1. ABOUT THIS DOCUMENT
1.1 What they cover
This document sets out the Body Kit Store website sale conditions (referred to as the sale conditions).
We may change these sale conditions at any time, and any changes will take effect on the date they are posted on our web site. Those changes will not affect any orders you submitted before the change.
2. RETAIL & TRADE SALES
These sale conditions apply to all sales of goods by us to retail and trade customers through our web site, and shall apply to any orders you submit through our web site.
In these sale conditions: the contract is the contract which incorporates these sale conditions; the contract documents are these sale conditions, the web pages through which you ordered the goods, the descriptions and specifications of the goods on our web site, and our e-mails to you acknowledging and/or accepting your order; the delivery charges means the delivery charges for your order stated in the ordering web pages and any order confirmation e-mail we send to you; the delivery address means the delivery address you provided to us in your account or as stated in the ordering web pages; the goods mean the goods you are purchasing under the contract; the price means the price of the goods as stated in the ordering web pages and any order confirmation e-mail we send to you; the ordering web pages comprise your shopping trolley and the checkout and other ordering pages generated by our web site and sent to your browser's specific to your orders; you and your means the person purchasing the goods from us; we, us, our and Body Kit Store.web site through which you ordered the goods; and working- or business day means Monday to Friday, bank- or other public holidays excluded.
5. HOW THE CONTRACT IS MADE
5.1 Your order
Your order to us is your offer to purchase the goods on these sale conditions, subject to our acceptance. You are entitled to withdraw your offer at any time up to point that we accept it.
5.2 Acceptance of your order
Your order is an offer to buy from us. Nothing that we do or say will amount to any acceptance of that offer until we actually dispatch an item to you, at which point a contract will be made between us. At any point up until then we may decline to supply an item to you. If we decline to supply an item to you and you have already paid for it, we will give you a full refund of any amount already paid for that item
. 5.3 Declining your order
If we decline your order for any reason we will normally e-mail or telephone you to inform you, and give you our reasons. We will not accept any order until we have received pre-payment in full of the price, delivery charges and other amounts payable in respect of the order. Other reasons for us declining an order may include that the price-, offer-, or product has changed or because any of the goods you have ordered are not available.
6. SALE AND PURCHASE
On acceptance of your order, we agree to sell to you and you agree to purchase from us the goods specified in the contract documents.
The goods will be the make and model of goods specified in the ordering web pages, will correspond to the essential characteristics, description and specification set out in our web site at the time of order. We will not be responsible for variations between the description of the goods on our web site and the manufacturer's specifications, which may change from time to time without notice, and the latter shall prevail. We will also not be responsible for minor variations in specification, colour or other design features, and no such minor variation shall entitle you to rescind the contract, reject the goods or be the subject of any claim against us.
You agree to pay the price, delivery charges and any other charges stated in the ordering web pages, in accordance with the terms of the contract.
9. PAYMENT TERMS
9.1 Payment With Order
Payment of the price, delivery charges, and all other fees and amounts must be made with your order.
9.2 Payment Methods
We accept payment by MasterCard and Visa, and such other cards or payment methods as may be stated on our web site from time to time. Payment is deducted when we process your order, if payment is due with order. If your payment cannot be authorised or cleared for any reason we will tell you.
10.1 Delivery Address
Delivery will be to the delivery address selected or provided by you in the ordering web pages. If no address was selected, then delivery will be to the address at which your payment card is registered, or to any other address you have provided.
10.2 Delivery Method
Items are delivered by Royal Mail or Courier service. Courier items are only delivered on working days, being Monday to Friday, excluding public and bank holidays, between 8am and 6pm. Any statements as to delivery within a number of days should be read as working days, and if a bank or other public holiday falls within any delivery period then you should allow an extra two working days for delivery. If you order after 12:00 Hrs, please calculate your delivery time as if your order had been placed the following working day.
10.3 Delivery Timescales
Delivery dates and times are given as advice only and may vary due to circumstances beyond our control, such as public holidays. We regret that we can’t accept orders where time is of the essence.
10.4 Failure to Receive the Goods
If delivery is attempted within our stated delivery hours and you are not present to collect the goods, our carrier will leave a card asking you to contact them to arrange for collection or re-delivery thereof. If you do not contact them within a reasonable time, the goods will be returned to us. You will then have the option of cancelling the order and receiving a refund, or having the goods sent out again, for which a second delivery charge will be payable.
10.5 Proof of Delivery
All deliveries must be signed for before our carrier will release them to you. Signing for delivery is for simple proof of receipt purposes and will not affect any of your other rights. Please make sure you keep the paperwork enclosed with your goods, as this will be important if you are returning the goods later on.
