Terms
& Conditions
Automotive Components UK
CONSUMER TERMS OF SALE
PLEASE READ THESE TERMS OF SALE
CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF
THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE
1. Format of the Contract
1.1 These terms of
sale apply to all goods supplied by Automotive Components
UK, PO Box 191, Oswestry, Shropshire, SY110 1AP (the "Supplier").
1.2 No contract exists between you and
the Supplier for the sale of any goods until the Supplier
has received and accepted your order.
1.3 We do have the right to terminate the
contract in the event that the goods are unavailable, mispriced
or cleared funds are not received.
1.4 The contract is subject to your right
of cancellation (see below).
1.5 The Supplier may change these terms
of sale without notice to you in relation to future sales.
2. Description and price of the
goods
2.1 The description
and price of the goods you order will be as shown on the
Suppliers website at the time you place your order.
2.2 The goods are subject to availability.
If on receipt of your order the goods you have ordered are
not available in stock we will not accept your order. If
after acceptance or job order the Supplier discovers within
[14 days] of our acceptance of your order that the goods
are unavailable we may terminate the contract and refund
or re-credit you for any sum that has been paid by you or
debited from your credit card for the goods.
2.3 Every effort is made to ensure that
prices shown on the Suppliers website are accurate at the
time you place your order. If an error is found within 14
days of accepting your order, the Supplier will inform you
as soon as possible and offer you the option of reconfirming
your order at the correct price, or cancelling your order.
If the Supplier does not receive an order confirmation within
14 days of informing you of the error, the order will be
cancelled automatically. If you cancel the order, or if
the order is cancelled automatically due to the expiry of
the 14 day period, the Supplier will refund or re-credit
you for any sum that has been paid by you or debited from
your credit card for the goods.
2.4 In addition to the price, you may be
required to pay a delivery charge for the goods.
3. Payment
3.1 Payment for the
goods and delivery charges can be made by any method shown
on the Suppliers website at the time you place your order.
Payment shall be due before the delivery date and time for
payment shall be a fundamental term of this agreement, breach
of which shall entitle the Supplier to terminate the contract
immediately.
3.2 There will be no delivery until cleared
funds are received.
3.3 Payments shall be made by you without
any deduction whatsoever unless you have a valid court order
requiring an amount equal to such deduction to be paid by
the Supplier to you.
4. Delivery
4.1 The goods you
order will be delivered to the address you give when you
place your order, except that some deliveries are not made
outside the United Kingdom.
4.2 Orders placed before 1.00 pm on a working
day will be processed that day and will be delivered as
per the requested delivery option provided no additional
security checks are required and all stock items are available.
(A working day is any day other than weekends and bank or
other public holidays.)
4.3 If delivery cannot be made to your
address for reasons under the Suppliers control the Supplier
will inform you as soon as possible.
4.4 If you deliberately fail to take delivery
of the goods (otherwise than by reason of circumstances
under control of the Supplier) then without prejudice to
any other right or remedy available to the Supplier , the
Supplier may:
4.4.1 store the goods until
actual delivery and charge you for reasonable costs (including
insurance) of storage; or
4.4.2 sell the goods at the
best readily obtainable price and (after deducting all reasonable
storage and selling expenses) account to you for any excess
over the price you agreed to pay for the goods or charge
you for any shortfall below the price you agreed to pay
for the goods.
4.5 If you fail to take delivery because
you have cancelled your contract under the Distance Selling
Regulations the Supplier shall refund or re-credit you within
30 days for any sum that has been paid by you or debited
from your credit card for the goods. On exercising your
right to cancel you shall be required to return the goods
to the Supplier. Should you fail to return the goods, the
Supplier reserves the right to deduct any direct costs incurred
by the Supplier in retrieving the goods as a result of such
failure.
4.6 Every effort will be made to deliver
the goods as soon as possible after your order has been
accepted. However, the Supplier will not be liable for any
loss or damage suffered by you through reasonable or unavoidable
delay in delivery. In this case, the Supplier will inform
you as soon as possible.
4.7 Upon receipt of your order you will
be asked to sign for the goods received in good condition.
If the package does not appear to be in good condition then
please refuse the delivery. If you are unable to check the
contents of your delivery at the point of delivery then
please sign for the parcel as "UNCHECKED". Failure
to do so may affect any warranty claims that you make thereafter.
5 Risk/Title
5.1 The goods are
at your risk from the time of delivery.
5.2 Ownership of the goods shall not pass
to you until the Supplier has received in full (cleared
funds) all sums due to it in respect of:
5.2.1 the goods,
and
5.2.2 all other
sums which are or which become due to the Supplier from
you on any account.
5.3 The Supplier shall be entitled to recover
payment for the goods even though ownership of any of the
goods has not passed from the Supplier.
6. Title for Business Customers
6.1 If you are a business
customer until ownership of the goods has passed to you,
you must:
6.1.1 store the
goods (at no cost to the Supplier) separately from all your
other goods and goods of any third party in such a way that
they remain readily identifiable as the Suppliers property;
6.1.2 not destroy,
deface or obscure any identifying mark or packaging on or
relating to the goods; maintain the goods in satisfactory
condition and keep them insured on the Suppliers behalf
for their full price against all risks to the reasonable
satisfaction of the Supplier. On request you shall produce
the policy of insurance to the Supplier; and
6.1.3 hold the
proceeds of the insurance referred to in condition 6.1.2
on trust for the Supplier and not mix them with any other
money, nor pay the proceeds into an overdrawn bank account.
