Terms & Conditions of Sale
Welcome to the BDH Race Sim Hardware website, available at https://bdhracesim.com/ (the "Website").
These Terms and Conditions ("Terms") apply to any order you place through our Website. They form a legally binding agreement between you, the customer ("you", "your"), and us, BDH RACE SIM HARDWARE LTD ("we", "us", "our").
By accessing this Website and/or placing an order, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to all of these Terms, you must not use or access this Website or place an order.
Please read these Terms carefully before you submit your order to us. We recommend that you print or save a copy of these Terms for your future reference.
1. Information About Us and How to Contact Us
This Website is operated by BDH RACE SIM HARDWARE LTD. We are a private limited company registered in England and Wales. Our company registration number is 14563225 and our registered office is at 50 The Village, Stockton On The Forest, York, North Yorkshire, United Kingdom, YO32 9UQ.
The registered office address is for formal legal correspondence only. For all other communications, including returns, please use our main trading address. The inclusion of both addresses is necessary to comply with legal disclosure requirements and to ensure operational clarity for customers sending returns.
- Full Legal Name: BDH RACE SIM HARDWARE LTD
- Company Registration Number: 14563225
- Country of Registration: England and Wales
- Registered Office Address: 50 The Village, Stockton On The Forest, York, North Yorkshire, United Kingdom, YO32 9UQ
- Main Trading and Returns Address: Unit 2, Helmsley Way, Broadhelm Business Park, Pocklington, York. YO42 1AE
- VAT Registration Number: 436 2015 27
- Contact Email: For all enquiries, including questions about these Terms, please email us at info@bdhracesim.com Copied . You can also contact us via the contact form on our Website.
The requirement to display this information, including the full company name, registration number, registered address, and VAT number, is mandated by UK law, including The Companies Act 2006 and The Electronic Commerce (EC Directive) Regulations 2002. This transparency is essential for legal compliance and for building trust and credibility with you, our customer.
2. The Contract Between You and Us
The process of forming a legally binding contract between you and us is as follows:
- Placing Your Order (Your Offer): When you complete the checkout process on our Website and click the "Pay Now" or equivalent button, you are making a formal offer to purchase the products in your basket in accordance with these Terms.
- Order Acknowledgement: After you place an order, you will receive an automated email from us acknowledging that we have received it. Please note that this email is an acknowledgement only and does not mean that your order has been accepted.
- Our Acceptance (Contract Formation): Our acceptance of your order, and the formation of a legally binding contract between you and us, will take place only when we send you a separate email confirming that the products have been dispatched (the "Dispatch Confirmation").
This two-step confirmation process is a standard and robust practice in UK e-commerce law. It gives us the opportunity to reject an order before a contract is formed, for reasons such as a product being out of stock, an inability to obtain authorisation for your payment, or a pricing or description error on the Website. This provides legal certainty and protects both parties.
By placing an order, you confirm that you are at least 18 years old and are legally capable of entering into a binding contract.
3. Our Products
We take all reasonable care to ensure that the descriptions, specifications, and images of our products on the Website are accurate and detailed. However, they are intended to provide a general representation of the products.
- Visual Representation: The images of the products on our Website are for illustrative purposes only. Although we have made every effort to display the colours and finishes accurately, we cannot guarantee that a device's display will perfectly reflect the colour of the products. Your product may vary slightly from those images.
- Product Modifications: As we are committed to continuous improvement, we reserve the right to amend the specifications of products or to discontinue any product line at any time without prior notice. Such changes will not affect any order for which you have already received a Dispatch Confirmation.
4. Pricing, Payment, and Taxes
- For UK Customers: For orders delivered within the United Kingdom, the prices displayed are inclusive of Value Added Tax (VAT) at the current applicable rate.
- For International Customers: For orders delivered outside of the United Kingdom, the prices displayed are exclusive of UK VAT. Please see the "International Orders and Taxes" clause below for more information on import duties and local taxes.
- Delivery Costs: The prices shown for products do not include delivery charges. Our available delivery options and their associated costs will be calculated and clearly displayed during the checkout process before you confirm your order.
- Price Changes: Product prices and delivery charges are subject to change at any time. However, such changes will not affect any order for which you have already received a Dispatch Confirmation.
- Pricing Errors: We make every effort to ensure prices are accurate. However, it is always possible that, despite our reasonable efforts, some products may be incorrectly priced. If we discover an error in the price of a product you have ordered, we will contact you to inform you of this error. We will give you the option of continuing to purchase the product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the products to you at the incorrect (lower) price.
- Payment Methods: We accept payment through Shopify Payments and PayPal. The accepted card types include Visa, Mastercard, American Express, Discover, Diners Club, Maestro, and UnionPay. We also accept payments via Apple Pay, Google Pay, Bancontact, iDEAL, Shop Pay, and Klarna.
