Website Terms and Conditions of Sale
('www.drivingservices.org.uk') means This Website published on the World Wide Web of the Internet.
'Conditions' means these terms and conditions for this Website’s Sale of Services.
'Contract' means the contract for the purchase and sale of the Services as constituted and evidenced by the Customer's Order and the Order Confirmation; 'Customer' means the person whose offer for the Services is accepted by this Website.
'Customer's Order' means an order from the Customer submitted through this Website by completion of the staged ordering process set out therein through submission of forms.
'Force Majeure' means any Act of God, explosion, flood, tempest, lightning strike, fire, accident, war or threat of war, sabotage, insurrection, civil disturbance or requisition, acts, restrictions, regulations, bye laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority, strikes, lock outs or other industrial actions or trade disputes (whether involving employees of this Website or of a third-party), difficulties in obtaining access to relevant information required to facilitate Services;
'Writing' includes electronic mail, telex, cable, facsimile transmission, and comparable means of communication.
2. BASIS OF THE SALE
2.1 This Website sells, and the Customer shall purchase the Services in accordance with the Customer's Order and Order Confirmation, subject to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions subject to which any such offer is made or purported to be made by the Customer.
2.2 The Customer acknowledges that the website text, price lists, lists of items for sale or other sales literature published on this Website constitute an invitation to treat and may not be construed by the Customer as any offer by or binding obligation upon this Website to sell any item to the Customer.
2.3 No variation to these Conditions shall be binding unless agreed in Writing between authorised representatives of the Customer and this Website.
2.4 Employees or agents are not authorised to make any representations concerning the Services unless confirmed by this Website in Writing. In entering into the Contract, the Customer acknowledges that it does not rely on any such representations which are not so confirmed.
2.5 Any advice or recommendation given by this Website or its employees or agents to the Customer or its employees or agents as to the storage, application or use of the Services which is not confirmed in Writing is followed or acted upon entirely at the Customer's own risk, and accordingly this Website shall not be liable for any such advice or recommendation which is not so confirmed.
2.6 Whilst every effort is made to ensure no such error or omission occurs, any typographical, clerical, or other error or omission in any sales literature, price list, website text, acceptance of offer, invoice or other document or information issued by this Website shall be subject to correction without any liability on the part of this Website.
3. OFFERS AND SPECIFICATIONS
3.1 The Customer's Order shall not be deemed to be accepted by This Website unless and until the Order Confirmation has been issued to the Customer.
3.2 The Customer shall be responsible to This Website for ensuring the accuracy of the terms of the Customer's Order submitted by the Customer, and for giving This Website any necessary information relating to the Services within a sufficient time to enable This Website to perform the Contract in accordance with its terms.
This Website shall incur no liability resulting from inaccurate information being supplied by the Customer.
3.3 The quantity, quality, and description of and any specification for the Goods shall be those set out in the Order Confirmation.
3.4 This Website reserves the right to change the Services or any relative specifications (whether such specifications have been submitted by the Customer in the Customer's order or otherwise) and designs at any time, without notice, as a result of changes in the law or at the sole discretion of This Website.
3.5 Subject to Clause 8.1, the Customer's Order may not be cancelled by the Customer after the Order Confirmation has been issued except with the agreement in Writing of This Website and on terms that the Customer shall indemnify This Website in full against all loss (including loss of profit), costs (including the cost of Services provision), damages, charges and expenses incurred by This Website as a result of cancellation by the Customer of the Customer's order.
4. PRICE OF THE GOODS
4.1 The price of the Goods shall be the price specified by This Website in the Order Confirmation, or, where no price is quoted in the Order Confirmation, the price listed in This Website price list or website text current at the date and time of the Order Confirmation.
4.2 This Website reserves the right, by giving notice to the Customer at any time before issuing of the Order Confirmation, to increase the price of the Goods to reflect:-
4.2.1 Any increase in the cost to This Website which is due to any factor beyond the control of This Website (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of Services provision),
4.2.2 Any change in delivery dates, quantities or specifications for the Goods which is requested by the Customer, or
4.2.3 Any delay caused by any instructions of the Customer or failure of the Customer to give This Website adequate information or instructions.
4.3 The price of the Goods shall be inclusive of any applicable taxes.
5. TERMS OF PAYMENT
5.1 Subject to any special terms agreed in Writing between the Customer and This Website we shall be entitled to payment in full for the price of the Goods on the date of the Customer's Order.
