MSS PERFORMANCE LIMITED. – TERMS & CONDITIONS

TERMS & CONDITIONS FOR USE & SALES 

OUR WEBSITE – MSS PERFORMANCE.COM

1. Your use of this website and any service contained within constitutes acceptance of these Terms & Conditions.
2. Last update: 20.04.2020.

DEFINITIONS

1. The Company/Seller/We/Us shall mean MSS Performance Limited, 6 Commerce Way, Colchester, Essex, CO2 8HH. Company Registered in England and Wales 8899578.  VAT Registered GB183813689.
2. Any reference to You/Buyer/Purchaser shall mean any person, sole trader, and partnership, business that buys or has agreed to buy our goods.
3. Conditions shall mean these Conditions of Sale.
4. Goods shall mean items of any nature that the Purchaser buys or has agreed to buy from the Company.

CUSTOMER INFORMATION

1. You should always check that the contact information you provide is correct before creating a customer account or proceeding to payment.
2. You are responsible for maintaining your own username and password, where required to access your customer account. You should ensure that you store your username and password securely and that the details required to access your customer account are not provided to another party.
3. As a customer you are responsible for your customer account and actions taken within it. If you are aware or suspect that our customer account username and password or other details have become known to a third party, you should inform us immediately.
4. Our website is only intended for use by adults. Adults may purchase products for children as long as the products purchased are intended by the manufacturer for use by children.

PAYMENT SECURITY – RETURN TO-

The payment site uses Secure Sockets Layer (SSL) to ensure secure transmission of your personal data. You should be able to see the padlock symbol in the status bar on the bottom right hand corner of the browser window. The URL address will also start with https:// depicting a secure webpage. SSL applies encryption between two points such as your PC and the connecting server. Any data transmitted during the session will be encrypted or scrambled and then decrypted or unscrambled at the receiving end. This will ascertain that data cannot be read during transmission.

KLARNA

In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment is to be made to Klarna:

• Pay in 3
• Slice it (Financing)

Further information and Klarna’s user terms you can find here. General information on Klarna can be found here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement.

PRODUCT PRICING AND TITLE

1. We make every effort to ensure that the pricing displayed on our website is correct. However, if an error in the pricing of a product is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable). The processing of an order can be cancelled or corrected by us at anytime up to the shipment of that order and any related items.
2. We reserve the right to alter all product pricing without notice.
3. Title in any products ordered from us does not pass to you, the purchaser until we have received and processed a valid payment, and that payment has been made into our own bank account and your order has been shipped.

YOUR ORDER

1. When you place an order you will automatically receive a confirmation email from us to confirm your order. Your order constitutes an offer made to us to purchase the goods specified in the order.
2. We will endeavour to fulfil your entire order prior to dispatch, (this may encounter some manufacturing time) unless otherwise instructed any items placed on back order will be supplied as soon as available, unless cancelled by the purchaser.
3. We reserve the right to delay or refuse orders where a transaction contains incomplete details or details that cannot be verified or where fraud is suspected.
4. If you are unable to reasonably ascertain these details or resolve these issues a full refund will be made against the card used at the time of purchase. No other form of refund or credit will be offered nor will a refund be made to any third party card or account.

SHIPPING & CUSTOM DUTY

1. All orders received by us are shipped subject to availability.
2. We reserve the right to ship products at a later date where the product ordered is not in stock at the time of purchase.
3. We cannot be held responsible for disruption to shipping caused by industrial disputes or action outside our direct control. If such disruption occurs you will be offered delivery via an alternative delivery or fulfilment company.
4. If you are ordering a product from outside the UK the recipient of the product is responsible for all customs duties or tariffs incurred in the country to which the products are shipped. Furthermore your order may be subject to delay or be opened and searched by local customs authorities when entering the destination country. Please note we are unable to provide specific advice on customs duties or tariffs. Overseas shipping will be charged at either actual weight or volumetric weight (whichever is the greater).

CANCELLATION RIGHTS, RETURNS & REFUNDS

1. Under the Consumer Protection (Distance Selling) Regulations 2000 you have a right to cancel your purchase. However, to exercise this right you must notify us in writing, (email or letter) within 28 working days from the day after you receive your goods.
2. As stated above notification of cancellation must be in writing, a telephone call is not a valid cancellation.
3. No right of cancellation, refund or return exists under the Consumer Protection (Distance Selling) Regulations 2000 once you have used your product, unless the product is defective and you are returning it for this reason.
4. Goods that are sealed or shrink-wrapped and this is removed can only be returned if they are defective.
5. No right of cancellation exists for personalised goods or special orders.
6. Please observe the following procedure for all returns to us:

          i)  On the back of your delivery note or on another piece of paper, (if you no longer have your delivery note), include your order number and the reason for the return.

          ii)  If you are returning your product because it is defective, please state the defect or defects.

          iii) Repackage the product in its original packaging, including any accessories, brochures, manuals, guarantees or warranties that came with the product. Unfortunately we will be unable to issue a refund where the product is in an incomplete state.

