TERMS AND CONDITIONS FOR CONSUMER CUSTOMERS
These terms and conditions apply to all consumer customers who buy goods from us, Scuderia Car Parts Ltd. They do not apply if you buy goods from us in the course of your or another person’s business. By proceeding with a purchase subject to these terms and conditions, you warrant and represent that you are buying goods from us for your own private, personal use.
Please read the following important terms and conditions before you buy anything on our site. These terms and conditions set out your legal rights and responsibilities, our legal rights and responsibilities and certain key information required by law. By placing an order you agree to be bound by these terms and conditions. You should print and keep a copy of these terms and conditions for your records.
In these terms and conditions:
If you don't understand any of these terms and want to talk to us about them, please contact us by:
We may record calls for quality and training purposes. Please note that depending on where you make a call from, you may be charged at an international call rate, as determined by your network provider.
Who are we?
1 Introduction
1.1 The terms and conditions apply when you place orders for goods on the Website, by email or over the phone with us. We may amend them from time to time and it is your responsibility to read these terms and conditions each time you place an order with us.
1.2 When you place an order with us, we may gather information about you and (where applicable) your visit to the Website. Information about this can be found in our cookie and privacy policies. Those documents together with these terms and conditions form the contract between us (contract).
1.3 The information on the Website is in English, all communications shall be in English and the Website is designed to comply with English law. You may be viewing the Website in a market in which we do not commonly sell our goods and we cannot be held responsible for non-compliance with any local advertising or other laws in relation to the Website or its content.
2 Ordering goods from us on the website
2.1 The following explains the process you will go through to place an order on the website and how the contract for the sale of goods will be formed.
Step 1 – Choosing your goods
You can select goods for purchase by clicking on the items you are interested in and then clicking on “Add to Cart”.
Step 2 – Shopping Cart
You can review the products added to your Cart and change the contents. Please check all details very carefully and correct any mistakes or change the goods which you want to order, prior to proceeding to Step 3.
Step 3 – Your Order Details
You will then be asked to enter your contact details and billing and delivery addresses on this page. Once you have inserted the relevant details, you can continue with your purchase by clicking on “Continue with Checkout”.
Step 4 – Confirmation
At this stage, you will be asked whether you agree to these terms and conditions. You will also be asked to choose a payment method and then will be taken to the appropriate page depending on how you wish to pay. Once you have finished shopping, you can proceed by clicking on “Pay Now”.
Step 5 – Payment
You will then be asked to enter your payment details. Please enter all payment details correctly and check the information carefully before placing your order. Once you click on “Make Payment”, your order will be placed, and payment will be taken.
Step 6 – Checkout Confirmation
Once we have confirmation that payment is authorised, a screen will appear, thanking you for your order. We will send to you an order acknowledgement email detailing the goods you have ordered. Print a copy of the order acknowledgement email and keep it for your records. This acknowledgement does not, however, mean that your order has been accepted.
2.2 We may contact you to say that we do not accept your order. This is typically for the following reasons:
2.2.1 the goods are unavailable;
2.2.2 we cannot authorise your payment;
2.2.3 you have ordered a very large quantity of goods, or placed an order of a large value; and/or
2.2.4 there has been a mistake on the pricing or description of the goods.
2.3 Your order is not accepted unless and until we issue you with an order acknowledgement or we otherwise email you to confirm acceptance of your order. At this point a legally binding contract will be in place between you and us.
3 Ordering goods from us by email or over the telephone
3.1 You can place orders with us by email or over the telephone. We will acknowledge your order when you place it, however, this does not mean that your order has been accepted. Your order has only been accepted by us, and we are only committed to supplying the goods to you, when we have:
3.1.1 received an order by email or verbally over the phone; and
3.1.2 send to you our order acknowledgement email, which will specify the type and quantity of goods ordered (unless we otherwise agree in writing).
3.2 Payment in full for the goods and all applicable delivery charges is due within 5 working days of receipt of our request for payment. Payment can be made by credit/debit card over the telephone. Please note that goods will not be dispatched until payment has been received in full.
