TERMS & CONDITIONS

Welcome to the SMXOFFROAD website terms and conditions. These terms
& conditions apply to the use of this website at www.smxoffroad.com or www.smxoffroad.co.uk.
By accessing this website and/or placing an order, you are agreeing to our
Terms & Conditions. Using this website indicates that you accept these
terms regardless of whether or not you choose to register with us or order from
us. If you do not accept these terms, do not use this website. The www.smxoffroad.com
website is operated by: smxoffroad Ltd. We are VAT registered VAT No GB450385206.

Our contact details are as follows:

Email: smxoffroad@gmail.com

Returns Address: SMXOFFROAD LTD, UNIT 1 PENYLAN COTTAGES,PONTYPOOL, NP4 7SA

TERMS &
CONDITIONS:

1.
INTRODUCTION

1.1 You will be able to access all
areas of this Website without registering your details with us.

1.2 We may revise these Terms and
Conditions at any time by updating this page. You should check this Website
from time to time to review the current Terms and Conditions. Certain
provisions of these Terms and Conditions may be superseded by expressly designated
legal notices or terms located on particular pages of this Website. If you do
not wish to accept any new terms and conditions after we have given notice, you
should not continue to use this website.

2. ORDERING FROM US

2.1 You are deemed to place an order
with us by ordering via our online checkout process. As part of our checkout
process, you will be given the opportunity to check your order and to correct
any errors. We will send you an order acknowledgement, detailing the products
you have ordered. Once orders are placed, we are unable to make any changes.

2.2 Our acceptance of an order takes
place when we dispatch the order. We will send you a dispatch confirmation by
email. When we dispatch the order the purchase contract will be made even if
your payment has been processed immediately unless we have notified you that we
do not accept your order or you have cancelled your order.

2.3 We reserve the right to refuse
or accept an order:

[a] where goods are not available;

[b] where we cannot obtain
authorisation for your payment;

[c] if there has been a pricing or
product description error; or

[d] if you are from an international
country and have/will not checkout via PayPal.

[e] if you do not meet any
eligibility criteria set out in our Terms and Conditions.

2.4 Sending Hazardous or Prohibited
Goods; Due to health & safety regulations we are unable to send certain
items outside of the UK, these items include; Aerosols, Oils & Lubricants
and Bike Cleaner. If you have any questions regarding this please contact us.

2.5 Sending Heavy Items; Some of our
products with excess weight such as Tyres and Bike Stands etc may be liable to
an additional postal charge, or in some cases are unable to be sent. This
however normally only applies to orders outside of the UK.

2.6 Informing us of Missing Parcels;
to enable us to investigate or raise a claim for a damaged or missing parcel,
you must inform us within 14 days of the dispatch notification email we send
you at the time of this parcel being dispatched.

2.7 Gift Vouchers; our gift vouchers
are non-refundable. Vouchers are non-transferable and cannot be exchanged for
cash. Lost or stolen vouchers. Lost, stolen or destroyed gift vouchers will not
be exchanged or refunded.

3. PRE-ORDERING INFO

3.1 What is a pre-order? - It's a
way to reserve our hottest new products before their initial release.

3.2 When will my pre-order be
shipped? - The pre-ordered item will be shipped on its release date. All other
items will be processed for immediate shipment, depending on availability. So
if you ordered other items along with the pre-ordered item, you will most
likely get the other items first.

3.3 When will I be charged for my
pre-order? - We will take your payment at the time you place your order - just
as a regular transaction. You will then be notified when your order is
dispatched.

3.4 What do you mean by the
"expected" release date? - We can't always predict the exact date a
pre-ordered item will become available. We will ship your pre-order as soon as
possible, but we can't guarantee a specific date. If the date changes or for
unforeseen circumstances the product becomes unavailable, we will alert you by
email.

3.5 Can I cancel a pre-order? - You
can cancel a pre-order at any time prior to when your order is dispatched.

3.6 Pre-Order item prices are
subject to change although we try our very best to forecast the most accurate
prices of these items and will contact you if the rare instance there is a
change.

4. PRICING

4.1 Our prices include VAT - Our VAT
Number is GB092520717000.

4.2 Where we charge separately for
packing, carriage and insurance and other relevant charges, the appropriate
rates are set out in our specified pricing structure shown elsewhere on this
website.

