Daytona Motorsport Terms of Sale (Merchandise and products)

1. Terms

1.1 What these terms cover. These are the terms and conditions on which we supply products to you, whether these are:
(a) goods – for example our watches or gloves or teamwear; or
(b) services – for example if you ask us to repair or service a watch.

1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.

2. Information about us and how to contact us

2.1 Who we are. We are Daytona Motorsport Management Ltd Limited a company registered in England and Wales. Our company registration number is 06504471 and our registered office is at More Lane, Esher, surrey kt10 8an

2.2 How to contact us. You can contact us by telephoning our customer service team at +44  (0) 3303327870 or by emailing us at info@daytona.co.uk .co.uk.

2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

3. Our contact with you

3.1 How we will accept your order. Our acceptance of your order, whether the order is placed online or by telephone, will take place when we have emailed confirmation, at which point a contract will come into existence between you and us.

3.2 If we cannot accept your order. If we are unable to accept your order because:

• the product is out of stock;
• because of unexpected limits on our resources for which we could not reasonably plan;
• you have selected to pay using finance provided by an external partner and this partner denies your finance application;
• we have identified an error in the price or description of the product or
• because we are unable to meet a delivery deadline you have specified

We will inform you of this and will not charge you for the product

3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

4. Our products

4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we make every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.

4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.

5. Your rights to make changes

If you wish to make a change to your order please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8 Your rights to end the contract). If you realise that engraving details you provided are incorrect you should email info@daytona.co.uk within 24 hours of placing your order. However, as we are committed to delivering items to you quickly, we may not be able to correct this mistake. In the event that you have provided incorrect instructions to us, we cannot be liable for this and we shall not refund to you the costs of engraving. However, you still have the right to change your mind and cancel the contract between us, as set out in clause 8.

6. Minor changes to the products

We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements. These changes will not affect your use of the product

7. Providing products

7.1 Delivery costs. The costs of delivery will be as displayed to you on our website. Within UK current at 11.2021 is £10 p+p within mainland UK. Overseas or other will be quoted on a case by case basis.

7.2 Delivery Location. We deliver worldwide

7.3 Exported Goods. Where we deliver goods internationally, there may be import duties and taxes which may be payable by you depending on local laws.

7.4 When we will provide the products.

(a) If the products are watches and accessories. We will deliver them to you as soon as possible.

If you have ordered one or more products within your order, we reserve the right to deliver them separately depending on the availability of the product. There will be no extra charge to you if we decide to do so

If products are goods which are for pre-order, the date provided is the best available date known to us but can be subject to change. In the event this date changes, we will contact you to offer you the opportunity of accepting a new delivery date or cancel the order

(b) If the products are one-off services, like service and repairs. We will begin the services on the date agreed with you during the order process. The estimated completion date will be advised during the order process.

7.5 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control, then 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 end the contract and receive a refund for any products you have paid for but not received.

7.6 You are not at home when the product is delivered. If no one is available at your address to take delivery we will not be able to deliverb the goods and will have to rearrange with you.

7.7 If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.

7.8 When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us.

7.9 When you own goods. You own a product which is goods once we have received payment in full either directly from you or our Interest Free Credit provider PayPal Credit, and we have despatched the goods.

7.10 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, when we provide bespoke or engraved goods to you. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information, we need within a reasonable time of us asking for it.

7.11 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the product as requested by you or notified by us to you (see clause 6)

7.12 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 30 days and we will refund any sums you have paid.

7.13 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 11.4), we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products if you dispute the unpaid invoice (see clause 11.5).

8. Your rights to end the contract

8.1 You can end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back);
(b) If you want to end the contract because of something we have done or have told you we are going to do;
(c) If we are not at fault and there is no right to change your mind

8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (b) above the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(b) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(c) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
(d) you have a legal right to end the contract because of something we have done wrong

8.4 How to tell us about problems.  If you have any questions or any problems concerning your watch or any other product you have purchased from us then please contact us by telephoning our customer services team at +44(0) 3303327870 or emailing us at info@daytona.co.uk

We are here to help clarify any questions and provide help and advice as to the best way to remedy any problems you may have.

8.5 When you don’t have the right to change your mind

you do not have a right to change your mind in respect of:
(a) goods that are made to your specification; and
(b) once these have started, for example, a watch service or repair

8.7 Ending the contract where we are not at fault and there is no right to change your mind. if we are not at fault and you do not have a right to change your mind (see clause 8.1) we will not be able to accept returns or make refunds.

9. How to end the contract with us (including if you have changed your mind)

9.1 Tell us you want to end the contract. To end the contract with us, please let us know by telephoning our customer services team at +44(0)3303327870 or emailing us at info’daytona.co.uk.co.uk

9.2 Returning products after ending the contract. If you end the contract for any reason after products have been despatched to you or you have received them, you must return them to us. Please call or email us to arrange this.

10. Our rights to end the contract

10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due, and you still do not make payment within 10 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, if we are making a bespoke watch for you;
(c) you do not, within a reasonable time of us asking for it, send us the specific good to be serviced or repaired;
(d) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us

10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

11. Price and payment

11.1 Where to find the price for the product.

The price of the product will be the price indicated and, in the currency, indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the product you order.

For orders to be delivered within the UK all prices will be inclusive of VAT.

For orders to be delivered outside the UK and the European Union all prices will be exclusive of any VAT relating to those jurisdictions. Where applicable a charge will be made for a Sales Tax depending on local taxation laws.

11.2 We will pass on changes in the rate of VAT or Sales Tax. If the rate of VAT or Sales Tax changes between your order date and the date we supply the product, we will adjust the rate of VAT or Sales Tax that you pay, unless you have already paid for the product in full before the change in the rate of VAT or Sales Tax takes effect.

11.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that if the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

11.4 When you must pay and how you must pay.We accept payment from most major credit and debit cards. In addition, you can also pay by PayPal.

All credit and debit cards are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery

When you must pay depends on what product you are buying:
(a) For goods, you must pay for the products before we despatch them. We will charge your credit or debit card at the point that you complete your order.
(b) For services, such as service and repairs, you must make advance payment of the price of the services before we start providing them

11.5 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know and we will make any necessary amendment.

11.7 Promotional Codes and vouchers. We may from time to time at our sole discretion provide codes which may be used by you to receive a discount (Promotional Codes) by way of money or percentages off certain of our products or the value of your shopping basket

Promotional Codes:
(i) may only be used on full price products and cannot be used in conjunction with any other discount or offer and do not apply to any Sale or clearance, Nearly new or archive items;
(ii) excludes the purchase of Gift Vouchers, and does not apply to postage and shipping charges;
(iii) state the amount of discount to be applied and may be subject to a minimum purchase value;
(iv) will only be valid during the dates specified on the Promotional Code;
(v) may only be used once;
(vi) when provided to you, cannot be transferred to another person and must not be resold by you; and
(vii) are subject to any other rules specified in relation to the promotion

12. Our responsibility for loss or damage suffered by you

12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill.

12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and for any defective products.

12.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

13. How we may use your personal information

How we may use your personal information. We will only use your personal information as set out in our Privacy Policy. This is available at Daytona.co.uk

14. Other important terms

14.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.

14.2 You need our consent to transfer your rights to someone else You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

14.3 Nobody else has any rights under this contract

This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 14.2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

14.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect

14.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

14.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law.