TT Originals Terms & Conditions

LAST UPDATED: 19th November 2024

1. Welcome

These terms conditions of sale (the "Terms and Conditions") set out the terms that apply to your access and use of our website at shop.iomttraces.com (the "Site") and the terms on which we sell and deliver any products you order from us through our Site (the "Products").
Please read these Terms and Conditions carefully before using our Site and ordering any Products.
By using our Site, setting up an account on our Site or ordering Products through the Site you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you must not use the Site, set up an account on the Site or order any Products from us.

2. Information about us

The Site is provided to you by Source Lab Limited, an English company registered with company number 05001935 and its registered address at Landmark House Station Road, Cheadle Hulme, Cheadle, Cheshire, England, SK8 7BS ("Source Lab", "we", "our" or "us").
Source Lab is an Official Merchandise Partner of the Isle of Man Government, Department for Enterprise
If you would like to contact us, please write to us at shop@iomttraces.com

3. Information about you

Your privacy is important to us. Please read our Privacy Policy to understand how we collect, use and share information about you.

4. Using the Site and Creating an Account

You do not need to register with us to browse the Site or to order Products. However, in order to use certain functionalities of the Site, such as to view your past orders and make the order process easier by saving your details, you will need to register with us and set up an account (your "Account") by:
- entering your email address and setting up a password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Account.
You must be 18 years or older and capable in your country of residence of entering into a legally binding agreement to use the Site and to order Products.

5. Your right to use the Site

The materials and content comprising the Site belong to us or our third party licensors, and we give you permission to use these materials and content for the sole purpose of using the Site in accordance with these Terms and Conditions.
Your right to use the Site is personal to you and you are not allowed to give this right to another person. Your right to use the Site does not stop us from giving other people the right to use the Site.
Unless allowed by these Terms and Conditions and as permitted by the functionality of the Site, you agree:
- not to copy, or attempt to copy any portion of the Site;
- not to give or sell or otherwise make available any portion of the Site to anybody else;
- not to change, or attempt to change any portion of the Site in any way;
- not to look for or access the code of any portion of the Site that we have not expressly published publicly for general use.
You agree that all confidential information, copyright and other intellectual property rights in the Site belong to us or the people who have licenced those rights to us.
You agree that you have no rights in or to any portion of the Site other than the right to use it in accordance with these Terms and Conditions.

6. Ordering Products

You can place orders for Products through the Site by adding Products to your online shopping basket and following the checkout process on the Site.
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 before you complete the order process.
All orders are subject to acceptance by us. We will send you an email to confirm acceptance or otherwise confirm to you in writing when we have accepted your order. The contract for purchase between you and us will only be made when we send you this confirmation of acceptance.
You acknowledge that by placing an order with us for Products you will be under an obligation to pay for the Products in that order.
If you change your mind about the Products you have ordered after making your order you may be able to return the Products to us in accordance with the Cancellation and Returns Policy below at paragraph 14.
You must keep the contact details we hold for you up to date so that we can contact you, if necessary, about your order or the delivery of the Products. If you have set up an account on the Site you can do this by logging in to your Account and updating your personal details. If you do not have an Account, you can do this by contacting us at shop@iomttraces.com

7. Prices of Products

All products will have a starting Bid price, the price of a Product includes all sales taxes but excludes delivery costs, which will be added to the total amount due. The costs of delivery may vary depending on the delivery method you choose and will be displayed to you when you submit your order. In addition to this there may be import duties charged by the courier.

8. Auction Rules

We reserve the right to change auction rules from time to time, including per item up until the closing of any auction.
Bidding on an item is an offer to buy the item at the price in the bid, provided the bidder's offer is the winning bid at the close of the auction. Each item is its own separate auction.
All bids are made in automatic increments that we will set for each item (e.g., an increment might be £5, £10, £25 or another amount). you may increase that amount but may not decrease it.
Auctions may be subject to a “reserve” (a minimum amount that the seller wants to be bid as a condition to being willing to sell the item). However, we reserve the right to establish a reserve amount.
If a problem occurs with a winning bid in an open auction, we might offer you an opportunity to reinstate your currently unsuccessful bid to a currently winning status at your last bid price (i.e., you might become the winning bidder even though you thought you lost). We may contact you at our option. At your option, you may decline or accept the opportunity to become the winning bidder.
An auction closes at its specified ending time.
The highest pound amount bid at each auction's close will be the winning bid for that auction. No bid may be viewed as the winning bid until we have confirmed it such as by sending you an email.
If the credit card or other payment method is declined for any reason, we may attempt to contact the winning bidder, by phone or e-mail. If we cannot verify your payment method within 24 hours of the auction’s close, the next highest bidder will become the winning bid and be processed as described above until a bidder with a compliant payment method is found.
Full payment is required within 24hrs after the auction listing has closed unless stated otherwise.
You are not entitled to any refunds or exchanges, so do not bid unless you are willing to buy the item for the bid amount (plus shipping).

