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Conditions of Use
As a Guest user you may browse all pages of this website at will. This website and the images contained within it are the copyright of Auto Essentials Limited. You may not copy or reproduce the images or text without prior written permission of Auto Essentials Limited.
To make a purchse from the website, you will need to register as a user. By registering on the web site, you agree to be bound by these Conditions of Use and the following Terms and Conditions of Sale. You must download and retain these Conditions of Sale for your future reference.
Auto Essentials Limited Terms and Conditions of Sale
1. Introduction
1.1. These are the Standard Terms and Conditions of Sale of Auto Essentials Limited; a company registered in England having its registered address at 13 The Parade, High Street, Frimley, Surrey, GU16 7HY.
1.2. In these Terms and Conditions of Sale the following expressions shall have the following meanings:
1.2.1.1. "The Company" means Auto Essentials Limited. Registered in England No. 4549345.
1.2.1.2. "The Customer" means the person firm or company offering to buy goods from The Company.
1.2.1.3. "Web Site" our presence on the world wide web, currently accessible via the web address www.auto-essentials.co.uk
1.2.1.4. "Goods" means the goods or materials including any instalment of the goods or any parts for them which are available for purchase from the Web Site that the Customer is buying or offering to buy.
1.2.1.5. "Check-Out" means the process of completing an order on the Web Site to include the specifying of the address and contact details of The Customer and the delivery address to which the Goods are consigned to and making payment for the Goods via an accepted payment method
1.2.1.6. "Payment Processor" means the organisation selected by The Company to electronically process payments on behalf of The Company during the Check-Out process. Where The Company has set up more than one Payment Processor on the Web Site, The Customer may choose a Payment Processor acceptable to them.
1.2.1.7. "Conditions" means the standard Terms and Conditions of Sale set out in this document.
1.2.1.8. "Distance Selling Regulations" means The Consumer Protection (Distance Selling) Regulations 2000
1.2.1.9. "We" means The Company.
1.3. For the avoidance of doubt, these Conditions shall apply only to purchases of goods and materials purchased from the Auto Essentials Limited Web Site. These Conditions shall not apply to purchases of goods or materials in person from our retail premises or for goods or materials delivered from our warehouse to our trade customers.
1.4. By placing an Order and purchasing Goods from The Company via the Web Site you enter into a legally binding agreement with The Company on the following Conditions. You should read and understand these Conditions because they affect your rights and liabilities.
2. Suitability
2.1. The Customer is responsible for ensuring that the Goods described on the Web Site meets with their requirements prior to placing an order. If The Customer is uncertain as to the suitability then they must not order the Goods without first consulting by email, letter, fax or telephone with The Company as to the suitability of the Goods.
2.2. The Customer may not sell, install, alter, change or use the product in any way which does not comply with the Manufacturers specifications.
3. Pricing
3.1. Prices displayed on the Web Site include Value Added Tax at the standard rate for the United Kingdom. The price displayed is in Pounds Sterling £GBP and will be applied to all purchases by The Customer within the European Community Member States. Where a delivery address is for a country outside of the European Community, the Value Added Tax will be removed from the price either when The Customer has registered or logged in to the Web Site or when a new Customer has specified the delivery address to a Country outside of the European Community during the Check-Out process.
3.2. A Value Added Tax (VAT) invoice bearing The Company’s VAT number GB 803 2165 70 will be included with the Goods
3.3. We reserve the right to amend prices on the Web Site at any time for any reason. We will not change the price on Goods once the Check-Out process has been completed by The Customer.
3.4. The Web Site calculates the actual weight of the Goods and presents The Customer with delivery price options during the Check-Out process. Once a delivery method has been selected and the Check-Out process completed, then the price of the delivery of the Goods cannot be changed by The Company or The Customer.
3.5. For deliveries to Countries outside of the European Community, there may be local taxes or duties applied to the importation of the Goods by the relevant authorities of the Country. These additional taxes or duties must be borne by The Customer at the point of importation. The carrier of the Goods may also impose charges for the cost of administering the importation of the Goods into the Country this cost must also be borne by The Customer. The Company is not responsible for any of these costs and any costs placed on The Company by the designated carrier of the Goods will be recovered from The Customer.
3.6. The price of Goods displayed on the Web Site is only valid for purchases made via the Web Site. The price of the Goods in our retail outlet may be higher or lower than the price offered on the Web Site.
4. Payment
4.1. Payment in full for Goods and delivery charges is taken via an accepted method during the Check-Out process. All payments are in Pounds Sterling (£GBP). Where The Customer uses a payment service that does not use Pounds Sterling as the base currency, then all costs associated with converting from The Customer’s base currency into Pounds Sterling will be borne by The Customer.
4.2. The Check-Out process is not complete and there is no contract in place between The Company and The Customer until the Payment Processor has confirmed the transfer of funds to The Company.
5. Delivery
5.1. Delivery will be made using the delivery service selected during the Check-Out process. Goods are normally dispatched within twenty four hours of placing an order except for weekends and UK Bank Holidays. Where We are unable to dispatch an order within three working days of receipt, We will contact The Customer with an expected dispatch date and the option to cancel the order and receive a full refund if this dispatch date is not acceptable.