1. If the original packaging surrounding the product has been damaged or destroyed we will only issue a refund if the product is being returned due to a defect. If the original packaging of a defective product has been damaged or destroyed you should ensure that the returned product is adequately packed for shipment back to use.
2. You are responsible for paying any postage or shipping costs incurred when returning the product.
3. We recommend that all returns be sent by registered post, so that a record of the return is available for you.
4. We will not issue refunds for any items lost or stolen in transit to us.
5. Where a return is lost or stolen in transit to us, you should claim compensation from the company that shipped the return.
6. If you fail to return a product to us, we may make arrangements to have the product collected from you. The cost of this collection will be passed on to you.
7. Unused products may be returned promptly by customers to the address listed below:
8. MSS Performance Limited, 6 Commerce Way, Colchester, Essex, CO2 8HH.
9. Subject to the above, we will refund the purchase price of a returned product after receipt of the returned item.
10. We will also send out delivery labels to return the product, if incorrectly sent by us or where the product has been returned due to a defect. Please note that we will not refund any courier, overnight or express element of any delivery or postage charge, including Royal Mail Special Delivery.
11. For dealers/trade customers, there is a 10% re-stocking charge on any products returned that are not deemed faulty.
12. For Genuine Kawasaki Parts orders which are incorrectly ordered or not deemed faulty there will be a 20% re-stocking fee.

CUSTOMER COMPLAINTS

We endeavour to respond to all customer complaints or queries as soon possible.

FAULTY PRODUCTS

Where a Customer experiences a fault with a product it can be returned to MSS Performance Limited.  Unused goods that are faulty or defective may be returned within 28 days of receipt as per our normal returns policy.  If you have used your products and they have become faulty or defective during use, they can be returned within the warranty period set by the manufacturer.  Please contact us prior to returning your goods so we can determine whether a warranty claim can be made.

EVENTS OUTSIDE OUR CONTROL

MSS Performance Ltd shall not be liable for delay or failure to perform any obligation under these Terms & Conditions if the delay or failure is caused by any circumstances beyond our reasonable control, including, but not limited to, acts of god, war, civil disorder or industrial dispute.

LICENCE

1. grants you a licence to access the content, information and services contained within our website for personal use only.
2. This licence allows you to download and cache (using your browser) individual pages from our website.
3. This licence does not allow you to download and modify individual pages or substantial parts of our website nor to make our website available via an intranet, where our website or a substantial part of it is hosted locally on the intranet in question.
4. Our website design, layout, content or text cannot be copied, edited or otherwise manipulated without our express prior written permission.
5. Our website cannot be placed within the frame-set of another site.
6. Third parties are not allowed to “deep link” to pages within our website, without our express prior written permission. All links (unless expressly permitted by us) should be to the main index page of our website. Furthermore, the content of such links, whether graphic or text should not be misleading, false, derogatory or in any other way offensive.
7. The restriction on “deep linking” does not apply to affiliate partners who wish to send customers directly to a particular page or product in order to increase their affiliate sales.
8. All content, databases, graphics, buttons, icons, logs, layouts and look & feel are the copyright of MSS Performance Ltd, unless expressly acknowledge as otherwise.
9. The data mining, extraction or utilisation of product information from our website is not permitted without our express prior written permission.

COPYRIGHT

REASONABLY FORESEEABLE LOSSES

1. MSS Performance Ltd will be liable for any losses incurred by you due to breaches of these Terms & Conditions by us, where such losses were reasonably foreseeable at the time the contract between you and us was made.
2. All business, indirect or consequential losses not reasonably foreseeable at the time of the contract between you and us are excluded.
3. MSS Performance Ltd does not exclude or limit liability for death or personal injury caused by the negligence or breach of duty by us, our employees or officers.

SEVERABILITY

The foregoing paragraphs, sub-paragraphs and clauses of these Terms & Conditions shall be read and construed independently of each other. Should any part of this agreement or its paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.

WAIVER

Failure by MSS Performance Ltd to enforce any accrued rights under these Terms & Conditions is not to be taken as or deemed to be a waiver of those rights unless we acknowledge the waiver in writing.

