Terms and Conditions

Welcome to www.torque-gt.co.uk. By using the Website you agree to be bound by these Terms and Conditions and any Orders placed by you are bound by these Terms and Conditions. Given this, please be sure to read and make sure you understand the Terms and Conditions prior to placing an Order with us. We would particularly like to draw your attention to the following important clauses: clauses 1 and 2 which relate to the products that we sell online; clauses 3, 4, 6 and 7 which relate to pricing and payment methods; clause 5 which concerns the order process; clause 8 which discusses delivery of your Order; clauses 9 and 10 which cover the cancellation, return and refund of an Order; and clause 13 which discusses liability and indemnity. If you do not agree to these Terms and Conditions, please do not use the Website.

The Website is provided solely for your personal use. You may not use the Website for any commercial purpose. We reserve the right, at our sole discretion, to change, modify, add, amend or remove any part of these Terms and Conditions from time to time and it is your responsibility to check these Terms and Conditions from time to time for changes. We may modify or withdraw, temporarily or permanently, the Website (or any part of it) and we shall not be liable to you or any third party for any modification to or withdrawal of the Website. If you do not agree to our right to change the Website or the Terms and Conditions from time to time, please do not use the Website.

Please note that these Terms and Conditions do not affect your statutory rights as a consumer.
All text, graphics, photographs, logos, trademarks, artwork, sounds, music, user interfaces, visual interfaces and computer code (the “Content”) belongs to Torque GT (or is licensed to Torque GT). This Content includes, but is not limited to, the design, structure, selection, coordination, expression, “look and feel” and arrangement of it. The Content is protected by copyright, trademark and other intellectual property rights and you are not permitted to copy, reproduce, republish, upload, post, publicly display, translate, transmit or distribute this Content in any way without Torque GT’s prior written permission.
You agree that any information you submit to the Website including Personal Information shall not be misleading and shall be true and accurate in all respects. If you submit to the Website any communication, idea or materials which may attract copyright or other intellectual property rights you agree that this shall become Torque GT’s property and you agree that anything you submit shall not infringe any right of any third party, nor contain anything libellous or otherwise unlawful, abusive or obscene nor constitute an invasion of privacy. As such, you are and shall remain solely responsible for the content of any submissions you make on the Website and we reserve the right to remove any material you have placed on the Website or to deny you access to the Website at any time in our sole discretion.

1. Product Descriptions on our Website

1.1

We will take all reasonable care to ensure that all Product Descriptions are correct at the time when the relevant information was first entered onto the Website. We have made every effort to display as accurately as possible the appearances, colours, textures or finishes of our Products. What you see will depend on your computer equipment, screen or monitor and we are therefore unable to guarantee that a Product’s images are an accurate representation of the actual merchandise. Please refer to our Returns Policy if you are unhappy with your Order.

2. Product Availability

2.1

The Website features Products that have been carefully selected for sale on the Website. Products are subject to availability so once a Product has sold out it will be taken off the Website at the earliest opportunity and may not be available again. As there is a delay between the time when your Order is placed, and the time when the Order is accepted, the stock position relating to a particular Product may change. If a Product you have ordered becomes out of stock before we accept your Order, then Torque GT’s shall not be liable to you for being unable to provide that Product. If such a situation arises, then we shall notify you as soon as possible and you will not be charged for the out of stock Product.

3. Pricing Policy

3.1

Product prices shown on the Website are in British Pounds and are inclusive of UK value added tax (“VAT”) (where applicable), at the appropriate rate, and are correct at the time that the Product Description was first entered on to the Website. Product prices shown on the Website may change from time to time.

3.2

Although we try to ensure all our Products’ prices displayed in the Product Description are accurate, errors may sometimes occur. If we discover an error in the price of a Product you have ordered we will be unable to accept your Order and shall contact you as soon as possible in order to give the option of either reconfirming your Order at the correct price or cancelling it. If we are unable to contact you, we will treat your Order in respect of the incorrectly priced Product as cancelled.

4. Age restrictions

4.1

We reserve the right not to sell or deliver any age-restricted Product to anyone who is, or appears to be, under the required age.

5. Order process

5.1

Torque GT takes all reasonable care, in so far as possible, to keep the details of your Order and payment secure, but in the absence of negligence on our part we will not be liable for any loss you may suffer if a third party procures unauthorised access to any Personal Information you provide when accessing or placing an Order on the Website. For more information on how we use and protect your Personal Information, please refer to our Privacy and Cookie Policy.

