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In these Terms & Conditions, and throughout our Website and other materials, you will see Cafe Racer Kits Limited referred to as ‘CRK’, ‘We’, ‘Us’ and ‘Our’ and similar or equivalent words. We own and operate the Website www.caferacerkits.co.uk (the ‘Website’). ’Customer’, ‘You’ and ‘Your’ and similar or equivalent words means the person who buys, or has agreed to buy, our Products. ‘Website’ means our website and related pages online. ‘Products’ means any item, thing, component, part or service, which is sold or supplied to You by Us (whether manufactured by us or otherwise). Where used, the ‘Motorcycle’ means the Motorcycle to which the Products are fitted.

Headings: The headings in these Terms & Conditions are for convenience only and shall not affect interpretation.

Legislation: Any reference to a statute or statutory provision includes a reference to that statute or statutory provision as amended, extended, or re-enacted from time to time.

Singular and Plural: Words in the singular include the plural and vice versa.

Gender: References to one gender include all genders.

Persons: References to persons include individuals, bodies corporate, unincorporated associations, and partnerships.

Including: The word “including” shall be understood to mean “including without limitation”.

Capitalisation: In these Terms and Conditions, capitalised words have specific meanings as defined. The use of capital letters does not affect interpretation.

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By ordering Products from Us, You are deemed to understand these Terms & Conditions and to accept these Terms & Conditions. These Terms & Conditions apply to any Contract between Us and You for the sale of Products to You (the ‘Contract’), whether any sale is via Our Website or otherwise. Before ordering any Products from Us, read these Terms & Conditions carefully and be sure that You understand them. By placing an order with Us for any Products We sell, You agree to be legally bound by these Terms & Conditions and any documents expressly referred to in them.

We amend these Terms & Conditions from time to time as set out in Clause 7. The date of the most recent revision is shown at the top of these Terms & Conditions. Any time You wish to order Products from Us, please check Our Terms & Conditions and be sure that You understand the terms which will apply to Your purchase at that time.

At the time of writing, these Terms & Conditions, and the Contract between You and Us, are provided English only.

1.       Information about Us

1.1 We are Café Racer Kits Limited, a company registered in England & Wales under company number 8921320. We own and operate the Website www.caferacerkits.co.uk. We are registered for VAT in England under registration 224632821. We are registered with the UK Information Commissioners Office (ICO) under registration ZB089311. Our registered address is Cafe Racer Kits Limited, c/o Wake Smith Solicitors, 1 Velocity, 2 Tenter Street, Sheffield, S1 4BY, United Kingdom.

1.2 We operate online only, and don’t operate from physical retail premises. To contact Us, please email at any time using enquiries@caferacerkits.co.uk or via telephone using +44(0)7849 997 741 or write to us at the address stated above.

2.       Product particulars & availability of Products

2.1 Where shown, any images, diagrams, drawings or similar representations of Products on the Website are for illustrative purposes only. Although We take reasonable efforts to display the Products accurately, We cannot guarantee that Your computer's display accurately reflects the colour or other particulars of the Products. Any Products purchased by You may vary slightly from any images shown by Us on the Website.

2.2 The packaging of Our Products will vary from time to time. In particular, We draw Your attention to Our policy of re-using packaging where possible. Packaging may include re-used boxes, re-used space filling, padding and other similar packaging materials. We have implemented this policy to reduce Our impact on the environment, to reduce waste and to reduce costs.

2.3 All Products shown on Our Website are hand-made by, and / or sourced from, Our suppliers to order. Production and / or sourcing commences when You place an order with Us and We accept that order.

2.4 We do not typically hold stock: Products are produced to order.We do not guarantee, claim or advertise the immediate availability of any Products. The phrase ‘in stock’ (if and when displayed on the Website) indicates that the relevant Product(s) are available to order. It does not indicate the immediate availability from stock of that Product. We clearly state the estimated production (lead) times for each Product on the relevant page(s) of our Website.  

2.5 By placing an order with Us, You confirm that You have read and understood the estimated production timeline for the Products You have ordered, which in no event shall be immediate. Any date given by Us for the delivery of the Products is advisory only as all Our in-house Products are hand-made to Your order.