COMPETITIONS / PROMOS

1. Prize draws (the “Prize Draw”) are open to people aged 18 and over who provide their email address.

2. Employees or agencies of MSS Performance Ltd (“MSS Performance”, “We”) or their family members, or anyone else connected with the Prize Draw may not enter the Prize Draw.

3. Entrants into the Prize Draw shall be deemed to have accepted these Terms and Conditions.

4. By submitting your personal information, you agree to receive emails from MSS Performance Ltd containing offers and developments that we think may interest you. You will be given the opportunity to unsubscribe on every email that we send.

5. No purchase is necessary.

6. Only one entry/promo per person. Entries on behalf of another person will not be accepted.

7. MSS Performance Ltd accepts no responsibility is taken for entries that are lost, delayed, misdirected or incomplete or cannot be delivered or entered for any technical or other reason. Proof of delivery of the entry is not proof of receipt by MSS Performance.

8. The closing date of any current Prize Draw, Entries received outside this time period will not be considered.

9. One winner will be chosen from a random draw of entries received in accordance with these Terms and Conditions.  The draws will be performed by a random computer process.  

10. MSS Performance Ltd accepts no responsibility for any costs associated with any prize and not specifically included in the prize.

12. The winner will be notified by email and must provide a postal address to claim their prize. If a winner does not respond to MSS Performance Ltd within 14 days of being notified by MSS Performance Ltd , then the winner’s prize will be forfeited and MSS Performance Ltd shall be entitled to select another winner in accordance with the process described above (and that winner will have to respond to notification of their win within 14 days or else they will also forfeit their prize).  If a winner rejects their prize or the entry is invalid or in breach of these Terms and Conditions, the winner’s prize will be forfeited and Performance Parts shall be entitled to select another winner.

13. Prizes are non-exchangeable, non-transferable, and is not redeemable for cash or other prizes.

14. MSS Performance Ltd retains the right to substitute the prize with another prize of similar value in the event the original prize offered is not available.

15. The winner may be required to take part in promotional activity related to the Prize Draw and the winner shall participate in such activity on MSS Performance Ltd reasonable request.  The winner consents to the use by MSS Performance Ltd and its related companies, both before and after the closing date of the Prize Draw for an unlimited time, of the winner’s voice, image, photograph and name for publicity purposes (in any medium, including still photographs and films, and on the internet, including any websites hosted by MSS Performance Ltd and its related companies) and in advertising, marketing or promotional material without additional compensation or prior notice and, in entering the Prize Draw, all entrants consent to the same.

16. MSS Performance Ltd shall use and take care of any personal information you supply to it as described in its privacy policy, and in accordance with data protection legislation.  By entering the Prize Draw, you agree to the collection, retention, usage and distribution of your personal information in order to process and contact you about your Prize Draw entry, and for the purposes outlined in paragraph 14 above.

17. MSS Performance Ltd accepts no responsibility for any damage, loss, liabilities, injury or disappointment incurred or suffered by you as a result of entering the Prize Draw or accepting the prize. MSS Performance Ltd further disclaims liability for any injury or damage to your or any other person’s computer relating to or resulting from participation in or downloading any materials in connection with the Prize Draw. Nothing in these Terms and Conditions shall exclude the liability of MSS Performance Limited for death, personal injury, fraud or fraudulent misrepresentation as a result of its negligence.

18. MSS Performance Ltd reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, this Prize Draw with or without prior notice due to reasons outside its control (including, without limitation, in the case of anticipated, suspected or actual fraud). The decision of MSS Performance Ltd in all matters under its control is final and binding and no correspondence will be entered into.

19 MSS Performance Ltd shall not be liable for any failure to comply with its obligations where the failure is caused by something outside its reasonable control. Such circumstances shall include, but not be limited to, weather conditions, fire, flood, hurricane, strike, industrial dispute, war, hostilities, political unrest, riots, civil commotion, inevitable accidents, supervening legislation or any other circumstances amounting to force majeure.

20. The Prize Draw will be governed by English law and entrants to the Prize Draw submit to the exclusive jurisdiction of the English courts.

21. Promoter: MSS Performance Limited, 6 Commerce Way, Colchester, Essex, CO2 8HH.

22.  Promos – Any free item given with a purchased item as part of an offer cannot be kept if the purchased item is returned for a refund.  If the free item is kept then you will be given a refund less the amount of the free product at full retail value.

ENTIRE TERMS & CONDITIONS

These Terms & Conditions shall be interpreted, construed and enforced in accordance with English Law and shall be subject to the exclusive jurisdiction of the English courts.

Yours statutory rights are unaffected.