Terms & Conditions
Orders may be placed via the Jenvey Dynamics website or by telephone or in writing (including by email or fax).
The contract shall commence upon the Jenvey Dynamics confirming acceptance of the customer’s order.
Payment for internet orders shall be made at the time of the order, whilst payment for written and telephone orders shall be made prior to dispatch.
Customer’s have the benefit of a 12 month warranty in respect of the quality of goods.
Unused standard goods may be returned within 30 days for a full refund less an administration fee of 15%. The return of made to order goods must be agreed and subject to an administration fee of minimum 15%.
Jenvey Dynamics aim to deliver standard goods in the UK within 3 Business Days of the order being accepted and Orders outside the UK within 5 business days. Made to order Goods will usually be delivered within 12 business days of the order being accepted.
1.1 Definitions. In these Conditions, the following definitions apply:
Business Day: a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.
Conditions: the terms and conditions set out in this document as amended from time to time in accordance with clause 11.6.
Contract: the contract between the Supplier and the Customer for the sale and purchase of the Goods in accordance with these Conditions.
Customer: the person or firm who purchases the Goods from the Supplier.
Force Majeure Event: has the meaning given in clause 10.
Goods: the goods (or any part of them) set out in the Order.
Order: the Customer\'s order for the Goods, as set out:
On a purchase from the Suppliers website, in the Customer\'s internet purchase order form on the Supplier’s website;
On a purchase by telephone, the Suppliers written note confirming the details of the conversation; and
On a written request (including by e-mail or fax), the Customer’s notice in writing if its request to purchase.
Supplier: Jenvey Dynamics Limited (registered in England and Wales with company number 02155855)
2. Basis of contract
2.1 These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.2 The Order constitutes an offer by the Customer to purchase the Goods in accordance with these Conditions.
2.3 The Order shall only be deemed to be accepted when the Supplier issues a written confirmation of acceptance of the Order at which point the Contract shall come into existence.
2.4 The Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Supplier which is not set out in the Contract. Any samples, prices, drawings, descriptive matter, or advertising issued by the Supplier and any descriptions or illustrations contained in the Supplier\'s catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract or any other contract between the Supplier and the Customer for the sale of the Goods.
2.5 The Services are covered by the Consumer Protection (Distance Selling) Regulations 2000 (Regulations). By entering the Contract the Customer consents for the Supplier to deliver the Goods immediately and waives its right to cancel the Goods in accordance with the Regulations.
3.1 The Supplier shall deliver the Goods to the location set out in the Order or such other location as the parties may agree (Delivery Location). Delivery of the Goods shall be completed on the Goods\' arrival at the Delivery Location
3.2 With the exception of made to order Goods made to the particular specifications of the Customer which will usually be delivered within 12 Business Days of the Order being accepted, delivery of the Goods within the UK will usually take place within 3 Business Days of the Order being accepted. Goods supplied to customers outside of the UK will be delivered with 5 Business Days but any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. The Supplier shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure event or the Customer\'s failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
3.3 If the Supplier believes that the estimated delivery date in clause 3.2 cannot be achieved due to the Goods not being available for delivery it shall notify the Customer in writing of the revised estimated delivery date. The Customer may terminate the Contract not less than 5 Business Days before such revised estimated delivery date and shall receive a full refund.
3.4 If the Supplier fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. The Supplier shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the Customer\'s failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
3.5 If the Customer fails to accept delivery of the Goods, then, except where such failure or delay is caused by a Force Majeure Event or the Supplier\'s failure to comply with its obligations under the Contract:
(a) delivery of the Goods shall be deemed to have been completed at 9.00 am on the third Business Day following the day on which the Supplier sent the Goods to the Customer by post or courier; and
(b) the Supplier shall store the Goods until delivery takes place, and charge the Customer for all related costs and expenses (including insurance).
3.6 If 10 Business Days after the Supplier sent the Goods to the Customer but the Customer has not accepted delivery of them, the Supplier may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, account to the Customer for any excess over the price of the Goods or charge the Customer for any shortfall below the price of the Goods.
4.1 The Supplier warrants that on delivery, and for a period of 12 months from the date of delivery (warranty period), the Goods shall:
(a) be free from material defects in design, material and workmanship; and
(b) when dealing with a consumer be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
provided that the Goods are used for a purpose and in a manner which the Supplier at its sole discretion deems reasonable in the context of high performance motor sports.
4.2 Subject to clause 4.3, if:
(a) the Customer gives notice in writing to the Supplier during the warranty period within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 4.1; and
(b) the Supplier is given a reasonable opportunity of examining such Goods; and
(c) the Customer (if asked to do so by the Supplier) returns such Goods to the Supplier\'s place of business at the Customer\'s cost,
the Supplier shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods.