3.       Your use of Our Website

3.1 Your use of the Website is governed by our Terms of Website Use and Website Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to You.

4.       How We use Your personal information

4.1 We use Your personal information in accordance our Privacy Policy. Please be sure to read and understand Our privacy policy as it contains important terms which apply to You.

5.       Consumer Terms

5.1 You may only purchase Products from Us if You are aged 18 years or older at the time of purchase.

5.2 As a consumer, You have legal rights to cancel your order in some circumstances, and in relation to Products that are faulty or not as described. Advice about Your legal rights is available from Your local Citizens' Advice Bureau or Trading Standards office. Nothing contained in these Terms & Conditions affects Your statutory legal rights.

6.       How the Contract is formed between You and Us

6.1 The ordering process that is made available via the Website or in direct contact with Us allows You to check Your planned purchase before submitting Your order to Us. Please be sure that You have reviewed Your order before you finalise Your purchase with Us.

6.2 When You place an order with us, You will receive a system-generated email from Us to the email address You provided when placing Your order. The first email You will receive from us confirms that We have received your order but does not confirm that We have accepted Your order.

6.3 After reviewing Your order, We will confirm Our acceptance by sending an email to You updating the status of Your order to ‘Processing’ and / or ‘Manufacturing’. The Contract between You and Us will only be formed when We send You this email confirming the status ‘Processing’ and / or ‘Manufacturing’.

6.4 If We are unable to supply You with a Product, e.g. because We no longer produce that Product or We have made an error in the price or other material details, We will contact You via email using the email address You provided to Us at the time of placing Your order. Where You have already paid for the Products, We will refund You to the full value Your order as soon as reasonably practicable.

7.       Our right to change these Terms & Conditions

7.1 We may change these Terms & Conditions from time to time. Changes to these Terms & Conditions are usually made for the following reasons:  

(a) We become aware of a change in the law and / or regulations pertaining to Our business or Products;

(b) We make changes to how we take payments from You;

(c) We change the Products we make available via the Website and / or alter the specifications

7.2 The Terms & Conditions in force at the time You place an order with Us will apply to the Contract between You and Us.

7.3 In accordance with this Clause 7, if We change these Terms & Conditions, we will keep You informed of that fact by stating that these Terms & Conditions have been changed, and by displaying the date of the change at the top of this page on the Website.

8.       Your right of cancellation, return and refund

It is Our mission to provide You with consistently high-quality Products that are free from manufacturing faults and damage. It is also Our policy to be a responsive and reasonable company, and to work constructively and quickly to rectify problems that may arise. In the unlikely event that You wish to return Products supplied by Us, that process will be governed by these Terms and Conditions solely.

As a consumer, You have legal rights in relation to Products that are faulty or not as described. Your legal rights are not affected by Our returns policy set out in this Clause 8. Advice about Your legal rights is available from Your local Citizens' Advice Bureau or Trading Standards office.

8.1  In the event that You wish to return any Products to Us, please contact Us via email to enquiries@caferacerkits.co.uk as soon as possible. When emailing, please quote your order number.

8.2 Under UK Consumer Contracts Regulations, You have the right to cancel Your order for any reason as long as You do so no later than 14 days after the day on which You receive the Products or services. This right to cancel Your order does not apply to Products which are:

(a) made-to-measure or custom-made or otherwise made to your specification or clearly personalised;

(b) newspapers, periodicals or magazines;

(c) perishable goods, such as food or drink; or

(d) software, DVDs or CDs which have a security seal which you have opened or unsealed.

8.3 If You decide to cancel Your order under Clause 8.2, We shall refund to You any sums that You paid for the relevant Products within 14 calendar days of the day on which You give Us written notice of cancellation. We will not be liable for any additional costs incurred by You, such as fitting or installation costs. Our liability is limited to the purchase price of the Products only.

8.4 In the event that You wish to cancel your order and / or return the Products, You agree to take reasonable care of the Products, avoiding damage to them, until they are dispatched to, or collected by, Us.