4 Right to cancel this contract
4.1 You have a right to cancel the contract for any reason at any time between the date that the contract comes into place, and 14 days after the day that you (or any person who you nominate to take delivery), receive the goods. This is the “cooling off period”.
4.2 To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or email). You can use the model cancellation form set out in the box below, but it is not obligatory.
Cancellation form
To: Scuderia Car Parts, Ashroyd Business Park, Ashroyds Way, Barnsley, S74 9SB, England; customerservice@scuderiacarparts.com.
I/We* hereby give notice that I/We* cancel my/our* contract of sale of the following goods*:
Ordered on*/received on*:
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Date:
*Delete as appropriate
Alternatively, you can simply return goods to us during the cooling off period. Please contact us if you would like to return the goods to us and we shall arrange for collection/delivery of the goods on your behalf.
4.3 To meet the cancellation deadline, it is enough if you tell us that you want to cancel before the cooling off period has expired.
5 Effects of cancellation
5.1 If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
5.2 We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling of the goods and/or their packaging by you.
5.3 We will make the reimbursement without undue delay, and not later than:
5.3.1 14 days after the day we received back from you any goods supplied;
5.3.2 (if earlier) 14 days after the day you provide evidence that you have returned the goods; or
5.3.3 if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
5.4 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
5.5 If you have already received the goods when you cancel the contract, or you receive them after you have cancelled the contract:
5.5.1 you must allow us to collect the goods from you without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of this contract to us. The deadline is met if you contact us to arrange collection of the goods on your behalf before the period of 14 days has expired;
5.5.2 you will bear the cost of returning the goods;
5.5.3 you are only liable for any diminished value of the goods resulting from handling them, other than what is necessary to establish the nature, characteristics and functioning of the goods; and
5.5.4 where possible, you shall send the goods back to us in their original packaging.
6 Delivery
6.1 We only accept orders through our Website where the delivery address is within one of the countries listed on our website. If you wish for your goods to be delivered to an address outside of these countries, please call us on +441784434395 so that we can discuss with you whether we can deliver your goods to your requested location, our estimated timescales for delivery, and our delivery charges for doing so.
6.2 We use a third-party delivery provider to deliver our goods.
6.3 We estimate that our goods will be delivered to you within the period specified in our order acknowledgement email.
6.4 If something happens which is outside of our control and delays delivery of your goods, we will let you have a revised estimated date for delivery of the goods, as soon as reasonably practicable.
6.5 Delivery of the goods will have deemed to have taken place when we deliver them to the address that you gave to us.
6.6 Unless you and we agree otherwise, if we cannot deliver your goods within 30 days of you placing your order, we will let you know, cancel your order and give you a refund.
6.7 If nobody is available to take delivery of the goods, please contact the delivery provider using the contact details they provide.
6.8 You are responsible for the goods when delivery has taken place. In other words, the risk in the goods passes to you when you take possession of the goods.
7 Payment
7.1 We accept all major credit cards and debit cards, including American Express. You can also pay using PayPal. We do not accept cash.
7.2 We will do all that we reasonably can to ensure that all of the information you give us when paying for the goods is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
7.3 Your credit/debit card or PayPal account will be charged prior to the goods being dispatched. .
7.4 All payments by credit card or debit card need to be authorised by the relevant card issuer. You may also be required to complete extra security steps, such as:
7.4.1 Verified by Visa: www.visaeurope.com/making-payments/verified-by-visa
7.4.2 Mastercard®SecureCodeTM: www.mastercard.co.uk/securecode
7.4.3 SafeKey: www.americanexpress.com/uk/benefits/service-security/safety-fraud/how-amex-protects-you/safekey/
7.5 If your payment is not received by us and you have already received the goods, you must:
7.5.1 pay for such goods within 30 days; or
7.5.2 return them to us as soon as possible. If this is the case, you must keep the goods in your possession, take reasonable care of them, and not use them before you return them to us.
7.6 If you do not return any goods when you should have done (e.g. you have not paid for them) we may collect the goods from you at your expense. We will try to contact you to let you know if we intend to do this.
7.7 Nothing in this clause affects your legal rights to cancel the contract during the ‘cooling off’ period under Clauses 4 and 5.
