Terms and Conditions

1. The Contract for Custom-Built Simulators

The process for purchasing a custom-built simulator is conducted offline to ensure every detail of your bespoke build is captured accurately. The process of forming a legally binding contract between you and us is as follows:

• Website as an "Invitation to Treat": The product listings, configurations, and prices displayed on our Website are not a formal offer to sell. They are an "invitation to treat," which means they are an invitation for you to make us an offer by requesting a quote.
• Requesting a Quote (Your Enquiry): Your journey begins when you configure your desired simulator on our Website and submit your request via the "Get a Quote" button and our "Contact Us" page. This action is an expression of interest, not a binding offer.
• Our Formal Quote (The Offer): Following your enquiry, we will contact you via email to finalise the details. We will then provide you with a formal, detailed written quote. This quote is our legal "offer" to you. It will contain the final agreed specifications, the total price (including VAT and any delivery charges), payment terms, and an estimated build and delivery timeline. The quote will be valid for a specified period (e.g., 30 days).
• Your Acceptance (Contract Formation): A legally binding contract between you and us is formed only when you provide a clear, written acceptance of our formal quote via email and pay the required deposit as specified in the quote.

By accepting our quote, you confirm that you are at least 18 years old and are legally capable of entering into a binding contract.

2. The Contract for On-Site Simulator Experiences

The process for booking an on-site simulator experience at our York facility is as follows:

• Booking Process: Bookings for our on-site experiences are made exclusively through our third-party booking partner, SimplyBook.me. Our Website will direct you to their platform to select your desired date and time and to complete your booking.
• Contract Formation: A legally binding contract for the on-site experience is formed between you and us when you complete the booking process on the SimplyBook.me platform and receive a booking confirmation email from them on our behalf.
• Third-Party Terms: By making a booking, you acknowledge that you are using the SimplyBook.me platform. The transaction is therefore subject to their terms of service and privacy policy in addition to these Terms. We are responsible for delivering the experience you have booked; SimplyBook.me is responsible for the functionality of the booking platform and the processing of your payment.
• Scope of Service: The contract entitles you to use the specified simulator(s) for the booked duration (e.g., 60-minute sessions) at our York facility on the confirmed date and time.

3. Our Products and Services

Custom-Built Simulators

We take all reasonable care to ensure that the descriptions, specifications, and images of our simulators on the Website are accurate. 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. While we make every effort to display colours and finishes accurately, we cannot guarantee that your device's display will perfectly reflect the colour of the products. Your final product may vary slightly.
• Final Specification: The definitive specification of your custom-built simulator will be that which is detailed in the formal, written quote that you accept.

On-Site Simulator Experiences

We provide access to professional-grade motion simulators at our York facility for a fixed duration as booked. The experience includes the use of high-end equipment such as D-Box motion platforms, 4K triple-screen displays, SimuCube Pro direct drive wheelbases, and Sparco Pro racing seats. A briefing on the use of the equipment will be provided before your session begins.

4. Pricing, Quotes, and Payment

Custom-Built Simulators

• Pricing: Prices displayed on the Website are indicative, based on standard configurations, and are provided for guidance only. They are exclusive of VAT and delivery costs unless explicitly stated otherwise.
• Binding Quote: The final, binding price for your custom-built simulator will be detailed in our formal written quote. This quote will provide a full breakdown of costs, including the simulator components, assembly, VAT, and any applicable delivery charges.
• Payment: Payment is not taken through the Website. The payment schedule and methods (e.g., bank transfer) will be specified in our formal quote.

On-Site Simulator Experiences

• Pricing: Prices for our on-site experiences are as advertised on our Website and on the SimplyBook.me booking page (e.g., £40 per hour). Prices are inclusive of VAT.
• Payment: Payment is required in full at the time of booking and is processed securely by our booking partner, SimplyBook.me.

5. Delivery and Support (Custom-Built Simulators)

• Delivery: We will provide you with an estimated delivery date in our formal quote. Please note that all delivery dates are estimates and are not guaranteed. We shall not be liable for any delays in delivery caused by events outside our reasonable control.
• Responsibility for the Goods (Risk): In line with the Consumer Rights Act 2015, the simulator will become your responsibility from the time you (or a third party nominated by you) acquire physical possession of it.
• Ownership of the Goods (Title): Ownership of the simulator will only pass to you once we have received payment in full for all sums due, including all applicable delivery charges.
• 12-Month Support Package: Every simulator comes with a 12-month support package. This includes up to five expert support calls to assist with technical queries, software configuration, and general guidance. This support is provided remotely and is subject to the terms outlined in our Warranty section below.

