TERMS & CONDITIONS
Welcome to our website www.racil.com (the "Website").
This page (together with our Privacy Policy and Cookie Policy) tells you information about us and the legal terms and conditions on which we sell any of our products listed on our website. These Conditions of Use govern access to and use of www.racil.com. The access to and use of this website as well as the purchase of products on www.racil.com, are based on the assumption that you have read, understood and accepted these Conditions of Use. This Website is managed and maintained by Racil C LTD ("Provider"), 24 Old Bond Street, London, United Kingdom, W1S 4AP.
If you need assistance, visit our Shipping & Returns area, where you will find information on orders, shipping, refunds and returns of products purchased on www.racil.com, a registration form, tips and other general information on the services provided by www.racil.com. Alternatively, you can contact us by email by clicking here.
For any other legal information, visit the Privacy Policy, Cookie Policy sections. The Provider may amend or simply update all or part of these Conditions of Use. Any amendment or update of the Conditions of Use shall be posted for our users on the T&C’s page of racil.com as soon as such amendments or updates have been made. These changes will be binding as soon as they are published on the website. You should, therefore, regularly access this section of the website in order to check the publication of the most recent and updated Conditions of Use. If you do not agree to all or part of the racil.com´s Conditions of Use, please do not use our website.
The access to and use of www.racil.com, including display of web pages, communication with the Provider, downloading product information and making purchases on the website, are carried out by our users exclusively for personal purposes, which should in no way be connected to any trade, business or professional activity. Remember that you will be solely liable for your use of www.racil.com and its contents. The Provider shall not be considered liable for any use of the website and its contents made by its users that are not compliant with the laws and regulations in force, without prejudice to Provider's liability for intentional torts and gross negligence. In particular, you will be solely liable for communicating information or data which is not correct, false or concerning third parties (in the event such third parties have not given their consent) as well as for any improper use of such data or information.
Lastly, as all materials will be downloaded or otherwise obtained by using the service at the user's choice and risk, any damage to computer systems or loss of data caused by the download operators shall be exclusively at the user's liability, and cannot be attributed to the Provider. The Provider denies all liability for any damage resulting from the inaccessibility of the services on the site or any damage caused by viruses, damaged files, errors, omissions, service interruptions, deletion of contents, network, provider, telephone or connection issues, unauthorized access, alteration of data, or faulty and/or defective functioning of the electronic equipment belonging to the user.
he user is responsible for correctly storing and using their personal details, including the credentials allowing access to the services, in addition to any damage caused by the Provider or third parties following the incorrect use, loss or removal of said information.
We recommend that you read the Privacy Policy which also applies in the event that users access to www.racil.com and use the relevant services without making purchases. The Privacy Policy will help you understand how and for what purposes racil.com collects and uses your personal data.
These terms and any contract between you (the consumer) and us (Racil.com and RACIL C LTD) are only in the English language. RACIL C LTD reserves the right to change, revise, or modify the terms and conditions of this offer at any time and without prior notice.
INFORMATION ABOUT US AND HOW TO CONTACT US
We are RACIL C LIMITED a company registered in England and Wales. Our company registration number is 09247483 and our registered office address is : 24 Old Bond Street, London W1S 4AP, United Kingdom.
How to contact us: You can contact our customer care team at customercare@racil.com
How we may contact you: If we have to contact you we will do so by telephone or in writing to you at the email address or postal address you provided to us in your order. “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
HOW WE MAY USE YOUR PERSONAL INFORMATION
We only use your personal information in accordance with our Privacy Policy and Cookie Policy. Please take the time to read our policies because it includes important terms which apply to you.
INTELLECTUAL PROPERTY RIGHTS
All content included on www.racil.com, such as works, images, photographs, dialogues, music, sounds and videos, documents, drawings, figures, logos, and any other material published in any format on www.racil.com, including menus, web pages, graphics, colours, screens, fonts and web design, diagrams, layouts, methods, processes, functions and software that are part of www.racil.com (collectively, the “Contents”), are protected by copyright and all other intellectual property rights by Racil C LTD, a British company with registered offices in London 24 Old Bond Street, London W1S 4AP, United Kingdom and/or the Provider and other rights owners. You may not reproduce in any form, in whole or in part, www.racil.com and/or its Contents without the express written consent of www.racil.com and the Provider.