7.8 The price of the goods:
7.8.1 is in pounds sterling (£)(GBP) unless otherwise stated;
7.8.2 includes VAT at the applicable rate;
7.8.3 does not include the cost of delivering the goods to any address outside those listed on our website (please call us on +441784434395 if you want your goods delivered outside of these countries); and
7.8.4 does not include any applicable import, export or other duties. You will need to pay these in addition.
8 Your selection of goods
8.1 It is your responsibility to ensure that the goods which you have chosen to order on our Website are of the correct specification (e.g. size, model) so that they are able to be fitted to the vehicle to which you want to fit them.
8.2 It is your responsibility to ensure that the goods which you have chosen to order on our Website will not, when fitted to your vehicle, invalidate the terms of any applicable agreement, such as a vehicle lease, hire purchase agreement or manufacturer’s warranty.
8.3 It is your responsibility to ensure that the goods are fitted to your vehicle in the correct way. We strongly recommend that you use a reputable vehicle garage business to fit the goods to your vehicle.
9 Faulty, incorrect, missing or damaged goods
9.1 Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 or other rights in law which you may have (statutory rights). Any discrepancies must be notified to our customer service team within 2 working days.
9.2 The goods usually come with a manufacturer’s warranty. The scope and duration of the warranty varies from product to product and will usually cover manufacturing defects but not damage caused by misuse, alteration, or general wear and tear. You should refer to the terms of the warranty supplied with the goods. You may contact us in the first instance and we may inspect the goods and/or may be able to deal with your query through a phone call or email. You should not make any further use of goods where you discover a defect as this may affect your rights under the manufacturer’s warranty. You should also complete any warranty card details to claim under a manufacturer’s warranty and provide a copy of your receipt together with a note detailing the problem and the reason for the return. Please be aware that no manufacturer’s warranty is provided for brake disks and pads as these are considered wear and tear items and issues with them are usually caused by the fitting or the way they are used. Shock absorbers are also not warrantied if purchased individually as this can increase strain on the not replaced part.
9.3 You should inspect the goods when you receive them for defects or damage. Items delivered by courier which are clearly damaged on delivery must be signed for as such or refused and returned to us.
9.4 Where goods have been damaged in transit, please let us know as soon as possible. If you wish to exercise your legal rights to reject the goods you must allow us to collect the goods from you. We will pay the cost of collection. Please contact our customer services team at customerservice@scuderiacarparts.com to arrange collection of the goods. All such damaged goods should be in their original packaging (even if damaged) and must not be used or fitted to any vehicle. We may ask you to take photographs of the damaged goods so that we can see the condition that the goods were in when they were delivered to you.
9.5 If we have dispatched an incorrect item and you wish to exchange it, please let us know and we will exchange it for the correct item and pay agreed costs of returning the item.
9.6 Non-delivery of an order should be reported to us as soon as possible so that we can try and remedy the situation without undue delay. Please let us know if you have not received your order within 7 working days of the date of dispatch so that we can start investigating as soon as possible. Dispatch is confirmed by e-mail. If an item is lost in transit, we may not dispatch a replacement immediately. Re-sent or replacement items will be dispatched at our discretion or subject to availability, once all tracking and investigative avenues have been exhausted.
9.7 Any refund in respect of faulty goods will also include corresponding delivery charges. If we do not find any fault or defect then your cancellation and refund rights are limited to those set out also in Clauses and 5 above, though this does not affect your statutory rights.
9.8 You must take good care of the goods while in your possession. If you fail to do so and the value of the goods reduces as a result of how you handle the goods before returning them to us and where you have caused the damage as opposed to that damage being caused in delivery, then we reserve our right to withhold that amount which may otherwise have been due to you.
10 LIMITS ON OUR RESPONSIBILITY TO YOU – YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
10.1 Nothing in this contract or elsewhere will exclude or limit our liability for death or personal injury caused by our negligence, or any liability for fraudulent misrepresentation or fraud, or liability which we are responsible for in relation to consumer protection rights, or for any other matters which it would be illegal for us to exclude. Your statutory rights are not affected.