8.5 In the event that You cancel an order for Products which We have already shipped to You, but have not yet arrived with You, You must not unpack the Products when they are received by You.

8.6 In the event that You cancel your order in accordance with the Clauses 8.1 to 8.5 above:

(a) You must return, and / or cooperate with Us to facilitate the return of, the Products to Us as soon as reasonably practicable;

(b) You will be responsible for the reasonable cost of returning the Products to us or, where relevant, the cost of Us collecting the Products from You;

(c) You are legally obliged to keep the Products in Your possession and to take reasonable care of the Products until they are returned to, or collected by, Us

8.7 The Products that We supply to You are guaranteed to be free of manufacturing defects and faults for a period of 12 months from the date of delivery to You. If We supply Products to You that subsequently develop faults within the 12-month guarantee period, You are entitled to receive from Us a repair or replacement of the Products under that guarantee. We will not be liable for any additional costs incurred by You, such as fitting or installation costs. Our liability is limited to the purchase price of the Products only.

8.8 The 12-month guarantee described in Clause 8.7 above and Our returns policy set out in Clauses 8.1 to 8.6 above both operate in addition to Your legal rights in relation to Products that You have purchased from Us.

8.9 Subject to Clause 8.11 below, if You receive any Products from Us that are not those that You ordered, and You do not wish to accept the Products, We will replace the Products with those that You ordered (if available), or refund to You the price that You paid for the Products. Where We issue You with a refund, this shall be processed solely via the payment method used by You when originally purchasing the Products. We will not be liable for any additional costs incurred by You, such as fitting or installation costs. Our liability is limited to the purchase price of the Products only.

8.10 Subject to the Clauses below, if You receive any Products from Us that are faulty, and You do not wish to accept the Products, We will either repair the Products, or replace the Products or otherwise issue You with a refund, which shall be processed solely via the payment method used by You when originally purchasing the Products.

8.11 In the event that We agree to replace the Products or issue You with a refund under the terms set out in Clauses 8.7 to 8.10 (inclusive) above, this shall in all circumstances be subject to You:

(a) informing Us promptly when You discover that the Products are not as described or are faulty, and in any event within 30 days of discovering such;

(b) giving us reasonable opportunity to inspect the Products ourselves;

(c) returning the Products, or allowing Us to collect the Products from You, provided always that such return or collection is at Our expense

8.12 To the extent permitted by law, We will not be liable for any fault in the Products where the fault is the result of:

(a) fair wear and tear arising from Your use of the Products;

(b) wilful damage by You to the Products after delivery of them to You;

(c) damage caused to the Products caused by Your negligence;

(d) Your failure to comply with Our reasonable instructions supplied or included with the Products;

(e) You modifying or altering the Products;

(f) Your use of the Products for purposes, or in ways, for which they are not intended;

(g) Your (continued) use of the Products having become aware of a fault or issue with the Products;

(h) Your (continued) use of the Products having notified Us of a fault or issue with the Products;

8.13 You are responsible for checking that the Products You receive from Us are:

(a) the Products that You ordered from Us;

(b) free from obvious faults and defects

We will not be liable for any additional costs incurred by You, such as fitting or installation costs. Our liability is limited to the purchase price of the Products only. Nothing in this Clause 8.12 shall affect your statutory rights in respect of any Products supplied to You by Us that are faulty or mis-described.

8.13 Details of Your right to cancel Your order and an explanation of how to exercise it are provided in the Order Confirmation and by following the link www.caferacerkits.co.uk/legal

8.14 Any refunds made by Us will be made solely via the same method used for payment. Where the original payment was by card, any refund will be made to the same card or the same cardholder’s account. We will not be liable for any additional costs incurred by You, such as fitting or installation costs. Our liability is limited to the purchase price of the Products only.

9.       Delivery & Ownership of the Products

9.1 We will make reasonable efforts to fulfil Your order by the estimated delivery date set out in the Order Confirmation. The estimated delivery date is defined as the time it will take Us to manufacture the Products plus the time it takes to deliver the Products to your specified address.  