Regarding the use of www.racil.com, you are solely authorized to view the Website and its Contents. You are also not authorized to perform all temporary reproductions, without any personal financial gain, considered transitory or accessory, an integral and essential part of viewing www.racil.com and its Contents, and all other navigation of the website performed exclusively for legitimate use of www.racil.com and its contents. You are not authorized to reproduce all or part of www.racil.com and its Contents in any form. Any reproduction must be authorized on a case-by-case basis by Racil C LTD. If authorized in writing, these documents must in any case be performed for lawful, non-commercial purposes and in compliance with the copyright and other intellectual property rights of Racil C LTD and of the authors of the individual works contained in the Site. Racil C LTD and the authors of individual works published on www.racil.com have, at all times, the right to claim the ownership of their works and to oppose any deformation, alteration or other modification to them, including any damage caused to the works, to their honor or reputation. You undertake to respect the copyright of the artists who have chosen to publish their works on www.racil.com or who have collaborated with www.racil.com to create new expressive and artistic forms destined for publication, even if not exclusively on the Website, or which are an integral part of it. Furthermore, you are in no case authorized to use, in any way or form, the Contents of the Website and each individual work protected by copyright and other intellectual property rights. For example, you may not alter or modify in any way the Contents and works protected without the consent of Racil C LTD and, where necessary, the individual authors of works published on www.racil.com.
LINKS TO OTHER WEBSITES
www.racil.com may contain hypertext links ("links") to other websites which are in no way connected to www.racil.com. The Provider does not control or monitor these third-party websites or their contents, and shall not be held liable for their contents and/or for the rules adopted by them regarding, but not limited to, your privacy and the processing of your personal data when you are visiting those websites. Please, therefore, pay attention when you access these websites through the links provided on www.racil.com and read their Conditions of use and their privacy and terms and conditions policies carefully. www.racil.com's Conditions of Use and Privacy Policy do not apply to the websites of third parties not managed by the Provider. www.racil.com provides links to other websites exclusively to help its users in searching and surfing the internet and to allow links to websites on the internet. When offering links to other websites, the Provider does not recommend that its users access these websites or provide any guarantees as to the contents, services and products supplied and sold to users on them.
LINKS TO WWW.RACIL.COM
If you are interested in linking to the home page or other pages on www.racil.com, please contact the Provider at the following email: customercare@racil.com. We ask that you contact us in order to request our consent to www.racil.com. The activation of links is granted on request, free of charge and non-exclusively by the Provider. The Provider is entitled to object to the activation of links to its website in the event that the applicant who intends to activate links to www.racil.com, has, in the past, adopted unfair commercial or business practices which are not generally adopted or accepted by market operators, or has made unfair competition activities vis-a-vis the Provider or the latter's suppliers, or when the Provider fears that such practices or such activities might be adopted by the applicant in the future. In any event, it is forbidden to post deep links (such as deep frames) to www.racil.com or to use unauthorized meta-tags without the Provider's consent.
CONTENT DISCLAIMER
The Provider does not warrant that the contents of the website are appropriate or lawful in other countries outside the UK. However, in the event that such contents are deemed to be unlawful or illegal in some of these countries, please do not access this website. If you choose to access it nonetheless, we inform you that your use of the services provided by www.racil.com is at your own exclusive and personal responsibility.
The Provider has also taken every precaution necessary to ensure users that the Contents of www.racil.com are accurate and do not contain incorrect or outdated information on their date of publication on the website and, as far as possible, afterwards. Nonetheless, the Provider does not accept any liability to users for the accuracy or completeness of contents published on www.racil.com, without prejudice to their liability for negligence or willful misconduct and other legal liability. Moreover, the Provider cannot guarantee that the website will operate continuously, without any interruptions and errors due to the connection to the internet. In the event of any problem in using our website, please contact Customer Care (customercare@racil.com).
