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  Terms and Conditions

 

0.0 Delivery:

Delivery is handled by international airmail. Delivery times to the Europe are approx 3-4 business days. Example delivery charges:

1 x Turbospoke - €4.50
1 x Pack of MotoCards- €2.50
1 x Turbospoke + 1 x Pack of MotoCards - €5.10

1.0 Website

These terms and conditions are designed to make trading with Tomax Ltd. through turbospoke.com a more secure experience and set out for you as a purchaser the full extent of any agreement reached between you and Tomax in connection with the use and operation of this web site and its Store. You should understand that by placing an order, you accept the following terms and conditions:

2.0 General Terms

The owner of The Turbospoke.com web site is Tomax Limited whose registered address is Tomax, Coolfin, Portlaw, Co. Waterford, Ireland. Registration number 359443
Your contract for purchases made through this web site is with Tomax Limited who operates an on-line shop called store.turbospoke.com; all goods sold through the site are supplied subject the terms of this agreement.

2.1 The user agrees that e-mail can be used as a primary method of communication.

2.2 No contract for the sale of any product will subsist between you and Tomax unless and until Tomax accepts your order by way of an e-mail confirming that it has received payment in full for all the goods you have ordered.

2.3 That acceptance of an email will be considered complete and will be deemed for all purposes to have been effectively communicated to you at the time Tomax sends the e-mail to you (whether or not you receive that e-mail). This confirmation e-mail amounts to an acceptance by Tomax of your offer to buy goods from Tomax or another Tomax approved supplier that is engaged on your behalf by Tomax or its owners.

2.4 The confirmation e-mail will contain all relevant statutory information concerning your contract. The confirmatory e-mail will also contain a link to these terms and conditions, and may be amended in accordance with the appropriate paragraph contained herein.

2.5 You must check that the details on any confirmation e-mail are correct as soon as possible and you should print out and keep a copy of it.

2.6 Tomax will not pass on your personal details to any third party other than the Tomax authorised credit clearance service provider PayPal. Tomax does not store your credit card details.

2.7 The purchaser undertakes that all details you provide to Tomax for the purpose of ordering or purchasing goods or services are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the goods or services ordered. If there are any changes to the details supplied by you it is your responsibility to inform Tomax as soon as possible.

2.8 Your statutory rights are not affected (in particular see below as to your rights to withdraw from the contract) but otherwise all purchases are non-exchangeable, non-refundable and non-transferable.

3.0 Cancellation

3.1 You may cancel your order at any time prior to your order being processed by email to info@turbospoke.com or or by telephone on +353 (0)51 387514 during normal office hours. 09:00 hrs-16:00 hrs GMT.

3.2 You may also withdraw from the contract at any time after the product has been dispatched and you have received our email confirming your order but no later than 7 working days from the day after you receive the product by:

3.2.1 by sending the notice of cancellation by email to info@turbospoke.com ensuring that you quote your name, address and order reference number;
and/or

3.2.2 where you have already received the goods, returning the goods to Tomax unopened together with the original invoice within 7 working days from the date that you received the goods.
Tomax will then refund you the purchase price of the goods less a handling charge of € 5.00. Where appropriate Tomax shall refund any additional customs duties borne by you on receipt of the relevant customs receipt.

3.3 Once Tomax receive notification from you that you wish to withdraw from the contract (in accordance with these terms) any sum debited to Tomax from your credit card in relation to your order will be re-credited to that credit card account as soon as possible and in any event within 30 days of your order provided that the goods you wish to return are received by Tomax in the condition that they were in when delivered to you.

4.0 Liability

4.1 Limited Warranty

As advised on the exterior packaging of Turbospoke product all purchases are subject to the terms of this limited warranty. If any component of your Turbospoke™ product is found to be defective in relation to materials or workmanship within the terms of this limited warranty, any defective component will be replaced at the discretion of the Manufacturer free of charge within thirty (30) days of receipt of the component by Tomax Limited (hereinafter referred to as “Tomax”.)

4.2 NOT COVERED. This limited warranty does not cover, to the fullest extent permitted by applicable law, damage resulting from: Fitment of the product to locations other than that shown in the fitting instructions, normal wear and tear, accidents, alteration, neglect, misuse or abuse, contamination, lack of reasonable of proper maintenance, corrosion, improper assembly, repairs or changes made that would affect the approved fitting and operation of the product, riding extreme terrain such as in a race or on a BMX trials or stairs, the application of modifications or components not manufactured by Turbospoke™.

4.3 PURCHASER: THIS WARRANTY IS MADE WITH THE ORIGINAL PURCHASER ONLY. THE RIGHTS OF THIS LIMITED WARRANTY MAY NOT BE ASSIGNED NOR APPLIED TO THIRD PARTIES.

4.4 TERM: This limited warranty shall apply only in those instances where the defect in materials or workmanship appears within 90 days from the date of purchase. The warranty shall not be extended for any items replaced under this limited warranty.

4.5 DAMAGES: TOMAX DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES PROVIDED FOR IN THIS LIMITED WARRANTY OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LIABILTY FOR THIRD-PARTY CLAIMS AGAINST YOU FOR DAMAGES. TOMAX'S RESPONDSIBILTY FOR WARRANTY CLAIMS IS LIMITED TO THE REPLACEMENT OF DEFECTIVE MATERIAL AS STATED HEREIN. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

4.6 DISCLAIMER: Any implied warranty of merchantability or fitness for purpose and al implied warranties arising from the course of dealing, usage of trade, by statute or otherwise are hereby strictly limited to the terms of this written warranty.
This agreement shall be the sole and exclusive remedy available to the purchaser.
THE PURCHASER’S SOLE REMEDY SHALL BE THE REPLACEMENT OF DEFECTIVE MATERIAL AS STATED HEREIN. No Dealer, agent or distributor of Tomax is authorised to change or extend this warranty.