10.2 To the extent that we are liable to you in respect of breach of contract, for negligence or for any other legal liability in relation to the goods or this contract or otherwise, our total liability to you will be limited to the price of the goods paid by you for those goods which are the subject of the liability, and any reasonable losses which are foreseeable as a direct consequence of us breaking our contract with you.
10.3 Unless we explicitly state elsewhere, we shall not be responsible for any indirect or special losses which happen as a side effect or consequence of any main loss or damage or for anything which we or you could not reasonably anticipate. This includes but is not limited to the following, however they arise:
10.3.1 loss of money, profit, income or revenue;
10.3.2 loss of savings;
10.3.3 wasted expenses;
10.3.4 loss of use of money;
10.3.5 wasted time costs;
10.3.6 lost opportunity;
10.3.7 compensation for disappointment or inconvenience.
10.4 It is very important that you satisfy yourself that the goods are of the correct specification for your vehicle, comply with the terms of any relevant agreement concerning your vehicle (such as vehicle lease, hire purchase agreement or manufacturer’s warranty), and are fitted to your vehicle correctly. We will not in any circumstances be liable to you for any goods of the incorrect specification being fitted to your vehicle, any breach by you or invalidation of any provision of any agreement concerning your vehicle, or for incorrect or improper use of the goods, including them being fitted to your vehicle incorrectly.
11 Disputes
11.1 We will try to resolve any disputes with you quickly and efficiently.
11.2 If you are unhappy with the goods, our service to you or any other matter, please contact us as soon as possible at customerservice@scuderiacarparts.com.
11.3 If after exhausting our internal complaints process your complaint has not been resolved, you may refer the dispute to an Alternative Dispute Resolution (ADR) provider. While we are not a member of any ADR scheme, an example of an ADR provider which you could choose is The Retail Ombudsman. You can find more information about this provider at www.theretailombudsman.org.uk
12 General
12.1 We will not be in any way responsible to you for a failure to sell goods which you wish to buy or otherwise for a failure to comply with our obligations or any costs or liabilities you incur as a result of any circumstances beyond our reasonable control, including but not limited to if we are affected by matters beyond our reasonable control, by way of example only flood, fire, trade dispute, lack of third party materials or services.
12.2 The contract between us is binding and our obligations are owed to you, our named customer only. We may transfer or assign our rights and obligations under the contract or appoint third parties to assist us at any time provided that this will not reduce our obligations to you.
12.3 If any clause of this contract is found in any way to be void by a Court or other competent authority then all other clauses of the contract will continue to apply.
12.4 If either of us does not at any time act on any rights we have, it will not affect the rights of either of us to enforce any rights at a later stage. If either of us chooses not to rely on a right which we have, it will not affect any other rights which either of us has.
12.5 If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.
12.6 This contract is subject to English law and we each agree that any dispute arising under or connected to it will be decided by the English courts. If you are a consumer in an overseas jurisdiction, including Scotland or Northern Ireland, this will not affect your rights to bring a claim in your local courts or otherwise affect any statutory or other local law protections which you have.
12.7 No changes to the contract will bind us unless we agree to them in writing. Where you have already placed an order which we have accepted, the contract will remain subject to the version of our terms and conditions which were in place at the time at which you placed the order.
12.8 Nothing in these terms and conditions seeks to exclude or limit any rights available under applicable law which cannot be excluded or limited. This means that these terms and conditions will not change any rights which the law grants to you which that law does not allow us to change or limit.
12.9 A person who is not party to this contract shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of it, which means that only we and you have rights under it. This does not affect any right or remedy of any person which exists or is available otherwise than under that Act.
12.10 The contract is the entire agreement and understanding between us and all other statements and terms whether written or verbal are excluded to the fullest extent that the law permits.
12.11 We are committed to trying to achieve your complete satisfaction as our customer. If you have any complaints, please contact or write to us at customerservice@scuderiacarparts.com or the address above.
12.12 These terms and conditions are not intended to set out the full extent of your rights either in relation to your cooling off rights or other consumer rights. Your local Citizens Advice office or similar will be able to provide you with more information about your legal rights.
