Terms of service
1. What these terms cover.
1.1 - These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content. By purchasing any of our products you agree to these terms.
1.2 - 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 products 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 that they require any changes, please contact us to discuss.
2. Information about us and how to contact us
2.1 - Cool Performance Limited (company number 10989255) (we and us) is a company registered in England and Wales and our registered office is at New Farm Offices, Hartlake, Glastonbury, Somerset, United Kingdom, BA6 9AB. We operate the website www.coolperformance.com
2.2 - To contact us e-mail firstname.lastname@example.org
2.3 - If we need 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. When we use the words "writing" or "written" in these terms, this includes emails.
3. Our contract with you
3.1 - 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.
3.2 - If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, 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 product or because we are unable to meet a delivery deadline you have specified.
3.3 - Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4. Our products
4.1 - Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4.2 - Product packaging may vary. The packaging of the product may vary from that shown in the images on our website.
5. Your rights to make changes
If you wish to make a change to the product 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 product, 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
6.1 - Minor changes to the products. We may change the product:
6.1.1 - To reflect changes in relevant laws and regulatory requirements; and
6.1.2 - To implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.
6.2 - More significant changes to the products and these terms. In addition, we may make more significant changes to these terms or the product, 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 products paid for but not received.
7. Providing the products
7.1 - Delivery costs. The costs of delivery will be as displayed to you on our website or email should it be a professional simulator order.
7.2 - When we will provide the products. During the order process we will let you know when we will provide the product(s) to you. If the delivery date is not specified during the order process, we will deliver the product(s) to you as soon as reasonably possible.
7.3 - We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside of 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 products you have paid for but not received.
7.4 - If you are not at home when the product is delivered. If no one is available at your address to take delivery, our courier will leave you a note informing you of how to rearrange delivery. Our courier will then make a second attempt to deliver the product. If you are not available to accept the second delivery attempt, the product will be returned to a local depot and our courier will leave a note informing you how to arrange collection.
7.5 - If you do not re-arrange delivery. If after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and Clause 10.2 will apply.
7.6 - Your legal rights if we deliver goods late. You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods then you may treat the contract as at an end straight away if any of the following apply:
7.6.1 - We have refused to deliver the goods;
7.6.2 - Delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
7.6.3 - You told us before we accepted your order that delivery within the delivery deadline was essential.
7.7 - Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under Clause 7.8, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
7.8 - When you become responsible for the goods. The goods will be your responsibility from the time we deliver the products to the address you gave us or directly to you.
7.9 - When you own goods. You own the goods once we have received payment in full.
7.10 - What will happen if you do not give the required information to us. We may need certain information from you so that we can supply the products to you. If so, this will have been stated in the description of the products on our website. We will contact you in writing or by phone 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 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 products 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. You will be responsible for the delivery costs if the product/s are returned to us.
7.11 - Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
7.11.1 - Deal with technical problems or make minor technical changes;
7.11.2 - Update the product to reflect changes in relevant laws and regulatory requirements;
7.11.3 - Make changes to the product as requested by you or notified by us to you (see Clause 6).
7.12 - Your rights if we suspend the supply of products. We will contact you in advance to tell you that we will be suspending the supply of the products, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 30 days, and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
7.13 - We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see Clause 12.4) and you still do not make payment within 14 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 products. We will not charge you for the products during the period for which they are suspended.
8.1 - On all Formula, GT and E-Sport Simulators, 60% of the total price is non-refundable once paid. This is a restocking fee due to all orders being bespoke.
8.2 - Bespoke Coloured Formula, GT and E-Sport Simulators are non-refundable once any amount is paid.
8.3 - Simulator rentals are subject to a cancellation fee if cancelled within 7 days of the rental day/period. If the rental is cancelled with at least 7 working days till the rental, there is no charge. If the rental is cancelled within the 7 day period 35% of the rental fee will be charged. If the rental is cancelled within 24 hours 65% of the rental fee will be charged.
By purchasing a product with us you agree to the above terms.