6. On-Site Simulator Experience: Your Obligations

To ensure a safe and enjoyable experience for everyone, you agree to the following conditions when attending our facility:

• Arrival and Briefing: You must arrive at least 10 minutes before your scheduled booking time to allow for check-in and to receive a mandatory safety and operational briefing. Late arrival may result in a shortened session time.
• Health and Safety: The motion simulators can create realistic g-force feedback. By booking, you confirm that you are in good health and do not suffer from any medical conditions that could be aggravated by the experience, including but not limited to heart conditions, epilepsy, back or neck problems, or motion sickness. If you are pregnant or have any doubts, please consult a doctor before booking. You participate at your own risk.
• Conduct: You must follow all verbal and written instructions from our staff at all times. We reserve the right to end a session immediately and without a refund if a customer's conduct is deemed to be unsafe, disruptive, abusive, or if they appear to be under the influence of alcohol or drugs.
• Liability for Damage: You will be held financially responsible for any damage to our simulators or property that is caused by your deliberate misuse, negligence, or failure to follow the instructions provided by our staff.

7. Your Right to Cancel

Custom-Built Simulators

Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, consumers normally have a 14-day "cooling-off" period to cancel contracts for goods bought at a distance. However, this right to cancel does not apply to our custom-built simulators.

This is because the simulators are bespoke goods, "made to the consumer's specifications" and are "clearly personalised." You select your performance tier and "pick and choose your components" to create a setup "tailored to your preferences". As such, once you have accepted our formal quote and paid your deposit, the order is final and cannot be cancelled.

On-Site Simulator Experiences

You may cancel or reschedule your booking and receive a full refund provided you give us at least 48 hours' notice before your scheduled session time. Cancellations made with less than 48 hours' notice, or failure to attend your booking ("no-show"), will not be eligible for a refund or rescheduling.

8. Your Statutory Rights for Faulty Goods and Services

For Goods (Custom-Built Simulators)

Under the Consumer Rights Act 2015, the goods we supply must be: of satisfactory quality, fit for a particular purpose, and as described. If your goods do not meet these standards, you have the following remedies:

• Within 30 Days: If your simulator is faulty, you have a short-term right to reject it and claim a full refund within 30 days of taking ownership.
• After 30 Days (up to six months): If a fault is discovered after 30 days, you must give us one opportunity to either repair or replace the faulty item. During this period, any fault is presumed to have been present at the time of purchase unless we can prove otherwise.
• After an Unsuccessful Repair/Replacement: If our one attempt at repair or replacement is unsuccessful, you are then entitled to a price reduction or a final right to reject the goods and claim a refund (which may be subject to a deduction for use).

For Services (On-Site Experiences)

Under the Consumer Rights Act 2015, the services we provide must be carried out with reasonable care and skill. If our service does not meet this standard (e.g., the equipment is not functioning correctly due to our failure to maintain it), you may be entitled to a remedy, such as a repeat performance of the service or a price reduction.

9. Our Warranty (12-Month Support Package)

The benefits of our 12-Month Support Package 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.

• Coverage: The package provides remote technical assistance for the simulator system as a whole for 12 months from the date of delivery. This includes up to five substantive support calls for help with software configuration, troubleshooting, and operational guidance.
• Exclusions: This warranty does not cover:
  • Hardware failures of individual components. These are covered by the respective manufacturer's warranty, and we will assist you in facilitating a claim.
  • Damage resulting from improper use, abuse, neglect, accidents, or unauthorised modifications.
  • Issues arising from third-party software or hardware not supplied by us.
  • On-site support visits.

10. Limitation of Our Liability

Nothing in these Terms shall limit or exclude our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) breach of the terms implied by the Consumer Rights Act 2015; or (d) any matter in respect of which it would be unlawful for us to exclude or restrict liability.

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. We are not responsible for any loss or damage that is not foreseeable.

We supply our products and services for domestic and private use only. You agree not to use our products or services for any commercial, business, or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

In relation to our on-site experiences, while we take all reasonable measures to ensure a safe environment, we shall not be liable for any injury, loss, or damage sustained by you if it results from your failure to follow our safety instructions or from your failure to disclose a relevant medical condition.

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 shall in no circumstances exceed the total price of the products or services you have purchased.

11. Privacy and Your Personal Information

We are committed to protecting your privacy. We will only use your personal information as set out in these Terms and in our Privacy Policy.

• Website Analytics: We use the privacy-focused analytics tool Umami (`umami.is`) to understand website traffic. Umami does not use any cookies and does not collect any personally identifiable information. All data collected is anonymised, ensuring your browsing remains private.
• Booking Information: For on-site experience bookings, we use the third-party service SimplyBook.me. In this relationship, we are the "Data Controller," and SimplyBook.me acts as our "Data Processor". To manage your booking, we must share necessary personal information (such as your name and email address) with them. This data is used solely for the purpose of managing your booking, including sending confirmation and reminder emails, in line with GDPR principles. For more information, please see SimplyBook.me's privacy policy.
• Quote and Order Information: When you request a quote or we create a contract for a custom-built simulator, we collect personal data (such as your name, address, email, and phone number) to manage your enquiry and fulfil our contractual obligations. This information is held securely and is not used for marketing purposes without your explicit consent.

12. 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 us. These rights are protected by copyright, trademark, and other intellectual property laws. 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.

13. 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.
• Severability: Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, 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 all previous agreements, promises, and understandings between us.
• Changes to These Terms: We reserve the right to amend these Terms from time to time. The Terms in force at the time you accept our quote or make your booking will apply to the contract between you and us.
• Governing Law and Jurisdiction: These Terms 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.