Delivery is handled by international airmail. Delivery times to are approx 5-7 business days. Example delivery charges:
1 x Turbospoke - $6.00
1 x Pack of MotoCards - $2.80
1 x Turbospoke + 1 x Pack of MotoCards - $6.80
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
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
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
3.1 You may cancel your order at any time prior to your order
being processed by email to firstname.lastname@example.org
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 email@example.com
ensuring that you quote your name, address and order reference
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
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
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
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
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
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 .
7.1 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.
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.