We amend these Terms from time to time. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time of purchase.
Originally published on Jun 21, 2017
Contract for the Supply of Products or Services
1.1. The products, prices and services illustrated on our website do not constitute a legally binding offer. No contract for the supply of products or goods will be deemed to exist between you and Helmet 28 Ltd unless, and until full payment has been made and the order accepted.
1.2. An acceptance email is sent by Helmet 28 Ltd to you confirming that your order has been accepted and payment has been successfully made. This confirmation e-mail amounts to an acceptance by Helmet 28 Ltd of your offer to buy goods or services from Helmet 28 Ltd and this acceptance is effective regardless of whether or not you receive the e-mail.
1.3. Helmet 28 Ltd reserves the right to withdraw from a prospective contract at any time prior to or after acceptance. This also applies after a confirmation email has been sent in the case of any error or inaccuracy in respect of the goods or services, any description applied to the goods or services, the availability of the goods or services, or the order itself. Under these circumstances, Helmet 28 Ltd will notify you as soon as possible and the option to wait for stock, choose an alternative or a full refund will be offered. Helmet 28 Ltd can refuse to accept an order, refund an order or cancel an order at any time without notice.
1.4. Price and availability information is subject to change without notice. Credit cards are debited before items are shipped or before services are activated by Helmet 28 Ltd.
Limitation of Liability
2.1. Except as specifically stated on this site, neither Helmet 28 Ltd nor any of its directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
2.2. Although Helmet 28 Ltd try and use the correct images for each item, sometimes mistakes can happen and the wrong image may be uploaded. It is up to the customer to confirm in advance if there are any differences between images and descriptions. Helmet 28 Ltd is not responsible if the image used does not match the description given. Due to manufacturer updates, screen definition differences etc, images can differ from the actual item supplied, Helmet 28 Ltd are not responsible for any costs if this is the case.
2.3. Helmet 28 Ltd is NOT responsible for checking if a Helmet is Legal for the country or racing series to which we are supplying. It is entirely the customer’s responsibility to ensure the Helmet they are purchasing is legal for their required use.
2.4. Helmet 28 Ltd is NOT responsible for exchange rate changes (at the time of placing the order or at the time of a refund), import duty or import tax to your Country. It is up to the customer to check any Duty that may be payable prior to placing the order.
Your Right of Return and Refund
3.1Helmet 28 LTD aims to always provide high quality Goods that are fault free and undamaged. On occasion however, Goods supplied by us may need to be returned and such returns are governed by these Terms and Conditions. As a consumer, you will always have legal rights in relation to goods that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 3. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
3.2 The Goods we supply to you come with a manufacturer’s guarantee (for details, please refer to the manufacturer’s guarantee provided with the Goods). If any Goods we supply to you develop faults within their guarantee period you are entitled to a repair or replacement of such Goods under the terms of that guarantee.
3.3 The manufacturer’s guarantee described in clause 3.2 above and the returns policy set out in clause 3.9 below are in addition to your legal rights in relation to Goods that you have purchased from us that are faulty or not as described.
3.4 If you receive Goods that you have purchased from us which do not match those that you ordered and you do not wish to accept those Goods, we will subject to clause 3.6 either replace those Goods with those ordered (if available) or refund to you the price that you paid for those Goods through the payment method used by you when purchasing those Goods.
3.5 If any Goods you have purchased from us are faulty and you do not wish to accept those Goods, we will subject to clause 3.6 and 3.7 either repair those defective Goods, replace them (if replacements are available), or otherwise refund to you the price that you paid for those defective Goods through the payment method used by you when purchasing those Goods.
3.6 Any replacement or refund of Goods under either clauses 3.4 or 3.5 are subject to you:
(a) informing us promptly on discovery that the relevant Goods are mis-described or faulty;
(b) giving us reasonable opportunity to examine those Goods; and
(c) returning those Goods and all packaging and documentation supplied with them to us at our expense or otherwise allowing us to collect those Goods from you.
3.7 We will not be liable for any fault in any Goods to the extent permitted by law where that fault is the result of:
(a) fair wear and tear arising from the use of the Goods or wilful damage to the Goods after delivery of them to you or for any damage caused by your negligence;
(b) your failure to comply with our or the Goods’ manufacturer’s reasonable instructions supplied or included with the Goods as to storage, installation, commissioning, use or maintenance; or
(c) you repairing or altering the Goods without our prior written consent,
or if you use those Goods having notified us of the fault in them.
3.8 It is your responsibility to check that the Goods that you receive from us are:
(a) the item(s) that you ordered; and
(b) that there is no obvious fault with the Goods,
and, as such, we are not responsible for any costs incurred by you in respect of any fitment or incorporation of any Goods into anything after delivery of them to you should you fail to fulfil your obligations under this clause in respect of those Goods. However, nothing in this clause 3.8 shall limit your legal rights in relation to Goods we have provided to you that are faulty or mis-described.
3.9 In addition to your rights under clauses 3.1, 3.4 and 3.5 and other than in circumstances set out in clause 3.10, if you are unhappy with any Goods that you have purchased from us for any reason or you change your mind, you may return them to us at your own cost within 14 calendar days of delivery of them to you. We will then refund to you the price you paid for those Goods or, if you request, offer to exchange those Goods.
