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TERMS & CONDITIONS

WEBSITE USAGE & SALES

WEBSITE USAGE

Terms

By accessing the website at http://www.baseperformance.net, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site.

Use License

Permission is granted to temporarily download one copy of the materials (information or software) on Base Performance Simulators' website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  • Modify or copy the materials;

  • Use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

  • Attempt to decompile or reverse engineer any software contained on Base Performance Simulators' website;

  • Remove any copyright or other proprietary notations from the materials; or

  • Transfer the materials to another person or "mirror" the materials on any other server.

Disclaimer

The materials on Base Performance Simulators' website are provided on an 'as is' basis. Base Performance Simulators makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

Limitations

In no event shall Base Performance Simulators or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Base Performance Simulators' website, even if Base Performance Simulators or a Base Performance Simulators authorized representative has been notified orally or in writing of the possibility of such damage.

Accuracy of materials

The materials appearing on Base Performance Simulators' website could include technical, typographical, or photographic errors. Base Performance Simulators does not warrant that any of the materials on its website are accurate, complete or current. Base Performance Simulators may make changes to the materials contained on its website at any time without notice. However Base Performance Simulators does not make any commitment to update the materials.

Links

Base Performance Simulators has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Base Performance Simulators of the site. Use of any such linked website is at the user's own risk.

Modifications

Base Performance Simulators may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.

Governing Law

These terms and conditions are governed by and construed in accordance with the laws of United Kingdom and you irrevocably submit to the exclusive jurisdiction of the courts in that location.

BESPOKE DESIGN

Looking to elevate your sim further? The BPS design team can create a custom livery for a truly bespoke simulator - quoted upon request

FINANCE AVAILABLE

Let us help you Finance your Simulator with access to a range of solutions to meet your needs from our partners at Classic & Sports Finance.

ADDTIONAL SUPPORT

Our team is available to provide the technical support you need to get the most of out of your motorsport simulator. 

CONDITIONS OF SALE

Interpretation

  1. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft, or profession.

  2. Contract means the legally-binding agreement between you and us for the supply of the Goods.

  3. Delivery Location means the Supplier's premises or other location where the Goods are to be supplied, as set out in the Order.

  4. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored.

  5. Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order.

  6. Order means the Customer's order for the Goods from the Supplier as submitted following the step-by-step process set out on the Website.

  7. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website.

  8. Website means our website https://www.baseperformance.net/ on which the Goods are advertised.

Goods

  1. The description of the Goods is as set out in the Website, catalogues, brochures or other forms of advertisement. Any description is for illustrative purposes only, and there may be small discrepancies in the size and colour of the Goods supplied.

  2. In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.

  3. All Goods which appear on the Website are subject to availability.

  4. We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

Personal information

  1. We retain and use all information strictly under the Privacy Policy.

  2. We may contact you by using e-mail or other electronic communication methods and by pre-paid post, and you expressly agree to this.

Basis of Sale

  1. The description of the Goods on our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.

  2. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.

  3. A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order, you agree to us giving you confirmation of the Contract by means

Interpretation

  1. "Consumer" refers to an individual acting for purposes primarily outside of his/her trade, business, craft, or profession.

  2. "Contract" refers to the legally-binding agreement between you (the customer) and us (the supplier) for the supply of the Goods.

  3. "Delivery Location" refers to our premises or another location where the Goods are to be supplied, as set out in the Order.

  4. "Durable Medium" could be paper or email, or any other medium that facilitates personal addressing of information to the recipient, allows the recipient to store the information for future reference for a period long enough for the purposes of the information, and permits the unchanged reproduction of the stored information.

  5. "Goods" refers to the products advertised on the Website that we supply to you as per the number and description set out in the Order.

  6. "Order" refers to the Customer's order for the Goods from the Supplier as submitted through the step-by-step process set out on the Website.

  7. "Privacy Policy" refers to the terms outlining how we handle confidential and personal information received from you via the Website.

  8. "Website" refers to our website https://www.baseperformance.net/, where the Goods are advertised.

Goods

  1. The Goods' description is as given on the Website, catalogues, brochures, or other forms of advertisement. Descriptions are for illustrative purposes only, and minor discrepancies in size and color of the Goods supplied may occur.

  2. If the Goods are made as per your special requirements, you are responsible for ensuring the accuracy of any provided information or specification.

  3. All Goods shown on the Website are subject to availability.

  4. We may make changes to the Goods necessary to comply with any applicable law or safety requirement, and we will notify you of these changes.

Personal Information

  1. We retain and use all information strictly under the Privacy Policy.

  2. We may contact you via e-mail, other electronic communication methods, or pre-paid post, and you expressly agree to this.

Basis of Sale

  1. The Goods' description on our website does not constitute a contractual offer to sell the Goods. We can reject any Order submitted on the Website for any reason, and we will aim to communicate the reason without delay.

  2. The Order process is set out on the Website. Each step allows you to review and amend any errors before submitting the Order. It is your responsibility to check that you have correctly used the ordering process.

  3. A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors.

  4. Any quotation is valid for a maximum period of 7 days from its date unless we expressly withdraw it at an earlier time.

  5. No variation of the Contract can be made after it has been entered into unless agreed upon by both the Customer and the Supplier in writing.

  6. We intend for these Terms and Conditions to apply only to a Contract entered into by you as a Consumer. If you're not acting as a Consumer, you must inform us, so we can provide you with a different contract with terms more suitable for you.

Price and Payment

  1. The price of the Goods and any additional delivery or other charges are set out on the Website at the date of the Order or at such other price as we may agree in writing.

  2. Prices and charges include VAT at the rate applicable at the time of the Order.

  3. Payment must be made by submitting your credit or debit card details with your Order, and we can take payment immediately or otherwise before the delivery of the Goods.

Delivery

  1. We will deliver the Goods to the Delivery Location within the agreed period, or failing any agreement, without undue delay, and, in any event, not more than 30 days after the day on which the Contract is entered into.

  2. If we fail to deliver the Goods on time, and delivery on time is essential (as communicated by you at the time the Contract was made), or if you specify a later period appropriate to the circumstances and we fail to deliver within that period, you can treat the Contract as at an end. In this case, we will promptly return all payments made under the Contract.

  3. If the Goods have been delivered, you must return them to us or allow us to collect them from you, and we will pay the costs of this.

  4. We generally do not deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man, and Channels Islands. If we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.

  5. If you or your nominee fails to take delivery of the Goods at the Delivery Location, through no fault of ours, we may charge the reasonable costs of storing and redelivering them.

  6. The Goods become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.

Risk and Title

  1. Risk of damage to or loss of any Goods will pass to you when the Goods are delivered to you.

  2. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.

Withdrawal, Returns, and Cancellation

  1. You can withdraw the Order before the Contract is made if you simply wish to change your mind and without incurring any liability.

  2. This is a distance contract which has the cancellation rights set out below. However, these Cancellation Rights do not apply to a contract for goods intended for current consumption in the household, goods made to your specifications, goods which are liable to deteriorate or expire rapidly, and if the goods become mixed inseparably

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