Terms and Conditions
Cosworth Shop is owned and operated by TSBA AG and its affiliates. TSBA AG is an official licensee of Shell Brands International AG. All transactions on the site will be managed by Innovation 1st Limited, an English Company with Registered Number: 06903748 (England and Wales), and VAT registration number GB 978301692. Innovation 1st's registered office address is: 2nd Floor, Westminster House, Kew Road, Richmond, TW9 2ND.
Innovation 1st and Magic of Motoring are official licensees of Shell Brands International AG. If you wish to ask us anything about these terms and conditions, or if you have any comments or complaints on or about our website, please email us at firstname.lastname@example.org
This agreement applies as between you, the User of this website and TSBA (th owners of this website) and Innovation 1st (the Operators of this website). Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
1. Definitions and Interpretations
In this Agreement the following terms shall have the following meanings:
1.1. "Cosworth Shop"or "Website" means the store.cosworth.com website which you are currently using.
1.2. “TSBA” refers to TSBA AG and its affiliates. Any use of the terms "we", "our", "us", should also indicate a reference to TSBA AG and its affiliates.
1.3. “Innovation 1st” refers to Innovation 1st of 2nd Floor, Westminster House, Kew Road, Richmond, TW9 2ND., UK who operate and run the website on behalf of TSBA and process payments for the goods which are sold.
1.4. “Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website.
1.5. “Service” means collectively any online facilities, tools, services or information that Innovation 1st makes available through the Web Site either now or in the future.
1.6. “System” means any online communications infrastructure that Innovation 1st makes available through the Website either now or in the future. This includes, but is not limited to, shopping carts, message boards, live chat facilities and email links.
1.7. “User” or “Users” means any third party that accesses the Website and is not employed by TSBA or its affiliates and acting in the course of their employment.
1.8. "Account" means collectively the personal information, Payment Information and credentials used by Users to access the Website
1.9. “Carrier” means any third party responsible for transporting purchased Goods from our Premises to customers.
1.10. “Goods” means any products that Innovation 1st advertises and / or makes available for sale through this Website.
1.11. “Payment Information” means any details required for the purchase of Goods from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes.
1.12. “Purchaser” means any person or business that buys Goods from Innovation 1st from this Website.
1.13. “Purchase Information” means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form.
2. Ownership of Rights, Intellectual Property and Third Party IP
2.1. All Content included on the Website, unless uploaded by Users or supplied directly by Shell, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of TSBA, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws.
2.2. All copyright, trade marks and other intellectual property rights in this website are owned by TSBA and its affiliates, or have been licensed to TSBA by the owner(s) of those rights for use on this website.
2.3. Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
2.4. Subject to sub-clause 2.5. you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Website or unless given express written permission to do so by TSBA.
2.5. Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
3. Links to Other Websites
3.1. This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of TSBA or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
4. Links to This Website
4.1. Those wishing to place a link to this Website on other sites may do so only to the home page of the site (https://store.cosworth.com) without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of TSBA. To find out more please contact us by email at Cosworth@innovation1st.com
5. Registration and Accounts
5.1. In order to purchase Goods on this Website and to use the enquiry facilities Users are required to create an Account which will contain certain personal details. By continuing to use this Website you represent and warrant that:
5.1.1. all information you submit is accurate and truthful;
5.1.2. if you are buying on behalf of your employers, you have the authority to submit Payment Information where any such authority is required; and
5.1.3 you will keep this information accurate and up-to-date.
Your creation of an Account is further affirmation of your representation and warranty.
5.2. It is recommended that you do not share your Account details, particularly your username and password. Innovation 1st accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
5.3. If you have reason to believe that your Account details have been obtained by another without consent, you should contact Innovation 1st immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled up until the point when they are dispatched. In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, Innovation 1st accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.
5.4. Users must have a valid email address in order to register on the site, and this will be used as your Account username.
6. Goods, Pricing and Availability
6.1. Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from Cosworth Shop correspond to the actual Goods, Innovation 1st is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Please refer to Clause 10.1 for incorrect Goods.
6.2. Where appropriate, you may be required to select the required size, colour, and number of the Goods that you are purchasing.
6.3. Innovation 1st does not represent or warrant that such Goods will be available. Stock indications are provided on the Website, however these may not take into account sales that have taken place during your visit to the website by other Users.
6.4. All pricing information on the Website is correct at the time of publication. Innovation 1st reserves the right to change prices and alter or remove any special offers from time to time and as necessary. Please note that whilst your quotation will be provided in your selected local currency, the amount charged in your bank will be in GBP, converted based on the Cosworth Shop exchange rate.
6.5. In the event that prices are changed during the period between an order being placed for Goods and Innovation 1st processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price.