SCUDERIA CAR PARTS LIMITED
TERMS AND CONDITIONS FOR TRADE / BUSINESS CUSTOMERS
These Terms & Conditions apply to all trade / business customers who buy goods from us, Scuderia Car Parts Limited (“Scuderia”). They do not apply if you buy goods from us for your own private, personal use (i.e. if you are buying goods as a consumer). By proceeding with a purchase subject to these Terms & Conditions, you warrant and represent that you are buying goods from us in the course of business.
We may update these Terms & Conditions from time to time without prior notice. We will do this by updating the relevant page on our website, so please check this whenever you place an order, to ensure you have read the current terms.
THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO CLAUSES 10 (WARRANTY), 11 (LIABILITY) AND 12 (CANCELLATION)
Index
General
1. GENERAL a) These conditions form part of any contract of sale that we, Scuderia Car Parts Limited (registered in England and Wales with company number 04436918) (“Scuderia”), enter into with customers buying goods in the course of their business. They take precedence in the event of conflict with terms and conditions published by any other party. b) We reserve the right to vary these conditions by agreement with individual customers. However, no variation will be valid unless set out in writing and signed by both parties. These conditions and Scuderia Car Parts Ltd documents referred to in these conditions represent and shall (unless varied by written agreement with us) remain the entire understanding between us relating to the goods. c) Where these conditions refer to written notice, this will be deemed properly served if delivered by hand, sent by first class mail or airmail, or sent by email. Written notice to us will be sent to Customer Services, Scuderia Car Parts Ltd, 8 High Street, Egham, Surrey, TW20 9EA, United Kingdom or if by email to customerservice@scuderiacarparts.com. Written notice to the customer will be sent to the address or email address provided when the order is placed. d) We may, at our discretion, waive any of these conditions without implication on any other contracts with the customer. e) The customer may not assign any contract of sale with us, or any of its rights under it without our prior written consent. f) The Contracts (Rights of Third Parties) Act 1999 shall not apply to any contract of sale with us. g) Any quotation which we may send you does not constitute an offer. A quotation shall only be valid for a period of [14 days] from its date of issue. The prices at which you can buy our goods through our website may change at any time without notice.
Orders
2. ORDERS & SPECIFICATIONS a) The customer can place orders with us either through our website, by email or over the telephone. By doing so, the customer makes a commitment to purchase specified goods from us. b) We will acknowledge your order when you place it, however this does not mean that your order has been accepted. c) Your order has only been accepted by us, and we are only committed to supplying the goods to you, when we have: (i) received an order from you through our website, by email, or verbally over the telephone; and (ii) sent to you our order acknowledgement email. The type and quantity of goods ordered will (unless we otherwise agree in writing) be specified in our order acknowledgement email . The customer will ensure that the specification therein and any information it supplies to us is accurate. d) The customer will provide us with any information we require to fulfil our commitment to supply specified goods. Delay in providing requested information may delay the date of dispatch. e) We reserve the right to modify the specification of goods, on condition that there is no consequent loss in their quality or performance. f) We reserve the right to alter the specification of any goods that would not otherwise comply with applicable statutory requirements (e.g. safety regulations). g) Goods may be subject to tolerances and if so this will be specified in the quotation, order and/or order confirmation.
Terms of Payment
3. TERMS OF PAYMENT a) Where goods are purchased via the website, payment in full for the goods and all applicable delivery charges is due at the time you place your order. Payment can be made by credit/debit card or PayPal as part of the online order process. (b) Where goods are purchased by email or verbally over the telephone, payment in full for the goods and all applicable delivery charges is due within 5 working days of receipt of our request for payment. Payment can be made by credit/debit card over the phone. Goods will not be dispatched until payment has been received in full. c) If goods are delivered in instalments, it will be deemed that a separate contract covers each instalment. We may issue separate invoices in respect of each instalment or include multiple instalments on a single invoice for administrative convenience. The customer will ensure we receive full payment in cleared funds no later than 30 days Net after the date of invoice unless otherwise agreed in writing by Scuderia. We will issue a receipt on request. d) If the customer does not make full payment by the due date, we will be entitled to: (i) cancel the contract, retain any part of the order still in our possession and suspend any further transactions with the customer; (ii) offset any monies paid by the customer in respect of other orders against the sum due; (iii) charge the customer interest on any outstanding amount at the rate of 4% per annum above the base rate of Barclays Bank plc from time to time. Interest will be calculated on a day to day basis from the date on which payment fell due until payment in full has been received. This provision will apply both before and after any court judgement; and/or (iv) offset any monies which are owed by Scuderia to the customer against any monies owed by the customer to Scuderia. This contra agreement to be applicable to all monies outstanding.