A representative will be at your disposal to assist and help you to restore your access to the website, when and if possible. In the same way, we also recommend you contact your internet services provider or check that each device for internet connection and access to web content is correctly activated, including your internet browser. Although the Provider will do everything possible to ensure continuous access to their website, the dynamic nature of the internet and its contents may not allow www.racil.com, to operate without any suspensions, interruptions or discontinuity due to updating the website. The Provider has adopted adequate technical and organizational security measures to protect services on www.racil.com, the integrity of data and electronic communications in order to prevent unauthorized use of or access to data, and prevent risks of dissemination, destruction and loss of data and confidential/non-confidential information regarding users of www.racil.com, and to avoid unauthorized or unlawful access to such data and information.
OUR BUSINESS POLICY
The Provider has a set business policy, and our mission consists of selling products through our services and website exclusively to "consumers", intended as any natural person acting on www.racil.com, for purposes which are outside his or her trade, business or professional activity (if any). If you are not a consumer, please do not use our services for purchasing products on www.racil.com. If you continue to use the site, the Provider may refuse to accept purchase orders from persons other than consumers or any other purchase order which does not comply with the Terms and Conditions and these Conditions of Use.
APPLICABLE LEGISLATION
These Terms & Conditions of Use, along with the ones listed below, are governed by UK law.
CONDITIONS OF SALE
These Conditions of Sale, together with the Privacy Policy and Shipping & Returns Policy, govern the offer, transmission and acceptance of purchase orders relating to products on www.racil.com between the Consumers or users of www.racil.com and the Vendor.
‘The Vendor’ or ‘we’ (in this case Racil.com or RACIL C LTD) offers products for sale on www.racil.com and its e-commerce business services are available exclusively to its end users, i.e. the "Consumers".
The "Consumer" or ‘you’ shall mean any individual who is visiting www.racil.com for purposes which are outside his or her trade, business or profession. If you are not a Consumer, please do not buy any products on www.racil.com.
The Vendor reserves the right not to process orders received from users who are not "Consumers" and any other order which does not comply with the Vendor's business policy.
These terms will apply to any contract between us for the sale of products to you. Please read these terms carefully and make sure you understand them, before ordering any products from our website. Please note that before placing an order you will be asked to agree to these terms. If you refuse to accept these terms, you will not be able to order any products from our website.. 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. Every time you order products from us, the terms in force at the time of your order will apply to the contract between you and us. If we have to revise these terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the contract if you are not happy with the changes. You may cancel either in respect of all the offered products or just the products you are yet to receive. If you opt to cancel due to these changes of terms, you will have to return any relevant products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
The Conditions of Sale do not govern the supply of services or the sale of products performed by third parties that are on www.racil.com through links, banners or other hypertext links. Before submitting orders and purchasing products and services from third parties, we recommend that you verify their Conditions of Sale. We shall under no circumstances be deemed liable for the supply of services provided by third parties or for the execution of e-commerce transactions between the users of www.racil.com and third parties.
For any further information, please contact our Customer Care team (customercare@racil.com).
For information on orders and shipping, refunds and returns of products purchased on racil.com please visit our Shipping & Returns Page.
For any other legal information, please go to the sections: Terms and Conditions, Privacy Policy and Cookie Policy.
PLACING YOUR ORDER AND OUR CONTRACT WITH YOU
Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
Before submitting your order form for the purchase of products, you will be asked to carefully read the Privacy Policy and Shipping & Returns Policy.
After you place an order, you will receive an email from us acknowledging that we have received your order. However, please note that this does not mean your order has been accepted. Our acceptance of your order will take place as described below. The order form will be filed in our database for the time required to process your order and as provided by law. You may access your order form by logging in and visiting the section called Orders, in the My Account area.
