TERMS AND CONDITIONS

1. This website is operated by Nicholas Skinner trading as Parallel Track (hereafter called 'PT') who is the Data Controller for all personal data uploaded to and processed on this website and the Vendor and Supplier of all products and services available on this website.

2. You, the person accepting these conditions preliminary to your purchase of a product or service from and operated in conjunction with this website, is called, in these Terms and Conditions, the 'customer', which term shall include all persons who are given authority by you to use any product or service purchase by you from PT.

3. These Terms and Conditions may be updated by PT from time to time with effect on each customer on the sending of notice by email to the email address, whether, at the time of such notice, active or not, registered with PT at the time of purchase of the product or service.

4. The headings to the clauses of these Terms and Conditions are for ease of reference only and shall not affect the interpretation or construction thereof.

5. Words importing the singular shall include the plural and vice versa, words importing any gender shall include all other genders, words importing persons shall include bodies corporate, unincorporated associations and partnerships and vice versa. References to the whole shall include the part and vice versa.

FORMATION OF CONTRACT

4. When the customer requests to purchase a product or service on this website such a request amounts in law to an offer to purchase at the stated amount. No binding contract in law is formed until such time as an e-mail is sent by PT to the e-mail address of the customer in which it is stated that such offer is accepted.

PRODUCT/SERVICE DESCRIPTION

5. It is the intention of PT at all times to provide sufficient information about the products and services offered on this website and in e-mails as would be reasonable to fully describe the item to the extent required and , in particular, in the case of customers who come within the description of 'consumers' under such Regulations, by the Consumer Protection (Distant Selling) Regulations 2000. It may be that, nothwithstanding proper effort, from time to time the description falls short of what the customer personally considers adequate to describe the items to the above standard. In that event the customer agrees to request further information as soon as is reasonably possible by e-mail to PT on the address given on this website. The failure of the customer to make such request, either before or after an offer is submitted on this website to PT, shall amount to an acknowledgement by the customer that the description on the website is adequate.

DELIVERY

6. Before an offer to purchase is made, PT will specify to the customer the period of time within which delivery will be made, which will normally be 30 or less days. If a longer period for delivery is required as is permitted, then such will be indicated to the customer by e-mail prior to acceptance of the offer. If the customer does not agree to such longer period of delivery as specified in such e-mail then he agrees to notify PT of such objection by replying to the e-mail within 24 hours of its receipt at the customerís e-mail address.

7. It is agreed that the arrival of the product, at the address given by the customer at the time of order amounts to delivery in full under the contract of sale notwithstanding that it may not be possible for whatever reason to actually deliver within such premises. It is the responsibility of the customer to ensure the latter is possible.

8. If at any time the customer wishes to cancel the purchase after delivery of any goods then, without prejudice to any challenge to the validity of being so able to do and to the respective rights and obligations on the part of PT and the customer, it shall be the duty of the customer to return the goods to PT and the cost of the return of the goods to PT shall be borne by the customer, save and unless the items provided were not as ordered by the customer but were substitute products provided due to the non-availability of the ordered product and had not previously been agreed by the customer as an acceptable replacement, in which event only the cost of the return of the goods shall be borne by PT.

9. The recipient of the item delivered may be subject to local taxes and duties levied in the country of residence of the recipient. The customer accepts full responsibility for ascertaining such taxes and duties prior to submitting an order and for their payment.

SYSTEM FAILURE

10. The customer accepts that it is in the nature of the Internet, software, telecommunications and digital technology generally, that it may not, at all times, be possible to gain access to this website or to the data processing applications offered as part of any product or service purchased from PT. In view of this the customer agrees that should access be unavailable at any time and leads, directly or indirectly, to the failure by PT to perform, fully or at all, any contracts concluded on this website, the customer will not, in such circumstances, hold PT liable in any way for any loss or damage arising nor will the customer seek specific performance of any such contracts.

11. The customer accepts that PT gives no warranty whatsoever that use of the service provided on this website, including logging into an account , viewing and./or downloading and/or uploading data and text and the engaging in email correspondence with PT, will not expose the customerís hardware and/or software to computer viruses, or worms, trojan horses or other code of a damaging nature.