Price
4. PRICE a) The price for the goods will be as quoted on our website at the time you submit your order (for online orders), or the price stated on our quotation (for telephone orders). In addition, we will invoice you and you will pay for: (i) any applicable delivery charges, including packaging and insurance costs and any additional costs if you request an express shipping option; (ii) any applicable tax (e.g. VAT); (iii) any applicable import, export or other duties; (iv) any surcharges we may charge for using a particular payment method; and (v) the cost of any pallet(s) or returnable container(s) supplied with the goods. b) We publish price lists for guidance only and reserve the right to amend published and quoted prices without notice. c) If a price or delivery charge cannot be confirmed at the time of order, we will issue an estimated price or delivery charge and confirm that price or delivery charge in writing prior to dispatch. d) We reserve the right to change the price after your order has been accepted by us, to reflect any changes to the price of the goods which the relevant manufacturer imposes on us.
Date of Dispatch
5. DATE OF DISPATCH a) We advise customers of the estimated date of dispatch at the time of order. We do not guarantee this date. In particular, you acknowledge that estimated dispatch dates may be subject to change if there is a delay to shipping from the manufacturer b) We aim to assist customers by advising them when goods are likely to be dispatched, but do not issue written or verbal guarantees about dispatch dates.
Delivery
6. DELIVERY a) The place of delivery will be shown on your order confirmation. b) The customer will ensure that: (i) an authorised person is available to accept delivery; and (ii) delivery facilities and access are safe and appropriate. c) If following a request by the customer, we agree to deliver to a different location than that specified in the order confirmation, the goods will be deemed delivered upon delivery to that location. This may be subject to an additional carriage charge. d) We may cancel any contract with the customer if they fail to take delivery of goods on order within 14 days of receiving written notice from us that goods ordered are available. This applies to: - goods which the customer fails to collect from us; and - goods that cannot be delivered to a site designated by the customer due to circumstances within the customer’s reasonable control. In the event of cancellation under this condition, we will be entitled to full recompense from the customer for any losses we have incurred, including costs of carriage and loss of profit. e) We will be entitled to store ordered goods at the customer’s expense if the customer fails to take delivery within 14 days of their receiving written notice from us that goods are available. We will be entitled to recover all associated costs from the customer, including reasonable costs of storage, carriage and insurance. f) We retain at all times our rights to claim damages and/or the price of goods from the customer in respect of their failure to take delivery of ordered goods. g) The customer assumes sole responsibility for compliance with any applicable export laws or regulations and for obtaining any necessary licences to export or re-export, unless Scuderia agrees otherwise.
Legal Title
7. LEGAL TITLE a) Title in goods passes to the customer on the later of our receipt of full payment of all sums due to us in cleared funds in respect of the goods and their delivery or delivery of the goods. b) The customer will ensure that goods supplied to them by us are clearly marked as our property until we have received full payment and title has passed. c) The customer may use or resell goods supplied by us before we receive full payment, on condition that they maintain separate financial accounts in respect of these items until title passes, on the basis that title to those goods shall pass from us to the customer immediately before the time at which resale by the customer occurs. d) If the customer does not make full payment for goods by the due date, we will be entitled to demand: (i) immediate return of any undamaged goods which remain in the customer’s keeping and are still in their original packaging; and (ii) immediate payment for any other goods, including those that have been used, damaged or unpacked and those that are no longer in the customer’s possession. If the customer fails to meet the above conditions forthwith, we will be entitled to enter their premises and repossess goods owned by us. In the absence of goods clearly marked as ours, we will be entitled to remove goods of similar specification and quality. e) The customer may not pledge as security any goods supplied by us until title has passed.
