TERMS & CONDITIONS

This agreement applies as between you, the User of this Web Site and Upgrade Motorsport, the owner(s) of this Web Site. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these Terms and Conditions, you should stop using the Web Site immediately.

No part of this Web Site is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.

Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:

“Account”

Means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and or any communications System on the Web Site;

“Carrier”

Means any third party responsible for transporting purchased Goods from our Premises to customers;

“Content”

Means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;

“Goods”

Means any products that Upgrade Motorsport advertises and or makes available for sale through this Web Site;

“Upgrade Motorsport ”

Means Upgrade Motorsport, 16 Framlingham Road, Peterborough, PE2 8UF;

“Service”

Means collectively any online facilities, tools, services or information that Upgrade Motorsport makes available through the Web Site either now or in the future;

“Payment Information”

Means any details required for the purchase of Goods from this Web Site. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;

“Purchase Information”

Means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;

“Premises”

Means the place(s) of business located at 16 Framlingham Road, Peterborough, PE2 8UF;

“System”

Means any online communications infrastructure that Upgrade Motorsport makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

“User” / “Users”

Means any third party that accesses the Web Site and is not employed by Upgrade Motorsport and acting in the course of their employment;

“Web Site”

Means the website that you are currently using (upgrademotorsport.co.uk) and any sub-domains of this site unless expressly excluded by their own terms and conditions.

Age Restrictions
Persons under the age of 18 should use this Web Site only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
Business Customers
These Terms and Conditions also apply to customers buying Goods in the course of business.
International Customers
If Goods are being ordered from outside Upgrade Motorsport country of residence, import duties and taxes may be incurred once your Goods reach their destination. Upgrade Motorsport is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer on record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port/airport for customs purposes and Upgrade Motorsport cannot guarantee that the packaging of your Goods will be free of signs of tampering.
Intellectual Property
Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Upgrade Motorsport, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Upgrade Motorsport.
Third Party Intellectual Property
Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
You may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by the relevant manufacturer or supplier.
Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Upgrade Motorsport or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
Links to this Web Site
Those wishing to place a link to this Web Site on other sites may do so without prior permission.
Use of Communications Facilities
When using the enquiry form or any other System on the Web Site you should do so in accordance with the following rules:
1. You must not use obscene or vulgar language;
2. You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
3. You must not submit Content that is intended to promote or incite violence;
4. It is advised that submissions are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;
5. The means by which you identify yourself must not violate these terms of use or any applicable laws;
6. You must not impersonate other people, particularly employees and representatives of Upgrade Motorsport or our affiliates; and
7. You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
8. You acknowledge that Upgrade Motorsport reserves the right to monitor any and all communications made to us or using our System.
Accounts
In order to purchase Goods on this Web Site and to use the features you may be required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Web Site as we may not require payment information until you wish to make a purchase. By continuing to use this Web Site you represent and warrant that:
1. All information you submit is accurate and truthful;
2. You have permission to submit Payment Information where permission may be required; and
3. You will keep this information accurate and up-to-date.
4. Your creation of an Account is further affirmation of your representation and warranty. It is recommended that you do not share your Account details, particularly your username and password. Upgrade Motorsport accepts no liability for any losses or damages incurred as a result of your Account details being shared by you.
5. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
6. If you have reason to believe that your Account details have been obtained by another without consent, you should contact Upgrade Motorsport immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched. In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, Upgrade Motorsport accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.
7. When choosing your username you are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account.
Termination and Cancellation
1. Either Upgrade Motorsport or you may terminate your Account. If Upgrade Motorsport terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
2. If Upgrade Motorsport terminates your Account, any current or pending purchases on your Account will be cancelled and will not be dispatched.
3. Upgrade Motorsport reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.
4. If purchases are cancelled for any reason prior to dispatch you will be refunded any monies paid in relation to those purchases.
5. If you terminate your Account any non-dispatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases.
Goods, Pricing and Availability
1. Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from Upgrade Motorsport correspond to the actual Goods, Upgrade Motorsport is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Please refer to Clause 14.1 for incorrect Goods.
2. Where appropriate, you may be required to select the required [size] [model] [colour] [number] [other features] of the Goods that you are purchasing.
3. Upgrade Motorsport does not represent or warrant that such Goods will be available. Stock indications are not currently provided on the Web Site.
4. All pricing information on the Web Site is correct at the time of going online. Upgrade Motorsport reserves the right to change prices and alter or remove any special offers from time to time and as necessary. All pricing information is reviewed and updated as soon as new prices are made available to us.
5. In the event that prices are changed during the period between an order being placed for Goods and Upgrade Motorsport processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;
  All prices on the Web Site do not include VAT. Special Ops Ltd trading as Upgrade Motorsport VAT number is GB 268 3989 37.
Delivery
1. Upgrade Motorsport will notify you by way of email when your goods are to be dispatched to you. The message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Goods purchased by you. UK Orders are usually dispatched within 1-4 working days and International orders are usually dispatched within 3-7 working days.
2. If Upgrade Motorsport receives no communication from you, within 5 days of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems.
Returns Policy
1. If any Goods you have purchased have faults when they are delivered to you, you should contact Upgrade Motorsport within 28 days to arrange collection and return. Upgrade Motorsport is NOT responsible for paying shipment costs. Goods must be returned in their original condition with all packaging and documentation. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.
2. If any Goods develop faults within their warranty period, you are entitled to a repair or replacement under the terms of that warranty.
3. If Goods are damaged in transit and the damage is apparent on delivery, you should sign the delivery note to the effect that the goods have been damaged. In any event, you should report such damage to Upgrade Motorsport within 10 days and arrange collection and return. Upgrade Motorsport is NOT responsible for paying shipment costs. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.
4. If the Goods have been dispatched or have reached you, but you have changed your mind, please return them to Upgrade Motorsport within 10 days of receipt. Goods can only be returned for this reason if their packaging remains unopened and the Goods can be re-sold, as new, without any additional work on the part of Upgrade Motorsport. You are responsible for paying shipment costs if Goods are returned for this reason.
5. If you wish to return Goods to Upgrade Motorsport for any of the above reasons, please contact us using the details on the website to make the appropriate arrangements.
6. Upgrade Motorsport reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
7. 1. Any use or enjoyment that you may have already had out of the Goods;
  2. Any characteristics of the Goods which may cause them to deteriorate or expire rapidly;
  3. The fact that the Goods consist of audio or video recordings or computer software and that the packaging has been opened;
  4. Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase.
  5. Such discretion to be exercised only within the confines of the law.
If you receive Goods which do not match those that you ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, you should contact us within 10 days to arrange collection and return. Upgrade Motorsport is NOT responsible for paying shipment costs. You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods. Refunds and replacements will be issued upon our receipt of the returned Goods.
Upgrade Motorsport aims to always provide high quality Goods that are fault free and undamaged. On occasion however, goods may need to be returned. Returns are governed by these Terms and Conditions.