5.2

The technical steps to place your Order and create a contract of sale between you and Torque GT Ltd are, as follows:

a) You place an Order on the Website by pressing the “Place Order” button at the end of the checkout process. You will be guided through the process of placing an Order by a series of simple instructions on the Website.

b) We will send you an email confirming your Order which will detail the Product(s) (including their Product Descriptions) that you have ordered. This email does not constitute an acceptance of your Order by us.

c) Subject to us having accepted your Order, we will then arrange for delivery of it to you at your nominated address.

5.3

The contract between you and Torque GT Ltd will be concluded in English and subject to the laws of England and the jurisdiction of the English courts. The contract will complete and title in the Product(s) of your Order (and so risk of loss or damage to such) will pass to you on the date on which we receive payment in full for the Product(s).

5.4

We shall be entitled to supply Products ordered as part of one Order in instalments and each instalment shall be deemed to constitute a separate contract between you and us. This may mean that Products are dispatched separately. We also reserve the right to supply only part of an Order.

5.5

Non-acceptance of your Order (or parts of your Order) may be due to any one or more of the following non-exhaustive reasons:
a) A Product you ordered is out of stock;

b) We are unable to obtain authorisation for your payment;

c) We have identified an error with a Product Description;

d) You are not eligible to order a Product, as set out in clause 4 above;

e) There is a system or procurement failure;

f) You fail our customer validation checks; or

g) There are restrictions (legal or otherwise) or practices in relation to a Product which prevent us from being able to sell or deliver it to you.

6. Payment and payment methods on the Website

6.1

You can currently pay in British Pounds

6.2

We accept payment for Orders by Maestro, MasterCard, Visa, Visa Debit, Solo, Electron, Cirrus and PayPal

6.3

If you choose to pay for your Order using a payment card with a currency denominated account that is different from the currency you are paying in, your payment card will be charged in the payment currency at the foreign exchange rate applied by your relevant payment card provider or bank at the time of processing your Order. Your international payment card provider or bank will determine the foreign exchange rate and may add an additional processing or administration charge which you will be liable to pay.

6.4

By placing your Order and making an offer to buy a Product, you authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time and this may include verification checks involving your debit or credit card number or credit reports in order to authenticate your identity; to validate your credit card; to obtain an initial credit card authorisation; to protect you and us from fraud; and to enable us to arrange delivery of your Order to your nominated delivery address.

7. VAT

7.1

All Product prices shown on the Website are inclusive of any applicable UK VAT.

8. Delivery

8.1

You must provide us with complete and accurate delivery address information. For the avoidance of doubt, this includes not only the address that your Order is going to, but also the name of its recipient. We cannot be liable for the delivery of your Order to the wrong address or the wrong person as a result of you supplying us with incomplete or inaccurate information.

8.2

All parcels will be delivered by us and will require a signature on delivery.

8.3

Please note that delivery of your Order may take longer during sale or other busy periods, but you will be

9. Contract cancellation under the Consumer Contracts
(Information, Cancellation and Additional Charges) Regulations 2013

9.1

If you are an EU customer, you have the right to cancel your contract at any time up to fourteen (14) days after the day on which you receive your Order. If you place an Order for several Products and they are delivered separately then your fourteen (14) days will start the day after you receive the last Product on your Order.

9.2

If, for any reason, you wish to cancel your contract before your Order has been dispatched you can let us know by sending us an email or telephoning Torque GT Ltd’s Customer Services team or by calling 01364 654247. Once we have received notification from you of your wish to cancel your contract, subject to any monies having been taken from you, we will refund you the original purchase price and delivery charge for your Order within fourteen (14) days. For more information, please see our Refunds Policy below.

Cancellation after dispatch or notification of collection

9.3

As it is our policy to try to process your Order immediately it may not always be possible to stop an Order from being dispatched or made available for collection. If you decide to cancel your contract and your Order has already been despatched or you have been notified that it is ready for collection, then you need to let us know within fourteen (14) days after the day on which you receive or collect your Order. You can notify us by using any one of the options identified in clause 9.2 above. Once we have received notification from you of your wish to cancel your contract, you then have a further fourteen (14) days to return your Order to us. Please refer to “How to return an Item” in our Refunds Policy below.

9. Returns Policy

9.1

Products must be returned in a saleable condition meaning that they must be unused and in their original packaging with tags and any other security devices or seals still attached and intact. We reserve the right to consider the condition of any Product that you wish to return and make any deductions if there are indications that the Product, its tags, security devices or seals have been used, removed, broken or tampered with.

9.2

Please note that your right to cancel or return a Product does not apply to personalised Products. The following list provides a non-exhaustive list of the types of Products you cannot cancel or return:
a) Products which have been made to measure, altered, or personalised to your specification;

9.3

Please note that clauses 9.2 do not apply to faulty or incorrectly supplied Products where your statutory rights are unaffected.