Risk
8. RISK Risk of damage and loss passes to the customer: (i) when goods are collected from us by the customer or a third party acting for them; or (ii) when goods are delivered to the customer by us or a third party acting for us.
Returns
9. RETURNS a) We may at our discretion accept returned goods, provided that: (i) the customer obtains our prior written agreement to accept the return of the goods; (ii) the goods remain undamaged, in their original packaging, have been appropriately stored and are in satisfactory condition; (iii) the goods have not been modified and are from regular stock that is listed in the current price list of the manufacturer; (iv) a note accompanying the goods gives the Invoice Number relating to the purchase of the goods and an applicable Complaint Confirmation (CR) issued by our Supply Chain Team. b) We will collect goods for return from you. Please contact our customers services team at customerservice@scuderiacarparts.com to arrange collection of the goods for return. The customer is responsible for the cost of returning the goods and we will charge you the direct cost to us for collection. The customer shall pay the cost of returning the goods within 14 days after the date of the invoice. c) We retain the right to credit the value of returned goods against alternative goods. d) A standard processing charge at our prevailing rate from time to time is payable by the customer in respect of returned goods, other than those returned because of damage, shortages, over delivery or due to incorrect supply. e) Any shortages, over deliveries, incorrect parts or damaged items must be notified to the Supply Chain Team within two working days (meaning days when banks are open for non-automated business in London) of receipt for authorisation to be given for their return. Failure to do so may result in the non-issuing of credit. Where goods have been damaged in transit, we may ask you to take photographs of the damaged goods so that we can see the condition that the goods were in when they were delivered to you.
Warranties - THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
10. WARRANTIES a) You acknowledge that we are not the manufacturer of the goods. Accordingly, our responsibility in respect of the goods is limited to transferring the benefit of any applicable manufacturer warranty to the customer (where possible) and/or submitting claims to the manufacturer under the terms of its warranty, on the customer’s behalf. b) If goods which we have supplied are faulty due to defects in workmanship or material we will submit a claim to the manufacturer under any applicable manufacturer warranty to repair or replace them provided that: (i) they are returned to us within 10 days of their being identified as faulty and within 9 months of the original date of dispatch to the customer; (ii) they have been correctly stored by the customer; (iii) they have not been altered by the customer or any third party; (iv) they have not been damaged while in the customer’s care (e.g. through inappropriate storage, carelessness, misuse, incorrect assembly, contact with corrosive agents or proximity to force fields); and (v) any other requirements of the manufacturer’s warranty have been met. If we require verification of any issue relating to this condition, the customer will give us full assistance and access to all relevant premises, documents and equipment. (vi) No manufacturer’s warranty is provided for brake disks and pads as these are considered wear and tear items and issues with them are usually caused by the fitting or the way they are used. Shock absorbers are also not warrantied if purchased individually as this can increase strain on the not replaced part. c) If we are unable to repair or replace goods within 90 days of receiving written notification that they are faulty, and the customer is not entitled to pursue a claim against the manufacturer direct, the customer will be entitled to cancel the contract without penalty and to receive a full refund of the price paid. We will have no further liability whatsoever to the customer. The customer will not be entitled to cancel any associated contracts. d) We do not exclude the implied warranty as to title. Save as provided in these conditions, all warranties, conditions and other terms, whether express or implied, are to the fullest extent permitted by law, excluded from the contract of sale.
