These terms and conditions do not affect your statutory rights as a consumer
Welcome to the terms and conditions of sale of Historica Limited having its registered address at 21 The Point, Rockingham Road, Market Harborough, Leicestershire, LE16 7NU (registered number: 7267966, VAT registration number: GB 992297959)(“Historica”, “we”, “us”, “our”, “the Company”). We sell or supply historic racewear and classic driver accessories.
Formation of Contract
- These terms of sale apply to all goods supplied by Historica Ltd.
- No contract exists between you and us for the sale of any goods, until we have received and accepted your order and sent you confirmation in writing or by email to the address or email address you have given. Once we have done this, there is a binding legal contract between us.
- The contract is subject to your right of cancellation.
- We may change these terms of sale without notice to you in relation to future sales.
Payment and Refunds
- All orders are subject to these terms and conditions unless otherwise agreed by a director of Historica Ltd in writing. No terms or conditions, verbal representations and/or other statements forwarded by you, shall be valid unless confirmed in writing by a director of Historica Ltd.
- If the Items you have ordered and paid for are not available for whatever reason we will offer you a full refund on the Items that are not available.
- You will not be entitled to a refund or an exchange where any Items ordered and paid for are bespoke or made to your personal requirements, measurements, choice of colour, materials etc. whether in part or full, and/or the manufacturing aspect of the Items involve any input from you whether done by you or anyone hired by you (“Bespoke Items”).
- Please check your measurements and measuring tools before placing an order as we cannot be liable for mistakes made by you and you will be committed to pay for the full order for items considered to be Bespoke Items.
- Whilst we will exercise reasonable care in carrying out your instructions we accept no liability for inaccuracies on the basis of drawings, specifications, measurements etc. submitted by you.
Please note that we offer no guarantee as to the accuracy of manufacturers’ measurements, dimensions etc and shall not be held liable for the same.
Design and advisory services whether through the website or otherwise (including the preparation of drawings, specifications, contract particulars etc.) are provided with reasonable skill and care, but no other representation or undertaking is made or is to be implied in connection with any such services, nor shall we be under any liability whatsoever in respect of these services unless we have specifically agreed in writing with you on a separate agreement in relation to the same.
You will not be entitled to a refund whether in full or part 7 working days after you have received the Items (“Cooling-Off Period”) therefore it is up to you to ensure that you check the Items as soon as they are delivered.
We will not be liable to provide a refund or exchange on any Items which you wish to return to us after the Cooling-Off Period has expired.
All payments are due in full when we confirm that the requested Items are in stock and before we deliver to you. All payments are processed upon receipt of order. This system is in place to ensure that payment is valid prior to us ordering the Items for you.
Where you have paid by credit card and the credit card company makes a charge to us (which you will be advised of at the time of making the order) we reserve the right to pass that charge on to you and you will be advised of the same before we proceed with your order.
Please note that the delivery charges, credit card charges and any other additional charges which you have been notified of may vary from time to time but are included in the total cost of your order.
Historica Ltd accepts no liability for any failure to deliver Items where this results from its inability to do so or its decision on reasonable grounds not to do so, provided that it takes all reasonable steps to notify you within 14 days of order placement that Items will not be delivered as ordered. In such cases we will not process payment until we are able to confirm the Items are in stock and will be shipped to you.
We retain ownership of Items ordered until such time as we have received full payment for such Items and delivered the same to you whereupon title will pass to you.
Notwithstanding clause 18, the risk of any loss or damage to the Items passes from us to you once delivery has been made to you or you have been notified that the Items are ready for collection.
If you are a resident of the EU, VAT will be added to the Items ordered unless we specifically exclude it in writing because you own a business and you have provided us with your country code and a valid VAT number. If you are a non-EU resident, VAT will not be charged although you will be responsible for local import charges and taxes levied in your country of residence.
Payment and Refunds
You will have the right to cancel any contract within seven working days of delivery of the goods. Bespoke items are not returnable under the terms of this clause.
We must receive your notice of cancellation in writing, signed by you, the buyer, which details clearly the sales order number, the name and address of the buyer and a copy of the original invoice either by email, fax or post to our trading address.
Once the notice is received, you will be liable to return the goods to the Company’s trading address forthwith, in their original packaging (without having been used and with all relevant seals and enclosures intact) and at your sole expense.