12. PT accepts no responsibility for the content and functioning of other websites or data services or displays which the customer may access through this website, or which may interact with the data displayed on this website, nor does PT endorse the accuracy or functionality or content of such other sites and any processing applications operating thereon.

CUSTOMER'S WARRANTIES

13. The customer warrants to PT that the customer will, when accessing and using this website, acquaint himself with, and follow, any rules and recommendations of use posted by PT to the website or notified to him by email at the address on which the customer has registered on this website.

14. The customer warrants to PT that the customer will not access and/or use this website, and/or any products or services purchased or acquired from PT, in any way and for any purpose that is unlawful under the laws of any country binding on the customer or on PT, whether in respect of the nature of the items purchased or otherwise, or which is prohibited by these Terms and Conditions.

15. The customer warrants that he will keep safe and secure and confidential all passwords and other confidential information used on the website and will fully and effectively indemnify PT against all loss or damage caused by any misuse of such passwords or data. The customer agrees to immediately notify PT of any suspicion of unauthorized use of the password.

16. The customer warrants that he will print out and retain, and make available to PT at all times, copies of all notices making or confirming any order transacted on this website.

17. The customer warrants that he is entirely responsible for all content that he uploads, posts, transmits or otherwise, whether or not through the use of any product purchased from PT, makes available to this website and/or to any database accessible from this website, and whether such is done by the customer or by any person with his authority to make use of the product or service, or by any product purchased by the customer, and further warrants that there shall not be uploaded, posted or otherwise transmitted to such database or website any content that is unlawful, abusive, tortious, defamatory, obscene, pornographic, racial, offensive, harmful to minors, amounts to a breach of the privacy of others, a breach of contract or a breach of a duty of confidentiality owed to any persons, infringes any trademark, trade secret, copyright or intellectual property or proprietary rights of any persons , and/or contains software viruses, trojans ,bots or any code that can have the effect of interfering with the functionality of any computer software or hardware or telecommunications equipment.

18. The customer shall indemnify and at all times keep harmless PT, its officers, agents, employees, partners, licensors and licensees from any claim or demand made by any third party due to or arising out of any use by the customer and /or those whom it has authorised to so use, of this website and/or use of the products and/or services purchased from PT and/or use of any content posted, uploaded or otherwise transmitted to or through this website, and/or any breach of these Terms and Conditions, and/or any breach of any rights of others.

19. The customer agrees neither by himself or by any person authorised by him to use this website and/or any product or service purchased by the customer from PT, to reproduce, duplicate, copy, sell, or in any way exploit for any purposes, commercial or otherwise, any portion of the service on this website save with the written consent of PT.

GENERAL

20. PT reserves the right at any time, and with or without notice, to modify or suspend or discontinue any service (or any part thereof) purchased by him from PT. The customer agrees that PT shall not be liable to him or to any third party for any losses,claims, demands or damage resulting from such modification, suspension or discontinuance, save only that PT shall be liable, in the case of any period of suspension, for such proportion of any fee paid for use of such service as the period of suspension bears to the whole period for which the fee was paid and, in the case of any period of discontinuation, for the remaining period following discontinuation for which the last fee was paid.

21. PT gives no warranty, express or implied, that this website will function and be accessible at all times correctly as intended. The customer agrees that PT has no responsibility for any loss or damage of any nature, howsoever arising from the customer's use of the website and the service, or from the handling by the website of any data uploaded and/or downloaded to or from the website by the customer and/or PT.

22. The customer accepts that he will not hold PT, its officers, employees or agents or others acting under its name, responsible in any way for any loss or damage caused directly or indirectly by the products or services the subject of sale on this website nor seek cancellation of the contract or reimbursement of all monies paid for items save, in the case of customers who come within the description of 'consumers' under such Regulations, in accordance with rights of cancellation under the Consumer Protection (Distant Selling) Regulations 2000, nor hold responsible PT, its officers, employees, agents or others acting under their name for the quality of products or services.