How to return an item

Process and payment for returning a UK Order

9.5

If your Order was delivered to you within the UK and you now wish to return it then please follow the steps below:
a) Take a copy of the invoice that accompanied your Order and indicate which Product(s) you wish to return. Please be sure to indicate the quantity of a particular Product that you are returning to us as well as the reason for your return. Please notify us by using any one of the options identified in clause 9.2 above.
b) Having taken a copy of the invoice please be sure to include it in your returns package along with the relevant Product(s).
c) Please return to Returns Dept, Torque GT Ltd, Ausewell Farm, Ashburton, Devon, TQ13 7HF

PayPal Returns

9.6

If you wish to return an Order that you purchased using PayPal, you can return it to us by post, in which case, you must follow the processes outlined above. We will then process a refund directly to your PayPal account.

10. Refunds policy

Refunds on UK Orders

10.1

Within fourteen (14) days of us receiving your Order back by post, or receiving proof from you that your Order was returned to us, we will refund you the original purchase price and delivery charge for your Order, provided that you return the Product(s) to us in a saleable condition.

10.2

Refunds will be issued back to you as follows:
a) If you paid for your Order using a credit or debit card then your refund will be made back to the same card irrespective of whether you return your Order via post or to one of our stores. This will appear in your account within five (5) days depending on your card issuer.
b) If you originally paid for your Order using your PayPal account and returned it to us via post, then your refund will be made back to your PayPal account.

10.3

Subject to the delivery option that you selected when first placing your Order (for more information, see Delivery we will also refund you one of the following:
a) If you chose and paid for Standard Delivery of your Order, then we will refund you the full cost of this.
b) If you chose and paid for either Nominated/Next Day or Same Day delivery of your Order, then it is at our sole discretion as to whether we refund you this delivery charge. At the very least you will be refunded the cost of what the Standard Delivery for your Order would have been.
c) If you are only returning part of your Order which was delivered to the same address, then there will be no refund for delivery.
Promotional discounts and refunds

10.4

If a promotional discount applied to your Order originally, then the same discount will be applied to each Product of your Order that you return. This means that you will only be refunded the amount that you originally paid for your Order or any given Product. Further, any free promotional gift given with an Order must also be returned if you are returning the Product(s) to which the gift related.

11. Torque GT Ltd, Personal Information and security

11.1

When you register for a Torque GT Ltd Account, you warrant that:
a) The Personal Information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and
b) You will notify us immediately of any changes to the Personal Information by sending us an email or telephoning Torque GT Ltd’s Customer Services team or by calling 01364 654247.

11.2

You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

11.3

You are fully responsible for maintaining the confidentiality of your Torque GT Account and Personal Information, and all activities that occur in relation to your Torque GT Account and Personal Information. You agree to immediately notify us of any unauthorised use of your Torque GT Account or Personal Information and, any breach of security or misuse, or suspected breach of security or misuse of such. Please ensure that you exit from your Torque GT Account at the end of each session if you use a shared computer. We cannot and will not be liable for any loss or damage arising from your failure to comply with this clause.

11.4

Your Personal Information shall be used and protected in accordance with our Privacy and Cookie Policy.

12. Compliance with Laws

12.1

The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.

13. Liability and Indemnity

13.1

While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an “as is” and “as available” basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

13.2

We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, and reliability of the Website. We will not be responsible or liable to you for any loss of material uploaded or transmitted through the Website.

13.3

If the fulfilment of an Order (or any aspect of it) would be illegal or unlawful, including by reason of breach of export controls or sanctions rules, or you fail any of our fraud detection or anti money laundering detection checks, Torque GT has the right to stop or cease to fulfil the Order (or part thereof) at any time and shall incur no liability in such circumstances.

13.4

You have certain rights as a customer, including legal rights relating to faulty or misdescribed goods. For further information about your legal rights in the United Kingdom, contact your local authority Trading Standards Department or Citizen’s Advice Bureau. Nothing in these Terms and Conditions will affect these legal rights and, in particular, we will perform our obligations under these Terms and Conditions with reasonable care and skill.

13.5

Any Orders delivered to you will be of satisfactory quality. However, if we deliver an Order that is not of satisfactory quality, you can:
a) contact us for a full refund within thirty (30) days of delivery; or
b) contact us for a repair or replacement.

13.6

We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Terms and Conditions for any direct, special, incidental, indirect or consequential damages including loss of profit, loss of opportunity or any losses related to any business including (without limitation) lost data, earnings or business interruption that result from the use of, or the inability to use, the material or Content on the Website, a Product, or the conduct of other Users of the Website, even if Torque GT has been advised of the possibility of such damages.

13.7

The Website may also contain links to other websites, which are not operated by Torque GT. When you activate any of these you will leave the Website and we have no control over, and will not accept any responsibility or liability in respect of, the material on any website which is not under our control.

