirements from time to time.

To create an account, simply click on SIGN IN and then REGISTER NOW to fill in your details. The account password you create should be unique and kept secure, and you must notify The Race Works immediately of any breach of security or unauthorised use of your account.

Should you have any issues with your account or need any help in relation to it, then please do not hesitate to contact our Customer Care Team. However, please note that we can only communicate with the named account holder in relation to any questions, changes, or cancellation of an account.

Forgotten your Password?  Do not worry, it happens to the best of us.

Follow the FORGOTTEN PASSWORD instructions on the SIGN IN page. For security reasons we are unable to send your password via email.

Please refer to our Privacy Policy for information about how we use your data.

Eligibility to purchase.

In order to make purchases on The Race Works Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.

The Site is available only to individuals and others who meet The Race Works terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to The Race Works, whose applications are acceptable to The Race Works and who have authorised The Race Works to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. The Race Works reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.

By making an offer to purchase merchandise you expressly authorise us to perform credit checks and where The Race Works feels necessary and to the extent permitted by the applicable laws, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorisation and to authorise individual purchase transactions.

Furthermore, you agree that we may use Personal information provided by you in order to conduct appropriate anti-fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.

Please refer to our Privacy Policy for further information about how we use your data.

Orders

All orders are subject to acceptance and availability, and items in your Shopping Cart are not reserved and may be purchased by other customers up until payment has been confirmed.

The Race Works generally offers products for sale that are physically in stock and available for dispatch from one of our two distribution centres. Occasionally however, we may be waiting for shipments from one of the Teams or brands that we purchase directly from. Consequently you may, from time to time be given the possibility of making an Advance Payment for certain items, in which case you are able to make an Advance Purchase. This will ensure that you receive this item in priority once designer stock has been delivered to The Race Works. The Race Works will only take Advance Purchase orders for stock that has been scheduled for delivery by a supplier. Your rights regarding Advance Purchase are the same as those for any other purchase at The Race Works.

Items received into stock may be pre-allocated to satisfy Advance Payment orders and customers making Advance Payments will receive items in priority to customers on the Waiting List or customers ordering through the Site for immediate delivery. Please be aware that we may be unable to deliver selected Advance Payment merchandise due to production problems or quality check issues identified when we receive an order into stock. In these circumstances we will notify you by email and refund the Advance Payment to your credit/debit card within thirty days of being advised that merchandise has become unavailable.

If you have registered your email address for notification of the arrival of a specific product featured on our Site, we will attempt to notify you by email within 48 hours of the product becoming available on the Site. Please be aware that on occasion certain products that are in particularly high demand will sell out during this period.

The Race Works will store a record of your transactions for a minimum of one year.

Pricing Policy

Prices shown on the Site are in GBP or Euros and are inclusive of VAT at the applicable rate unless you have selected an alternative country where VAT is not chargeable. The GBP or Euros price of a product displayed on the Site at the time the order is accepted will be honoured, except in cases of listing error. From time to time, prices are subject to change in response to currency exchange rate changes, mark downs and other commercial factors. The price applicable to your order will be the price current at the time your order is accepted.  Customers purchasing from countries outside the UK will incur relevant import duty and tax. These costs are not included in the final purchase price. Import duty or tax costs will be invoiced to you directly from DHL or an import broker appointed by you. We recommend you contact your local customs authority to determine a landed cost price prior to purchase completion.

If you are a customer whose credit/debit card is not denominated in Sterling or Euros, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.  Regardless of your shopping destination and the currency you shop in, your purchase may be processed by a regional affiliate company, in which case your bank may charge you an international transaction fee. The Race Works is not responsible for any such fee or charge.

Acceptance of your order

Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is not an acceptance of your order, just a confirmation that we have received it.

Unless you cancel your order, acceptance of your order and completion of the contract between you and The Race Works will be completed when we email you to confirm the goods have been dispatched. The sale contract is therefore concluded in Surrey, England and the language of the contract is English. Neither our third-party payment processor nor our nominated courier has the authority to accept an order on behalf of The Race Works.

We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorisation for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the TOS.

We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

Whilst every effort is made to make sure details on our website are accurate, we may from time to time discover an error in the pricing or listing of products. If we discover an error in the pricing or listing of a product in your order, we will let you know as soon as possible. We shall be under no obligation to accept or fulfil an order for a product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order a product that is priced incorrectly for any reason, we will email or telephone you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you have already paid for the goods, we shall refund the full amount as soon as we are able. In the event that products are recalled in transit, we will process your refund once the products have been returned to us.