Privacy Data Collected
Without limitation, any of the following Data may be collected:

name;
date of birth;
gender;
job title;
profession;
contact information such as email addresses and telephone numbers;
demographic information such as post code, preferences and interests;
financial information such as credit / debit card numbers;
IP address (automatically collected);
web browser type and version (automatically collected);
operating system (automatically collected);
a list of URLS starting with a referring site, your activity on this Web Site, and the site you exit to (automatically collected);
and Cookie information (see clause 10 below)

Our Use of Data

Any personal data you submit will be retained by Upgrade Motorsport for as long as you use the Services and Systems provided on the web site. Data that you may submit through any communications system that we may provide may be retained for a longer period of up to six months.
Unless we are obliged or permitted by law to do so, and subject to Clause 4, your data will not be disclosed to third parties. This does not include our affiliates and / or other companies within our group.
All personal data is stored securely in accordance with the principles of the Data Protection Act 1998.
Any or all of the above data may be required by us from time to time in order to provide you with the best possible service and experience when using our web site. Specifically, data may be used by us for the following reasons:
1. internal record keeping;
2. improvement of our products / services;
3. transmission by email of promotional materials that may be of interest to you;
4. contact for market research purposes which may be done using email, telephone, fax or mail. Such information may be used to customise or update the web site.

Third Party Web Sites and Services
Upgrade Motorsport may, from time to time, employ the services of other parties for dealing with matters that may include, but are not limited to, payment handling, delivery of purchased items, search engine facilities, advertising and marketing. The providers of such services do have access to certain personal data provided by users of this web site. Any data used by such parties is used only to the extent required by them to perform the services that Upgrade Motorsport requests. Any use for other purposes is strictly prohibited. Furthermore, any data that is processed by third parties must be processed within the terms of this Policy and in accordance with the Data Protection Act 1998.

Changes of Business Ownership and Control

Upgrade Motorsport may, from time to time, expand or reduce its business and this may involve the sale of certain divisions or the transfer of control of certain divisions to other parties. Data provided by users will, where it is relevant to any division so transferred, be transferred along with that division and the new owner or newly controlling party will, under the terms of this Policy, be permitted to use the data for the purposes for which it was supplied by you.
In the event that any data submitted by users will be transferred in such a manner, you will be contacted in advance and informed of the changes. When contacted you will be given the choice to have your data deleted or withheld from the new owner or controller.

Controlling Access to your Data
Wherever you are required to submit data, you will be given options to restrict our use of that data. This may include the following:

Use of data for direct marketing purposes; and
Sharing data with third parties.

Your Right to Withhold Information

You may access certain areas of the web site without providing any data at all. However, to use all Services and Systems available on the web site you may be required to submit account information or other data.
You may restrict your internet browsers use of Cookies.

Accessing your own Data
You have the right to ask for a copy of your personal data on payment of a small fee.

Security
Data security is of great importance to Upgrade Motorsport and to protect your data we have put in place suitable physical, electronic and managerial procedures to safeguard and secure data collected online.