Our acceptance of your order will take place when we email you to confirm dispatch of your product, at which point a contract will come into existence between you and us. The order form contains a summary of our Shipping & Returns Policy, information on the main characteristics of each product ordered and the corresponding unit price (including all applicable fees but not the taxes/ import duties related to your country), the type of payment methods that you may use in order to purchase each product, shipping terms for the purchased products, shipping and delivery costs and the conditions for returning purchased products.
If we are unable to accept your order, we will inform you of this in writing and we will refund you any money charged for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified. We reserve the right not to accept an order for any reason and we may refuse to process purchases if there are no sufficient guarantees of solvency, when orders are incomplete or incorrect, or the products are no longer available. In those cases, we shall inform you by e-mail that the order has not been placed and that the we have not processed your order specifying the reasons thereof. If the products displayed on www.racil.com are no longer available at the time you last accessed the website or submitted your order form, we shall inform you of the unavailability of the ordered products within five (5) days from the day after we have received your order. If the order form has been sent and the price has already been paid, we will refund the amount paid for those items.
Once your order is accepted, we will assign an order number to your order which we will communicate to you when we accept your order. Please let us know the order number provided whenever you contact us about your order.
By submitting an order form online, you unconditionally accept and undertake to observe the provisions of these Conditions of Sale as well as the Privacy Policy and Shipping & Returns Policy of www.racil.com. Should you not agree with certain provisions of these Conditions of Sale, please do not submit your order form for the purchase of products on www.racil.com.
Product packaging may vary. The packaging of the product may vary from that shown on images on our website.
YOUR RIGHTS TO MAKE CHANGES TO YOUR ORDER
If you wish to make a change to the order after processing, please contact our Customer Care team directly and we will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the product, the timing of delivery or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
PROCESSING YOUR ORDER
During the order process, we will let you know when we will ship the products to you. Our estimated delivery times are set out on our Shipping & Returns page. We aim to dispatch products within 1-3 business days from your order. Deliveries take place Monday – Friday, with the exception of Bank Holidays.
We are not responsible for delays outside our control (including customs clearance processes). Please read below for more information on events outside our control. We insure each order during the time the product is in transit until it is delivered to the address you have provided. The cost of delivery will be as displayed to you on our website. Depending on the shipping provider, a signature might be required for all products delivered. If you have specified a third-party recipient (not your personal address) for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or a person at their delivery address) is evidence of delivery and fulfilment of the order and you become responsible for the product from this time. The product will be your responsibility from the time we deliver the product to the address you gave us and you (or a person at your delivery address) has signed for the products. You own the products once we have received payment in full. We may need certain information from you so that we can supply the products to you. We will contact you by phone or in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may end the contract. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it. Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
-deal with technical problems or make minor technical changes
-update the product to reflect changes in relevant laws and regulatory requirements
-make changes to the product as requested by you or notified by us to you
We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or is an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 30 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract. If we miss the delivery deadlines for any products, then you may cancel your order straight away if any of the following apply:
-we have refused to deliver the products
-delivery within the delivery deadline was essential (taking into account all the relevant circumstances and delivery times stated at time of order)
-you told us before we accepted your order that delivery within the delivery deadline was essential
If you do not wish to cancel your order straight away, or do not have the right to do so based on our policies, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your order if we do not meet the new deadline.
If you do choose to cancel your order for late delivery, you can do so for just certain items on your order or all of them, unless splitting them up would significantly reduce their value. If the products have been delivered to you, you will have to return them to us, and we will pay the costs of this. After you cancel your order we will refund any sums you have paid to us for the cancelled products and their delivery.
INTERNATIONAL DELIVERY
We deliver to the countries listed on our Shipping & Returns page. However, there are restrictions on some products for certain International Delivery Destinations, so please review the information on that page carefully before placing an order.
If you order products from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount. They are not included in our pricing.
You will be responsible for payment of such import duties and taxes. Please contact your local customs office for further information before placing your order.
You must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable or responsible if you breach any such laws.
We can not accept returns, or provide refunds, for orders that you do not accept because of the import taxes and duties imposed by your country’s local customs office.
