TERMS AND CONDITIONS OF SALE FOR BUYERS USING THE SITE OF ONLINE AUTOMOTIVE LIMITED
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 Unit 6, Minton Business Centre, Main Rd, Far Cotton, Northampton, NN4 8HJ. The registered office of Online Automotive Limited is Unit 6, Minton Business Centre, Main Rd, Far Cotton, Northampton, NN4 8HJ. 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 "VAT" means value added tax chargeable under the Value Added Tax Act 1994 and any similar replacement and any similar additional tax; and
1.8 "Website" means this website.
1.9 The Website owner is Online Automotive Limited.
1.10 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.
2.1 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.
3.1 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, taxes 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.
4.2 If the Buyer orders Goods from the Website for delivery outside of the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. The Buyer will be responsible for payment of such import duties and taxes. The Buyer should note that the Seller has no control over these charges and cannot predict their amount. The Buyer should contact their local customs office for further information before placing an order.
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.
5.4 Where any Goods ordered are not available, the Seller reserves the right to substitute Goods where the operating capabilities and technical properties are not, in the opinion of the Seller, adversely effected. Furthermore, vehicle and/or component manufacturer’s names, product and equipment names, descriptions, identifications and part numbers are used for reference purposes only. The right of the Seller is reserved to change the brand of any component supplied, information, specification or price, without prior notice.
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.
7.1 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.
7.2 All Goods supplied by the Seller are new and covered by a manufacturer supported warranty. The only warranties given are those of the manufacturer (which usually comprises of a 12 month manufacturer supported warranty). The Buyer may, however, purchase an additional warranty from the Seller. In case of complaint, the Buyer should address the complaint to the Seller, who will return the Goods to the manufacturer, or their agent, to get the Goods tested to ascertain the problem with the Goods (i.e. whether it is a manufacturing fault or another problem on the vehicle causing a malfunction of the Goods supplied) and who will undertake the appropriate course of action thereafter which may include repair or replacement of the Goods.
7.3 Any manufacturer supported warranty supplied by the Seller is for the parts only and does not cover the cost of labour to fit the Goods should a claim arise. The Buyer should also note that certain parts of Goods are considered as consumables by manufacturers and, as such, damage caused during their use may not be covered under warranty.
7.4 The Buyer recognises that any manufacturer supported warranty supplied by the Seller is subject to the Buyer complying with any and all instructions provided by the Seller and/or any manufacturer in respect of the Goods including, without limitation, concerning how to install and use them. Without limitation, the Buyer is hereby informed that, in respect of Goods comprising diesel particular filters, the Buyer is required to use the services of an authorised garage to fit such Goods and that, if such Goods fail, the Seller will require a job card from the garage used before any warranty claim can be processed. Further without limitation, the Buyer is hereby informed that, in respect of Goods comprising catalytic converters, the Buyer is required to use the services of an authorised garage to fit such Goods and is required to ensure that any lambder sensors are changed as part of the installation and that, if such Goods fail, the Seller will require a job card from the garage used before any warranty claim can be processed.
8.1 Goods supplied to Buyers within the UK will normally be delivered within 30 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 The Goods will be at the Buyer’s risk from the time of delivery.
8.6 Ownership of the Goods will only pass to the Buyer when the Seller receives payment of all sums due in respect of the Goods, including delivery charges.
8.7 All deliveries will include packaging, unless otherwise stated.
9 CANCELLATION AND RETURN
9.1 The Buyer shall inspect the goods immediately upon receipt, or sign for the Goods as unchecked or damaged. If the Goods are damaged and the Buyer has signed for the Goods as "Received in Good Condition" then claims for damages cannot be made, therefore the Buyer shall be deemed to have accepted the Goods.
9.2 Where a claim of defect or damage is made, and the Goods have been signed for as damaged or unchecked, 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 resident in the United Kingdom or the European Union, 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 ripped and is not no longer in a saleable condition.
9.4 In the event of cancellation under Clause 9.3, 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 (including any charges paid in respect of delivery of the Goods to the Buyer) 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 in respect of the Goods (including, without limitation, in respect of the supply of incorrect Goods) 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 including, without limitation, the cost of labour to fit the Goods.
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.
No waiver by the Seller (whether express or implied) in enforcing any of its rights under any 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 time for compliance with its obligations.
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.
14.1 All notices given pursuant to these Terms and Conditions shall be in writing sent to the other's address for the time being.
14.2 Notices may be sent by hand delivery, by pre-paid first class post, by fax, or by email. Notices will deemed to have been given:
14.2.1 If by hand delivery, at the time of delivery.
14.2.2 If sent by post, on the second business day following the day of posting.
14.2.3 If sent by fax, at the time of transmission and a fax confirmation sheet shall be evidence of transmission.
14.2.4 If sent by email, 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 section 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: 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 telephoning the Seller on the number provided on the Website or emailing email@example.com.
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 each Contract is that of England & Wales.
18 OTHER CHARGES
18.1 Telephone calls to the Seller's 0844 numbers are charged at 5 pence per minute from a UK landline for calls to the sales department and at 10 pence per minute from a UK landline for calls to the customer services department. Telephone calls to the 0844 numbers from a mobile phone may vary. If the Buyer does not wish to pay these charges then please use the enquiry form on the Website or email the Seller at firstname.lastname@example.org.
18.2 The Seller will charge a non-refundable administration fee of £2.50 per transaction where the Buyer pays by credit or debit card in order to offset the charges incurred by the Seller for processing such payments.