The following Terms and Conditions apply to all transacts with Chester KTM and govern your use of our websites and your relationship with Chester KTM, we or us. Please read them carefully and print a copy for future reference, as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions, please do not register for or use our websites. Please note that to use any of the services provided on our websites, you may be required to register as an authorised user.
This site is owned and operated by Brookbrough Trading Co. Ltd. T/A Chester KTM, Reg No: 5082827, V.A.T.: GB 835 0664 29.
Stanney Mill Lane
If you have any queries about these terms and conditions or if you have any comments or complaints on or about our website, you can contact us here, email us at OnlineSales@chesterktm.uk or write to us at the above address.
We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provided when you placed your order. Our confirmation by email of our acceptance of your order brings into existence a legally binding contract between us.
Our websites are provided to you for your personal use subject to these Terms & Conditions. By using any of our websites you agree to be bound by these Terms & Conditions
These Terms & Conditions do not affect your statutory rights
All rights, including copyright, in this website are owned by or licensed to Brookbrough Trading Company Ltd, trading as Chester KTM. Any use of our websites or their contents, including copying or storing it or them in whole or part, other than for your own personal, non commercial use, is prohibited without our permission. You may not modify, distribute or re-post anything on this website for any purpose.
No license is granted to you in these Terms and Conditions to use any trade mark of Brookbrough Trading Company Ltd trading as Chester KTM or its Principal including, without limitation, the trade marks of H-D Michigan, Inc., Harley-Davidson® UK Ltd, Chester KTM.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.
We have taken care in the preparation of the content of our websites, in particular to ensure that prices quoted are correct at the time of publishing and that all goods have been fairly described. However, orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on our websites. Any weights, dimensions and capacities given about the goods are approximate only.
All product specifications, images and other information published on our websites have either been made accessible by suppliers, manufacturer’s, publications, publicists, or been gathered from public-domain sources. Our intention is that all information on our websites should be as accurate and up to date as possible. However, we cannot guarantee the reliability or the accuracy of the information contained within their pages. All the actions taken by the user of our websites are the responsibility of the individual.
The majority of the products, parts and accessories we sell are of a technical nature and it is not practical to publish detailed specifications of all the products. All images, descriptive matter, specifications and advertising on our site are for the sole purpose of giving an approximate description of the goods. Full detailed specifications may be available from the manufacturer’s brochures or their website. All parts and accessories supplied are subject to upgrades, substitution, obsolescence or other changes at the manufacturer’s discretion. We will supply the product(s) as supplied to us by the manufacturer.
All orders are subject to acceptance and availability and maybe withdrawn at any time. If the Goods you have ordered are not immediately available from stock, we will contact you by e-mail or phone (if you have given us details) and advise you of an approximate availability date. You will have the option either to wait until the item is available from stock or to cancel your order. If we do not supply the goods for any reason we will not charge you for these and we will refund any money already paid for them. However, we will not be responsible for compensating you for any other losses you may suffer through our non supply or delay in supplying the goods.
You are able to correct errors on your order up to the point on which you click on “submit” during the ordering process.
The prices payable for goods that you order are as set out on our websites. All prices are inclusive of VAT at the current rates and are correct at the time of entering information.
Wherever it is not possible to accept your order to purchase goods of the specification and description at the price indicated, we will advise you by email, offer to sell you the goods of the specification and description at the price stated in the email and will state the period for which the offer or the price remains valid.
In the event an item is listed at an incorrect price due to a typographical error, an error in pricing information from our suppliers, taxes, duty changes or malicious activity by a third party, we shall have the right to refuse or cancel any orders listed at the incorrect price whether or not the order has been confirmed. If your charge card has already been charged and we subsequently cancel your order, we will immediately issue a credit to your charge card account in the value of the incorrect price (including delivery charges that have been paid).
We will charge your card account for payment upon receipt of your order. Accurate card details are the responsibility of the card holder. We accept no liability for any card holder banking charges or any other card related charges that maybe incurred. We accept no liability if a delivery is delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the goods from your account then we can cancel your order and or suspend any further deliveries to you. This does not affect any other rights we may have.
On the order you must provide us with the exact billing address and telephone number that your charge card bank has on file for you. Incorrect information will cause a delay in processing your order. Your order will only be processed once authorisation of your charge card has been properly received. You may also pay by cheque or postal order although we cannot dispatch the goods until payment has been cleared, which can take up to 10 days.
All prices on our website are exclusive of delivery charges which will be added to the price of the products on the acceptance of your order.
Delivery charges vary according to the type of goods (weight in kilograms and or volume in cubic metres) ordered and the distances to be dispatched from our base at Chester, United Kingdom. To accommodate the variables this poses, our delivery charges are based upon a range of flat rate charges, subject to a minimum charge as detailed below, however there are occasions with the nature of some orders when the actual delivery cost will be advised and charged separately, with your consent, prior to the dispatch of the goods. This always applies to any orders being dispatched to outside the UK.
