Article 1. Definitions
1.1 In these Terms and Conditions, the following words have the following meanings, unless stated otherwise or the context requires otherwise:
a. D2 Racing UK, “we”, “us” or “our”: the seller and operator of the Website, trading as D2 Racing UK.
b. Customer: the individual or business that places an order with D2 Racing UK.
c. Product: any product supplied by D2 Racing UK.
d. Website: https://d2racinguk.com/, operated by D2 Racing UK.
e. Consumer: an individual acting for purposes that are wholly or mainly outside their trade, business, craft or profession.
Article 2. General
2.1 These Terms and Conditions apply to all contracts between D2 Racing UK and the Customer.
2.2 Any variation to these Terms and Conditions is only valid if expressly agreed by both parties in writing, including by email.
2.3 Any terms and conditions of the Customer’s own do not apply.
2.4 If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. Any invalid provision will be replaced with a valid provision that comes as close as possible to its original intention.
2.5 If we do not insist on strict compliance with any of these Terms and Conditions at any time, this does not mean that we have waived our right to do so in future.
Article 3. Offers and quotations
3.1 All offers and price quotations from D2 Racing UK are made without obligation and may be withdrawn at any time before an order is accepted.
3.2 We are not bound by any obvious printing, typographical or programming errors in our catalogues, emails or on the Website.
3.3 The range of Products offered on the Website may change from time to time.
Article 4. Images and product information
4.1 Images, colours, weights, technical specifications and other details of Products shown on the Website are approximate and for guidance only, and cannot form a basis for compensation or cancellation.
Article 5. Placing an order
5.1 A contract is formed when the Customer has completed the order process on the Website, or has accepted an offer from D2 Racing UK in any other way.
5.2 Once a contract has been formed through the Website, we will send the Customer an email confirming that we have received the order. This email includes the order number and the details of the order.
5.3 An order cannot be placed through the Website until the Customer has ticked the box confirming that they accept these Terms and Conditions.
Article 6. Prices and import duties
6.1 For deliveries within the United Kingdom, prices shown on the Website include delivery and any import duties, which we pay on the Customer’s behalf. The Customer will have nothing further to pay on delivery.
6.2 For deliveries outside the United Kingdom, prices do not include any import duties, customs charges or taxes due in the destination country. These are the sole responsibility of the Customer, and D2 Racing UK cannot be held liable for them.
6.3 We may change our prices and delivery charges from time to time.
6.4 For Consumers, the price shown when the order is placed is the price paid. For business Customers, prices are based on the costs that apply at the time of the offer. If those costs change between the formation of the contract and delivery, for example due to changes in purchase, transport or storage prices, packaging costs, wages, import duties or exchange rates, we reserve the right to adjust the original price for business Customers.
Article 7. Customer obligations
7.1 The Customer must provide us in good time with any information we say is needed to fulfil the order, or which the Customer should reasonably understand is needed.
7.2 If the information provided by the Customer is incomplete or incorrect, this is entirely at the Customer’s own risk and cost.
7.3 The Customer must inform us immediately of any facts or circumstances that may be relevant to fulfilling the order.
7.4 The Customer is solely responsible for complying with any laws and regulations that apply to owning, storing, using, transporting or selling the Product in their country.
7.5 Any information we provide about the suitability or use of a Product is given without obligation and does not remove the Customer’s responsibility to carry out, or arrange, their own checks and tests.
7.6 The Customer must make sure the Product is legal for use on public roads in their own country. All Products are sold for off-road and show use only, in line with our company policies. Please check that the Product is suitable and legal for use in your country before buying.
7.7 The Customer must keep their Website login details confidential. D2 Racing UK is not liable if an unauthorised third party uses the Customer’s login details.
