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Terms & Conditions

Terms & Conditions

Fast Fox Terms & Conditions

1 Definitions

In these Conditions, the following words shall have the following meanings:

•               1.1 "Seller" means Fast Fox Limited (Company Number   08951117) whose registered office is at The Old Chapel, Union Way, Witney, Oxon, OX28 6HD

•               1.2 "Buyer" means the person, firm or company placing an order with the Seller.

•               1.3 "Goods" mean those goods which are the subject of the Buyer’s order and which are to be supplied to the Buyer by the Seller under these Conditions.

•               1.4 "Contract" means the contract for the supply of Goods formed by the Seller’s acceptance of the Buyer’s order.

•               1.5 "VAT" means value-added tax.

•               1.6 "Website" means the Seller’s website at http://www.fastfoxperformance.com or such other URL as the Seller may from time to time determine and from which Goods may be ordered.

 

2 Formation of Contract

2.1 All Goods sold by the Seller are sold subject to these Conditions which shall govern the Contract to the exclusion of any other terms and shall be the sole terms and conditions of any sale by the Seller to the Buyer. No employee or agent of the Seller has the Seller’s authority to vary, amend or waive any of these Conditions on behalf of the Seller and no amendment or addition to any of them shall be deemed to have been accepted unless accepted in writing by the Seller.

2.2 The Seller’s employees or agents are not authorised to make any representation with regard to the subject matter of the Contract. In entering into the Contract the Buyer acknowledges that if it relies on any representation, advice or recommendation given by the Seller, its employees or agents to the Buyer as to the use of the Goods it does so entirely at the Buyer’s own risk.

2.3 The seller shall comply with all relevant section of the Consumer Contracts Regulations 2013. and all appropriate UK consumer legislation.

 

3 Placing and Acceptance of Orders

3.1 Acceptance by the Seller of the Buyer’s order is in all cases subject to the availability of Goods for delivery, the correct price payable for the Goods being received. In the case of online order this shall be deemed to be authorisation of the debit card or credit card for payment, by the issuer of the card

3.2 In the event that the Buyer submits an order for Goods via the Website, the Seller will confirm receipt of the Buyer’s order by sending an order acknowledgment e-mail to the Buyer as soon as possible after submission of the order. Receipt of this order acknowledgment e-mail signifies that the Seller has received the Buyer’s order but does not signify that the Seller has accepted the Buyer’s order. Acceptance of the Buyer’s order will be deemed when the Seller sends an order shipped e-mail to the Buyer and the Buyer should not assume that the order has been accepted until such order shipped e-mail has been received by the Buyer. There is no Contract in respect of the Goods until the Seller has sent an order shipped e-mail which accepts the Buyer’s order.

3.3 All Contracts accepted by the Seller following the submission of an order via the Website shall be in the English language, unless agreed otherwise between the parties.

3.4 Acceptance by the Seller of each of the Buyer’s orders brings into existence a separate legally binding contract between the Seller and the Buyer.

3.5 In the absence of any documentary evidence, acceptance is deemed to have been given by the Seller on delivery of the Goods to the Buyer’s address shown in the order.

3.6 The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any order and specification submitted by the Buyer and for checking and ensuring the accuracy of any order acknowledgement issued by the Seller. In submitting an order to the Seller, the Buyer agrees to the Seller’s checking of the information contained in the Buyer’s order as well as for credit checking with a reputable credit reference agency.

3.7 All specifications of the Goods are given by the Seller in the belief that they are as accurate as reasonably possible but are not to be treated as binding or as forming part of or incorporated by reference into the Contract.

3.8 Images used by the Seller in the site are for illustrative purposes only. Any images may not be of the actual product. Images in the coatings sections are to demonstrate colours only and not intended to reprsent an actual part.

4 Price of the Goods

4.1 The price payable for the Goods shall be as stated in the Seller’s price list current at the date of acceptance of the order, as set out on the Website (in the case of orders submitted via the Website only) All prices quoted are only valid at that time and they may be altered by the Seller without giving notice to the Buyer.

4.2 The Seller reserves the right by giving notice in writing to the Buyer at any time before delivery to increase the price for the Goods to reflect any increase in cost to the Seller which is beyond the control of the Seller (such as, without limitation, any foreign exchange fluctuations, currency regulation, alteration of duties, any change in quantities or specification which is requested by the Buyer, or which is due to any failure by the Buyer to give the Seller adequate information or instructions.

4.3 The price of the Goods is exclusive of the cost of delivery. All prices displayed in the site will by default be inclusive of VAT and shown within the checkout process as a separate figure. Prices excluding VAT can be shown by the customer choosing that option but the buyer understands that VAT will be charged during the checkout process.