AM/PM and Saturday deliveries are optional and will also incur additional charges. These can be obtained upon application. It might not be possible for us to deliver to some locations, should this situation arise, we will advise you prior to accepting your order.
All orders places prior to 12 noon (Tuesday to Friday) will be dispatched within three working days, subject to stock availability and payment. If we or our suppliers are temporarily out of stock, we will notify you of this position and you should allow up to 30 days for dispatch of the goods. For delays by our suppliers of more than 14 days, you will have the right to cancel the order and we will refund any money paid by you for the goods, unless alternative dates have been mutually agreed and confirmed by both parties.
We will deliver the goods to the address you specify for delivery in your order. It is important that this address is accurate. Please be precise about where you would like the goods left if you are out when we deliver. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence). We will aim to deliver the goods by the date quoted for delivery but delivery times are not guaranteed. If delivery is delayed due to any cause beyond our reasonable control, the delivery date will be extended by a reasonable period and we will contact you to arrange an alternative time.
Risk of damage to or loss of the goods passes to you at the time of delivery to you, or if you fail to take delivery at the agreed time, the time when we tried to deliver. You will only own the goods once they have been successfully delivered and when we have received cleared payment in full. Goods supplied are not for resale.
You will need to provide us with your e-mail address and we will notify you by e-mail to confirm receipt of your order. This receipt of order email from us is confirmation that we have received your order. It does not constitute a contractual acceptance of the order you have placed. Upon receipt of your order, we will check that your order remains available at the price(s) advertised on the website when you placed your order. If the price or availability has changed we will notify you by email or telephone of any changes. Please note that time taken to dispatch the goods is subject to availability. If the details of your order are accepted, we will email you again to confirm these details. Our confirmation by email of our acceptance of your order brings into existence a legally binding contract between us.
If you notify a problem to us under this condition, our only obligation will be, at your option:
All products supplied are covered by the terms and conditions of the Manufacturer’s Guarantee. This guarantee specifically excludes faults caused by accident, neglect, and misuse. Mechanical spare parts and accessories must be fitted by an authorised dealer. In addition routine maintenance (cleaning etc.), consumables (batteries, etc.), and cosmetic damage is not covered. This does not affect your statutory rights.
We reserve the right to change and or update these Terms and Conditions from time to time, any material changes will be notified to you via a suitable announcement on our websites. The changes will apply to the use of our websites after we have given notice. If you do not wish to accept the new Terms and Conditions you should not continue to use our websites. If you continue to use our websites after the date on which the change comes into effect, your use of any of our websites confirms your agreement to be bound by the new Terms & Conditions. For updates, you should read though these Terms and Conditions from time to time.
Unless otherwise expressly stated in these Terms & Conditions, all notices from you to us must be by email or in writing and sent to our contact address at Chester KTM and all notices from us to you will be displayed on our website from to time.
To register with our websites, you must be at least eighteen years of age.
You must ensure that the details provided by you on registration or at any time are correct and complete.
You must inform us immediately of any changes to the information that you provided when registering by updating your personal details.
When you register to use our websites you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should change the password on your account and notify us immediately, either by telephone, email or in writing (please see below for contact details).
If we have reason to believe that there is likely to be a breach of security or misuse of our websites, we may require you to change your password or we may suspend your account in accordance with paragraph 13 below.
Using Promotional Codes
Promotional Codes can only be used online on those of our websites that accept them subject to these Promotional Code Terms & Conditions, and any other specific conditions notified to you on the issuance of a Promotional Code.
A Promotional Code is redeemable by entering its code at the appropriate point in the online purchase process. Redemption may be subject to you providing proof of entitlement to use the Promotional Code.
Your use of a Promotional Code indicates your agreement to be bound by these Promotional Code Terms & Conditions.
Chester KTM reserves the right to withdraw or cancel a Promotional Code for any reason at any time.
Distribution of Promotional Codes
Promotional Codes are, and remain at all times, the property of Chester KTM.
The right to use a Promotional Code is personal to the original recipient and may not be transferred. No Promotional Code may be copied, reproduced, distributed, or published directly or indirectly in any form or by any means for use by an entity other than the original recipient, or stored in a data retrieval system, without the prior written permission of Chester KTM.
Promotional Codes distributed or circulated without the written approval of Chester KTM, for example on an Internet message board or on a "bargains" website, are not valid for use and may be refused or cancelled.
Permitted usage of Promotional Codes
Unless expressly stated otherwise at the time of issue of a Promotional Code;
Each issued Promotional Code will be valid for use by a recipient only once.
Only one Promotional Code will be valid for use per customer or household, as the case may be, and a Promotional Code may not be used in conjunction with any other special offer.
Promotional Codes cannot be exchanged for cash or used to purchase Chester KTM gift-vouchers.