4.3 Our prices are reviewed monthly.

4.4 All orders placed on our site
are in Pound Sterling (£GBP).

5. STOCK & AVAILABILITY

5.1 At the time of placing your
order with us our stock status may be subject to change due to the syncing of
our various warehouse databases. We do try to ensure that we have the most up
to date and accurate stock system possible but there may be slight differences
in the system which is unavoidable (due to out of hour/bulk orders which may
consume higher levels of stock etc.).

6. RETURNS POLICY

We at Smxoffroad accept returns
on the basis that the item/s are either incorrectly supplied or in un-used and in the original re-saleable
condition. All packaging and/or cellophane wrapping and tamper-resistant seals
must be intact. Due to health and hygiene reasons, we are unable to accept
returned underwear garments. Return of goods is the responsibility of the
customer, for this reason, we suggest an insured method of return such as MyHermes or Parcel2Go. Return
postage costs cannot be covered by Smxoffroad unless we are notified of damaged
or faulty goods upon receipt, however, we will only cover your return postage
costs up to the value of £10.00. If you choose to add specialist services that
will add charges to your return cost (such as Special Delivery or Time
Specified Delivery) this will be at your choice and covered by you (above the
agreed £10 threshold). You must inform us of your intent to return your item/s
by phone or email within 30 days of receiving your order. If you inform us
within this "cooling off" period you will receive a full refund.

Please note: Returns are not accepted on
special order (bike-specific) products which also include tyres. When returning
an item/s, please complete the Returns Form enclosed with your delivery, or
enclose a covering letter detailing your name, contact phone number, invoice
number and reason for return.

7. LICENCE

7.1 You are permitted to print and
download extracts from this Website for your own use on the following basis:

[a] no documents or related graphics
on this Website are modified in any way;

[b] no graphics on this Website are
used separately from accompanying text; and

[c] any of our copyright and
trademark notices and this permission notice appear in all copies. 

7.2 Unless otherwise stated, the
copyright and other intellectual property rights in all material on this
Website (including without limitation photographs and graphical images) are
owned by us or our licensors. For the purposes of these Terms and Conditions,
any use of extracts from this Website other than in accordance with clause 7.1
above for any purpose is prohibited. If you breach any of the terms in these
Terms and Conditions, your permission to use this Website automatically
terminates and you must immediately destroy any downloaded or printed extracts
from this Website.

7.3 Subject to clause 7.1, no part
of this Website may be reproduced or stored in any other website or included in
any public or private electronic retrieval system or service without our prior
written permission to do so.

7.4 Any rights not expressly granted
in these terms are reserved.

8. SERVICE ACCESS

8.1 While we endeavour to ensure
that this Website is normally available 24 hours a day, we will not be liable
if for any reason this Website is unavailable at any time or for any period.

8.2 Access to this Website may be
suspended temporarily and without notice in the case of system failure,
maintenance or repair or for reasons beyond our control.

9. VISITOR MATERIAL & CONDUCT

9.1 Other than personally
identifiable information, which is covered under the Privacy Policy, any
material you transmit or post to this Website will be considered
non-confidential and non-proprietary. We will have no obligations with respect
to such material. We and our nominees will be free to copy, disclose,
distribute, incorporate and otherwise use such material and all data, images,
sounds, text and other things embodied therein for any and all commercial or
non-commercial purposes.

9.2 You are prohibited from posting
or transmitting to or from this Website any material:

[a] that is threatening, defamatory,
obscene, indecent, seditious, offensive, pornographic, abusive, liable to
incite racial hatred, discriminatory, menacing, scandalous, inflammatory,
blasphemous, in breach of confidence, in breach of privacy or which may cause
annoyance or inconvenience;

[b] for which you have not obtained
all necessary licences and/or approvals;

[c] which constitutes or encourages
conduct that would be considered a criminal offence, give rise to civil
liability, or otherwise be contrary to the law of or infringe the rights of any
third party, in the UK or any other country in the world; or

[d] which is technically harmful
(including, without limitation, computer viruses, logic bombs, Trojan horses,
worms, harmful components, corrupted data or other malicious software or
harmful data).

9.3 You may not misuse the Website
(including, without limitation, by hacking).

9.4 We will fully co-operate with
any law enforcement authorities or court order requesting or directing us to
disclose the identity or locate anyone posting any material in breach of
clauses 9.2 or 9.3.

