We are Car Parts Warehouse, 1 Daisybank, Glengarnock. North Ayrshire. KA14 3AY. (referred to as. Any purchases you make are subject to our terms and conditions below (Terms and Conditions). You should understand that by ordering any of our products (Products), you agree to be bound by these Terms and Conditions.
We recommend you print out a copy of these terms and conditions for your future reference.
1.1 We reserve the right to change these Terms and Conditions at any time. Any such changes will take effect when posted on our website
http://www.ebaystores.co.uk/carpartswarehousegb, it is your responsibility to read the Terms and Conditions on each occasion you purchase Products and your continued purchase of our Products shall signify your acceptance of our latest Terms and Conditions.
1.2 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you purchase our Products.
- Order process
2.1 When choosing which Products to purchase please use the measurements and diagrams provided on our ebay listings.
2.2 All orders that you place will be subject to acceptance in accordance with these Terms and Conditions and these Terms and Conditions apply to the exclusion of any other terms that you seek to impose or incorporate or which are implied by trade, custom, practice or course of dealing.
2.3 The order constitutes an offer by you to purchase our Products in accordance with these Terms and Conditions.
2.4 The order shall only be deemed to be accepted when we take payment from your card at which point the contract (Contract) shall come into existence.
- Delivery, Risk and Title
3.1 Your order will be fulfilled within 30 days or such timescale agreed by you and us.
3.2 The Products will be at your risk from the time of delivery.
3.3 After delivery to you, ownership of the Products will only pass to you once we have received full payment of all sums due in respect of the Products, including delivery charges.
- Price and Payment
4.1 The price of the Products will be as quoted in the listing from time to time, except in cases of error – if there is an error we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the Products, you will receive a full refund.
4.2 All prices include VAT (where applicable) at the applicable current rates but exclude delivery charges, unless expressly stated.
4.3 Payment for all Products must be made by Paypal, Credit Card over the Telepone or BACS. We will take payment from you once we have checked your payment details and stock availability. Products are supplied subject to availability. In the event that we are unable to supply the Products, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the Products.
- Consumer Rights
5.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out below).
5.2 To cancel a Contract, you must inform us in writing. If you are rejecting any Products, you must also return the Products to us to the address set out at the start of these Terms and Conditions immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
- Returns, Cancellations and Substitutions
6.1 When you return a Product to us because you are rejecting it:
- a) because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 5 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Products in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the Products to us.
- b) for any other reason (for instance, because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you that you were entitled to a refund for the defective product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges paid by you and the cost incurred by you in returning the Product to us.
6.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
6.3 Sometimes the product specifications from the manufacturer may change, in which case we will do our best to offer you a substitute Product of the same or better quality at the same price.
7.1 We warrant to you that any Product purchased from us is of satisfactory quality and reasonably fit for all the purposes for which Products of the same kind are commonly supplied.
7.2 The Warranties in clause 7.1 shall not apply if the Products are:
- a) modified in any way after purchase;
- b) mishandled or cared for negligently such being cleaned with an acid based cleaner;
- c) damaged as a result of a road hazard or heavy impact;
- d) used with a vehicle with a gross vehicle weight which exceeds its maximum load bearing;
- e) used beyond normal driving conditions (e.g. competition and motorsports racing or off road);
- f) fitted to a vehicle which has been modified and the modification has caused or contributed to the breach of the warranties at clause 7.1;
- g) not installed or fitted by someone with the necessary expertise to do so;
- h) fitted with an incorrect thread pitch;
- i) the incorrect length for the application to which it is to be fitted;
- j) installed with a torque setting which does not conform to the vehicle manufacturers’ recommendations;
- k) fitted to a wheel with an unsuitable wheel seating;
- l) installed with insufficient thread engagement;
- m) installed and torque settings are not checked after 50 miles of travel;
- n) installed using unsuitable equipment;
- o) fitted incorrectly or fitted to a vehicle which the Products do not fit.
- Liability and Indemnity
8.1 Our maximum liability for any losses you suffer is strictly limited to the purchase price of the Product you purchased and any losses which are foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us. Nothing in these Terms and Conditions limit or exclude our liability.
8.2 Nothing in these Terms and Conditions limit or exclude our liability:
- a) for death or personal injury caused by our negligence;
- b) under section 2(3) of the Consumer Protection Act 1987; or
- c) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
8.3 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:
- a) loss of income or revenue;
- b) loss of business;
- c) loss of profits or contracts; and
provided that this clause 8.3 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 8.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (c) inclusive of this clause 8.3.
8.4 Subject to clause 8.2 above, other than as expressly provided in these Terms and Conditions all other indemnities and warranties are hereby excluded to the fullest extent permitted under applicable law.
8.5 We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
- Events outside our control
9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
9.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- a) strikes, lock-outs or other industrial action;
- b) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- c) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- d) impossibility of the use of public or private telecommunications networks; and/or
- e) the acts, decrees, legislation, regulations or restrictions of any government.
9.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
- Miscellaneous Provisions
10.1 The Contract between us shall be governed by the laws of Scotland, England and Wales and any dispute between us will be resolved exclusively in the courts of Scotland. English is the only language offered for the conclusion of the Contract.
10.2 You may not assign or sub-contract any of your rights or obligations under these Terms and Conditions or any related order for Products to any third party unless agreed upon in writing by us.
10.3 We reserve the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of our rights or obligations under these Terms and Conditions or any related contract to any third party.
10.4 If any of these Terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
10.5 These Terms and Conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the Contracts (Rights of Third Parties) Act 1999) except a person who is a permitted successor or assignee under clause 10.2.
10.6 If we do not, at any time during the term of a Contract, insist upon strict performance of any of your obligations under the Contract or any of these Terms and Conditions, or if we do not exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 10.8 below.
10.7 Any notice or other communication given to you under or in connection with the Contract shall be in writing, addressed to you at your home address or if a company or business at your registered office or your principal place of business or such other address as you may have specified to us in accordance with this clause, and shall be delivered personally or sent by recorded delivery.
10.8 Any notices given to us under or in connection with the Contract shall be in writing to: Car Parts Warehouse, 1 Daisybank, Glengarnock. North Ayrshire. KA14 3AY
10.9 A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 10.7 or 10.8; if sent by pre-paid first class post or recorded delivery at 9 am on the second day after posting other than if either day falls on a Saturday, Sunday or public holiday when banks in Scotland are not open for business where the communication shall be deemed to have been received on the next working day. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
10.10These Terms and Conditions and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any Contract.