This Website shall debit the Customer's payment method with a PENDING PAYMENT CHARGE which is only debited from customer bank on completion of service as acknowledged in an e mail to the customer ofa unique tracking code and portal enabling the customer totrack the progress.
IF THE SERVICE IS NOT COMPLETED the pending charge is cancelled. For both events the customer is e mailed information of the service outcome. This Website cannot be responsible for delays on processing time taken to deliver new licence. The tracking code and portal provided must be used by the customer to satisfy any queries on expected time for delivery.
5.2 The Customer shall be obliged to pay the price of the Service on the date of the Customer's Order. This Website shall be entitled to recover the price of the Service, notwithstanding that delivery may not have taken place and the property in the Service has not passed to the Customer. The time of payment of the price shall be of the essence of the Contract. The completion of the service as demonstrated by unique tracking code emailed to customer.
5.3 If the Customer fails to make any payment by the relevant due date or if payment is declined or not authorised by the issuer of the Customer's payment card when processed by This Website then, without prejudice to any other right or remedy availableThis Website shall be entitled to:
5.3.1 Cancel the Contract or suspend any further Service to the Customer
5.3.2 Appropriate any payment made by the Customer to such of the Services (or the Services supplied under any other contract between the Customer and this Website) as This Website may think fit (notwithstanding any purported appropriation by the Customer).
6.1 Delivery of the Service shall be made by This Website confirming the unique reference which enables customer of This Website to track the progress of the Service.
6.2 Should the Service not be successful This Website will advise the Customer by e mail of the Service failing and confirm that the payment given to secure the Service has been cancelled.
6.3 Any dates quoted for delivery of the Service are approximate only and not guaranteed, This Website shall not be liable for any delay in delivery and/or Completion of the Service howsoever caused. Time for delivery of the successful Service shall not be of the essence of the Contract.
6.4 If the Customer fails to take delivery of the Service or fails to give This Website adequate delivery instructions (email address) in the Customer's Order then, without prejudice This Website is no longer liable for the service and will cancel the pending payment charge.
7. RISK AND PROPERTY
7.1 Risk of damage to or loss of the Service shall pass to the Customer:
7.1.1 Immediately on successful completion of Service as described by unique tracking code communication and the passing of risk in the Service, or any other provision of these Conditions, the title to and in the Service becomes the responsibility of the Customer.
8.1 Under the Consumer Rights Act 2015 you have the right to cancel your order within 14 days of receiving Services purchased from this Website. However, as the Service You request is completed within 14 days you acknowledge and consent that by requesting This Website processing services that You waive Your right to cancel within the statutory 14-day period. Should you need to contact us you can send us an e mail to email@example.com
You waive your right to transferring ownership or introducing any third party to represent your transaction.
9.1 This Website shall be under no liability in respect of any defect in the Service arising from any inaccuracy in the Customer's Order. This Website shall have no liability for errors in any Customer's Order and any loss (or otherwise) that may arise therefrom.
9.2 Any claim by the Customer which is based on any defect in the quality or condition or accuracy of the Goods from this Service or their failure to correspond with specification shall be the responsibility of the Customer for wrong information.
9.3 In the event of a failure of the Goods physical delivery, the responsibility passes to the customer on This Websiteemailing the unique tracking code. The customer must use this and the provided portal to track and if necessary communicate any errors.
9.4 Except in respect of death or personal injury caused by This Website negligence, This Website shall not be liable to the Customer by reason of any representation or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of This Website, its employees or agents or otherwise) which arise out of or in connection with the supply of the Service.The entire liability of This Website under or in connection with the Contract shall not exceed the price of the Goods, except as expressly provided in these Conditions.
9.5 This Website shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Service, which includes if the delay or failure was due to any Force Majeure or other cause beyond This Website reasonable control.
10.1 This Website may perform any of its obligations or exercise any of its rights hereunder by itself or where applicable through any other persons (legal or otherwise) or entities.
10.2 No waiver by This Website of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.
10.3 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.
10.4 The Contract and these Conditions shall constitute the entire agreement between the Customer and This Website in respect of the supply of the Services and shall supersede all previous oral or written representations or agreements relating thereto. In particular, the Customer may not rely on any statements made by any employee, representative or agent of This Website.
10.5 This Website may assign the Contract with the Customer or sub-contract the whole, or any part thereof to any other person (legal or otherwise) or entity. Unless otherwise agreed in Writing, the Customer may not assign either the benefit or the burden of any contract with This Website.