Upgrade Motorsport may set and access Cookies on your computer. Cookies that may be placed on your computer are detailed in Schedule 1 to this Policy.
A Cookie is a small file that resides on your computer’s hard drive and often contains an anonymous unique identifier and is accessible only by the web site that placed it there, not on any other sites.
You may delete Cookies, however you may lose any information that enables you to access the Web Site more quickly.
You can choose to enable or disable Cookies in your web browser. By default your browser will accept Cookies, however this can be altered. For further details please consult the help menu in your browser. Disabling Cookies may prevent you from using the full range of services available on the web site.

Changes to this Policy
Upgrade Motorsport reserves the right to change this Privacy Policy as we may deem necessary from time to time or as may be required by law. Any changes will be immediately posted on the web site and you are deemed to have accepted the terms of the Policy on your first use of the web site following the alterations.

Disclaimers
1. Upgrade Motorsport makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
2. No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
3. No part of this Web Site is intended to constitute a contractual offer capable of acceptance.
4. All products displayed via this and other sites operated by Upgrade Motorsport are intended for Motorsport use and therefore do not come with any warranty from Special Operations Ltd or Upgrade Motorsport. They may be supplied with manufacturers warranty ONLY.
Changes to the Service and these Terms and Conditions
Upgrade Motorsport reserves the right to change the Web Site, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Web Site following the changes. If Upgrade Motorsport is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
Availability of the Web Site
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Upgrade Motorsport accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
Limitation of Liability
1. To the maximum extent permitted by law, Upgrade Motorsport accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
2. Nothing in these Terms and Conditions excludes or restricts Upgrade Motorsport liability for death or personal injury resulting from any negligence or fraud on the part of Upgrade Motorsport.
3. Nothing in these Terms and Conditions excludes or restricts Upgrade Motorsport liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Web Site.
4. Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
Where goods purchased by the buyer are alleged to be defective, the purchaser agrees to return such goods to the seller for inspection and report (without the seller replacing the said goods prior to such inspection). The purchaser also accepts that it is reasonable to inform the seller of any interruption, defect or other failure prior to contacting independent third parties or incurring expense and, in addition, to allow the seller to remedy the defect, failure or interruption. Parts modified or adapted by the purchaser shall no longer be warranted by the manufacturer nor shall the Company be liable for any failures resulting subsequent to modification as a result of such modification.
Competition goods are supplied for specialist use and are subject to extreme heat and stress whilst in use. Life expectancy and durability are greatly reduced and purchasers should note that any claim for failure/wear, shall not be entertained by Special Ops Ltd trading as Upgrade Motorsport. It is acknowledged by the buyer of such goods that the foregoing statement shall be a relevant and important issue in any claim brought against the Company and the Company shall, in turn, place importance upon this clause. In addition, parts connected to parts supplied by this company may be placed under stress where specialist/competition parts are used, and purchasers should take advice from experts prior to purchase. Manufacturers may also limit guarantees when components are installed for competition use.
Where goods are alleged to be either defective, incorrectly supplied, delayed or otherwise in breach of the implied terms of the buyers’ statutory rights, all losses which result from loss of competition points, awards, loss of entry fees or other similar losses, are excluded and shall not be reclaimable from the Company. In addition, the Company shall accept no liability for death or personal injury.
No liability is accepted by the company where purchasers attempt to modify or install components supplied where it is known or ought reasonably to be known to the Purchaser that the part supplied is incorrectly supplied or otherwise not in accordance with the order.
The company accepts no liability in respect of failure to supply or other interruptions caused by matters beyond the reasonable control of the company, including but without limitation, strikes, lockouts, civil disputes, acts of God, war or actions by third parties.
Notwithstanding any other provision of this Agreement, nothing in this Agreement shall confer a benefit on any person or persons not named as the purchaser herein (for the purposes of the Contract (Rights of Third Parties) Act 1999 or for any other purpose).
Upgrade Motorsport markets its products on the basis that they will be used for racing and motorsport use only, if you are planning to use them for business purposes please make sure that you are covered by the appropriate insurances. Where you decide to use the products in the course of a business, we exclude (to the fullest extent permitted by law) those warranties and conditions relating to fitness for a particular purpose. Our maximum liability to business users arising out of or in connection with the products shall be limited to the replacement value of the product in question (except in the case of death or personal injury caused by our negligence or in respect of fraud). In relation to business users, we do not accept liability for the fitness of goods for business purposes, nor do we accept liability for loss of use of the item nor any loss over and above the cost of the item in the event of a claim for breach of warranty or condition.
Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
Notices
All notices / communications shall be given to us either by post to our Premises (see address above) or by email to sales@specialopsltd.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
Law and Jurisdiction
These terms and conditions and the relationship between you and Special Operations Ltd trading as Upgrade Motorsport shall be governed by and construed in accordance with the Law of England and Wales and Special Operations Ltd / Upgrade Motorsport and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales

PAYMENT METHODS

- Credit / Debit Cards
- PAYPAL