6.6. All prices on the Website are shown exclusive of Sales / Value Added Tax.
6.7. Sales Tax / VAT will be automatically applied to the Sale.
6.8. In cases of sales to EU companies which have provided a VAT number, there is no VAT liability in the seller's country: customer to Reverse Charge. Art. 44 & 196 EC Dir. 2006/112.
6.9. Cosworth Shop will provide a VAT invoice for those EU customers who contact our support team with a valid VAT number.
7.1. Payment can be made by credit card or by providing a purchase order number.
7.2. When paying by credit card, the User must enter all required fields as shown on the checkout page. The credit card details will be securely submitted to our payment service provider to complete the transaction. If the payment is taken successfully you will be taken to an order confirmation page. If the payment fails, you will be returned to the checkout page and be asked to re-enter your details. Should you continue to encounter issues, please speak to our customer services team who will be able to guide you through the check-out process.
7.3. Cosworth Shop will accept the following credit cards; Visa, MasterCard, Visa Debit, Solo, Maestro UK, and Visa Electron. If you would like to have an additional card payment type added to Cosworth Shop please email the customer services team to see whether this is possible.
7.4. If paying by providing a purchase order number, you must ensure that the PO number you enter is correct and valid.
7.5. When the Cosworth Shop team receive an order which has been paid for by a PO, the order will be put on hold and our customer services team will get in touch with you to confirm the PO number and to ask for a copy of the PO to be submitted for our reference. Innovation 1st reserve the right to only process an order once the PO has been received.
7.6. Innovation 1st will Invoice an order which has been paid for by a PO as soon as the goods have been despatched.
7.7. Any and all invoices are due for payment on the date shown on the invoice, unless alternative arrangements have been agreed between the Purchaser and Innovation 1st. Standard terms for the payment of an Invoice are 30 days.
7.8 The Cosworth Shop team reserve the right to put new orders on hold if a customer has an outstanding Invoice from Innovation 1st which has not yet been paid.
7.9 Innovation 1st reserve the right to charge interest on invoices which are outstanding by more than 60 days. Interest will be charged on a daily basis at 2% above the base rate of the Bank of England obtained at the time.
8. Processing Your Order
8.1. Once you have submitted your order, we will send an email notification to you as confirmation that your order has been received. Should you not receive this email confirmation, please contact our customer services team who will be able to investigate what has happened and give an update to your order.
8.2. Our Operations Team will review your order to ensure that the order is accurate and correct. Our team will ensure the products are still available, that the prices are correct, that delivery has been calculated correctly, that credit card payments have gone through or that a valid purchase order number has been provided. If there are any issues with the order our team will contact you within 24 hours to discuss this and will work to resolve the problem as quickly as possible. Once any issues have been resolved the order will then be accepted and passed on to our Warehouse for fulfilment and despatch.
8.3. You are able to correct errors on your order up to the point at which you click on the button to place your order on the final page of the checkout process. However, if you realise you have made a mistake after the final submission of your order, please contact us our customer services team and one of our advisors will be able to help make any required changes.
8.4. The User acknowledges that any changes made to an order after submission may incur additional charges. For example, if additional items are added, the cost of delivery may change along with the expected delivery timescales for your order. Our customer services representative will make you aware of this at the time of discussing the changes. Innovation 1st reserve the right to put an order on hold until all changes have been made and any additional payments are made. Innovation 1st also reserve the right to charge for administration costs incurred as a result of changes being made to a submitted order.
8.5. Our customer services team will endeavour to keep you updated through all the stages of processing your order, and should there be a delay for any reason, our team will contact you to let you know what has happened.
8.6. Depending on the size of your order, your goods may be shipped in individually labelled boxes, or alternatively for larger orders, good may come palletised. Our Warehouse will use there many years of experience to determine the best way to ship the goods. If the size of the delivery is a concern, or you would prefer to have goods shipped in a particular way, it is your responsibility to contact us before the goods are despatched to let us know how you would like the items to be shipped. If there is any deviation from our normal shipping procedures that result in an additional cost, then you will be liable for an additional payment to cover the packing and delivery of your items.
8.7. Innovation 1st will make every endeavour to despatch your goods as soon as possible, and will work to get all orders despatched within 24 hours of being received. Larger orders or those which come in at the end of a business day make take slightly longer to process.
8.8. Whilst our website is available to a global audience, users should be aware that Innovation 1st are a UK based company, and operating hours are between 08:00 and 18:00 GMT, Monday through to Friday. Orders and queries received outside of these hours will be responded to on the next working day.
9.1. Delivery will be charged at the point of order. Charges are calculated based on the number of products you order and the weight and size of each of these. Our system will give you an estimate of the delivery charge and we will take payment for this at the point of order. Most delivery charges are accurate, but in a small number of scenarios such as when a User is ordering a large quantity of items, the price of delivery will need to be reviewed and an additional payment may be required.