- Payment Processing: Payment for your order, including all applicable delivery charges, will be debited from your chosen payment method at the time of, or shortly after, you place your order.
- International Orders and Taxes: For customers ordering from outside the United Kingdom, please be aware that the prices you pay to us are exclusive of any local import duties, taxes, or customs clearance fees. You, as the importer of record, are solely responsible for the payment of any such charges levied by the destination country. We have no control over these charges and cannot predict their amount. We recommend you contact your local customs office for further information before placing your order.
5. Ordering and Delivery
- Delivery Estimates: We will provide you with an estimated delivery date with the Dispatch Confirmation. Please note that all delivery dates and times are estimates only and are not guaranteed. We shall not be liable for any delays in delivery caused by events outside our reasonable control or by the courier.
- Responsibility for the Goods (Risk): The products will become your responsibility from the time you (or a third party nominated by you, other than the carrier) acquire physical possession of the goods. This is a requirement under UK consumer law. The clause in some generic terms stating that risk passes when the item is given to the courier is not applicable to consumer sales in the UK. The Consumer Rights Act 2015 makes it clear that the retailer is responsible for the goods until they are safely in your hands.
- Ownership of the Goods (Title): Ownership of the products will only pass to you once we have received payment in full for all sums due in respect of the products, including all applicable delivery charges.
- International Delivery: If you order products for delivery to an international destination, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. As noted in Section 4, you are responsible for payment of these charges. You must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable or responsible if you break any such law.
6. Your Right to Cancel ("Change of Mind")
This section outlines your legal right to cancel your order under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, which apply to sales made at a distance (e.g., online).
- The Right to Cancel: You have the right to cancel your contract with us within 14 days without giving any reason.
- Cancellation Period: The cancellation period will expire 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. If your order consists of multiple items delivered on different days, the cancellation period runs from the day you receive the last of the items.
- How to Exercise Your Right to Cancel: To cancel your order, you must inform us of your decision by a clear statement. You can do this by sending an email to info@bdhracesim.com Copied or by using the contact form on our Website. To help us process your request quickly, please include your name and order number. You may use the Model Cancellation Form provided at the end of these Terms, but it is not obligatory.
- Returning the Goods: If you cancel this contract, you must send back the goods to our trading address (Unit 2, Helmsley Way, Broadhelm Business Park, Pocklington, York. YO42 1AE) without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation to us. The deadline is met if you dispatch the goods before the 14-day period has expired.
- Cost of Return: For a "change of mind" cancellation, you will be responsible for bearing the direct cost of returning the goods. We strongly recommend using a tracked and insured delivery service, as we cannot be held responsible for items lost or damaged in transit back to us.
- Condition of Returned Items and Your Right to a Full Refund: To be eligible for a full refund, items must be returned in an 'as new,' saleable condition. This means the item must be unused, free from signs of wear, in its complete and undamaged original packaging, and with all accessories, manuals, and parts included.
- Deductions for Diminished Value: You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods. We understand you may need to inspect your product upon receipt. However, the installation or mounting of the product to a sim rig, or any use beyond what would reasonably be possible to inspect the item in a physical shop, may be considered use that diminishes its value. In such cases where an item is returned with signs of use (such as scratches or marks from bolts), we reserve the right to make a reasonable deduction from your refund to reflect its reduced resale value.
- Refund Process: We will process your refund without undue delay, and not later than 14 days after the day we receive the returned goods from you. We will refund the price you paid for the product(s) plus the cost of our standard outbound delivery service. If you choose a more expensive, expedited delivery option, we will only refund the cost of our standard delivery. We will make the refund using the same means of payment you used for the initial transaction, unless you have expressly agreed otherwise.
7. Your Statutory Rights for Faulty Goods
Nothing in these Terms will affect your key legal rights. This section summarises your rights under the Consumer Rights Act 2015, which provides a comprehensive framework of protection when goods are faulty. For detailed information, you can always visit the Citizens Advice website at www.citizensadvice.org.uk or call their consumer helpline.
Under the Consumer Rights Act 2015, the goods we supply must be:
- Of Satisfactory Quality: Goods should meet the standard that a reasonable person would consider satisfactory, taking account of any description, the price, and all other relevant circumstances. Quality includes aspects like appearance and finish, freedom from minor defects, safety, and durability.
- Fit for a Particular Purpose: The goods should be fit for the purpose they are generally supplied for, and also fit for any specific purpose that you made known to us before you agreed to the contract.
- As Described: The goods supplied must match any description, sample, or model that was shown to you at the time of purchase.
If your goods do not meet these standards, you have a tiered system of remedies available to you.
- Tier 1: 0-30 Days -- The Short-Term Right to Reject: If your goods are faulty, you have the right to reject them and claim a full refund within 30 days of taking ownership. This is known as the "short-term right to reject".