9.2 If We are unable to meet the estimated delivery date, whether because of an Event Outside Our Control, production issues or otherwise, We will contact You in writing (via email) with a revised estimated delivery date.

9.3 By placing an order with Us, You confirm that you understand that the Products are made to order and are not available from stock for immediate delivery; furthermore, by placing an order with Us, You confirm that you have read, understood and accepted the estimated production timeline relating to the Products displayed on the relevant page(s) of the Website. For the avoidance of doubt, no Products offered for sale by Us are likely to be delivered to You earlier than 15 working days from the date of order.

9.4 Delivery will be completed when We deliver the Products to the address given to Us by You. In the event that We elect, at our sole discretion, to deliver the Products in multiple deliveries, We shall bear the additional costs of postage and packing related to those deliveries, but shall not bear costs such as import duties, sales taxes and similar where the Products are shipped to international destinations (see Clauses 10.1 to 10.4 inclusive).  

9.5 When We ship the Products to You, we will send You a tracking reference via email to the email address provided to Us by You. To the extent such information is provided by the third-party shipping company, the tracking reference will allow You to see the progress of your delivery and the estimated delivery time. If no one is available at Your address to take delivery, the courier/postal service may leave You a note confirming that that they have attempted to deliver the Products. It is Your responsibility to arrange re-delivery or otherwise collect the Products from the relevant courier/postal service. Under no circumstances shall We be liable to You for the availability or otherwise of detailed tracking information, real-time delivery updates or similar.

9.6 Ownership of the Products passes to you once manufacturing is completed and the Products are set aside for you. Full payment must be made upfront before we start manufacturing, unless we agree otherwise in writing. The Products remain the property of Café Racer Kits Limited until they are unconditionally allocated to your order and you have been notified. The risk of loss or damage transfers to you when we ship the Products.

10.   International orders

10.1 We can deliver our Products to countries outside of the United Kingdom. Restrictions may apply to some Products for certain International Delivery Destinations. It is Your responsibility to check if any restrictions may apply before ordering any Products. We are not responsible for any such restrictions that may apply to Products ordered by You.

10.2 If You order Products from Us for delivery to an address outside the United Kingdom, Your order may be subject to import duties and taxes which are applied when the Products cross into the destination country or jurisdiction. You will be required to pay import duties and taxes in addition to the price You pay to Us in connection for Your order. Orders to addresses outside the United Kingdom are not subject to UK sales tax (VAT).

10.3 We have no control over import duties, sales taxes or other additional charges that You may be asked to pay.  You are solely responsible for payment of any and all import duties and taxes in all circumstances. To receive guidance, please contact the customs office in Your country, state or locality before placing Your order.

10.4 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.

11.   Price of Products and Delivery Charges

11.1 Our Website clearly displays the prices of our Products, including applicable UK taxes (but always excluding import duties and taxes as may apply to orders outside of the United Kingdom, in accordance with Clauses 10.2 and 10.3). We take reasonable care to ensure that the prices of Products are correct at the time of ordering. In the unlikely event that we discover an error in the price of Products ordered by You, Clause 11.5 shall apply.

11.2 We reserve the right to change the price of our Products without notice from time to time.  In the event that We change the price of the Products, this shall not apply to any order already placed.

11.3 The prices for Products displayed on the Website include United Kingdom VAT at the rate applicable at the time of order. If You are located outside the United Kingdom, United Kingdom VAT is not displayed or charged and Clauses 10.1, 10.2, 10.3 and 10.4 apply. In the event that the United Kingdom rate of VAT changes between the date You place and order and the date We deliver the Products, We will adjust the amount of VAT You pay, unless You have already paid for the Products in full before the change in VAT takes effect.

11.4 The price of Products displayed on the relevant Products pages of the Website does not include delivery charges unless otherwise stated. Delivery charges, where applicable, are displayed during the Website checkout process and in all cases before You place an order. Delivery charges are also shown on the automated emails You will receive from Us following your order.