Liability - THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
11. LIABILITY a) If the customer is in breach of any provision of this agreement, immediate payment for all contracts with us will fall due. This includes payment for goods on order that have not yet been delivered to the customer. b) If goods are manufactured following a design or process specified by the customer, we will be fully indemnified by the customer in respect of claims for any infringement of a legally protected right (e.g. patents, copyrights, trademarks, design rights, intellectual property rights, etc.) and claims relating to defects in the customer’s design, process or specification, including but not limited to (i) any penalty or fine awarded against us ; and (ii) any loss, damage or expense, and (iii) any legal costs, administrative costs and trading losses. c) We accept liability loss or damage to tangible property and death or personal injury, caused by faulty goods or by our negligence or the negligence of our employees or agents. We do not limit our liability for personal injury or death. Our liability however arising for loss or damage to tangible property is limited to £500,000. All other liability however arising is limited to the price of the goods to which the claim relates. We do not (except in the case of liability for personal injury or death) accept liability however arising for direct loss or profits, direct loss of anticipated savings, or for any indirect or consequential loss or damage including loss of use, loss of expected future business, or damage to reputation or goodwill. All liability that is not expressly accepted is excluded, provided that nothing in these conditions shall be construed as limiting or excluding our liability which may not by law be limited or excluded. No legal action regardless of its form, connected with or arising out of these conditions, may be brought by either party more than two years after the cause of action first arose. d) We offer verbal guidance to assist the customer. This does not constitute part of any contract with us and cannot be relied upon by the customer. Information in our sales literature and other documentation may be subject to clerical and/or typographical errors. Before entering into a contract with us, the customer should apply to us for written confirmation of any verbal or printed information that they intend to rely upon in relation to the contract. We will be pleased to provide written confirmation on applicable issues. e) Neither party will be responsible for any delay or failure that is due to any cause beyond their reasonable control (e.g. natural disaster, act of war or terrorism, fuel shortage, legislative regulation or restriction, industrial dispute, shortage of labour, components or raw materials).
Cancellation – THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
12. CANCELLATION a) If the customer cancels an order at any time, the customer shall fully reimburse us for all our costs arising from that cancelled order. This may include administrative costs, and loss of profit. Where the order is for an item which is listed on Scuderia’s website at the time of order as being “To Order”, you acknowledge that we do not hold this item in stock, and that we will in turn place an order for it with our supplier. Accordingly, you acknowledge that we are unlikely to be able to readily or promptly re-sell the item, and therefore our costs upon cancellation will include the full price for the relevant item. If you have already paid for the goods prior to cancelling the order, you agree that our costs shall be met by us deducting that amount from the payment we have already received. If after such deduction, there is a balance due to you, we shall pay this to you within 30 days of your request for a refund. If our costs total more than the amount which you have paid, and we have retained, you will pay such shortfall to us within 7 days of our demand. b) We may cancel any contract without liability immediately if the customer: (i) suspends, threatens to suspend, ceases or threatens to cease to trade; (ii) is subject to a bankruptcy order, is wound-up, takes any step or action to enter into administration or provisional liquidation, or has a receiver appointed over any of its assets (or, if the step or action is taken in a jurisdiction other than England and Wales, any analogous procedure in the relevant jurisdiction); (iii) calls a meeting of creditors or enters into a composition or voluntary arrangement with same; (iv) disposes of a significant percentage of their assets (unless in connection with a merger or reconstruction); (v) is unable to pay debts as they fall due. If we have reasonable grounds to anticipate any of the above, we may ask the customer to satisfy our concerns. If they do not, we will be entitled to suspend all transactions with them. c) We may cancel the contract of sale without liability to you (other than to refund you the price paid) immediately by written notice to you where it is reasonable to assume that it has been formed on the basis of a typographical, arithmetical or other error. d) We may cancel the contract of sale without liability to you (other than to refund you the price paid) if the manufacturer of the goods ceases to supply the same to us.
Severability
13. SEVERABILITY In the event that part of these conditions is held to be invalid or unenforceable, the validity of all other parts will remain unaffected to the extent permissible in law.
Law and Jurisdiction
14. LAW AND JURISDICTION In the event of any dispute between the parties, they will use reasonable efforts to resolve the same amicably by negotiation. Each party will appoint a representative who has sufficient executive authority to resolve the dispute and who has had no day to day involvement in the matter which is the subject of the dispute. If the parties are unable to resolve the dispute by negotiation within a reasonable time, they will consider attempting to settle the dispute by mediation in accordance with the Centre for Effective Dispute Resolution’s Model Mediation Procedure. If either party is not willing to attempt to resolve the dispute by mediation, then both parties agree to submit to the jurisdiction of the English Courts. These conditions and any dispute between the parties shall be governed by and interpreted in accordance with English law.
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