TERMS AND CONDITIONS OF SALE FOR BUYERS USING THE SITE

OF

Online Automotive Limited

1 DEFINITIONS

1.1 "Buyer" means the individual or organisation who buys, or agrees to buy, the Goods from the Seller;

1.2 "Consumer" shall have the meaning ascribed in section 12 of the UK’s Unfair Contract Terms Act 1977;

1.3 "Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;

1.4 "Goods" means the articles that the Buyer agrees to buy from the Seller;

1.5 "Seller" is Online Automotive Limited trading from The Forge, Blisworth Hill Farm, Blisworth, Northants, NN7 3DB. The registered office of Online Automotive Limited is Chantrey Vellacott, Derngate Mews, Derngate. Northampton. Northants. NN1 1UE. Company place of registration is England & Wales - 5826105. Online Automotive Limited is also the website address www.onlineautomotive.co.uk and any sub domains or derivatives thereof.

1.6 "Terms and Conditions" means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller;

1.7 Website" means this website

1.8 The Website owner is Online Automotive Limited.

1.9 A person who is not a party to this Contract has no rights under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce this contract.

2 CONDITIONS

2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.

2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.

2.3 Clicking for an order shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.

2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.

2.5 Any complaints should be addressed to the Seller's trading address stated in clause 1.5.

3 ORDERING

3.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason. No order will be accepted from buyers in the United States of America or in Canada.

3.2 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified by the Seller and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 30 days.

3.3 When making an order through this Website, the technical steps the Buyer needs to take to complete the order process are described in the Order Process section within the website.

3.4 All drawings, illustrations, catalogues and advertising materials on the website are intended only as a general guide to the Goods.

4 PRICE AND PAYMENT

4.1 The price of the Goods shall be that stipulated on the Website. The total purchase price, including VAT and delivery charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order. After the order is received, if the seller wishes to accept it, the Seller shall confirm by email the details, description and price for the Goods. Payment of the price must be made in full before dispatch of the goods by the Seller.

5 RIGHTS OF SELLER

5.1 The Seller reserves the right periodically to update prices on the Website, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order.

5.2 The Seller can reserve the right to withdraw any goods from the Website at any time.

5.3 The Seller shall not be liable to anyone for withdrawing any goods from the Website or for refusing to process an order.

6 AGE OF CONSENT

6.1 Where Goods may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods.

6.2 If the Seller discovers that the Buyer is not legally entitled to order Goods, the Seller shall be entitled to refuse to accept the order immediately.

7 WARRANTY

The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller on the website. Except where the Buyer is dealing as a Consumer, all other warranties, conditions, or terms by the Seller relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyer’s purpose.

The only warranties given are those of the manufacturer and in case of complaint, the Purchaser should address it to the manufacturer. All goods supplied by the Seller are new and covered by the manufacturer’s warranty.

8 DELIVERY

8.1 Goods supplied to Buyers within the UK will normally be delivered within 7 working days of acceptance of order. Goods supplied to buyers from outside the UK will have a separate estimate provided as part of the order acceptance process.

8.2 Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.

8.3 The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event, time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.

8.4 Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.

8.5 Title and risk in the Goods shall pass to the Buyer when they leave the factory for delivery.

8.5.1 The Purchaser shall pay the cost of carriage, except that where the value of the order exceeds a minimum value as stated by the Seller on the website from time to time. The cost of delivery will vary, depending upon the value of the order placed.

8.6 All deliveries will include packaging, unless otherwise stated.

9 CANCELLATION AND RETURN

9.1 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller via fax, Email or post within 7 working days of delivery, if the Goods are damaged or do not comply with the order. If the Buyer fails to do so, the Buyer shall be deemed to have accepted the Goods.

9.2 Where a claim of defect or damage is made, the Seller shall be responsible for the recovery of the Goods from the Buyer. The Buyer shall be entitled to a full refund (including delivery costs) if the Goods are in fact defective.