5.2. All delivery dates are estimates given in good faith by The Company to indicate delivery times but shall not amount to any contractual obligation to deliver at the time stated. The Company will accept no liability for or consequential loss or damage arising from delay in delivery. We dispatch goods via various recognised domestic and international carriers.
5.3. Where a delivery fails due to The Customer not being present, all subsequent costs of re-delivery imposed by the carrier will be borne by The Customer. The Company reserves the right to levy an administration fee in this circumstance.
5.4. Deliveries will be made to the delivery address specified at the time of Check-Out. Goods purchased on the Web Site cannot be collected by The Customer under any circumstances.
6. Orders
6.1. Orders for Goods made on the Web Site are accepted by The Company once the Payment Provider has confirmed the transfer of funds to The Company and has confirmed The Customer’s address is valid. We use information from the Payment Provider to assist in identifying fraudulent transactions. Where we suspect that an order may be fraudulent, we will endeavour to contact The Customer to confirm the validity of the order. This process is for the protection of The Customer.
7. Security
7.1. The Customer is responsible for the security of the password that allows access to the Web Site. Unless We have negligently disclosed the password to a third party, We will not be liable in relation to any unauthorised transaction entered into using the Web Site under The Customer’s user name and password.
8. Damage or Loss in Transit
8.1. The Company will repair or replace free of charge goods damaged in transit provided that The Company receives written notification of such damage within twenty four hours of delivery. Goods received in a damaged or unsatisfactory condition must be signed for as such with the carrier. Goods that are not signed for as damaged cannot be repaired or replaced by The Company.
8.2. Goods dispatched via the Royal Mail cannot be considered to be lost in transit until a period of fifteen working days has elapsed. We cannot undertake any replacement of Goods during this time. Following the expiry of this time, The Customer agrees to provide information as appropriate and in a timely manner to the Royal Mail and or The Company to recover the cost of the lost Goods from the Royal Mail. The Company will replace the Goods at no cost to The Customer once the fifteen working days has elapsed
8.3. On receipt, goods should be checked with the invoice enclosed with the goods. Shortage claims will only be considered if The Company receives written notification of such shortage within 24 Hours of delivery, failing which no liability will be admitted. The packing and contents should be retained by The Customer for inspection by The Company or its agents.
9. Cancellations and Returns
9.1. Except as detailed in clause 8.2 the Distance Selling Regulations apply to all Goods sold via the Web Site to individuals whose delivery address is in a member state of the European Community.
9.1.1. The Customer has the right to cancel the order within seven days of receipt of the Goods. Cancellation must be done in writing to The Company via letter fax or email quoting the invoice number of the original consignment.
9.1.2. The Customer must return the Goods with the original packaging in a saleable condition using a signed for on delivery service at their cost. The company cannot accept responsibility for Goods returned for which there is no independent proof of delivery.
9.1.3. The Company will refund the full value of the Goods including the original delivery cost.
9.2. The Distance Selling Regulations do not apply to any companies or businesses in any country or any individual who takes delivery at an address not in a member state of the European Community. Clauses 9.1.1, 9.1.2 and 9.1.3 do not apply to the sale of Goods to these entities.
10. Warranty
10.1. All Goods supplied under these Conditions carry a manufacturer’s warranty of twelve months from the date of dispatch. Goods which fail during this warranty period may be returned for repair or replacement under warranty. Please see the shipping and returns procedure for details on the process of returning items that are the subject of a warranty claim.
10.2. The Conditions of this contract do not affect any additional rights you may have under a manufacturer’s warranty/guarantee. These are rights given to you by the manufacturer in addition to your statutory rights. Any additional rights given to you by the manufacturer in respect of Goods purchased are not incorporated into this contract.
10.3. As a consumer you have statutory rights regarding the return of defective Goods and claims in respect of losses caused by any negligence on our part or our failure to carry out our obligations. The Conditions of this contract do not affect your statutory rights.
11. Exclusion of Liability
11.1. To the fullest extent permitted by law We exclude all liability to The Customer for any:
11.1.1. loss of business;
11.1.2. loss of goodwill;
11.1.3. loss of data;
11.1.4. loss of opportunity;
11.1.5. loss of profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or We were advised of the possibility of such loss); and
11.1.6. losses that were not reasonably foreseeable by both parties at the time this Agreement was entered into.
11.2. Nothing in this Agreement excludes or limits:
11.2.1. our liability to you for any death or personal injury resulting from our negligence; or
11.2.2. any of your other statutory rights as a consumer that cannot be excluded or limited.
12. General
12.1. The Conditions set out in this document represent the entire agreement between The Customer and The Company and supersede any previous representations or agreements whether recorded in writing or otherwise.
12.2. These terms and conditions are governed by and will be construed in accordance with English law. Each party submits to the exclusive jurisdiction of the Courts of England and Wales.
12.3. The headings in this Agreement are included for convenience only and shall not affect its interpretation. |