If you fail to return the goods in accordance with clause 23 within 7 days of the cancellation of contract, the Company will not refund you.
Where items are returned within 7 days and in the original packaging (and without being used with all relevant seals and enclosures intact), as long as the item is not a Bespoke Item, credit will be made within 7 days of receipt by the buyer. Credit shall be subject to the buyer providing proof of purchase and returning goods carriage paid.
Where we are providing a service and you are paying for that service (the “Service”) you will have a right to cancel the Service provided you do so in writing, within 7 working days after the day in which you agreed to go ahead with that Service (“Cooling-Off Period”).
Please note that for Bespoke Items, if you cancel your order before delivery is made, you are liable to pay the full cost of the Bespoke Items.
In respect of Bespoke Items, any timings, deadlines or completion dates given are approximate and time shall not be of the essence.
We aim to give you at least 5 days notice of the date on which we intend to deliver the Items to you (“Delivery Date”). Delivery times are approximate and time shall not be of the essence.
If you are not present at the time of delivery, the goods will be sent to our nearest depot (the location of which shall be determined at our sole discretion) either for you to pick the items up or for delivery to be effected again at your cost.
Unless advised in writing 5 working days before the Delivery Date, all orders will be delivered to the address agreed at the date the contract was formed, which is when payment is made by you.
We or any company we choose to use as our deliverers shall only be obliged to accept the signature of an apparently authorised person, unless you have notified to us in writing specifically providing details of whose signature we or our deliverers should obtain 5 days prior to the Delivery Date.
Returns and Damaged Goods
You must notify us in writing of any shortages, damages, defects in quality or poor conditions of the Items or failure of the Items to correspond with the specification within 7 working days after the date of delivery (“Complaint Period”). Please note that we would ask that you inspect the Items immediately when they are delivered to you to prevent any concerns over the loss of your rights under this agreement. Failure to notify us within the Complaint Period will result in the loss of your right to have the defects etc. remedied to our absolute discretion.
Damaged or faulty Items will be replaced or refunded at our sole discretion provided you are able to demonstrate to us that the damage took place before you received the Items and you have notified us in writing within the Complaint Period.
Where we have offered to refund or exchange Items, for the offer to be valid you must return the goods in the same condition as they were delivered to you to include the packaging and contents with all the appropriate documentation.
Where goods are defective, incorrectly supplied etc. all losses incurred by the buyer are excluded and shall not be reclaimable from the Company. The Company shall accept no liability for death or personal injury unless caused directly by the Company’s own negligence.
Items which are sold as ‘Seconds’ on our website are strictly non-refundable and non-returnable.
Please note that some of these terms and conditions will not apply where you have ordered Items which carry manufacturer’s guarantee.
Product descriptions on the web-site or on printed material and samples on display are indicative only and any specifications, weights, measurements and technical data are for guidance only. Pictures are for illustration purposes only and may vary in size, specification, and fitting. Buyers are advised to check details with manufacturers or the Company prior to order.
In all circumstances please note that time is not the essence of the contract, the Delivery Date is given in good faith but is not guaranteed and no liability will be accepted for any loss whatsoever suffered or caused through late or non-delivery.
We exclude all liability, warranties, conditions and implied terms to the fullest extent permitted by law, except in respect of death or personal injury caused by our negligence.
Nothing in these terms and conditions confers or purports to confer on any third party any benefit or any right to enforce any terms or conditions of this contract between Historica Ltd and you.
If any of these terms or conditions are held by a competent authority to be invalid or unenforceable in whole or in part, the validity of the remainder terms and conditions shall not be affected.
Our performance of any part of this contract with you is subject to variation or cancellation and the grant of an extension of time, from any cause occurring and/or ongoing from an act of god, war, strikes, lock-outs, flood, drought or other cause of nature or government action whatsoever beyond our reasonable control or owing to the inability of time to procure materials, labour or any articles at all and you agree to accept increased prices for the products due to any of the aforementioned reasons.
Historica Ltd reserves the right, at any time, to modify, alter or update these terms and conditions without notification to you and you agree to be bound by such modifications, alterations or updates.
Any dispute arising from these terms and conditions, your use of this site or material from this site shall be resolved in accordance with the laws of England and Wales and come within the jurisdiction of English and Welsh courts.