Payment

Payment can be made by Visa, MasterCard, Maestro, and any other methods which may be clearly advertised on the Site from time to time. You can also choose to pay with PayPal. When selecting this option at checkout, you will be directed to the PayPal site to ‘Log In’ and review the amount shown before clicking ‘Pay Now’. Once this transaction is complete, you will then return to www.theraceworks.com. Payment will either be debited and cleared from your account upon dispatch of your order or processed at the latest five days after the date of purchase, whichever is earlier. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to The Race Works, we will not be liable for any delay or non-delivery of goods.

We take all reasonable care to make our Site secure. All credit/debit card transactions on this site are processed using a secure online payment gateway that encrypts your card details in a secure host environment.

We take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from The Race Works.

Insurance and delivery

You will own the goods on and from the later of the point in time when: (a) we receive payment in full, or (b) we deliver the goods to you. The Race Works insure each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which  point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfilment by The Race Works, and transfer of responsibility in the same way. The goods are your responsibility from the time we deliver them to the address you gave us.

Our shippers can, on occasion deliver an order to certain destinations without collecting a signature. If this option applies to your shipping address, the signature opt out will be set by default. Please note, that if no signature is collected, you agree to our terms and conditions and, confirm that The Race Works can leave your package(s) outside the premises at the shipping address provided by you without obtaining a signature for proof of delivery. Please be aware, that if no signature is collected, you agree to our terms and conditions and take full responsibility for any loss or damage that may occur. On occasion, the shipper may refuse to deliver your order if they are of the opinion that the shipping address is unsafe. Please note that we aim to dispatch all orders within 48 hours, or 72 hours during sale periods. Delivery times are estimates and are to be used as a guide only and commence from the date of dispatch. In any event, we will deliver the goods to you within 30 days of the day on which we accept your order.  The Race Works is not responsible for any delays caused by destination customs clearance processes, or courier / postal delays.  If delivery is delayed by any event outside of our control, we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to cancel your order and we will give you a refund for any goods you have paid for but not received.

 

Returns and exchange.

CANCELLING YOUR ORDER UNDER THE CONSUMER CONTRACTS (INFORMATION, CANCELLATION AND ADDITIONAL CHARGES) REGULATIONS 2013

If you are based in the EU under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (ICACRs), you have the right to cancel your order with us provided you give us written notice.

Right to Cancel under the ICACRs

You have the right to cancel your order within 14 days without giving any reason.

The cancellation period will expire 14 days from the day after the day on which you (or someone you nominate, other than a carrier) receives the last of the goods.

To exercise the right to cancel, you must inform us by letter to: Notice of Contract Cancellation, Customer Care Department, The Race Works, Unit 5 Glebeland Centre, Vincent Lane, Dorking Surrey RH4 3HW, or by email to: [email protected]

For orders cancelled under the ICACRs, we will issue you with a full refund including the shipping cost paid by you. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.

We will make reimbursement without undue delay, and not later than: 14 days after the day we receive back from you any of the goods supplied; or (if earlier) 14 days after the day you provide us with evidence that the good have been returned; or if no goods were supplied, 14 days after the day on which we are informed about your cancellation.  We will make reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.  In the event that we have sent goods to you and you have cancelled your order, we may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent the goods back, whichever is the earliest. If we do not receive the cancelled goods back, we may arrange to have them collected from you at your cost.

You shall return cancelled orders to: The Race Works, Unit 5 Glebeland Centre, Vincent Lane, Dorking Surrey RH4 3HW, without undue delay and in any event not later than 14 days from day on which you communicate your cancellation of the contract to us. The deadline is met if you send the goods before the period of 14 days has expired.

You will have to bear the cost of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling, other than what is necessary to establish the nature, characteristics and functioning of the goods.   Please note you may only use your right to cancel the order under the ICACRs if you give us formal written notice of cancellation any time after your order has been placed, up until 14 calendar days from the day after you receive your order, by email or post as described above.

  1. Our Policy

Items should be returned unused and with all original packaging and with garment tags still attached. Returns that are damaged or soiled will not be accepted and will be sent back to the customer and/or a refund refused.   All returns should be requested before you send your item(s) back to us to allow for easy identification and prompt processing. Unidentified returns will be returned to the sender.