4.4 Information including prices payable for Goods on the Website is an “invitation to treat” and not a contractual offer from the Seller which the Buyer may accept. The Seller reserves the right to correct any errors in that information without any liability to the Buyer. In no circumstances will the Seller be contractually bound to supply the Buyer with Goods on the basis of any incorrect information, even if that information is repeated in the Buyer’s order.

5 Delivery

5.1 Unless otherwise agreed in writing, the Goods will be delivered to the Buyer at the address for delivery specified in the Buyer’s order or otherwise agreed with the Seller (or in the absence of a specified address or agreement, to the invoice address of the Buyer).

5.2 Any delivery dates given to the Buyer by the Seller are given for guidance purposes only. Although the Seller will use all reasonable efforts to meet delivery dates, it shall not be liable to the Buyer for any loss or damage, whether direct, indirect or consequential for any delay in delivery, in whole or in part, howsoever caused.

5.3 All Goods must be inspected by the Buyer immediately on delivery. If any Goods are damaged or lost or if there has been short delivery, the Buyer must endorse the consignment note supplied by the carrier accordingly and submit a detailed written claim to the Seller within 2 (two) working days of delivery of the Goods to enable the seller the means to rectify swiftly on the buyers behalf.

5.5 Except as otherwise provided in these Conditions, the risk of loss or damage to the Goods shall pass to the Buyer upon delivery of the Goods.

5.6 Some of our suppliers despatch directly to our customers since certain ranges of products are fabricated to order. In these cases there will sometimes be a slight delay in shipment. Where this is the case we will always try to make this clear to our customers before purchase

5.7 Fast Fox Limited provides free standard shipping (and collection in the case of Zircotec coatings) on all orders over £100 and being shipped to standard UK mainland addresses. We are sadly unable to provide this offer to areas of the UK Highlands and Islands including Channel Islands, Isle of Wight, Isle of Man, Scilly Isles and Nothern Ireland due to restrictions by UK couriers. For a full list of UK postcodes affected by these restrictions refer to the Delivery & Returns page..

5.8 Fast Fox Limited reserves the right to alter or withdraw the free shipping offers at any time or upon being informed of changes by our preferred couriers

6 Payment

6.1 Payment shall be taken via debit or credit card verification

6.2 The time of payment of the price shall be of the essence of the Contract.

7 Ownership of the Goods

7.1 Notwithstanding delivery and the passing of risk in Goods, the Seller shall retain title to and ownership of the Goods until it has received payment in full of all sums due for all Goods supplied to the Buyer

8 Return of Goods

8.1 Goods correctly supplied and neither damaged nor faulty in accordance with the Buyer’s order may be returned for a full refund including the original shipping cost for up to fourteen (14) days after delivery in accordance with the terms of the Consumer Contracts Regulations 2013. In this case the return postage shall be at the buyers expense.

8.2 This does not apply to bespoke products or coatings supplied. In the case of coatings the arrival of the customer’s part at the Seller's 'send to' address for coating shall be taken as instructions to commence the service. In the case of purchasing a product from www.FastFoxperformance.com and purchasing the option of a ceramic coating said product, receipt of the order shall be taken to provide instructions to commence the service. The buyer loses the right to cancel after the point at which instructions to commence the service have been received unless the seller responds in writing confirming they have not commenced the provision of the coatings service. In this case any shipping costs shall be at the expense of the buyer. This is in accordance with the provisions of the Consumer Contracts Regulations 2013. To contact the Seller see the Contact Us page.

8.3 If such written consent referred to in clause 8.2 is forthcoming a returned goods handling charge of 15% (fifteen per cent) of the price (or £5.00 if greater) will be made. 

8.4 The customer shall take all reasonable steps to prevent loss or damage to goods being returned. Fast Fox reserves the right to refuse clearly damaged or ill used goods and strongly recommends goods being returned are photographed before shipping for proof of their being returned in 'as new' condition fit for re-sale.

8.5 In no circumstances will new Goods which have, in the reasonable opinion of the Seller, been used be considered by the Seller for return unless there is (in the opinion of the Seller) a valid reason for such return.

9 Faulty Goods

9.1 In the unlikely event of the buyer receiving faulty goods the buyer should in the first instance contact FastFox Performance via email (see contact us page) explaining the issue. In most cases the seller will offer to replace the product with another new identical product. If for some reason this is impossible FastFox Performance will offer an alternative or a full refund to the buyer. In this instance the return of the products shall be at the seller’s expense unless otherwise agreed in writing.

10 Warranties and Liability

10.1 The Seller will make every effort to ensure that the Goods supplied will be of satisfactory quality and warrants that the Goods will be free from defects in materials and workmanship for a period of 12 (twelve) months from the date of delivery unless the manufacturer of the product offers a longer period.