4.3 The Supplier shall not be liable for the Goods\' failure to comply with the warranty set out in clause 4.1 if:
(a) the Customer makes any further use of such Goods after giving notice in accordance with clause 4.2; or
(b) the defect arises because the Customer failed to follow the Supplier\'s oral or written instructions as to the storage, commissioning, installation, use and maintenance of the Goods or (if there are none) good trade practice; or
(c) the defect arises as a result of the Supplier following any drawing, design or specification supplied by the Customer; or
(d) the Customer alters or repairs such Goods without the written consent of the Supplier; or
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions in the context of high performance motor sports.
4.4 Except as provided in this clause 4, the Supplier shall have no liability to the Customer in respect of the Goods\' failure to comply with the warranty set out in clause 4.1.
4.5 Except as set out in these Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract, but nothing in these Conditions shall affect the Customer’s statutory rights as a Consumer.
4.6 These Conditions shall apply to any repaired or replacement Goods supplied by the Supplier.
5. Title and risk (clauses 5.2 to 5.4 only applicable to customers purchasing goods on credit)
5.1 The risk in the Goods shall pass to the Customer on completion of delivery.
6. Price and payment
6.1 The price of the Goods shall be the price set out in the Order, or, if no price is quoted, the price set out in the Supplier\'s price list in force as at the date of delivery as published on the Supplier’s website.
6.2 The price of the Goods is exclusive of the costs and charges of packaging, insurance and transport of the Goods, which shall be paid by the Customer when it pays for the Goods.
6.3 Payment for Goods ordered from the Suppliers website shall be made upon the Order being placed. Payment for Goods ordered in writing (including by e-mail or fax) or by telephone which are not confirmed by the Supplier as being purchased on credit shall be made prior to dispatch. Payment for Goods brought on credit by way of a written Order telephone Order shall be made on the 15th day of the month following the month of invoice.
7. Returns Policy
7.1 The Supplier shall at its discretion refund to the Customer the price of any unused standard Goods less 15% to account for the Supplier’s administration and delivery costs, provided that the unused Goods are returned to the Supplier within 30 days of delivery at the Customer’s expense and the Goods are in the same condition as they were on delivery to the Customer.
7.2 Subject to the Supplier’s agreement the Supplier shall at its discretion refund to the Customer the price of any unused made to order Goods (being those goods made to the particular specifications of the Customer) less a minimum of 15% to account for the Supplier’s administration and delivery costs, provided that the unused Goods are returned to the Supplier within 30 days of delivery at the Customer’s expense and the Goods are in the same condition as they were on delivery to the Customer.
8. Not applicable to Website
9. Limitation of liability
9.1 Nothing in these Conditions shall limit or exclude the Supplier\'s liability for:
(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation; or
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979; or
(d) defective products under the Consumer Protection Act 1987; or
(e) any matter in respect of which it would be unlawful for the Supplier to exclude or restrict liability.
9.2 Subject to clause 9.1:
(a) the Supplier shall not be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit or indirect or consequential loss arising under or in connection with the Contract (including any losses that may result from a deliberate breach of the Contract by the Supplier, its employees, agents or subcontractors); and
(b) the Supplier\'s total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, including losses caused by deliberate breach of the Contract by the Supplier, its employees, agents or subcontractors shall not exceed the price of the Goods.
10. Force majeure
Neither party shall be liable for any failure or delay in performing its obligations under the Contract to the extent that such failure or delay is caused by a Force Majeure Event. A Force Majeure Event means any event beyond a party\'s reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party\'s), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.
11.1 Assignment and subcontracting.
(a) The Supplier may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.
(b) The Customer may not assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract without the prior written consent of the Supplier.
(a) Any notice or other communication given to a party under or in connection with the Contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, sent by pre-paid first-class post, recorded delivery, commercial courier, fax or e-mail.
(b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 11.2(a); if sent by pre-paid first-class post or recorded delivery, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier\'s delivery receipt is signed; or, if sent by fax or e-mail, one Business Day after transmission.
(c) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
(a) If any court or competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.
(b) If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
11.4 Waiver. A waiver of any right or remedy under the Contract is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
11.5 Third party rights. A person who is not a party to the Contract shall not have any rights under or in connection with it.
11.6 Any variation to the Contract, including the introduction of any additional terms and conditions, shall only be binding when agreed in writing and signed by the Customer.
11.7 Governing law and jurisdiction. The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.