9. Placing a Bid

You will need to sign in to your TT races shop account to place a bid for Products through the Site.
The price of any Product may change from time to time, but changes will not affect any order we have accepted.
To place a bid you can visit any of the running auctions to enter your bid directly. You can also set a maximum ‘automatic’ bid, and the system will automatically increase your bid up to this amount if others outbid you.
Only bids within the active auction time stated on the product auction page will be valid.
Once a valid bid is placed you will receive an email confirming your bid amount of the live auction
If you are outbid an email will be sent notifying you that someone else has outbid you for the currently live auction

10. Winning a Bid

All Bids are subject to acceptance by us. We will send you an email to confirm that you have won a bid or otherwise confirm to you in writing when we have accepted your order. The contract for purchase between you and us will only be made when we send you this confirmation of acceptance.
How much you will pay:

Item price (Your winning Bid)
Shipping fee including packaging

What happens next?

You acknowledge that by winning a Bid you will be under an obligation to pay for the Products within 24hrs from the end of the auction.
You will be required to pay the winning bid price, plus shipping including packaging, if collection is not possible, after the Auction has ended.
Once payment has been made, we will confirm receipt of funds and arrange the collection of the Goods or dispatch the Goods within 3-5 working days of receiving confirmation of receipt of funds.
You must keep the contact details we hold for you up to date so that we can contact you, if necessary, about your order or the delivery of the Products. If you have set up an account on the Site, you can do this by logging in to your Account and updating your personal details. If you do not have an Account, you can do this by contacting us at shop@iomttraces.com

11. Customs and Duty

Unless otherwise stated, all items are shipped from the United Kingdom and may incur duty and other charges upon entering other countries. Any duty, clearance, tax or carrier charges must be borne by the recipient and we will not accept liability for any such costs.
We are unable to advise what the thresholds and rates are for other countries as these are determined by the respective governments and can vary significantly between countries and even items. If upon delivery there are any additional charges due our carrier will contact you to arrange payment.

12. Delivery

We will aim to deliver the Products to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
Unfortunately, although we will make every reasonable effort to ensure your Products are delivered within the estimated timescales, we cannot guarantee that they will not be affected by unforeseen issues affecting the manufacturer of the Product or our delivery partners. If we are unable to meet the estimated delivery date, we will contact you with a revised estimated delivery date.
Your delivery will be completed when we deliver the Products to the address you gave us. If your delivery requires a signature and no one is available at your address to take delivery, we will leave you a note with information about how to rearrange delivery.
We will, depending on service selected, send you an email with tracking information when your Product is out for delivery. Please follow the applicable link in the email we provide to you to find out about the status of your order or track its progress.

13. When you own and become responsible for the products

Ownership of the Products will pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
The Products will be your responsibility from the time of delivery.

14. Cancellation, Returns, and Refund Policy

We hope that you will be pleased with everything you have bought from us, but if you are unhappy with your Products you may be able to return return them to us in accordance with our Cancellations and Returns Policy .

15. Your Responsibilities

You understand and agree that you are responsible for your conduct whilst using the Products and for any consequences arising from such use. You agree to use the Products only for purposes that are proper and in accordance with applicable laws, rules and regulations and all terms, precautions, practices, policies and guidelines we have made and may make available.

16. Our responsibility to you in respect of the Products

We are under a legal duty to supply products that are in conformity with our contract with you. This means that the Products we supply to you must be as described.
The buyer is advised to check any and all goods immediately on receipt or at the point of collection or delivery and raise any issues within 10 working days to: shop@iomttraces.com
Every item available in the auction consists of authentic pieces of racing memorabilia. Being original, they may exhibit imperfections or wear and tear.
This paragraph does not affect any rights you have under applicable law.

17. Our Responsibility to you Generally

We do our best to ensure that the features and functionalities of the Site and the Products are of a reasonably satisfactory standard and match any descriptions we have provided to you.
If we fail to comply with a contract between you and us, whether in respect of the Products or access to the Site, we will be responsible (save as set out in this paragraph 16) for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions or our negligence, but we will not be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if the loss or damage was an obvious consequence of our breach or if the loss or damage was contemplated by you and us at the time we entered into the contract.
Certain features of the Site may rely on networks and connections that are beyond our control. Some of the information provided to you on the Site may also contain content owned or developed by third parties. As we do not own or produce such third-party content, we cannot be responsible for it in any way.
We will do our best to ensure that the Site will always be available to you. However, due to the nature of the Internet and technology, the Site may be unavailable if we need to undertake any emergency or scheduled maintenance on our systems. This means that we are unable to promise that your use of the Site will be uninterrupted, without delays, error-free or meet your expectations. We will notify you of any planned outages; however, we may not be able to do this if any outages are caused by circumstances outside of our control. To the extent we are able to do so, we exclude any commitments that may be implied by law.
The maximum loss or damage we will be responsible for the Products is limited to the price you have paid us for the Product to which the loss or damage you suffer relates; however, we do not in any way exclude or limit our liability where it would be unlawful for us to do so, including for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation; or
- any breach of terms implied by law (including your right to receive products which are as described and match information we provided to you, are of satisfactory quality, fit for purpose and supplied with reasonable skill and care).
Our Products are supplied for domestic and private use only. We will not be responsible to you for any loss of profit, loss of business, business interruption or loss of business opportunity if you use the Products for any commercial, business or re-sale purpose.
This paragraph 17 does not affect your statutory rights.