SHIPPING AND RETURNS OF THE PRODUCTS
For information on specific product shipping and delivery procedures, access the Shipping & Returns section. Please read these sections carefully. The information provided forms an integral part of these Conditions of Sale and, consequently, shall be deemed to be fully read and accepted by you at the time your order form is sent.
OUR PRODUCTS
Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
PRICING POLICY
Prices shown are inclusive of UK VAT (where applicable) at the current rate. If the country of shipment is outside the UK but within the European Union prices will be shown exclusive of VAT. At the time of checkout, all other countries are shown a price excluding VAT prior to purchase. Please check you’re your local customs office to enquire about taxes and duties that are applicable to your country
Prices for our products may change from time to time, but changes will not affect any order you have already placed.
The price of a product does not include delivery charges. Our delivery charges are advised to you during the check-out process, before you confirm your order.
It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
We set our prices regardless of our retailers pricing policies and are not obliged to match their price under any circumstances.
PAYMENT TERMS
Payment of the product prices and the relative costs for shipping and delivery must be made by using one of the check-out options indicated on the order form. Payment must be complete before dispatch of the order.
We accept payment with the following debit or credit cards only: MasterCard, Visa, Visa Electron, UK Maestro, Amex. You confirm that the credit/debit card that is being used is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment, we will not accept your order and we will not be responsible for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.
If you pay with credit card, your financial information (for example, the credit/debit card number or the expiry date) will be sent to an external payment service provider (PSP) who, guarantees the security of the transaction. Your financial information will never be used by the Vendor except for performing the procedure relevant to your purchase or issuing refunds in the case of returns in compliance with the exercise of your return right or for reporting cases of fraud on www.racil.com to the police. The price for the purchase of products and the costs for shipping and delivery, as indicated in the order form, will be charged to your current account only when the purchased products are actually shipped.
We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order.
International transaction fees: The Vendor does not apply any extra charges past the requested amount made at the time of purchase; any such fees that appear on your bank statement are withdrawn by your bank.
IF THERE IS A PROBLEM WITH THE PRODUCT
If you have any questions or complaints about the product you ordered from our website, please contact our customer care team by email: customercare@racil.com.
We are under a legal duty to supply products that are in conformity with this contract. See below for a summary of your key legal rights in relation to our products. Nothing in these terms will affect your legal rights.
If you wish to exercise your legal rights to reject products, you must post them back to us by secure means and share the tracking number of your package with us by email. We will pay the costs of postage or collection.
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. The Consumer Rights Act 2015 says products must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following: -Up to 30 days: if your products are faulty, then you can get an immediate refund. -Up to six months: if your products can't be repaired or replaced, then you're entitled to a full refund, in most cases. -Up to six years: if your products do not last a reasonable length of time you may be entitled to some money back. |
YOUR RIGHTS TO END THE CONTRACT
You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
- if what you have bought is faulty or mis-described you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back)
- if you want to end the contract because of something we have done or have told you we are going to do
- if you have just changed your mind about the product. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods
If you are ending a contract for a reason set out below, the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
- we have told you about an upcoming change to the product or these terms which you do not agree to
- we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed
- there is a risk that supply of the products may be significantly delayed because of events outside our control
- we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days
- you have a legal right to end the contract because of something we have done wrong
As a consumer, you have a legal right to cancel the contract. You have 14 days from after the day you (or someone you nominate) receive(s) the goods, unless your goods are split into several deliveries over different days. In this case, you have until 14 days after the day you (or someone you nominate) receive(s) the last delivery to change your mind about the goods. This means that during the relevant period, if you change your mind or decide for any reason that you do not want to receive or keep a product, you can notify us within the relevant period of your decision to cancel and receive a refund.
HOW TO END THE CONTRACT WITH US UNDER THE CONSUMER RIGHTS ACT 2015
To end the contract with us, please contact Customer Services at customercare@racil.com Please provide your name, home address, details of the order and, where available, your phone number and email address
If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us no later than 14 days after the day on which you receive your “Request Authorisation” email from us. You must post them back to us by secure means and ensure the products reach us in good condition
We will pay the costs of return only if the products are faulty or we delivered the wrong item.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return
We will refund you the price you paid for the products by the method you used for payment. However, we may make deductions from the price, as described below
If you are exercising your right to change your mind, the following deductions from your refund may apply:
- We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount. For this reason, we recommend that you insure the products whilst they are being returned to us.