13.8

You agree to fully indemnify, defend and hold us and our agents, officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms and Conditions (including Community Area Rules) by you or any other liabilities arising out of your use of the Website, or the use by any other person accessing the Website using your Torque GT Account and/or your Personal Information.

13.9

We may terminate your use of the Website immediately if we consider that you have breached these Terms and Conditions.

13.10

Nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

14. Comments and Complaints Procedure

14.1

Please contact us if you have any comments or complaints by contacting our Customer Services team. You can send us an email or telephone 01364 654247. We will always endeavour to resolve any dispute as swiftly as possible.

15. General

15.1

We may change these Terms and Conditions at any time. If any clause of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that clause shall be deemed severable from the Terms and Conditions and shall not affect the validity and enforceability of the remainder of these Terms and Conditions which shall continue to have full force and effect.

15.2

We will not be responsible to you for any delay or failure to comply with our obligations under these Terms and Conditions if the delay or failure arises from any cause beyond our reasonable control.

15.3

If you breach these Terms and Conditions and we take no action we will still be entitled to use our rights and remedies in other situations where you are in breach. No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any clause of these Terms and Conditions.

15.4

Torque GT reserves the right to amend, remove or vary the Website, any page of the Website, any Content on the Website, or any service offered on the Website at any time and without notice.
16. Entire Agreement

16.1

These Terms and Conditions govern our relationship with you and supersede any and all preceding and contemporaneous agreements between you and Torque GT. Any waiver of any provision of the Terms and Conditions will only be effective if in writing and signed by a Director of Torque GT. You confirm that, in agreeing to accept the Terms and Conditions, you have not relied on any representation save insofar as the same has expressly been made a clause of these Terms and Conditions and you agree that you shall have no remedy in respect of any representation. Your statutory tights are not affected by these Terms and Conditions.

17. Our details

17.1

Torque GT Limited is registered in England with company number 05128481. Its registered office is Ausewell Farm, Ashburton, Devon, TQ13 7HF. Its call centre details are: 01364 654247 or use the contact us page

18. Definitions

18.1

The following definitions shall apply to these Terms & Conditions:
“EU” means the following European Union nation states: Austria, Belgium, Bulgaria, Croatia, Cyprus (excluding the UN buffer zone and the part of Cyprus to the north of the buffer zone where Republic of Cyprus does not exercise effective control but including the UK Sovereign bases of Akrotiri and Dhekelia), Czech Republic, Denmark (excluding the Faroe Islands and Greenland), Estonia, Finland (excluding the Åland Islands), France (excluding Martinique, French Guiana, Guadeloupe, Reunion, St Pierre and Miquelon), Germany (excluding the island of Heligoland, and Büsingen), Greece (excluding Mount Athos (also known as Agion Oros), Hungary, Ireland, Italy (excluding Campione d’Italia, the Italian Waters of Lake Lugano and Lvigno), Latvia, Lithuania, Luxembourg, Malta, Netherlands (excluding the Antilles), Poland, Portugal (including the Azores and Madeira), Romania, Slovakia, Slovenia, Spain (excluding the Canary Islands, Ceuta, and Melilla but including the Balearic Islands), Sweden and the UK (excluding the Channel Islands, Gibraltar
“Non EU” means any other country not listed in the definition of EU above.

“Order” means an online transaction made by you via the Website for one or more Products, to which these Terms and Conditions apply.
“Personal Information” means the details you provide to us when you use the Website, such as your name, e-mail address, billing address, delivery address, telephone number, Product selections, credit card or other payment information and a password.
“Product” means a product displayed for sale on the Website.

“Product Description” means that part of the Website where certain terms and conditions in respect of the individual Product are provided which shall include, but not be limited to, all details, prices (cost of the Product and delivery charges), photographic representations and descriptions of a Product. It shall also include, where appropriate, specific delivery dates and times, warranties, after-sales service and guarantees about that Product.

“Torque GT Account” means your personal customer account set up by you on the Website.

“Terms and Conditions” means these terms and conditions.

“We”, “us” or “Torque GT” means Torque GT Limited, Please note, that when arranging delivery of your Order, Torque GT may instruct a third party courier or postal carrier to deliver it to you. However, Torque GT will ultimately be responsible for managing the delivery of your Order, so for the purposes of these Terms and Conditions, all references to “we”, “us”, or ” Torque GT “, will be taken to include such third parties.

“Website” means the website located at www.TORQUE-GT.CO.UK or any subsequent URL which may replace it.

“UK” means, for the purposes of these Terms and Conditions, England, Wales, Scotland and Northern Ireland.

“Users” means the users of the Website collectively.

“You” means a user of this Website.