Hi, welcome to Woking Yamaha’s Page for terms and conditions. Now, admittedly we don’t want any of our customers to have to spend too much time reading through this page, we would much rather you looked at our shiny bikes or looked at our suspension offers and booked services at our award winning dealership. But unfortunately this is arguably the most important bit of the website so if you are buying a products/service from us then we must advise you give this a read to make sure you understand our terms and conditions and what you are getting in to.
Terms and Conditions
(Updated December 2019)
1.1 We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the website (see date at the top) and it is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions.
1.2 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use this website.
1.3 When you use certain Woking Yamaha services please read the additional information provided with regards to such services as this information will provide you with full details on how to use such services.
2. Order Process
2.1 Please give us a ring if you would like to place an order. Our phones are open Monday to Saturday between 8:30am to 5:30pm. excluding bank holidays. There are times when Woking Yamaha will not be open during these times but Woking Yamaha will endeavour to inform of any planned shop closures.
3.1 Woking Yamaha offers a delivery service for its products and can ship anywhere nationwide. We reserve the right to withdraw this service at any time without notice.
3.2 Delivery charges and estimated timescales are changeable depending on location, time of year and time of day. Woking Yamaha makes every effort to be clear about pricing and timescales but this is not always possible. It is the customers responsibility to request quotes or charges for delivery before any service carried out and if in any doubt. Woking Yamaha cannot be held responsible for any charges that a customer is given by any in-house or external courier service.
3.3 Delivery service are carried out between Monday-Friday and between working hours of 7am-7pm. Royal mail is typically between 2-3 days and is £4.99 for small parcels. The majority of our parcel deliveries is carried out by DPD and is usually next day but due to unforeseen circumstances this cannot be guaranteed. The price of DPD is usually £7.99 for nationwide next working day delivery. Vehicle delivery/collection charges are dependant upon delivery postcode and so a customer is strongly advised to determine the cost of collection and delivery before any vehicle collection/delivery is requested. We sometimes offer free collection or free delivery but this done on a case by case basis and it should not be assumed that if free delivery is available on one occasion that it will be available on another, the same also applies to collection services.
3.4 Risk of loss and damage of products passes to you on the date when the products are delivered or on the date of first attempted delivery by us or our nominated courier service.
3.5 Delivery is chargeable. We also offer a collection service which is also chargeable. These two service are separate to each other and it is advised that while the charges for delivery of a vehicle or part will mirror the charges for collecting a vehicle or part, this is not guaranteed and they can be different. It is a customers responsibility to clarify this at the time of sale and not Woking Yamaha’s. Basically in regards to any workshop jobs if we collect a service vehicle for free this does not mean we will deliver it back for free and in no way entitles the customer to free delivery/collection unless Woking Yamaha offer such a service.
3.6 All delivery charges are required to be paid in full before delivery is carried out.
3.7 All collection charges must be paid in full before collection is carried out
4.1 We take payment from your card at the time we receive your order. Goods are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods.
4.2 To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the The General Data Protection Regulation (EU) 2016/679 2018.
4.3 The price you pay is the price displayed on this website at the time we receive your order apart from the following exception:
b) While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of confirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
4.4 For information about secure online ordering see Secure Online Shopping.
4.5 Title to any products you order on this website shall pass to you on delivery of the products provided that we have processed and received payment in full for the products.
4.6 All prices are shown in £s sterling and include VAT (where applicable) at the applicable current rates but exclude delivery charges, unless expressly stated otherwise. Prices of used bikes do not include Road Tax
- Returns, Refunds and Cancellations of parts and accessories
5.1 Refunds are done in accordance with the Consumer rights act 2015. Any parts or accessories that wish to be returned can be done so with the terms of this act. Any specially order items or items that have been ordered specifically for a customer cannot be returned under any circumstances, this is within the consumer rights act 2015.
5.2 Any items that Woking Yamaha consider to be a stock item and have available for immediate collection/delivery can be returned only is unused or unworn and in original packaging. The period for returns is 2 weeks from date of purchase.
5.3 Any items returned are to be returned at the expense of the customer and it is the customers sole responsibility that the goods are returned to us in the same condition as they were given. Woking Yamaha will not take any liability for damages caused by third party couriers.
5.4 Any refunds may be subject to a restocking fee and will only be processed once any goods have been received.
5.5 Any refunds will be refunded via the same payment method, if cash is used the same method will be used to refund and if card payment is used then the same card must be provided for refunds, failure to do so will mean no refund can be given. This is in line with money laundering regulations.
5.6 As helmets are a safety item and for hygiene reasons, we do not accept returns of these products. This is so all our customers can be confident that our helmets are undamaged and will provide the maximum protection they are designed to give at time of purchase.
- Intellectual Property
6.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
6.2 You acknowledge and agree that the material and content contained within this website is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
- Liability and Indemnity
7.1 Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.
7.2 Subject to Section 7.1 above, Woking Yamaha will use reasonable endeavours to verify the accuracy of any information on the site but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be 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, reliability of the website. Woking Yamaha Centre LTD will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and Woking Yamaha Centre LTD accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.
7.3 Subject to Section 7.1 above, other than as expressly provided in these terms and conditions with respect to specific products and except for the exclusive remedies set out at Section 5 above, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.
7.4 Subject to Section 7.1 above, Woking Yamaha Centre will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any:
- economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or
- loss of goodwill or reputation;
- special or indirect losses
- suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.
7.5 Notwithstanding the above, subject to Section 7.1 Woking Yamaha aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same clause.
7.6 This clause 7 does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
- Miscellaneous Provisions
8.1 The contract between us shall be governed by the laws of England and any dispute between us will be resolved exclusively in the courts of England. English is the only language offered for the conclusion of the contract.
8.2 Woking Yamaha Centre LTD shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.
8.3 Woking Yamaha Centre LTD reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party.
8.4 These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the U.K. Contracts (Rights of Third Parties) Act 1999).
8.5 These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations understandings and agreements between you and Woking Yamaha Centre relating to the use of this website (including the order of products), and sets forth the entire agreement and understanding between you and Woking Yamaha Centre for your use of this website.
9. Collection of goods
9.1 All parts and accessories are paid for before they can be collected, once goods are received by Woking Yamaha, customers will be contacted using the customer details provided. We cannot accept liability should we fail to make contact with a customer using the details they have provided. If Woking Yamaha cannot make contact or the customer does not collect the item within 30 days of it arriving with Woking Yamaha, then the good will be re-sold and the customer will not receive a refund.
9.2 Any vehicle can only be collected after any service or workshop job once full payment has been received. If there is a disagreement on any invoice for works carried out then the customer should “pay under protest” and resolve the issue at a later date in order to release their vehicle as soon as possible.
9.3 It is a customers responsibility to collect their vehicle once any workshop job is completed. Failure to do so after a reasonable amount of time of 7 days storage charges will be levied against the vehicle at a rate of £15 excluding VAT per day.