10.6 Inspection on delivery
When you receive the goods you should immediately inspect them for damage and faults, and you should inform us in writing by end of the following working day if you do not consider that you have received the goods you ordered or if you consider that the goods are faulty or damaged, otherwise we will consider them to have been correctly delivered, free from damage or faults and in good working order. This will be without prejudice to any damage or fault you could not have discovered on reasonable inspection of the goods. 10.7 Risk
Risk in the goods shall pass to you on delivery.
10.8 Retention of Title
Title to the goods passes to you on delivery, unless the price or any other amount payable by you is outstanding at delivery, in which case title is retained by us until you have paid in full the price and all other amounts payable under the contract. You agree that we may still sue for the price, notwithstanding that title has not passed. You also agree that your right to possession and use of the goods shall cease if any amount payable by you under the contract becomes overdue, or you enter into liquidation or administration, and that we shall be entitled to enter any premises where the goods are kept for the purposes of repossessing them.
11. CANCELLATION RIGHT
11.1 Your right to cancel
You have the right to cancel this contract without giving any reason within 14 calendar days from the date on which you acquire, or a third party other than the carrier and indicated by you, acquires physical possession of the goods. To exercise the right to cancel this contract you must inform us of your decision to do so by a clear statement (e.g. a letter sent by post or email). Our postal address is as given in point 2 of these terms and conditions, our email address is: email@example.com. To meet the cancellation deadline it is sufficient for you to send your communication concerning your exercise of this right before the cancellation period has expired. On receipt of your notice to cancel we will issue you with a returns number and provide detailed return instructions.
11.2 Return of Goods after Cancellation
If you are returning goods that are not faulty or incorrect (i.e you changed your mind) you can either arrange the return yourself or ask us to **Return delivery (inc VAT) will be deducted from any refund**, without undue delay and in any event not later than 14 calendar days from the date on which you communicated your intention to cancel your contract with us. The deadline is met if you send the goods back before the period of 14 calendar days has expired. You should only return unwanted goods via a traceable method - we cannot be responsible for returning goods that are lost in transit.
11.3 Duty of Care
You are required to take reasonable care of the goods while they are in your care. When returning items to us, it is your responsibility to ensure that they are packed so as to prevent damage to the item/s and packaging en route to us, and that they are adequately insured. We can’t process refunds if items returned to us are damaged or lost in transit. You will be liable for any diminished value of the goods resulting from their handling beyond what is necessary to establish the nature, characteristics and functioning thereof (in other words, any more than you would be permitted to do in a physical shop). For example, you cannot fit the item/s to a vehicle where doing so would leave marks upon them (from mounting bolts for instance), nor can you adapt or modify the items in any way.
11.4 Exceptions to the Right to Cancel
You may not cancel an order if the goods were made to your specifications and/or are personalized for you.
Any product requiring painting should be examined and carefully trial fitted before the painting process begins. If, after painting, a product is found to be defective no compensation can be given for the purchased item or any painting- or other costs incurred.
If you decide to cancel your order, we will refund to you all payments received from you including the original cost of delivery (excepting any additional delivery charges made if you chose a type of delivery other than our standard or least expensive delivery option). We may make a deduction from the refund for loss in value of any goods supplied if this loss is as a result of unnecessary handling by you. Please note that refunds cannot be made for items that have been damaged due to customer abuse/misuse or modified in any way. We will make the refund to you without undue delay, and not later than 14 calendar days after the day we receive back from you any goods supplied, or (if earlier) 14 calendar days after the date on which you provide evidence that you have returned the goods. We will make the refund using the same means of payment you used for the initial transaction, and you will not incur any fees as a result of the refund.
12.1 Our Warranty
All goods we supply come with a standard manufacturer warranty. We warrant that the goods on delivery will be of the description set out in the contract, will be new, will be in working order and will be free from material damage. If any goods supplied should develop a fault within 12 months from the date of purchase, they can be returned to us. You will be required to return the goods to us for inspection at your cost unless we agree otherwise. If the goods are found to be faulty we will refund the cost you incurred in returning them provided it does not exceed the original cost of delivery to you.Our sole liability and your sole remedy for each of this warranty shall be one of the following (at our sole option): (a) we will endeavour to repair the goods; (b) we will replace the goods with goods which do conform to the contract; or (c) we will take the goods back and offer a full refund if the fault has occurred within 30 days of sale. Outside of the 30 day period we reserve the right to make a deduction to cover the use you have had from the goods and may offer a pro-rata refund instead. If we elect to repair or replace the goods and this proves not possible, proves disproportionately costly, or we are unable to do so within a reasonable time, then we may take the goods back and offer either a full or pro rata refund. The above warranty terms do not apply to commercial use of any items we sell. In the event of a warranty claim it is your responsibility to arrange for the goods to be returned to us and to bear the cost of doing so.
12.3 Exclusion of Implied Terms
All warranties, terms or conditions implied by statute, common law, custom or otherwise as to the description, quality, fitness for purpose, or compliance with description or sample of the goods are hereby excluded to the fullest extent permitted by law. This does not affect your statutory rights.
