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Terms & Conditions

  1. THESE TERMS
    1. What these terms cover. These are the terms and conditions on which we supply services to you.
    2. Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
  2. INFORMATION ABOUT US AND HOW TO CONTACT US
    1. Who we are. We are Wil Arif a sole trader established in England and Wales.
    2. How to contact us. You can contact us by telephoning 07956 385785 or by writing to us at wilarifracing@gmail.com.
    3. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
    4. “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
  3. OUR CONTRACT WITH YOU
    1. How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
    2. If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the services. This might be because of unexpected limits on our resources which we could not reasonably plan for because we have identified an error in the price or description of the services or because we are unable to meet a delivery deadline you have specified.
  4. OUR SERVICES AND REQUIREMENTS
    1. Services/Vehicles may vary slightly from their pictures. The images of the services and vehicles on our website are for illustrative purposes only.
    2. Vehicle Hire. Where we are asked to supply a vehicle to you, please see clause 16 (Vehicle Hire-Terms).
    3. Vehicle Requirements. Where you are using your own vehicle this must conform to MOT minimum standards for road use (in the case of road cars) or MSA current safety and silencing regulations. It must be mechanically and bodily in good condition and suitable for use on the track including, but not limited to, seat-belts or harness. It is your responsibility to ensure your vehicle remains in this condition for the duration of the provision of our services.
    4. Equipment Requirements. All drivers and passengers must wear a suitable, correctly fitting crash helmet. If your vehicle (or the vehicle you hire) is an open top/soft top all persons in the vehicle must wear full face helmets. It is your responsibility to provide or arrange hire of a suitable helmet. These may be available from the racing circuit but supply/availability cannot be guaranteed.
  5. YOUR RIGHTS TO MAKE CHANGES
    If you wish to make a change to the service you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the services, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8- Your rights to end the contract).
  6. OUR RIGHTS TO MAKE CHANGES
    1. Minor changes to the services. We may change the services:
      1. to reflect changes in relevant laws and regulatory requirements;
      2. to ensure any safety requirements are met; and 6.1.3 to implement minor technical adjustments and improvements.
    2. More significant changes to the services and these terms. In addition, as we informed you in the description of the services on our website, we may make the following changes to these terms or the services, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any services paid for but not received:
      1. Any changes required by the owners of the track at which the services are to be carried out:
      2. Any changes required by the organiser of the track-day at which the services will be performed;
      3. Changes required by our insurers; and6.2.4 Changes required by any licensing authority to which we are a party or licensed by.
  7. PROVIDING THE SERVICES
    1. Delivery costs. The costs of delivery will be as displayed to you on our website.
      When we will provide the services. If the products are one-off services. We will begin the services on the date agreed with you during the order process.
    2. We are not responsible for delays outside our control. If our supply of the services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any services you have paid for but not received.
    3. What will happen if you do not give required information to us. We may need certain information from you so that we can supply the services to you, for example (but not limited to), details of:
      • your DVLA road licence;
      • your vehicle;
      • your height/weight;
      • your insurance
      We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
    4. Reasons we may suspend the supply of services to you. We may have to suspend the supply of the service to:
      1. deal with technical problems or make minor technical changes;
      2. update the product to reflect changes in relevant laws and regulatory requirements;
      3. make changes to the service as requested by you or notified by us to you (see clause 6).
    5. Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the services, unless the problem is urgent or an emergency.
    6. We may also suspend supply of the services if you do not pay. If you do not pay us for the services when you are supposed to (see clause 12.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the services. As well as suspending the services we can also charge you interest on your overdue payments (see clause 12.5).
  8. YOUR RIGHTS TO END THE CONTRACT
    1. You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
      1. If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the service re-performed or to get some or all of your money back), see clause 11;
      2. If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
      3. If you have just changed your mind about the service, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
      4. In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.6.
    2. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any services which have not been provided and you may also be entitled to compensation. The reasons are:
      1. we have told you about an upcoming change to the services or these terms which you do not agree to (see clause 6.2);
      2. we have told you about an error in the price or description of the services you have ordered and you do not wish to proceed;
      3. there is a risk that supply of the services may be significantly delayed because of events outside our control;
      4. we have suspended supply of the services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than [3] months; or
      5. you have a legal right to end the contract because of something we have done wrong.
    3. Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
    4. When you don’t have the right to change your mind. You do not have a right to change your mind in respect of services, once these have been completed, even if the cancellation period is still running.
    5. How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.
      1. Have you bought services? If so, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
    6. Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for services not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.