Faulty goods

Goods are classified as faulty if they are not of satisfactory quality, fit for purpose or as described. Please note that items which are damaged or because of normal wear and tear; by accident; or through misuse will not be considered faulty.  If your item is faulty when you receive it, you can return it for a refund within 30 days from the date you received it. If you have owned your item for longer than this, and certainly over 6 months, then please contact us before returning the item.

Colours

We have made every effort to display as accurately as possible the colours of our products that appear on The Race Works. However, as computer monitors vary, we cannot guarantee that your monitor’s display of any colour will be completely accurate.

Repeated Returns

We offer a flexible returns policy to make your online shopping experience even easier. However, customers returning items repeatedly may be refused at our discretion.

Non- The Race Works returns

Please be aware that we will not be held responsible for any items that are returned to us which were not purchased from The Race Works. This includes personal items as well as items which may have been purchased from other third-party companies. Whilst we will make reasonable efforts to try and locate the owner of any such items, it is your responsibility to contact us as soon as possible in order to arrange their return to you.

Please note that we will only ever be able to return the items to you directly and not to any third party or company. Certain items (such as passports, driving licences and bank cards) will always be sent to the relevant authority, bank or government agency directly and you should report any loss of these items to the appropriate office immediately.

We will keep non-The Race Works items for up to one month, however we reserve the right to dispose of them as we deem fit after this time (which may include donating such items to a charity of our choice). Any hazardous or flammable products, as well as items of little monetary value will be kept for collection or returned at cost per shipper invoice.

Intellectual property rights

Your use of the Site and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including The Race Works Software and all HTML and other code contained in this Site. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorised by The Race Works and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.

Content

In addition to the Intellectual property rights mentioned above, “Content” is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. The Race Works tries to ensure that the information on this site is accurate and complete. The Race Works does not promise that The Race Works’ Content is accurate or error-free. The Race Works does not promise that the functional aspects of the Site or The Race Works Content will be error free or that this Site, The Race Works Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.

The personal opinions of the designers and labels whose products we sell, or any third parties with whom we are associated are their own and do not necessarily reflect the views of The Race Works and we accept no responsibility for any such views expressed in any media.

 

No commercial use

This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, data mine or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.

Your activity

You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis.

Third party

We may include hyperlinks on this Site to other websites or resources operated by parties other than The Race Works, including advertisers. The Race Works has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.

Your rights

You have certain rights under the law. In England these include: That any products you order through this Site will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this Site. Certain remedies if a product is defective; and A right to cancel any order for a product within 14 days after the date of receipt of the product and receive a full refund even if it is not defective (see Cancelling your order above).

Nothing in the TOS is intended to affect these rights. For more information about your rights contact your local Citizens Advice Bureau or Trading Standards Bureau.

If The Race Works fail to comply with the TOS, we are responsible for loss or damage you suffer as a foreseeable result of us breaching the TOS. Loss or damage is foreseeable if it is obvious that it will happen or if, at the time the contract is made, both you and The Race Works knew it might happen, for example, if you discussed it with us during the sales process. We will only be liable for loss or damage up to 150% of the total value of goods purchased.

We are not responsible for losses not caused by our breach or negligence, indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us (for example, loss of profits or loss of opportunity).

We are also not responsible for failure to meet any of our obligations under the TOS where such failure is due to events beyond our reasonable control.

Compensation

At our request, you agree to compensate us fully, defend us, and hold The Race Works harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you, including the use by any other persons accessing this Site using your Internet account caused by your action or inaction.

Our relationship

You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and The Race Works because of the TOS or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of The Race Works, and we shall not be liable for any representation, act, or omission on your part.

No waiver

If you breach the TOS and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the TOS.

Complaints and Governing law

If you have a complaint about us, email [email protected] giving full details including date of purchase and order reference number where applicable and your full name and address and contact details. The TOS together with all our policies and procedures will be governed by and construed in accordance with the English law and the relevant courts of England and Wales will have exclusive jurisdiction.

If there is a dispute that we have been unable to resolve with you directly, EU resident customers can find more information about alternative dispute resolution via the European Online Dispute Resolution platform (https://ec.europa.eu/consumers/odr).

For more information, please contact our Sales Team on [email protected]