9.2. Our customer services team will review the delivery charge when the order is received and will contact you should any further payment be required. Innovation 1st reserve the right to put orders on hold until delivery charges are paid in full.
9.3. All orders are delivered by one of our preferred delivery partners, all of whom are well known professional courier companies.
9.4. Innovation 1st will notify you by way of email when your goods are ready to be dispatched, and we will also provide you with an anticipated delivery date. Where appropriate, you will be provided with a tracking reference for your order with instructions on where to go to track the delivery.
9.5. If on the delivery date you are not present to take receipt of your goods, it will be your responsibility to contact the courier to arrange an alternative delivery time. Once the goods have been despatched and the tracking details provided, Innovation 1st will have completed their obligations for organising the delivery of the goods. If you need help in contacting the courier, please contact our customer services team.
9.6. If Innovation 1st receives no communication from you within 7 days of delivery regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems.
9.7. All orders are accepted based on a "DAP" - Delivered at Place - basis. This means that Innovation 1st will arrange for carriage to the stated delivery address, but that the buyer remains responsible for all costs related to import clearance.
9.8. If Goods are being ordered from outside Innovation 1st’s country of residence, import duties and taxes may be incurred once the Goods reach their destination. Innovation 1st is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If a Purchaser is buying internationally, they are advised to contact their local customs authorities for further details on costs and procedures. The Purchaser of the Goods will also be the importer of record and as such should ensure that the purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and Innovation 1st gives no guarantee that the packaging of the Goods will be free of signs of tampering.
10. Right of Cancellation and Returns Policy
Innovation 1st aims to always provide high quality Goods that are fault free and undamaged. On occasion however, goods may need to be returned. Returns are governed by these Terms and Conditions.
10.1. If the Purchaser receives Goods which do not match those ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, the Purchaser should contact us within 10 working days to arrange collection and return. Innovation 1st is not responsible for paying shipment costs. The Purchaser will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used when the Goods were purchased. Refunds and replacements will be issued upon our receipt of the returned Goods.
10.2. If any Goods purchased have faults when they are delivered, the Purchaser should contact Innovation 1st within 28 working days to arrange collection and return. Innovation 1st is not responsible for paying shipment costs. Goods must be returned in their original condition with all packaging and documentation. Upon receipt of the returned Goods, the price of the Goods, as paid, will be refunded through the payment method used when the Goods were purchased.
10.3. If any Goods develop faults within their warranty period, the Purchaser is entitled to a repair or replacement under the terms of that warranty.
10.4. If Goods are damaged in transit and the damage is apparent on delivery, the Purchaser should sign the delivery note to the effect that the goods have been damaged. In any event, such damage should be reported to Innovation 1st within 10 working days and arrange collection and return. Innovation 1st is not responsible for paying shipment costs. Upon receipt of the returned Goods, the price of the Goods, as paid, will be refunded through the payment method used when the Goods were purchased.
10.5. If the Goods have been dispatched or have reached you, but the Purchaser decides that they are no longer required, the Goods can be returned to Innovation 1st within 10 days of receipt. Goods can only be returned for this reason if their packaging remains unopened and the Goods can be re-sold, as new, without any additional work on the part of Innovation 1st. The Purchaser is responsible for paying shipment costs if Goods are returned for this reason. Goods should be returned within 7 days of your cancellation notice, and where possible, in its original packaging.
10.6. If the Purchaser wishes to return Goods to Innovation 1st for any of the above reasons, the Purchase should contact us using Cosworth@innovation1st.com to make the appropriate arrangements.
10.7. Innovation 1st reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
10.7.1. Any use or enjoyment that you may have already had out of the Goods;
10.7.2. Any characteristics of the Goods which may cause them to deteriorate or expire rapidly;
10.7.3. The fact that the Goods consist of audio or video recordings or computer software and that the packaging has been opened;
10.7.4. Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase.
Such discretion to be exercised only within the confines of the law.
10.8. It is suggested that all returns are sent via recorded delivery to ensure that the goods arrive at our warehouse. You will be responsible for the items should they get lost en-route. Appropriate packaging materials should be used to ensure that there is no damage to the goods during transit, as you will also be liable for the cost of any damage during transportation.
10.9. For any bespoke product that is made specifically for you, once payment is taken, no changes to the order or any cancellation may be made, except in accordance with your legal rights. Additionally we will only accept returns in accordance with your legal rights; for example if there is a fault with your product, if the product has not been manufactured as specified, or if the sizing of the product is incorrect.
10.10. If you are returning a bespoke product due to a fault, or you believe it has not been made to the specification given by you, we will re-make a new product to the correct specifications. The new product will be manufactured once the original item has been returned, and your new product will be despatched to you as soon as the manufacture process has been completed. As per normal returns, made to measure products should be returned in the original packaging using a recorded delivery service.