13 LIMITATION OF LIABILITY
13.1 Meaning of "liability"
In the contract, references to our "liability" shall be to our liability to you for each of the contract, our liability to you for negligence, each of statutory duty, tort, or accidental or negligent misrepresentation, and any other liability we may have to you whatsoever and howsoever arising under, in connection with, or in the course of performing, the contract, or in connection with the goods.
13.2 Limitation of Liability
We shall have no liability to you for loss of revenue, bargain, profit, anticipated savings, contract, business, expectation, use, production, or goodwill; any costs, expenses, liabilities, or commitments waste, suffered, incurred or entered into in reliance on the contract; any costs of purchasing substitutes or replacements for the goods elsewhere; any special, indirect or consequential losses; your liability to any third party; or loss or damage suffered by any third party. Our total liability for all events giving rise to liability to you in aggregate shall be limited to an amount equal to the price, delivery charges and other amounts payable by you under the contract.
14. FORCE MAJEURE
We shall not be liable to you for non-performance or late performance of the contract due to any matter beyond our reasonable control, including (without limitation) war, threat of war, terrorism, riot, civil commotion, public demonstration, blockade, or sabotage, the act of any government, government authority or legislature, industrial action (including our own employees), lightning, fire, explosion, storm, flood, earthquake, accumulation of snow or ice, or drought, shortages (including of fuel, utilities, and raw materials), vandalism, theft and other criminal action, interruption or failure of utilities, or anything of a similar nature affecting our carriers, sub-contractors or suppliers. If any such events mean that we have insufficient stocks or supplies to meet all of our contracts with you and other customers, we may decide in our sole discretion which contract to fulfil.
15. BODY KIT STORE RIGHT TO CANCEL OR VARY
(a) we are not able to supply any of the goods for genuine reasons beyond our control, for instance, because we did not have the goods in stock, or sufficient goods in stock to meet all our orders, and we are not able to obtain the goods from our suppliers at all or in time to meet the delivery timescales;
or (b) our web site and/or ordering web pages contained any error, including in relation to the description or price of any of the goods;
or (c) if any of the goods are not in stock or insufficient goods are in stock to meet all our orders and cost of acquiring the goods to supply to you is higher than when your order was submitted or the cost of delivery is higher than when your order was submitted;
we shall be entitled to cancel the contract as a whole or in respect of those goods, in which case we will offer you a full refund, and we may also at the same time give you an offer to continue with your order subject to variations, or give an alternative offer, in which case we will identifying any changes to the goods, the price and delivery charges, and delivery timescales, and we will state how long that offer will remain open. These will be your only remedies and claims against us in such circumstances.
16.1 Entire Agreement
The contract documents constitute the entire agreement between you and us for the sale and purchase of the goods. No other communications or representations between you and us, whether written or oral, shall bind us, and you acknowledge that you have not relied on any representations from us in entering into the contract which do not form part of the contract documents. Any variation or alteration to the sale conditions shall only be binding upon us if made in writing and signed by a person in authority at Body Kit Store. 16.2 Assignment by customer
You may not assign, transfer, charge, or declare a trust over the benefit of the contract or any rights under it to anyone else without our prior written consent.
16.3 Assignment by Body Kit Store
We shall be entitled to assign the benefit of the contract and any debts under the contract.
16.4 Third Party Rights
The contract shall not benefit or be enforceable by any third party.
We may sub-contract our obligations under the contract.
16.6 Invalid Terms
Each of the terms of the contract is separate and severable, and if any term (or part thereof) is held to be void or invalid, it shall be severed, and the remaining terms shall continue in full force.
We may on occasion, at our sole and absolute discretion, decide not to exercise or wait before exercising our rights. If we do so, we shall still be entitled to insist on the strict terms of the contract later on.
16.8 Law and Jurisdiction
The contract shall be governed by the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction. We shall be entitled to assign the benefit of the contract and any debts under the contract.
Orders are sent out by Royal Mail and various couriers, based on the size, value and destination of the order.
Items sent by courier are only delivered Monday to Friday; our couriers do not normally deliver on weekends. In some areas Royal Mail may deliver on Saturdays.
Delivery charges are calculated at checkout based on the size and weight of the order and the destination country.
Our cutoff time for dispatching orders is 1 pm Monday to Friday. We do not dispatch orders on Saturdays, Sundays or bank holidays.
We cannot accept orders where time is of the essence.
Any delivery dates quoted must be considered only as estimates.
Performance Lights will arrange delivery to the delivery address advised by the buyer, who will make all arrangements necessary to take delivery of the goods whenever they are tendered for delivery.
Body Kit Store will not be liable for any default due to any act of God, war, strike, lockout, industrial action, fire, flood, drought, storm or any other event beyond our reasonable control.
Body Kit Store will not be liable for compensation for delays in delivery, nor shall any replacement items be shipped free of charge until the carrier has confirmed that the goods may be considered lost.