- The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the standard delivery option.
We will make any refunds due to you as soon as possible. Your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.
We recommend that you retain proof of sending the products back to us. If we do not receive the products, we will arrange to have them collected at your cost.
If you are exercising your right to change your mind, you may prefer to return or exchange items using our free return and exchange collection service. You will need to request your Returns Authorisation Number (“RAN”) number within 14 days after the day you receive the goods and return your unwanted items within 14 days after the day of receiving your RAN number. You can exchange the item for the same item in a different size, if available. Shipping is complementary on a replacement item.
OUR RIGHTS TO END THE CONTRACT
We may end the contract if you breach it. We may end the contract for a product at any time by writing to you if you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, you do not, within a reasonable time, allow us to deliver the products to you.
OUR LIABILITY
We only supply the products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We do not in any way exclude or limit our liability for:
- death or personal injury caused by our negligence
- fraud or fraudulent misrepresentation
- any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession)
- any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples)
- defective products under the Consumer Protection Act 1987
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below:
An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
If an Event Outside Our Control takes place that affects the performance of our obligations under a contract:
- we will contact you as soon as reasonably possible to notify you
- our obligations under contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over
You may cancel a contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant products you have already received and we will refund the price you have paid, including any delivery charges.
THE USE OF THE WEBSITE
If you register an account with us, you are responsible for keeping your password and user name confidential and for all activities that are carried out using them. You agree to notify us immediately by email to customercare@racil.com if you become aware of or suspect any unauthorised use of your password or user name.
You confirm that in using the website all information and details provided by you to us are true, accurate and up to date in all respects. You can update or correct your personal details at any time by amending your account details within your registered account; and that you will comply with the restrictions on your use of the website as set out in these terms.
You agree that in using the website you will not use the website for any unlawful purpose or in any way that interrupts, damages, impairs or renders the website less efficient; access or attempt to access the accounts of other users or to penetrate or attempt to penetrate the website security measures.
You agree to compensate us fully if a claim or legal proceeding is brought against us by any other person as a result of your breach of these terms; and/or you have acted negligently, recklessly or in a deliberately harmful way and we have suffered losses as a result of your use of the website or any content you have submitted to us.
We reserve the right to suspend, restrict or terminate access to the website or any part of it at any time without notice. We endeavour to ensure that the website is always available but do not guarantee that it will be available uninterrupted or error free.
We are the owner or the licensee of all website design, text, graphics and software. Other trade marks and logos shown on the website are either owned by Racil C Limited or a third party. Your use of the website and its contents grants no rights to you in relation to our intellectual property rights or the intellectual property of third parties.
You may not copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the web pages or materials on the website or the commuter codes of elements comprising the website other than for your own personal use. Subject to the above, you may download insubstantial excerpts of this content for the purpose of viewing it, provided that no more than one copy of any information is made.
Any use other than that permitted may only be undertaken with our prior express permission.
You may link to our home page provided that you do so in a fair and legal way and not in a way that may damage or takes advantage of our reputation or that suggests any form of association, approval or endorsement on our part.
You may not frame our website nor may you create a link to any part of our website other than the home page unless we give you written permission (which we may withdraw at any time).
Where our website contains links to other websites provided by third parties, these links are provided for your information only and do not constitute an endorsement by us of those sites. We have no control over the contents of those sites and accept no responsibility for them or any loss or damage that may arise from your use of them.
OTHER IMPORTANT TERMS
We may transfer our rights and obligations under a contract to another organisation, but this will not affect your rights or our obligations under these terms.
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
if you are a consumer, please note that these terms are governed by English law. This means a contract for the purchase of products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, a contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. We both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a contract or its subject matter or formation (including non-contractual disputes or claims).