4.7 SPECIFICATION: Tomax and its owners reserve the right to discontinue, change or modify the specification of any component at any time without notice. Tomax may replace defective parts with similar parts or quality in the event that identical parts are unavailable.

4.8 Returns Procedure: In the event of a defect covered under this warranty, the purchaser must obtain an advance authorisation from an authorised retail source.
The Purchaser must obtain this authorisation before returning any defective item. The issue of an authorisation number by Tomax does not constitute acceptance of a claim, which will be evaluated by Tomax on inspection. When accepted for inspection the product should be packaged to prevent damage during transit and must be accompanied by a letter confirming the following information: Dated original receipt showing place of purchase, a copy of this warranty, Turbospoke™ part and membership number, a detailed description of the specific material defect and the efforts made to rectify any problem, estimated usage of the product, purchaser’s name, address, Turbospoke Club Number and authorisation to return the replacement component to you by freight collect.

4.8 OTHER RIGHTS: This warranty gives you specific legal rights and does not affect your statutory rights as may exist in other States.

4.9 Applicable Law: Any Disputes arising out of this agreement or the use of the product will be governed by the Laws of Ireland and its courts

TO THE FULLEST EXTENT PERMITTED BY LAW, TOMAX Ltd IS PROVIDING THIS WEB SITE AND ITS CONTENTS ON AN "AS IS" BASIS AND MAKES NO (AND EXPRESSLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THIS WEB SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED IN THIS SITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, TOMAX DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS WEB SITE IS ACCURATE, COMPLETE OR CURRENT.

5.0 Limited Liability

5.1 In the unlikely event that you receive goods which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, Tomax hall, at its own option, make good any shortage or non-delivery, replace or repair any damaged or defective goods, or refund to you the amount you paid for the goods in question PROVIDED THAT you notify Tomax of the problem in writing at the address stated in the confirmation e-mail within 10 working days of delivery of the goods. NOTHING IN THIS CLAUSE AFFECTS YOUR STATUTORY RIGHTS.

5.2 Tomax do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Turbospoke.com website or for any products or services purchased from Tomax . Tomax will only be liable for direct loss up to a maximum total of the price of the product or service purchased in respect of any claim.

6.0 Processing of orders

6.1 Credit and Debit cards are debited before items are shipped by Tomax . All prices includes all taxes (where applicable) unless otherwise stated. Every purchase you make shall be deemed performed in Ireland unless otherwise stated. Irish law shall govern every aspect of contractual agreement concerning purchases made from this web site.

6.2 Tomax aim to arrange shipment of all in stock items within 48 hours of receiving your order. Your order may be delayed if the item is not in stock with our suppliers. Some items may be unavailable and the current stock status is approximate. Tomax are not able to supply dates our suppliers may get an item in stock.
You may also keep track of your order on-line with the order tracking facility on your account page. Our standard Returns Policy applies to all purchases from Tomax .

7.0 Delivery/Title/Risk

7.1 The period stated within which you will receive your order is approximate. Goods will be sent to the address given by you in your order and stated in the Order Confirmation. Please note that your goods may be sent to you in instalments if the total shipment is not available at the time of dispatch.

7.2 Title to any product ordered will pass to you once Tomax has received payment in full for that product.

7.3 If your delivery address is outside of Ireland you maybe subject to import duties and taxes, which are levied once a shipment reaches your country. Any such additional charges for customs clearance must be borne by the purchaser.
You should note that customs policies vary widely from country to country; Tomax advises each customer to contact their local customs office for further information.

7.4 From time to time Tomax may at a customers request engage a 3rd party to fulfil orders, a contract for the sale of these products will be made between the 3rd party supplier and the Purchaser. There shall be no obligation or liability on Tomax regarding 3rd party fulfilment of orders.

7.5 Please note that when shipping products internationally you should be aware that cross-border shipments are subject to opening and inspection by customs authorities.

8.0 Misrepresentation

It is a crime to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law. Tomax tracks the electronic 'fingerprints' of every order placed on Tomax to enable us and all legitimate crime prevention and prosecution authorities to trace individual users engaging in criminal activities on our website.

9.0 Miscellaneous Issues

9.1 Tomax may amend these terms and conditions from time to time, and place the new version on the website. When Tomax do so, Tomax will mention the fact on our home page (www.turbospoke.com). All purchases from the date that the amended terms are placed on our website onwards will be governed by those new terms.

9.2 These terms and conditions shall apply when Tomax accepts your order by e-mail confirming that it has received payment in full for all the goods you have ordered. They shall supersede any and all other conditions, understandings, commitments, agreements or representations (except fraudulent misrepresentations) relating to your purchase, whether oral or in writing, and contain the entire agreement between Tomax and you relating to your purchase. Tomax advises that you print off and keep safe a copy of these terms and conditions once your order has been accepted by Tomax .
9.3 You are advised to read (and are responsible for reading) all information on this website fully.
If any of these terms are held to be invalid or unenforceable, those terms will be struck out and the other terms remain.

©Tomax Ltd. 2017 - All Rights Reserved. The most fun ever on a bicycle
©Tomax Ltd. 2017 - All Rights Reserved.