  9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
    1. Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
      1. Phone or email. Call customer services on 07956 385785 or email us at wilarifracing@gmail.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
      2. Online. Complete the form on our website.
      3. By post. Print off the form and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
    2. How we will refund you. We will refund you the price you paid for the services, by the method you used for payment. However, we may make deductions from the price. If you are exercising your right to change your mind we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
    3. When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.

  10. OUR RIGHTS TO END THE CONTRACT
    1. We may end the contract if you break it. We may end the contract at any time by writing to you if:
      1. you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
      2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services.
    2. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

  11. IF THERE IS A PROBLEM WITH THE SERVICES
    1. How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone us at 07956 385785 or write to us at wilarifracing@gmail.com.
    2. Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.

      Summary of your key legal rights

      This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

      If your product is services the Consumer Rights Act 2015 says: you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.

      if you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.

      if you haven’t agreed a time beforehand, it must be carried out within a reasonable time.

      See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).

  12. PRICE AND PAYMENT
    1. Where to find the price for the services. The price of the services (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order.
    2. We will pass on changes in the rate of VAT. If the rate of VAT (where applicable) changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
    3. What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the service’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the service’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid.
    4. When you must pay and how you must pay. We accept payment with Visa and Mastercard. When you must pay depends on what product you are buying you must make an advance payment of the total price of the services at the time of placing your order, before we start providing them.
    5. We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank Plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
    6. What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know and we will not charge you interest until we have resolved the issue.

  13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
    1. Motorsport is a dangerous activity and carries risks. Whilst accidents are rare it is entirely your choice to participate and you do so at your own risk (to both yourself and, if applicable, your vehicle).
    2. We do not provide insurance for you or, if applicable, your vehicle, which may be driven on a race circuit unless this has been arranged by you. Please ensure you check your own insurance policy as to whether this covers you for a track day. There are specialist insurance companies that cover non-competitive track day insurance. We do not offer any ability to obtain such insurance, this is your responsibility.
    3. In order to participate in an organised track day you will be required to sign the circuit owners and track day organisers indemnities. By submitting your order you are agreeing to the terms of our indemnity, completion of which is mandatory.
    4. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
    5. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services as summarised at clause 11.2 and for defective products under the Consumer Protection Act 1987.
    6. Motorsport is a dangerous activity and can result in injury or death. Whilst we take all reasonable precautions, accidents can happen. By submitting your order, you acknowledge this risk and confirm that you are fully aware of the nature of the activity and risks involved and will participate at your own risk.
    7. If we believe you (or anyone with you) is acting against the interests of safety or your or their behaviour is likely to cause damage, nuisance or injury we have the right to refuse to provide the services to you. In such circumstances, you will not be entitled to any refund.
    8. We are not, nor are any of our representatives, responsible for any loss, damage, cost, harm or injury to any persons or property (including, but not limited to, vehicles) caused or sustained by you as a result of your participation in a track day and/or the receipt of our Services, save for liability for death or personal injury caused by our negligence or fraudulent misrepresentation.
    9. We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

  14. HOW WE MAY USE YOUR PERSONAL INFORMATION
    1. How we will use your personal information. We will use the personal information you provide to us:
      1. to supply the services to you;
      2. to process your payment for the services; and
      3. if you agreed to this during the order process, to give you information about similar services that we provide, but you may stop receiving this at any time by contacting us.
    2. We will only give your personal information to third parties where the law either requires or allows us to do so.

  15. OTHER IMPORTANT TERMS
    1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
    2. You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
    3. Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
    4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
    6. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

  16. VEHICLE HIRE TERMS
    1. Where we provide use of a vehicle to you. You may hire one of our track prepared vehicles.
    2. Excess Damage. If you wish to hire one of our vehicles you must pay a damage excess liability in advance by way of prior credit card authorisation in the amount of [£1,500]. We will destroy such authorisation in the event no incident or damage arises.
    3. In the event of an incident and/or damage to the vehicles. You will be responsible for any losses we incur unless this is caused by our vehicles mechanical failure and not caused by any fault of yours. In the event of any incident/damage that renders our vehicle unusable no refund of the excess damage waiver will be given.
    4. Refusal of Hire. We reserve the right to refuse the use of or access to any of our vehicles to any person we deem not safe to drive or who is behaving in an inappropriate manner. In such an event you will not be entitled to any refund and the provisions of clauses 8 and 9 will not apply.
Wil Arif