7.8 The Customer must tell us of any change to their contact details, either by email or through their account.
Article 8. Delivery
8.1 The Customer will be told of any delivery charges before the contract is formed.
8.2 Risk of loss of or damage to the Product passes to the Customer once the Product has been delivered.
8.3 The Product will be delivered to the address given by the Customer.
8.4 The Customer must accept delivery of the Products.
8.5 The Customer must make sure the delivery address is properly accessible.
8.6 So that we can supply brand-new stock, the Customer accepts that additional manufacturing time may be needed for older model vehicles, to avoid aged stock being delivered.
8.7 For deliveries outside the United Kingdom, the Customer is responsible for any import duties, customs formalities and taxes due in their country, as set out in Article 6.
8.8 We may deliver an order in more than one part.
Article 9. Delivery times
9.1 Delivery times given are estimates and are not guaranteed deadlines.
9.2 The delivery time starts once we have received payment for the order, unless the order is on account.
9.3 If a delivery time is missed because of an event outside our reasonable control, as described in Article 17, the delivery time will be extended by the length of the delay caused.
9.4 If we cannot deliver the Products within 30 days of the order, we will contact the Customer to agree a new delivery date. If a Customer who is a Consumer does not wish to agree a new delivery date, they may cancel the order free of charge, and we will refund any amounts already paid within 30 days of cancellation.
Article 10. Cancelling an order
10.1 All of our Products are made to order. The Customer may cancel an order within 24 hours of placing it at checkout, by using our Cancel an Order form or by emailing info@d2racinguk.com.
10.2 After 24 hours, orders cannot be cancelled.
10.3 Refunds for cancelled orders are made to the original payment method, less the payment processing fee set out in our Refund and Returns Policy.
10.4 This Article does not affect a Consumer’s rights if a Product is faulty, damaged or not as described. See Article 15, Article 23 and our Refund and Returns Policy.
Article 11. Cancellation by business Customers
11.1 If we agree to cancel an order from a business Customer after the period in Article 10, or a business Customer refuses delivery, a cancellation charge of 15% of the order value will apply.
Article 12. Payment
12.1 The payment methods available depend on the Customer’s country and are shown on the Website.
12.2 For orders on account, the Customer must pay the invoice within the payment term stated on it.
12.3 If the Customer does not pay an invoice on time, they will be in default immediately and statutory interest will be charged. Any court and debt recovery costs we incur in collecting the amount owed will be payable by the Customer. For business Customers, debt recovery costs are 15% of the amount owed, with a minimum of £250.00. Customers who are Consumers will only be charged the debt recovery costs permitted by law.
12.4 Payments received will be applied first to any interest due, then to collection costs, and then to the outstanding amount.
12.5 Payment must be made in full, without any deduction or set-off.
Article 13. Ownership of goods
13.1 Products supplied remain the property of D2 Racing UK until we have received payment in full for them and for any other amounts the Customer owes us.
13.2 Until ownership has passed to the Customer, the Customer must not: a. use the Products as security for any debt; b. grant any rights over the Products to any third party; c. resell the Products other than in the normal course of the Customer’s business.
13.3 A business Customer may not sell the Products, even in the normal course of business, once it has entered into any insolvency procedure.
13.4 The Customer must store Products that still belong to us with due care, keep them identifiable as the property of D2 Racing UK, and do anything that can reasonably be expected to protect our ownership.
13.5 If a business Customer does not fully meet its obligations to us, or the contract is ended for any reason, we may recover any Products that still belong to us without prior notice or a court order, and without affecting our right to claim full damages.
13.6 To allow us to do this, the business Customer must give us, or anyone acting on our behalf, access to the premises where the Products are kept.
13.7 If the Customer becomes insolvent or has goods seized, the Customer must immediately tell the insolvency practitioner or enforcement agent of our ownership rights.
13.8 This Article does not affect any of our other rights.
Article 14. Complaints
14.1 The Customer must inspect the Products and their packaging immediately on delivery and check in particular: a. that the correct Products have been supplied; b. that the correct quantity has been supplied; c. that the packaging is not damaged.