3.10 We reserve the right to exercise discretion with respect to any return of Goods pursuant to clause 3.9 and may refuse to accept returns under that clause or, if we elect, reduce the price that we refund to you under that clause where:
(a) the Goods have been damaged or become worn after delivery of them to you;
(b) you have incorporated or fitted the Goods into any other item;
(c) those Goods consist of audio or video recordings or computer software supplied in sealed packaging and the packaging for those Goods have been opened on or after delivery of them to you;
(d) those Goods have been purchased at a discounted price to take into account any damage to, or lack of quality of, those Goods;
(e) you have used those Goods for business or commercial purposes without our prior written consent;
(f) you make alterations or repairs to those Goods without our written consent; or
(g) we believe that you are trying to abuse our system for returning Goods,
(h) Any goods which have been specially ordered at your request may not be returned to us for credit:
(i) Goods which were purchased as part of a promotion/bundle will be credited but will incur a 10% restocking fee.
(j) Any products with installation/Accessory Fitment will require a 15% restocking fee
although nothing in this clause shall limit your legal rights in relation to any Goods provided to you that are faulty or not as described.
3.11 Where the return of Goods by you is made under clause 3.9:
(a) we reserve the right to charge you the costs incurred by us in relation to the delivery of the Goods to you and return of those Goods to us; and
(b) and the Goods were purchased by you using finance, we reserve the right to either:
(i) charge the costs incurred by us in respect of the arrangement and administration of that finance. These costs will vary depending on the amount and length of the finance arrangement; or
(ii) instead of issuing a refund, issue you with a store credit for the value of the Goods being returned, such credit to be used within 12 months of this credit being issued to you.
3.12 Under The Consumer Regulations 2013 you have the right to cancel your order as long as you do so no later than 14 days after the day on which you receive the goods or service. However, this right to cancel your order does not apply to Goods which are:
(a) made-to-measure or custom-made or otherwise made to your specification or clearly personalised;
(b) newspapers, periodicals or magazines;
(c) perishable goods, such as food or drink; or
(d) software, DVDs or CDs which have a security seal which you have opened or unsealed.
3.13 Following cancelling an order under clause 3.12, we shall reimburse you any sums that you paid for the Goods in question as soon as possible and, in any case, within 30 calendar days of the day on which you gave us written notice of cancellation, less our reasonable costs of recovering the Goods if you fail to pay the costs of returning those Goods to us and subject to you taking reasonable care of the Goods until they are returned to us. If you cancel an order for Goods which we have already processed for delivery, you must not unpack the goods when they are received by you.
3.14 If you have cancelled your order under clause 3.12 and the Goods were delivered to you:
(a) you must return the relevant Goods to us as soon as reasonably practicable. If the Goods require collection, we will collect them from the address to which they were delivered. We will contact you to arrange a suitable time for collection;
(b) you will be responsible for the cost of returning the Goods to us or, where relevant, the cost of us collecting the Goods from you; and
(c) you have a legal obligation to keep the Goods in your possession and to take reasonable care of the Goods until returned to or collected by us.
3.15 Details of your legal right to cancel and an explanation of how to exercise it are provided in the Order Confirmation.
3.16. https://helmet28.com/ is an Online business, your item cannot be returned to us in person. We do not have a Trade/Customer counter and your purchase CANNOT be returned to our office. Your item must be posted back to Helmet 28 Returns, AteaLaan 36, 2200, Herentals, Belgium.
Delivery
4.1. Your order will be fulfilled by the estimated delivery date set out in the Order Confirmation unless there is an Event Outside Our Control. We cannot guarantee delivery of goods within stated timescales. All shipping times are estimates and any damages caused by late delivery is not the responsibility of Helmet 28.
4.2. Delivery will be completed when we deliver the Products to the address you gave us.
4.3. If no one is available at your address to take delivery, the courier/postal service should normally leave you a note that they have attempted to deliver the Products. It is your responsibility to re-arrange delivery or otherwise collect the Products from the relevant courier/postal service.
4.4. The Products will be your responsibility from the completion of delivery.
4.5. You own the Products once we have received payment in full, including all applicable delivery charges.
Communication
5.1. To cancel a Contract in accordance with your legal right, you must contact us through Sales@helmet28.com or by sending a letter to Helmet 28 Ltd, Clifton Square, Alderley Edge, SK9 7NW. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
5.2. If you wish to contact us in writing for any other reason, you can do this by contacting us through Help@helmet28.com or by pre-paid post to Helmet 28 Ltd, Clifton Square, Alderley Edge, SK9 7NW.
5.3. If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
Privacy Policy
6.1. Helmet 28 Ltd is committed to protecting the privacy of its customers. We only collect information about you that is required to process your order to give you the best possible service. All information collected will only be used in accordance with the Data Protection Act 1998. We do not pass any of your information to third parties without first gaining your explicit consent.
6.2. The following information will be required for us to process your order and notify you of your order status.
Your Name
Company Name (if applicable)
Address
Email address
Contact Telephone Numbers
Credit or Debit card details
6.3. We do not store credit card details collected by any order process, e.g. online or telephone orders.
6.4. The Data Protection Act 1998 requires us to be open about our holding and use of personal data. Helmet 28 Ltd is committed to upholding the eight Data Protection Principles of good information handling practice and will protect and uphold your rights at all times.
6.5. You may be contacted from time to time with offers in your best interest.