Terms and Conditions for sale of products
These terms and conditions (together with the documents referred to in here) govern the relationship between you and Car Parts Genie Ltd when you order any of the products ("Products") listed on our website at www.carpartsgenie.com ("Website"). These terms and conditions set out important information regarding your rights, obligations and the restrictions that may apply when you order Products from our Website.
Any reference to "you" or "your", means you as a customer of our Products and/or as a user of our Website. Any reference to "we", "us" or "our" is to Car Parts Genie Ltd.
Please read these terms and conditions carefully before ordering any Products from our Website. You should understand that by ordering any of our Products, you agree to be legally bound by these terms and conditions.
We will not file or store a copy of these terms and conditions for each transaction made via the Website. You should print a copy of these terms and conditions for future reference.
Please tick the box marked "I Accept" in the click-through order process if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our Website.
1 INFORMATION ABOUT US
We operate the Website www.carpartsgenie.com We are Car Parts Genie Ltd, a company registered in England and Wales under company number 07956651 and with our registered office at 20 East Hill, St Austell, Cornwall, United Kingdom PL25 4TR. Our VAT number is 129 2949 84.
2 YOUR STATUS
2.1 By placing an order through our Website, you confirm that:
2.1.1 you are legally capable of entering into binding contracts; and
2.1.2 you are at least 18 years old.
2.2 If you do not comply with any of the above conditions in Condition 2.1 you are not entitled to purchase Products from our Website.
3 HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.1 After placing an order for Product(s), you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched ("Dispatch Confirmation"). The contract between us for the purchase of Product(s) ("Contract") will only be formed when we send you the Dispatch Confirmation.
3.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
4 CANCELLATION RIGHTS
4.1 If you are contracting as a consumer and you have purchased Products, 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 in Condition 8 below).
4.2 To cancel a Contract, you must inform us in writing to the address specified in Condition 13. You must also return the Products to us as soon as reasonably practicable, and at your own cost. 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.
4.3 Please note that you have a statutory obligation to take reasonable care of the Products prior to cancellation. We reserve the right to refuse to accept the cancellation and return of any products which have not been treated with such reasonable care.
5 AVAILABILITY AND DELIVERY
Your order will be fulfilled by the delivery timescale set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
6 RISK AND TITLE
6.1 The Products will be at your risk from the time of delivery.
6.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
7 PRICE AND PAYMENT
7.1 The price of the Products and our delivery charges will be as quoted on our Website from time to time, except in cases of obvious error.
7.2 Product prices include VAT by default, unless the "ex VAT" button has been clicked.
7.3 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
7.4 Our Website contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our Website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our Website, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
7.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error.
7.6 Payment for all Products must be by credit or debit card. We accept payment with MasterCard, Visa, Maestro and Solo payment cards. We will not charge your credit or debit card until we dispatch your order.
8 OUR REFUNDS POLICY
8.1 All Product returns must be made in accordance with our returns policy.
8.2 If you return a Product to us:
8.2.1 because you have cancelled the Contract between us within the seven working-day cooling-off period (see Condition 4.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you gave notice of cancellation. In this case, we will refund the price of the Product in full, and any applicable delivery charges (applied incrementally in respect of any partially cancelled Contracts). However, you will be responsible for the cost of returning the item to us.
8.2.2 for any other reason (for instance, because have notified us in accordance with Condition 19 that you do not agree to a change in these terms and conditions or in any of our policies, or because you consider that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail 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 via e-mail that you were entitled to a refund. We will refund the price of a defective Product in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us.
8.3 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
9 WARRANTY
9.1 Subject to provisions of Condition 9.2, we promise to you that any Product purchased from us through our Website will:
9.1.1 conform in all material respects with its description;
9.1.2 be of satisfactory quality; and
9.1.3 be reasonably fit for all the purposes for which products of that kind are commonly supplied
for the 12 month period calculated from delivery of the Product or, if earlier, the period it takes the relevant vehicle to cover 10,000 miles following the fitting and/or utilisation of the Product.
9.2 We shall have no liability under the warranty set out at Condition 9.1 to the extent that any damage or defect results from:
9.2.1 reasonable "wear and tear" caused to the Product;
9.2.2 your or any third party's use (including any modification) of the Products in a manner contrary to the relevant Product manufacturer's instructions or any instructions which may be provided by a vehicle manufacturer (for the avoidance of doubt no fitting instructions of other such guidance will be provided by us);
9.2.3 any failure to use reasonable skill and care in fitting the Products.
9.3 In circumstances where the original Product manufacturer's warranty offers additional protection, over and above our own warranty, we shall use our reasonable endeavours to pass on the benefit of any such warranty to you.
9.4 We recommend that you use qualified automotive professionals for the fitting of our Products.
10 OUR LIABILITY
10.1 Nothing in these terms and conditions shall:
10.1.1 restrict your statutory rights (including your rights to receive a reasonable standard of service, more details about which can be obtained from your local Trading Standards Office or Citizen's Advice Bureau);
10.1.2 exclude or limit our liability for death or personal injury resulting from our negligence;
10.1.3 exclude or limit our liability for fraud or fraudulent misrepresentation;
10.1.4 exclude or limit our liability for any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
10.1.5 exclude or limit our liability for defective products under the Consumer Protection Act 1987; or
10.1.6 exclude or limit our liability for any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
10.2 Subject to Condition 10.1, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products and, subject to Condition 10.3, any losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.