14.2 If the delivery is incorrect or the packaging is damaged, the Customer must tell us immediately, and in any case within 3 days of delivery. This time limit applies to delivery errors and transit damage only, and does not affect a Consumer’s statutory rights if a Product is faulty or not as described.
14.3 Questions or complaints can be sent to D2 Racing UK by email at info@d2racinguk.com. Our full complaints procedure is on our Complaints page.
14.4 We aim to resolve complaints within 30 days. In the unlikely event that this is not possible, we will tell the Customer how long it will take.
Article 15. Warranty
15.1 New Products are covered by a 1-year manufacturer’s warranty. The warranty is provided by the manufacturer, and D2 Racing UK acts as the point of contact between the manufacturer and the Customer for warranty matters. The warranty is in addition to, and does not affect, a Consumer’s statutory rights (see Article 23).
15.2 If a Product proves defective during the warranty period, it will be repaired, a replacement part or Product will be supplied, or all or part of the purchase price will be refunded, at the manufacturer’s discretion. The warranty does not cover any labour costs paid by the Customer as a result of a defect, or any damage to the vehicle.
15.3 The warranty does not apply, and claims will not be considered, if: a. the Customer did not report the defect to us by email immediately after discovering it; b. the Product was not fitted in line with the instructions; c. the Customer or a third party has carried out work, modifications or repairs on the Product; d. the damage or defect was caused by a road traffic accident; e. the defect was caused by misuse or by a failure on the part of the Customer or their staff, including use contrary to the instructions provided, safety regulations, traffic laws or other government regulations; f. the Product was not used for its agreed purpose or, if none was agreed, its normal purpose; g. the defect is the result of normal wear and tear; h. the defect is caused by government regulations on the type or quality of materials used; i. the damage was caused by third parties (vandalism); j. the defect was caused by external circumstances such as fire, natural disasters, explosion, water, weather or road conditions; k. the issue is a minor variation that is normal in the industry or technically unavoidable; l. the defect was caused by use outside the permitted technical specifications.
15.4 Repair or replacement of a Product does not extend the warranty period.
15.5 To make a warranty claim, the Customer must contact us before returning any Product, using our Warranty Claim form or by email at info@d2racinguk.com, with photos or other evidence that clearly show the defect. We will then arrange collection of the Product within 7 days. The Product must be packed in its original packaging where possible.
15.6 If a Product is returned and no valid warranty claim is found, it will be returned to the Customer unaltered and an inspection fee of £25.00 will be charged.
Article 16. Liability
16.1 D2 Racing UK is not liable for any loss or damage caused directly or indirectly by: a. an event outside our reasonable control, as described in Article 17; b. any act or omission of the Customer, their staff or anyone working on their behalf.
16.2 We are not liable for any loss caused by the Website or ordering being temporarily or permanently unavailable, whether due to maintenance or otherwise.
16.3 Colours shown on the Customer’s screen may differ from the actual colours of the Product, and we are not liable for such differences.
16.4 We are not liable for any loss caused by us acting on incorrect or incomplete information provided by the Customer, such as an incorrect delivery address.
16.5 If the Customer or a third party modifies a Product supplied by us, we accept no liability for its operation or for any resulting loss.
16.6 We are not liable for any damage to, or accidents involving, the Product caused by incorrect or improper use.
16.7 We are not liable for any loss caused by the Customer failing to follow safety regulations.
16.8 We are not liable for any damage caused by the Customer storing, keeping, transporting, fitting or using the Products incorrectly, resulting in damage to the Products or other property.
16.9 If we need to take action or support a manufacturer’s recall to prevent further damage from a defect in Products supplied, the Customer agrees to cooperate.
16.10 We are not liable for consequential loss. This includes, but is not limited to: loss of turnover, loss of profit, loss of savings, technical damage to the vehicle, costs of alternative transport, towing costs, travel expenses, and losses caused by delay or business interruption.