Minimum spend requirements
Where the redemption of a Promotional Code is subject to a minimum spending requirement, the redemption is only permitted in respect of the purchase of qualifying products which will be communicated to you at the time of issue of the Promotional Code. Excluded products and supplementary charges, such as delivery, gift wrap or postage & packing, shall not count towards a minimum spending requirement.
Calculation of discount
Where an online offer states that a percentage discount will be given on a purchase, the cost, prior to any Vat, of the qualifying purchases will be reduced by the stated discount percentage.
Where purchases are stated to be offered on a "VAT-free" basis, the prices of qualifying items will be reduced by the equivalent of VAT. At the current VAT rate of 20% this equates to a discount of 16.6667%.
Supplementary charges such as delivery or postage & packing shall not be discounted unless specifically stated in the offer description.
Security and Fraud
When you use a Promotional Code you warrant to Chester KTM that you are the duly authorised recipient of the Promotional Code and that you are using it in good faith.
If you redeem, attempt to redeem or encourage the redemption of Promotional Codes to obtain discounts to which you or a third party are not entitled you may be committing a civil or criminal offense.
If we reasonably believe that any Promotional Code is being used unlawfully or illegally we may reject or cancel any Promotional Code and you agree that you will have no claim against us in respect of any rejection or cancellation. Chester KTM reserves the right to take any further action it deems appropriate in such instances.
If we refuse a Promotional Code submitted as part of an order, for any reason, we will inform you before the order is dispatched to advise of the correct cost of the order and give you the opportunity to cancel the order.
Limitation of liability
At all times our acceptance of an order takes place on dispatch of the order, at which point the purchase contract will be made and you will be charged for your order.
All offers are subject to availability and while stocks last.
Chester KTM shall not be liable to any customer or household for any financial loss arising out of the refusal, cancellation or withdrawal of any Promotional Code or any failure or inability of a customer or household to use a Promotional Code for any reason.
We reserve the right to vary or terminate the operation of any Promotional Code at any time without notice.
The failure of Chester KTM to take any action in respect of a breach of these terms and conditions shall not constitute a waiver of their enforceability. Chester KTM reserves its rights in respect of these terms and conditions at all times.
Refunds for goods purchased under a promotional offer will be based on the terms of the promotional price. Your statutory rights are not affected.
You may not use any or our websites for any of the following purposes:
We reserve the right to refuse to post material on our websites or to remove material already posted on our websites.
You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgement by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out or in connection with:
Although we aim to offer you the best possible service, Chester KTM makes no promise that the services on our websites will meet your requirements. Chester KTM cannot guarantee that the service will be fault free. If a fault occurs in the service you should report it to our Dealer Principle (see below for contact details) or contact us here or email us at and we will attempt to correct the fault as soon as we reasonably can.
Your access to our websites may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. Chester KTM will attempt to restore the service as soon as it is reasonably possible.
Chester KTM may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.
You can cancel this agreement at any time by informing us in writing. If you do so, you must stop using our websites.
The suspension or cancellation of your registration and your right to use our websites shall not affect either party’s rights or liabilities.
Paragraphs 4, 25 and 29 of these Terms and Conditions shall survive cancellation.
The website domains are provided and managed by Chester KTM without any warranties or guarantees. We try to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use this website. You must bear the risks associated with the use of the Internet.
Our websites provides content from other Internet sites or resources and while Chester KTM tries to ensure that material included on our websites is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. Chester KTM will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with our websites. If Chester KTM is informed of any inaccuracies in the material on its websites we will attempt to correct the inaccuracies as soon as we possibly can.
In particular, we disclaim all liabilities in connection with the following:
To the full extent allowed by applicable law, you agree that we will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to our websites.
Nothing in these Terms & Conditions is intended to, nor shall they confer any rights on a third party.
Nothing in these Terms and Conditions shall exclude the liability of Chester KTM for personal injury or death caused by its negligence.
As a convenience to our customers, the our websites include links to other websites or material which are beyond our control. Chester KTM is not responsible for content on the Internet or World Wide Web pages of other websites outside of the domains controlled by us.
Part of our websites may contain advertising and sponsorship. Advertisers and Sponsors are responsible for ensuring that material submitted for inclusion on our websites complies with relevant laws and codes. We will not be responsible for any error or inaccuracy in advertising and sponsorship material.
Our websites and any content contained therein including these Terms & Conditions and any contract brought into being as a result of usage of our websites are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.
Chester KTM makes no promise that materials on our websites are appropriate or available for use in locations outside the United Kingdom, and accessing our websites from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.
Please ensure that the expiry date of your payment card is after the anticipated dispatch date of your order.
If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
If you breach these Terms and Conditions and Chester KTM ignores this, Chester KTM will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.
Chester KTM shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its control.
A person who is not a party to these Terms and Conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.
Brookbrough Trading Company Ltd trading as Chester KTM are appointed representatives of ITC Compliance Limited which is authorised and regulated by the Financial Conduct Authority (their registration number is 313486) and which is permitted to advise on and arrange general insurance contracts.