10.3 Subject to Condition 10.1, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories:
10.3.1 consequential expenses (such as vehicle recovery charges and/or vehicle hire charges);
10.3.2 loss of income or revenue;
10.3.3 loss of business;
10.3.4 loss of profits;
10.3.5 loss of anticipated savings;
10.3.6 loss of data; or
10.3.7 waste of management or office time.
However, this Condition 10.3 will not prevent claims for loss of or damage to your tangible property that are foreseeable or any other claims for direct loss that are not excluded in Conditions 10.3.1 to 10.3.7 (inclusive).
11 IMPORT DUTY
11.1 If you order Products from our Website for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. Please also see our specific delivery terms for further details.
11.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
12 WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
13 NOTICES
All notices given by you to us must be given to Car Parts Genie Ltd at [email protected]. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in Condition 12 above.
Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
14 TRANSFER OF RIGHTS AND OBLIGATIONS
14.1 The contract between you and us is binding on you and us and on our respective successors and assignees.
14.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
14.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
15 EVENTS OUTSIDE OUR CONTROL
15.1 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").
15.2 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:
15.2.1 strikes, lock-outs or other industrial action;
15.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
15.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
15.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
15.2.5 failure of public or private telecommunications networks (including the internet); and
15.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
15.3 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.
16 WAIVER
16.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
16.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
16.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with Condition 13 above.
17 SEVERABILITY
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.
18 ENTIRE AGREEMENT
18.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
18.2 We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
18.3 Nothing in this Condition limits or excludes any liability for fraud.
19 OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
19.1 We have the right to revise and amend these terms and conditions from time to time including (without limitation) to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
19.2 You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
20 DISPOSAL
20.1 The following provisions address our responsibilities in respect of waste electrical and electronic equipment ("WEEE") as defined in the Waste Electrical and Electronic Equipment Regulations 2006 ("WEEE Regulations"). Where you are buying replacement electrical and electronic equipment (“Replacement EEE”) as a consumer we have certain obligations under the WEEE Regulations to take back WEEE without charge.
20.2 You can return WEEE to us where you are buying Replacement EEE as a consumer. For all online purchases you must return your old item to us at Car Parts Genie Limited (using such returns address as we may nominate from time to time). All returns are to be at your cost and are to be made within 28 days of purchase of the Replacement EEE.
20.3 Our obligations to take back WEEE only apply to household users of electrical items. If you are a business customer you will need to find a local collector or waste company to dispose of your waste.
20.4 Further information on the environmental impact of WEEE and the WEEE Regulations can be found on the Environment Agency's website (http://www.environment-agency.gov.uk).
21 PROMOTIONS
21.1 We may, from time to time, offer promotional and discount codes (a "Promotional Code") via different channels (including without limitation discount, offers, promotions, prize draws, voucher codes, competitions etc) to new and existing customers. By using any Promotional Code which we may choose to offer you agree that the following additional terms will apply:
21.1.1 a Promotional Code may only be redeemed online at www.carpartsgenie.com;
21.1.2 a Promotional Code cannot be used in conjunction with any other offer, discount or promotion. Only one Promotional Code can be used per transaction;
21.1.3 a Promotional Code is redeemed by entering such code at the appropriate point on the online purchase process for a qualifying purchase;
21.1.4 a Promotional Code is not exchangeable for cash and is not to be used in conjunction with any other offer, discount or promotions. The Promotional Code cannot be used for the purchase of gift vouchers and/or gift cards;
21.1.5 the Promotional Code is non-transferable and non-refundable; and
21.1.6 the Promotional Codes are not available to our employees or any of our associated companies.
21.2 A Promotional Code which is not submitted in accordance with these provisions, or is otherwise incomplete, illegible or otherwise defective shall be rejected and/or disqualified and our decision is final in this regard.
21.3 A Promotional Code is only valid during the period identified and on the dates and for the Products specified in the media it was delivered in.
21.4 If no period is specified above, the Promotional Code shall be valid for no longer than 3 days from launch.
21.5 Where there is any conflict between these terms and conditions and any other terms whatsoever attached to any other advertising material in respect of such Promotional Code, these terms and conditions shall apply.
21.6 We reserve the right to:
21.6.1 cancel or withdraw any Promotional Code;
21.6.2 refuse to allow any consumer to participate in the Promotional Code; and
21.6.3 decline to accept orders where, in our opinion the Promotional Code is invalid for the order being placed.
22 SPECIAL ORDERS
In this context "Special Order" means an order placed by you in respect of any Products that are not routinely held in stock by us (a non-stock item) and are therefore ordered and/or manufactured specifically as per your request. Such Special Orders will be treated as non-refundable, except at our sole discretion or if the Contract is cancelled within the "cooling-off period" (provided that the Product is not bespoke) as set out in Condition 4.
23 EXCHANGE UNIT SURCHARGES
Where Products which are categorised as "service exchange units" are purchased, you will be charged an additional sum, referred to as a “surcharge”, which relates to the old unit that you may choose to return to us. If that old unit is returned to our nominated returns address (at your cost) within 7 days of the delivery date, a credit note will be issued by us in respect of the “surcharge”. The issue of this credit note will be contingent on you providing an old unit which is identical to the Product unit purchased from us and in a condition which, in our sole discretion, enables it to be re-manufactured.
24 LAW AND JURISDICTION
Contracts for the purchase of Products through our Website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
These terms and conditions were last updated on 19 March 2012