10.2 The Seller shall be under no liability:

•               (a) in respect of any defect in the Goods arising from any drawing, design or specification supplied by the Buyer;

•               (b) in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Seller’s instructions (whether oral or written), misuse or alteration or repair of the Goods without the Seller’s approval;

•               (c) if the total price for the Goods has not been paid by the due date for payment; or

•               (d) in respect of parts or materials not manufactured by the Seller, in respect of which the Buyer shall only be entitled to the benefit of any warranty or guarantee which is given by the manufacturer to the Seller.

•   (e) in respect of any product used in a vehicle which has participated in motorsport or trackday where said product has been described as for 'road use'.

10.3 Any claim by the Buyer based on any defect in the quality or condition of the Goods or their failure to correspond with the agreed specification shall (whether or not delivery is refused by the Buyer) be notified to the Seller within 7 (seven) days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused, and the Buyer does not notify the Seller accordingly, the Buyer shall not be entitled to reject the Goods after a period of fourteen days (14) as per the Consumer Contracts Regulations 2013 and the Seller shall have no liability for such defect or failure,

10.4 Where any valid claim in respect of any of the Goods (which is based on any defect in the quality or condition of the Goods or their failure to meet the agreed specification) is notified to the Seller in accordance with these Conditions, the Seller shall (subject to (i) the Seller giving its prior written consent to return of the Goods; and (ii) the Buyer returning the Goods at its own expense to such location as the Seller may notify in writing with details of the invoice covering the purchase and a description of the problem) be entitled to repair or replace the Goods (or the part(s) in question) free of charge or, at the Seller’s sole discretion, refund to the Buyer the price of the Goods (or a proportionate part of the price), but the Seller shall have no further liability to the Buyer.

10.5 In no circumstances shall the Seller's liability to the Buyer for any breach of warranty exceed (i) the price paid for the Goods in respect of which the claim is made; and (ii) any sum recovered by the Seller from its own supplier (after having used all reasonable endeavours to make such recovery) in respect of the defective Goods or part thereof.

10.6 Except as provided for in these Conditions, there are no warranties, express or implied, of satisfactory quality or of fitness for a particular purpose, or of any other kind except as to title. In particular, all conditions and warranties which would otherwise be implied by statute or under the common law are hereby excluded to the fullest extent permitted by law.

10.7 The Seller shall under no circumstances be liable for loss of profits, revenue or business opportunity, whether direct or indirect, or for any other indirect, special or consequential loss (including loss of anticipated profit or third party claims) howsoever arising either from breach or non-performance of any of its obligations under the Contract or from the supply of or intended use of the Goods, even if the Seller has been advised of the possibility of such potential loss, except that the Seller shall be liable for loss arising from death or personal injury resulting from the proven negligence of the Seller.

10.8 All recommendations and advice given by or on behalf of the Seller to the Buyer as to methods of storing, using or applying the Goods, the purposes for which the Goods may be applied and the suitability of using the Goods in any manufacturing process or in connection with any other materials are given for guidance only.

11 Intellectual Property

11.1 The Seller retains copyright in respect of all drawings, plans, specifications and catalogues issued by it to the Buyer and the Contract shall not be deemed to transfer to the Buyer any of the Seller’s copyright, patents, designs, trademarks or other intellectual property rights.

11.2 "Fast Fox Limited" and "Fast Fox” are  trademarks of the Seller.

11.3 The "Fast Fox Limited" running fox logos are registered trademarks of the Seller.

11.5 Whilst the Seller is not aware of any infringement by the Goods of any third party’s intellectual property rights, the Seller makes no representation or warranty that use of the Goods does not infringe any such rights and the Seller accepts no liability in this respect.

12 Legal Framework

12.1 The Seller’s address and various contact details are available on the Contact Us page or the Buyer can e-mail the Seller at customer_service@fastfoxperformance.com. Alternatively customers may also contact Fast Fox Limited by phone 01865 600010

12.2 The Seller shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in or failure to perform any of its obligations under the Contract if the delay or failure was caused by circumstances outside the reasonable control of the Seller.

12.3 The failure of the Seller to insist upon the strict performance of any of the terms and conditions of the Contract shall not be construed as a waiver of any such term or condition and shall in no way affect the Seller’s right to enforce such provision later.

12.4 If it becomes necessary for a court to enforce these Conditions and any one of these Conditions is found to be invalid or unenforceable this will not affect the remainder of these Conditions.

12.5 A person who is not a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract between the Seller and the Buyer but this does not affect any right or remedy of a third party which exists or is available apart from that Act.

12.6 The construction, validity and performance of the Contract shall be governed by English Law and by entering into the Contract the parties submit to the jurisdiction of the English courts.