16.11 For business Customers, if we are found liable for any loss, our liability is limited to the amount paid out by our insurer. If our insurer does not pay out, or the loss is not covered, our liability is limited to the invoice value of the part of the order concerned.
16.12 A business Customer will indemnify D2 Racing UK against any third-party claims arising from incidents, acts or omissions for which we are not liable under this Article, and will reimburse us on request for any costs, losses and interest we incur as a direct or indirect result of such a claim.
16.13 Any claims a business Customer may have against D2 Racing UK expire one year after the circumstances giving rise to the claim. For Consumers, the normal legal time limits apply.
16.14 If the Customer fails to meet their obligations under the contract or the law, or acts unlawfully towards D2 Racing UK, the Customer must compensate us for any resulting loss.
16.15 Nothing in these Terms and Conditions limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot be limited or excluded by law.
Article 17. Events outside our control
17.1 We are not obliged to meet our obligations if we are prevented from doing so by an event outside our reasonable control. Such events include, but are not limited to: obstructions caused by third parties including government bodies, illness, transport disruption, weather, strikes, civil unrest, war or the threat of war in the UK or in the countries the Products come from, loss of or damage to Products in transit, late delivery or non-delivery by our suppliers, export and import restrictions, fire, breakdowns and accidents at our premises or our suppliers’ premises, fire in vehicles used by us or our carriers, and charges or measures imposed by government bodies that change the circumstances.
17.2 This also includes any failure by our suppliers that prevents us from meeting our obligations fully or on time.
17.3 In such an event, we are not obliged to compensate any loss resulting directly or indirectly from it, and our obligation to deliver is suspended. Depending on the circumstances, this may apply to all or part of the order, or may only delay delivery. Where delivery can be made later or in a different way, both D2 Racing UK and the Customer will make use of that opportunity.
Article 18. Suspension and termination
18.1 We may immediately suspend a contract if, after it has been formed, we become aware of circumstances that give good reason to believe the Customer may not meet their obligations.
18.2 We may end the contract if the Customer fails to meet any of their obligations, in whole or in part, and does not put this right after being notified.
18.3 We may also end the contract if circumstances make it impossible to perform, or if it can no longer reasonably be expected to continue unchanged.
18.4 We may end the contract if the Customer enters into any insolvency procedure, is declared bankrupt or has a bankruptcy petition filed against them, is unable to pay their debts, closes or winds up their business, or if an administrator or receiver is appointed.
18.5 If we suspend or end a contract, we are not obliged to compensate any resulting loss or costs, however caused.
Article 19. Confidentiality
19.1 Both parties must keep confidential any confidential information obtained from each other, or from other sources, in connection with the contract. Information is confidential if the other party says it is, or if this is clear from its nature. The party receiving confidential information may only use it for the purpose for which it was provided.
Article 20. Intellectual property
20.1 The Customer must fully respect all intellectual property rights in the Products supplied by D2 Racing UK.
20.2 The Customer may not copy, share, distribute, reproduce or publish any information, text, logos, brands, trade names or images from the Website without our prior permission in writing (including by email).
Article 21. Security
21.1 We take appropriate security measures to protect the Website against unauthorised access to, or alteration, destruction or loss of, the information Customers enter through it.
Article 22. Governing law and jurisdiction
22.1 These Terms and Conditions and any contract between D2 Racing UK and the Customer are governed by the law of England and Wales.
22.2 Any dispute will be dealt with by the courts of England and Wales. If the Customer is a Consumer living in Scotland or Northern Ireland, they may also bring proceedings in their local courts.
Article 23. Your statutory rights
23.1 If you are a Consumer, you have legal rights under the Consumer Rights Act 2015 in relation to Products that are faulty or not as described. Nothing in these Terms and Conditions affects those rights. Advice about your legal rights is available from Citizens Advice.