11.5 The Website contains a wide range of Products relating to motorcycles. We take reasonable care to ensure that prices displayed on the Website are accurate and correct. Despite Our efforts, it is possible that pricing errors may occur. In the event that We discover or become aware of a pricing error that relates to the Products ordered by You, we will contact you to tell you about it. In these circumstances, You will have the right to continue to purchase the Products at the correct price or to cancel Your order and receive a refund.  We will not continue to process Your order until We have Your instructions. If We cannot contact You using the contact details You provide to Us, We will cancel your order, process a refund, and contact you in writing.

11.6 We are not obligated to manufacture or supply, and shall not manufacture or supply, any Products to You or any person or entity at an incorrect price where an error in that price is, or was, obvious and could reasonably have been identified, or has reasonably been identified, as such. In the event that We elect not to continue with the manufacture or supply of the Products as set out in this Clause 11.6, then Clause 11.5 above shall apply.

12.   How to pay, and Terms relating to Deposits

12.1 Payment for all orders is made via Our Website and / or via an invoice issued directly by Us to You. The payment methods We accept are BACS (bank transfer), credit and debit card and PayPal.

12.2 Payment for Products, and any relevant shipping charges, is in full, in advance, unless We clearly state that another Payment mechanism applies.

12.3 At the time of writing, the only alternative payment mechanism We provide, other than full payment in advance as described in Clause 12.2 above, is where we permit Deposit payments to be made on selected high-value orders. We do not guarantee the availability of Deposit payments either generally or in relation to specific Products, and reserve the right to withdraw the option to make Deposit payments at any time and for any reason.

12.4 Deposit payments are offered at our sole discretion and according to these Terms & Conditions solely. These Terms and Conditions relating to Deposits apply to all transactions between Us and You where We agree to accept a Deposit payment from You pending full payment from You at a later date as specified in clause 12.5 below.  

12.5 Where We offer the option of a Deposit payment to You, the following Terms and Conditions shall apply. These Deposit Terms shall be read in conjunction with Our wider Terms and Conditions of which they are part. By making a Deposit payment, You agree to be bound by these Terms and Conditions:

a)       A non-refundable deposit of 25% of the total purchase price (the “Deposit”) is required to secure the production of Your Products. The Deposit must be paid by You at the time of placing Your order;

b)      Upon cleared receipt of Your Deposit payment, We will commence the production of the Products You have ordered from Us. The estimated production lead time will be provided at the time of Your order, and is visible on every Product page on our Website. Lead times may vary depending on the complexity and size of your order, and current demand;

c)       The remaining balance of the total purchase price (the “Balance”) must be paid in full by You, prior to shipping. We will notify You when your Products are ready to be shipped, and You must pay the Balance within seven (7) days of receiving this notification. Failure by You to pay the Balance within seven (7) days of receiving this notification from Us may result in delays to the shipping of Your order or the cancellation of Your order;

d)      Once You have paid the Balance in full, your Products will be shipped to the address provided at the time of order. Shipping times may vary depending on the address to which the order is being shipped. Shipping fees are calculated at the time of Your order. For orders to destinations outside the United Kingdom, You agree that You shall be responsible for any and all import taxes and duties and local sales taxes as may apply to your order as set out in clauses 10.1 to 10.4 inclusive;

e)      Any Deposit paid by You to Us is non-refundable, except:

a.       Where We are unable to fulfil Your order;

b.       Where You wish to cancel your order within 14 days of receiving the Products, clauses 8.1 to 8.14 inclusive shall apply

f)        We may, at our sole discretion, accept changes to Your order where that change is communicated to us in writing. If You request changes to your order, You agree that this may incur additional costs, which We will confirm to You in writing, and obtain Your agreement to in writing, before becoming final. Additional costs are payable by You prior to the shipping of your order;

g)       We shall not be liable for any indirect, incidental, or consequential damages arising out of or in connection with, these Terms and Conditions. Our total liability to you shall not exceed the amount of the Deposit paid.

13.   Our Liability to You

13.1 To the extent permitted by law, we shall not be liable for any indirect, incidental, or consequential damages arising out of or in connection with these Terms and Conditions. Our total liability to You shall not exceed the amount paid to Us by You in connection with your order.