23. The customer agrees that PT may access, preserve and disclose any information about him and/or about other persons making use of, or the subject of the customer making use of, any product or service purchased from PT if required to do so by law or at the request of any court of law or tribunal or person with authority to make such request or in the reasonable belief, acting in good faith, that such is reasonably necessary to comply with the law, and/or to enforce these Terms and Conditions.

24. Notwithstanding the above if any liability in law rests on PT, the customer agrees that PT will not be held responsible for any loss or damage consequential on any failings alleged in the product or service and will limit any financial claim to recovery of the amount of the purchase price for such product or service.

25. Any failure by PT to enforce any of its rights under agreements entered into under this website and the service provided herein and these Terms and Conditions shall not be construed as a waiver of any of its rights herein.

26. At all times PT has full right and power to assign any of its rights and duties under all agreements entered into under this website and the service provided herein to any other party at any time without notice to the customer.

27. The waiver by PT of a breach or default of any of the obligations hereunder by the customer shall not be construed as a waiver of any succeeding breach of the same or other obligations nor shall any delay or omission on the part of PT to exercise or avail itself of any right power or privilege that it has or may have hereunder operate as a waiver of any breach or default by the customer.

28. If any of these Terms and Conditions shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable the invalidity or unenforceability of such Terms and Conditions shall not affect the other Terms and Conditions herein and all not affected by such invalidity or un-enforceability shall remain in full force and effect. The parties hereby agree to attempt to substitute for any invalid or unenforceable Terms or Condition a valid or enforceable substitute which achieves to the greatest extent possible the economic legal and commercial objectives of the invalid or unenforceable Terms or Condition.

TERMINATION

29. The customer agrees that PT may terminate without notice, and without liability for any loss or damage caused thereby, his use of such services as have been purchased from PT for any of the following reasons:-

(a) breaches of these Terms and Conditions and/or
(b) carrying out by the customer, or by any person authorised by him to make use of such services, of any illegal activities on this website and/or by use of such services, and/or
(c) non-payment of any fees owed by the customer to PT.

COPYRIGHT

30. The customer acknowledges, and it is here asserted, that PT, and others where so specified on this website, are the owners of all intellectual property rights in the content, design, look, feel and functionality of this website. The customer agrees that he may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any manner the website and its contents including text, graphics, code or other items other than temporarily in the course of using the service provided by this website and for the purpose intended by PT or to keep a record of a transaction entered into using this website.

PRIVACY

31. PT is committed to protecting the customer's privacy and will only use the information that is collected about the customer, its fairly and lawfully in accordance with the Data Protection Act 1998 and any amendment and consolidation thereof.

32. The customer agrees that PT may collect information about himself and about any officers, agents, employees, partners, licensors and licensees in respect of whom any part of the service purchased from PT may be used, for the reason only of providing the service purchased by the customer from PT.

33. The customer warrants that any use of the service purchased from PT that involves obtaining and/or storing information concerning any other persons shall only be done with the full consent of such persons.

34. The customer agrees that PT may e-mail the customer in the future to advise about offers of products and services or information regarding their business unless the customer has informed PT that it does not wish that PT does so.

35. PT will not pass information to other parties save and only as may be required to process the order from the customer.

36. The information held by PT will be only as accurate and up to date as given by the customer to PT . The customer can check the information that PT holds about him by emailing PT. If the customer finds any inaccuracies, PT will delete or correct promptly according to the information then provided by the customer. The customer agrees to regularly check the data and inform PT if there are any errors or changes required.

37. PT may use technology to track the patterns of behaviour of visitors to this website. This can include using a "cookie" which would be stored on the customer's browser. The customer can usually modify their browser to prevent this happening.

APPLICABLE LAWS

38. All agreements entered into under this service shall at all times be governed and construed in accordance with the laws of England and Wales and, further, that the courts of England and Wales shall have exclusive jurisdiction over any legal action between PT and the customer and other parties arising in connection with such agreements or this website.