10. LINKS TO AND FROM OTHER WEBSITES

10.1 Links to third party websites on
this Website are provided solely for your convenience. If you use these links,
you leave this Website. We have not reviewed all of these third-party websites
and do not control and are not responsible for these websites or their content
or availability. We, therefore, do not endorse or make any representations
about them, any material found there, or any results that may be obtained from
using them. If you decide to access any of the third-party websites linked to
this Website, you do so entirely at your own risk.

10.2 If you would like to link to
this Website, you may only do so on the basis that you link to, but do not
replicate, the home page of this Website, and subject to the following
conditions:

[a] you do not remove, distort or
otherwise alter the size or appearance of the Smxoffroad logo;

[b] you do not create a frame or any
other browser or border environment around this Website;

[c] you do not in any way imply that
we are endorsing any products or services other than our own;

[d] you do not misrepresent your
relationship with us nor present any other false information about us;

[e] you do not otherwise use any Smxoffroad
trademarks displayed on this Website without our express written permission;

[f] you do not link from a website
that is not owned by you; and

[g] our website does not contain
content that is distasteful, offensive or controversial, infringes any
intellectual property rights or other rights of any other person or otherwise
does not comply with all applicable laws and regulations. We expressly reserve
the right to revoke the right granted in this clause 10.2 for breach of these
terms and to take any action we deem appropriate.

10.3 You shall fully indemnify us for
any loss or damage we or any of our group companies may suffer or incur as a
result of your breach of clause 10.2.

11. DISCLAIMER

11.1 Whilst we endeavour to ensure
that the information on this Website is correct, we do not warrant the accuracy
and completeness of the material on this Website. We may make changes to the
material on this Website, or to the products and prices described on it, at any
time without notice.

12. LIABILITY

12.1 We, any other party (whether or
not involved in creating, producing, maintaining or delivering this Website),
and any of our group companies and the officers, directors, employees,
shareholders or agents of any of them, exclude all liability and responsibility
for any amount or kind of loss or damage that may result to you or a third
party (including without limitation, any direct, indirect, punitive or
consequential loss or damages, or any loss of income, profits, goodwill, data,
contracts, use of money, or loss or damages arising from or connected in any
way to business interruption, and whether in tort (including without limitation
negligence), contract or otherwise) in connection with this Website in any way
or in connection with the use, inability to use or the results of use of this
Website, any websites linked to this Website or the material on such websites,
including but not limited to loss or damage due to viruses that may infect your
computer equipment, software, data or other property on account of your access
to, use of, or browsing this Website or your downloading of any material from
this Website or any websites linked to this Website.

12.2 Nothing in these Terms and
Conditions shall exclude or limit our liability for (i) death or personal
injury caused by negligence (as such term is defined by the Unfair Contract
Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter;
or (iv) any liability which cannot be excluded or limited under applicable law.

12.3 Product descriptions are as
supplied by the manufacturers; Smxoffroad LTD takes no responsibility for their
accuracy or content.

12.4 If your use of material on this
Website results in the need for servicing, repair or correction of equipment,
software or data, you assume all costs thereof.

12.5 You agree to indemnify us fully,
defend and hold us, and our officers, directors, employees and agents, harmless
from and against all claims, liability, damages, losses, costs (including
reasonable legal fees) arising out of any breach of the Terms and Conditions by
you, or your use of this Website, or the use by any other person using your
registration details.

13. GOVERNING LAW & JURISDICTION

13.1 These Terms and Conditions shall
be governed by and construed in accordance with English law. Disputes arising
in connection with these Terms and Conditions shall be subject to the exclusive
jurisdiction of the English courts.

13.2 We do not warrant that
materials/items for sale on the Website are appropriate or available for use
outside the United Kingdom. It is prohibited to access the Website from
territories where its contents are illegal or unlawful. If you access this
Website from locations outside the United Kingdom, you do so at your own risk
and you are responsible for compliance with local laws.

14. Miscellaneous...

14.1 You may not assign, sub-licence
or otherwise transfer any of your rights under these Terms and Conditions.

14.2 If any provision of these Terms
and Conditions is found by any court of competent jurisdiction to be invalid,
the invalidity of that provision will not affect the validity of the remaining
provisions which shall continue to have full force and effect.

14.3 Only the parties to these Terms
and Conditions may seek to enforce them under the Contracts (Rights of Third
Parties) Act 1999.