13.2 We may be liable to you if We fail to comply with these Terms & Conditions, or We are responsible for genuine loss or damage suffered by You that was a foreseeable result of Our breach of these Terms & Conditions or where We are negligent.  We are not liable for any loss or damage that is not foreseeable. Loss or damage is foreseeable if such loss or damage was an obvious consequence of Our breach or if the consequences were contemplated by You and Us at the time we entered into the Contract.

13.3 We supply our Products to private and domestic end-user consumers solely. We do not sell to the trade or professional or corporate bodies. You agree not to use our Products for any commercial, business or re-sale purposes, and further agree that We will have no liability to you whatsoever for any loss of profit, loss of business, business interruption, or loss of business opportunity.

13.4 To the extent permitted by law, We do not accept any liability for any failure or fault in any Products arising as a result of You adapting or modifying our Products in any way. By ordering, fitting and using our Products, You agree that You shall not modify or adapt Our Products and that to do so would make Us not liable to You, to the extent permitted by law.

13.5 We do not in any way exclude or limit Our liability for:

a)       death or personal injury caused by our negligence;

b)      fraud or fraudulent misrepresentation;

c)       any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

d)      any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and

e)      defective products under the Consumer Protection Act 1987.

14.   Events Outside Our Control

14.1 We will not be liable or responsible for any failure to perform, or delay in the performance of, any of Our obligations under a Contract caused by an Event Outside Our Control, as defined below in Clause 14.2.

14.2 An Event Outside Our Control means any act or event beyond Our reasonable control, including (without limitation) strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

14.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under a Contract:

a)       We will contact You as soon as reasonably possible to notify You; and

b)      Our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our delivery of Products to You, We will arrange a new delivery date with You after the Event Outside Our Control is over.

15.   Communication Between You and Us

15.1 Reference to, or the use of the phrase, ‘in writing’ shall include email.

15.2 In certain circumstances, You have the legal right to cancel a Contract with Us, as set out in these Terms & Conditions. To do so, You must contact Us by sending an email to enquiries@caferacerkits.co.uk clearly stating Your order reference. Alternatively, You can send a letter to Café Racer Kits, c/o Wake Smith Solicitors, No.1 Velocity, 2 Tenter Street, Sheffield, S1 4BY. When writing, clearly state Your order reference. You may wish to keep a copy of Your cancellation notification for Your own records. If You send Us a cancellation notice by email or by post, Your cancellation is effective from the date You send Us the email or post the letter.

15.3 You can contact Us at any time and for any reason by emailing enquiries@caferacerkits.co.uk, or by writing to Café Racer Kits, c/o Wake Smith Solicitors, No.1 Velocity, 2 Tenter Street, Sheffield, S1 4BY.

15.4 If We contact You or give You notice in writing, We will do so by email in the first instance.

16.   Other Important Terms

16.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect Your rights or our obligations under these Terms. If this happens, We will always notify You by posting a clear message on the Website.

16.2 You cannot transfer Your rights or obligations under these Terms & Conditions to another person unless We agree in writing beforehand.

16.3 This Contract is between You and Us, solely. No other person shall have any rights to enforce any of its terms.

16.4 Each of the paragraphs of these Terms & Conditions operates separately. In the event that any Term or Condition is determined by a lawful and competent authority to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms & Conditions are intended to be effective, it shall be severed and deleted from these Terms. All other Terms & Conditions shall remain in force and continue to be binding and enforceable.

16.5 If We don’t insist that You perform Your obligations under these Terms, or if We don’t enforce Our rights against You, or if We delay in doing so, it shall not mean that We have waived Our rights against You and will not mean that You do not have to comply with Your obligations under these Terms & Conditions and / or the Contract between us. If We do elect to waive a default by You, We will only do so in writing. In the event that we do elect to waive a default by You, that will not mean that We will automatically waive any later default by You.

16.6 These Terms & Conditions are governed by English law. This means a Contract for the purchase of Products through the Website and any dispute or claim arising out of or in connection with it will be governed by English law. You and We both agree that the courts of England and Wales will have exclusive jurisdiction.

16.7 We will not file a copy of the Contract between You and Us.