18. Rules of Acceptable Use

In addition to the other requirements within these Terms and Conditions, this section describes specific rules that apply to your use of the Site (the "Rules of Acceptable Use").
When using the Site you must not:
- circumvent, disable or otherwise interfere with any security related features of the Site;
- use the Site for commercial purposes, or accept any payment or commission in relation to your use of the Site;
- give any false or misleading information, impersonate any person or permit any other person to use the Site under your name or on your behalf unless such person is authorised by you;
- use the Site if we have suspended or banned you from using it;
- advocate, promote or engage in any illegal or unlawful conduct, including any criminal activity, fraud or money laundering, or conduct that causes damage or injury to any person or property;
- promote or advertise any goods or services on the Site;
- modify, interfere, intercept, disrupt or hack the Site;
- misuse the Site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the Site or any equipment of another user of the Site;
- collect any data from the Site other than in accordance with these Terms and Conditions (including through any "scraping" of the Site); or
- use any automated system, including without limitation "robots", "spiders" or "offline readers" to access the Site in a manner that send more request messages to the Site than a human can reasonably produce in the same period of time.
Failure to comply with the Rules of Acceptable Use constitutes a serious breach of these Terms and Conditions, and may result in our taking all or any of the following actions (with or without notice):
- immediate, temporary or permanent withdrawal of your right to use the Site;
- issuing of a warning to you;
- legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
- disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
The responses described in paragraph 18.3 are not limited, and we may take any other action we reasonably deem appropriate.

19. Events Outside of our Control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations to you under a contract that is caused by events outside of our control including acts of god, fire, flood, severe weather, explosions, war (whether declared or not), acts of terrorism, industrial disputes (whether or not involving our employees), or acts of local or central Government or of any other competent authorities.

20. Resolving Disputes

If you have a dispute with us relating to our contract with you, in the first instance please contact us at shop@iomttraces.com and attempt to resolve the dispute with us informally.
In the unlikely event that we are not able to resolve the dispute informally, we will discuss with you the most effective way of resolving the dispute.

21. Documents that apply to our relationship with you

These Terms and Conditions set out the only terms and conditions that apply to our relationship with you.
We intend to rely on these Terms and Conditions as setting out the written terms of our agreement with you for the provision of the Products and your use of the Site.
Each of the paragraphs of these Terms and Conditions operates separately. If part of the Terms and Conditions cannot be enforced then the remainder of the Terms and Conditions will still apply to our relationship.
If you do not comply with these Terms and Conditions and we do not take action immediately, this does not mean we have given up any right we have and we may still take action in the future.

22. Updating These Terms and Conditions

We may modify or update these Terms and Conditions from time to time for reasons including:
- changes in how our business operates;
- changes in the legal or regulatory requirements that we must comply with;
- changes in how we accept payment from you;
- changes to our Site.
We will contact you to let you know about any significant changes to these Terms and Conditions or any documents referred to in these Terms and Conditions. We may contact you using the contact details you submitted to us when submitting your order.
Normally, we will try to give you some warning before any new terms become effective. However, sometimes, changes will need to be made immediately and if this happens we will not give you any notice.
The most up to date Terms and Conditions will always be found here.

23. Rights of Third Parties

Any contract made between you and us is only made between you and us. No third party will have any rights to enforce any of its terms.

24. Transfer of our Rights

We may transfer our rights and obligations under our contract with you to another organisation, and we will notify you if this happens. This will not affect your rights or our obligations under the contract.

25. Law and Jurisdiction

These Terms and Conditions are governed by English law and the English courts will have non-exclusive jurisdiction over any dispute arising from or related to the contract between you and us for the purchase of the Products or your use of the Site. This does not, however, affect your rights under the law of the country in which you are resident, including (where applicable) your right to have a dispute in relation to the Products or your use of the Site heard in the courts of that country.

26. Contacting You

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.

27. Contacting Us

If you have any queries about these terms, please contact us by sending an email to: shop@iomttraces.com - We’ll be here to help.

TT Originals Terms & Conditions

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