- Tier 2: After 30 Days -- Repair or Replacement: If a fault is discovered after 30 days but within six months of ownership, you must give us one opportunity to either repair or replace the faulty item. You can state your preference, but we can choose the alternative if your choice is impossible or disproportionately expensive. During these first six months, any fault is presumed to have been present at the time of purchase unless we can prove otherwise.
- Tier 3: After an Unsuccessful Repair/Replacement -- The Final Right to Reject: If our one attempt at a repair or replacement is unsuccessful, or if it is not possible, you are then entitled to a price reduction or a final right to reject the goods and claim a refund. If you exercise your final right to reject after six months, any refund may be subject to a deduction for the use you have had of the goods.
How to Report a Fault: If you believe your product is faulty, please contact us immediately at info@bdhracesim.com Copied ,providing your order number and a detailed description of the issue. If the goods are confirmed to be faulty, we will cover the reasonable costs of return postage.
8. Our Lifetime Warranty
The benefits of our BDH Race Sim Hardware Lifetime Warranty are offered in addition to, and do not affect, your legal rights as a consumer under the Consumer Rights Act 2015. This warranty is a separate, contractual promise from us to you, providing extra protection. It is crucial to understand that a commercial warranty cannot replace or diminish your statutory rights; it can only enhance them.
Coverage: BDH guarantees your product against defects in materials or workmanship for the lifetime of the original purchaser, under normal use. This warranty is non-transferable and applies only to products purchased directly from BDH or authorised retailers.
What's Not Covered: This warranty does not cover:
- Damage resulting from improper use, abuse, neglect, accidents, or unauthorized modifications.
- Repairs or alterations carried out by anyone other than an authorised BDH workshop. Any such action will void the warranty immediately.
- Cosmetic damage, including but not limited to scratches, dents, and fading.
- Damage from extreme applications, such as commercial misuse or exposure to harsh conditions beyond the product's specified limits.
- The costs of shipping and any associated taxes for sending the product to and from our workshop. These costs are the customer's responsibility.
Claim Requirements: To make a claim under this warranty, you must provide:
- A valid proof of purchase (e.g., a receipt or invoice).
- The product must be sent to us for evaluation to confirm that the defect is eligible for warranty coverage.
- If a claim is deemed ineligible, the product will be returned to the customer at their expense.
Our Discretion: Under this warranty, we reserve the right to repair the product, replace it with an equivalent product, or offer a refund, at our sole discretion. This warranty does not cover any incidental or consequential damages.
Contact for Warranty Claims: For all warranty enquiries, please contact our support team at info@bdhracesim.com Copied .
9. Limitation of Our Liability
This section outlines the extent of our financial responsibility to you.
Liability That Cannot Be Excluded by Law: Nothing
in these Terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence
of our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979
or section 2 of the Supply of Goods and Services Act 1982 (title and quiet
possession);
(d) breach of the terms implied by the Consumer Rights Act 2015; or
(e) any matter in respect of which it would be unlawful for us to exclude
or restrict liability.
This clause is a mandatory requirement under UK law, including the Unfair
Contract Terms Act 1977 and the Consumer Rights Act 2015, and ensures that
your most fundamental protections are preserved.
Foreseeable Loss and Damage: 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. 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. We are not responsible for any loss or damage that is not foreseeable.
Exclusion of Business Losses: We supply our products for domestic and private use only. You agree not to use the product for any commercial, business, or resale purposes. Accordingly, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Cap on Liability: Subject to the clauses above regarding liability that cannot be excluded, our total liability to you in respect of all other losses arising under or in connection with the contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the total price of the products you have purchased under the relevant order.
10. Intellectual Property
All intellectual property rights in and to our products, this Website, and its content (including but not limited to all text, graphics, logos, images, and software) are owned by or licensed to BDH RACE SIM HARDWARE LTD. These rights are protected by copyright, trademark, and other intellectual property laws around the world. All such rights are reserved.
You are permitted to use this Website for your own personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any of the material on our Website without our prior written consent.
"BDH Race Sim Hardware", "BDH Race Sims", and our logos are trademarks belonging to us. You must not use such marks without our prior written permission.
11. General Legal Provisions
- Events Outside Our Control (Force Majeure): We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an event outside our reasonable control. This includes any act, event, non-happening, omission or accident beyond our reasonable control.
- Privacy: We will only use your personal information as set out in our Privacy Policy https://bdhracesim.com/privacy-policy. Our Privacy Policy explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.
- Severability: Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, void, or unenforceable, the remaining paragraphs will remain in full force and effect.
- Waiver: 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.
- Entire Agreement: These Terms, and any document expressly referred to in them, constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
- Changes to These Terms: We reserve the right to amend these Terms from time to time. The Terms in force at the time you place your order will apply to the contract between you and us. We recommend you check this page periodically to ensure you are aware of the current Terms.
- Governing Law and Jurisdiction: These Terms, their subject matter and their formation, are governed by the law of England and Wales. You and we both agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this contract.