6.2 If you are a business customer your
right to possession of the goods shall terminate immediately
if:
6.2.1 you have
a bankruptcy order made against you or make an arrangement
or composition with your creditors, or otherwise take the
benefit of any statutory provision for the time being in
force for the relief of insolvent debtors, or (being a body
corporate) convene a meeting of creditors (whether formal
or informal), or enter into liquidation (whether voluntary
or compulsory) except a solvent voluntary liquidation for
the purpose only of reconstruction or amalgamation, or have
a receiver and/or manager, administrator or administrative
receiver appointed of its undertaking or any part thereof,
or a resolution is passed or a petition presented to any
court for your winding up or for the grant-ing of an administration
order in respect of you, or any proceedings are commenced
relating to your insolvency or possible insolvency; or
6.2.2 you suffer
or allow any execution, whether legal or equitable, to be
levied on your property or obtained against you or you are
unable to pay your debts within the meaning of section 123
of the Insolvency Act 1986 or you cease to trade; or
6.2.3 you encumber or
in any way charge any of the goods.
7. Your right of cancellation
7.1 You have the right
to cancel the contract at any time up to 10 days after you
receive the goods (see below). Please note that this policy
has some limitations and does not apply to business customers.
7.2 to exercise your right of cancellation,
you must give written notice to the Supplier by post, giving
details of the goods ordered and (where appropriate) their
delivery. Notification by phone is not sufficient.
7.3 Except in the case of faulty or misdescribed
goods, if you exercise your right of cancellation after
the goods have been delivered to you, you will be responsible
for returning the goods to the Supplier at your own cost.
The goods must be returned to the address shown within the
Returns section of the website. You must take reasonable
care to ensure the goods are not damaged in the meantime
or in transit. In the case of faulty or misdescribed goods
we shall, after receiving notification in accordance with
clause 8.3 or 8.4, ask you to return the goods yourself
and possibly refund you the reasonable postage costs.
7.4 Once you have notified the Supplier
that you are cancelling the contract, the Supplier will
refund or re-credit you within 30 days for any sum that
has been paid by you or debited from your credit card for
the goods.
7.5 Except in the case of faulty or misdescribed
goods, if you do not return the goods as required, the Supplier
may charge you a sum not exceeding the direct costs of recovering
the goods.
7.6 You do not have the right to cancel
the contract if the order is for consumable goods which,
by their nature, cannot be returned, save where a fault
is discovered which could not have been discovered otherwise
than by unsealing the goods.
8. Warranty
8.1 All goods supplied
by the Supplier are warranted free from defects for 12 months
from the date of supply (unless otherwise stated). This
warranty does not affect your statutory rights as a consumer.
8.2 This warranty does not apply to any
defect in the goods arising from fair wear and tear, willful
damage, accident, negligence by you or any third party,
use otherwise than as recommended by the Supplier, failure
to follow the Suppliers instructions, or any alteration
or repair carried out without the Suppliers approval.
8.3 If the goods supplied to you are damaged
on delivery, you should notify the Supplier in writing within
7 working days. (Please note that this is 48hrs for our
business customers)
8.4 If the goods supplied to you develop
a defect while under warranty or you have any other complaint
about the goods, you should notify the Supplier in writing,
as soon as possible, but in any event within 14 days of
the date you discovered or ought to have discovered the
damage, defect or complaint.
9. Limitation of Liability
9.1 Subject to 9.2
below, if you are a consumer the Supplier shall not be liable
to you for any loss or damage in circumstances where:
9.1.1 there is
no breach of a legal duty owed to you by the Supplier or
by its employees or agents;
9.1.2 such loss
or damage is not a reasonably foreseeable result of any
such breach;
9.1.3 any increase
in loss or damage resulting from breach by you of any term
of this contract.
9.2 Nothing in these conditions excludes
or limits the liability of the Supplier for death or personal
injury caused by the Suppliers negligence or fraudulent
misrepresentation.
9.3 If you are a business customer the
Supplier shall not be liable to you for any indirect or
consequential loss or damage (whether for loss of profit,
loss of business, depletion of goodwill or otherwise), costs,
expenses or other claims for consequential compensation
whatsoever (howsoever caused) which arise out of or in connection
with this agreement.
10. Data Protection
The Supplier will take all reasonable
precautions to keep the details of your order and payment
secure but unless the Supplier is negligent, the Supplier
will not be liable for unauthorized access to information
supplied by you.
11. Images
Product images are for illustrative
purposes only and may differ from the actual product.
These terms of sale and the supply of the goods will be
subject to English law and the English courts will have
jurisdiction in respect of any dispute arising from the
contract, save that consumers resident in Scotland shall
have the right to insist upon these terms being construed
in accordance with the laws of Scotland and to submit to
the jurisdiction of Scottish courts.
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