11. Property, Risk and Account of Profits
11.1. Title in Goods will not pass to the Purchaser until the full purchase price for those Goods has been received by Innovation 1st. Title remains with Innovation 1st until payment is complete.
11.2. If the Purchaser sells the Goods on to its own customers in any form, either as purchased from Innovation 1st or forming a component part of a larger Good, and any amount of the purchase price payable to Innovation 1st remains outstanding, the Purchaser must account to Innovation 1st for the proceeds of such a sale. The Purchaser is then required to hold such proceeds on trust for Innovation 1st until payment has been received in full by Innovation 1st.
11.3. Innovation 1st reserves the right to trace all proceeds under the principles of Re Hallett’s Estate (1880) 13 Ch D 696. Once the payment date has passed, if any sums remain outstanding, Innovation 1st has the right to enter the Purchaser’s premises and remove any Goods which, by virtue of sub-Clause 11.1, remain the property of Innovation 1st.
12. Use of Communication Facilities
12.1. When using the enquiry form or any other System on the Website you should do so in accordance with the following rules:
12.1.1. Obscene or vulgar language must not be used;
12.1.2. Content that is unlawful or otherwise objectionable must not be submitted. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
12.1.3. Content that is intended to promote or incite violence must not be submitted;
12.1.4. It is advised that submissions are made using the English language as it we may be unable to respond to enquiries submitted in any other languages;
12.1.5. The means by which Users identify themselves must not violate these Terms and Conditions or any applicable laws;
12.1.6. Users must not impersonate other people, particularly employees and representatives of Innovation 1st or our affiliates; and
12.1.7. Our System must not be used for unauthorised mass-communication such as “spam” or “junk mail”.
12.2. You acknowledge that Innovation 1st reserves the right to monitor any and all communications made to us or using our System.
12.3. You acknowledge that Innovation 1st may retain copies of any and all communications made to us or using our System.
12.4. You acknowledge that any information you send to us through our System or post on our site may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.
13. Termination and Cancellation
13.1. Either Innovation 1st or a User may terminate an Account. If Innovation 1st terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
13.2. If Innovation 1st terminates an Account, any current or pending purchases on your Account will be cancelled and will not be dispatched.
13.3. Innovation 1st reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.
13.4. If purchases are cancelled for any reason prior to dispatch Purchasers will be refunded any monies paid in relation to those purchases.
13.5. If a User terminates their Account any non-dispatched purchases will be cancelled and a full refund of any monies paid in relation to those purchases will be paid through the payment method used when the Goods were purchased.
13.6. If a User terminates their Account and has any Invoices outstanding, the User will arrange for immediate payment of the Invoice.
13.7. If a User leaves the employment of Shell or one of their partners, the User agrees to arrange for any outstanding invoices to be submitted before their departure from employment.
14.3. If you wish to opt-out of our placing cookies onto your computer or device, please adjust your internet browser's settings to restrict cookies as detailed in your internet browser's help menu. You may also wish to delete cookies which have already been placed. For instructions on how to do this, please consult your internet browser’s help menu or contact our customer services team who will do our best to help you through this process.
15.1. Innovation 1st makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
15.2. No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
15.3. No part of this Website is intended to constitute a contractual offer capable of acceptance.
15.4. The Purchaser’s order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to the Purchaser indicating that the order has been fulfilled and has been dispatched.
15.5. Whilst Innovation 1st uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
16. Changes to the Terms and Conditions
16.1. Innovation 1st reserves the right to change the Website, its Content or these Terms and Conditions at any time. Users and Purchasers will be bound by any changes to the Terms and Conditions from the first time the Website is used by them following the changes. If Innovation 1st is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by Purchasers in the future.
17. Availability of the Service
17.1. The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
17.2. Innovation 1st accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
18. Limitation of Liability
18.1. To the maximum extent permitted by law, Innovation 1st accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.
18.2. Nothing in these Terms and Conditions excludes or restricts Innovation 1st’s liability for death or personal injury resulting from any negligence or fraud on the part of Innovation 1st.
18.3. Nothing in these Terms and Conditions excludes or restricts Innovation 1st’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Website.
18.4. Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
19. No Waiver
19.1. In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
20. Previous Terms and Conditions
20.1. In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
21. Third Party Rights
21.1. Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and TSBA and its affiliates.
22.1. All notices / communications shall be given to us either by post to our Premises (see address above) or by email to email@example.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
22.2. If you have signed up for our newsletters, Innovation 1st will send you information about our products and/or services. If you do not wish to receive such information, please click on the 'Unsubscribe' link in any email which you receive from us.
23. Law and Jurisdiction
23.1. These Terms and Conditions and the relationship between you and Innovation 1st shall be governed by and construed in accordance with the Law of England and Wales and Innovation 1st and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.