9.3 If the Buyer is a consumer, it has the right, in addition to its other rights, to cancel the Contract and receive a refund by informing the Seller via fax, Email or post within 7 working days of receipt of the Goods provided that the packaging has not been opened.

9.4 In the event of cancellation, the Buyer shall be responsible for the return of the Goods to the Seller and the Buyer shall return the goods to the Seller within 14 days of the date of purchase. The Buyer will be under a duty to take care of the Goods until they have been recovered. The Buyer will receive a refund of all monies less any handling charges paid for the Goods within 30 days of cancellation.

9.5 Goods to be returned must clearly show the invoice number obtained from the Seller on the package.

9.6 Where returned Goods are found to be damaged through no fault of the Seller, the Buyer will be liable for the cost of remedying such damage or at the seller’s option will not be entitled to a refund.

10 LIMITATION OF LIABILITY

10.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller, the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods (excluding VAT) and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.

10.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller’s agents or employees.

11 WAIVER

No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.

12 FORCE MAJEURE

The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, and the Seller shall be entitled to a reasonable extension of its obligations.

13 SEVERANCE

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.

14 NOTICES

14.1 All notices given pursuant to this Agreement shall be in writing sent to the other’s registered office for the time being.

14.2 Notices may be sent by hand delivery, by pre-paid first class post, by fax, or by E-Mail

14.2.1 Notices will deemed to have been given: -

14.2.2 If by hand delivery: at the time of delivery

14.2.3 If sent by post on the second business day following the day of posting

14.2.4 If sent by fax at the time of transmission and a fax confirmation sheet shall be evidence of transmission.

14.2.5 If sent by E-Mail when the notice is received by the party to whom it is addressed is able to access it in an intelligible form (as defined by S.56(1) of the Regulation of Investigatory Powers Act 1998) and whether the recipient chooses to access it is immaterial.

15 PRICE PROMISE

The Seller’s aim is to provide all customers with outstanding value for money. It believes that to the best of its knowledge the Buyer will not find the products that were sold by the Seller cheaper elsewhere. Because the Seller is so confident of this, it makes a "Guarantee not to be beaten on price" statement.

Principally, the decision to give this guarantee is wholly up to the Seller and although it will try at all times to uphold this guarantee there are certain pre-conditions.

The Seller’s "Guarantee not to be beaten on price" statement is subject to the following terms and conditions when making a claim:

1: The product must be an identical product to the Goods sold.

2: The product must be in stock and available within the same delivery time frame.

3: Products of the same type but under different brand names cannot be claimed; these are classed as different products.

4: Ebay listing or Ebay shops are not included.

5: Website or companies selling the same product outside the UK are not included.

6: Private sales listed on the internet or any other form of media are not included.

7: Promotions such as specials, new season's prices, clearance prices and free offers that are not at everyday normal prices, are not included.

8: Delivery, handling and any other charges should be included in the price comparison.

9: A claim must be made within 14 days of delivery.

10: When making a claim the Buyer must be able to provide the following details in order to substantiate its claim:

a) The Buyer’s full name, address and email address.

b) The Buyer’s invoice/ order numbers if claiming after the goods have been delivered.

c) The product code and description of the item the Buyer found at a lower price.

d) The location, media or webpage where the Seller can verify the price.

Please Note: that it is imperative the Buyer provides exact details of the competitor's product so the prices can be verified. Please also remember that other competitors may add delivery and even VAT on to their prices, so it is important that the Buyer gathers the total price for the item before it sends any communication to the Seller.

A claim can be made by phoning the Seller on the number provided on the website or emailing info@onlineautomotive.co.uk.

16 CHANGES TO TERMS AND CONDITIONS

The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making an order.

17 APPLICABLE LAW AND JURISDICTION

The jurisdiction and law applicable to this contract is that of England & Wales

18 ALL CHARGES

Phone calls to the Seller’s 0844 numbers for all departments within the Seller are charged at 5p per minute from a UK landline. Phone calls to the 0844 numbers from a mobile phone may vary. If the Purchaser does not wish to pay these charges then please use the enquiry form on this website or email the Seller at info@onlineautomotive.co.uk.