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Terms and Conditions for the purchase of our products and services and also applicable to your use of our Website.
Please read these terms and conditions carefully, they contain important information about your rights and obligations. You can print out these terms and conditions by clicking on the print icon on your browser.
THESE TERMS APPLY TO YOUR PURCHASES BOTH ONLINE AND OFFLINE AND WHETHER YOU ARE BUYING FOR PRIVATE DOMESTIC USE OR AS A BUSINESS.
These terms and conditions replace all other terms and conditions previously applicable to the use of our Website and/or sale of the Products or services.
When reading the terms and conditions the following words and phrases have the following meanings:-
| Business Buyer | Means any entity which is not a Consumer as defined by the Regulations. |
| Products | Means products we sell or may sell from time to time. |
| Regulations | Means the Consumer Protection (Distance Selling) Regulations 2000 (as amended). |
| Services | Means the services we offer or may offer from time to time in relation to the Products by us pursuant to these terms and conditions. |
| You | Means the purchaser of the Products or Services from us on the terms set out in this document and includes (unless the context requires otherwise) Business Buyers. |
| We or Us | Means Auto-Kit International Ltd (Company Number 04107092). |
| Website | Means our website www.auto-kit.co.uk. |
2.1 Please read these terms and conditions carefully before using the Website operated by Auto-Kit International Ltd (which may be referred to in these terms as ‘we’ or ‘us’) (Company Number 04107092, VAT number: GB 765555104). Please note that these terms and conditions are intended to apply to all our dealings with you, whether you are dealing through the Website or otherwise.
2.2 In particular, we draw your attention to clauses 11 (Material appearing on our Website) and 16 (Liability). If you are purchasing through our Website by clicking on the ‘I Accept’ button at the bottom of these terms and conditions you agree to be legally bound by these terms and conditions as they may be modified and posted on our Website from time to time.
2.3 If you do not wish to be bound by these terms and conditions, then you may not use our Website and we may decline to do business with you.
3.1 Our Website is a place for you to access information, select and order our products (the ‘Products’) or buy our services (the ‘Services’). Our Website describes the Products and the Services in more detail. Please note that we sell to private customers (referred to as ‘consumers’ in these terms and conditions) and to businesses. Consumers will be subject to different terms to those applicable to business buyers.
3.2 You may order through the Website or by telephone or other means. Once we have accepted your order, we will have made an agreement that will be subject to these terms and conditions.
3.3 Please note that whilst every effort is made to illustrate the range of our Products in the most realistic manner and to ensure that any description of dimensions, functionality or colours is accurate, the representation of some Products on the Website may be distorted by the computer equipment upon which our Website is viewed.
3.4 We are only able to deal with individuals that can form legally binding contracts under applicable law. You must be over eighteen (18) years of age to purchase any Products, using the payment method displayed on our Website or if not using the Website as agreed with us when we accept your order. If you do not qualify, please do not buy or attempt to buy any Products through our Website or by other means.
3.5 If you breach these terms and conditions then your permission to use our Website or purchase our products or services through any other means terminates immediately without the necessity of any notice being given to you.
3.6 We retain the right to deny access to our Products, Services and Website to any person who fails to comply with these terms and conditions and to terminate by notice any current accepted order for Products.
4.1 To order a Product and any Services via the Website you will need to follow the ordering procedures set out on our Order Page. Our Order Page appears on our Website. Details of our prices and the procedures for payment and delivery are displayed there. You must pay by credit or debit card, (or by cheque if arranged with us first).
4.2 Some Products are offered for sale only if a deposit payment is made first. This will be clear from the Website or any of our advertising literature that you have seen. In such a case, the balance outstanding must be paid in full and cleared if paying by cheque before delivery or final delivery can be made. We do not accept payment of ‘cash on delivery’.
4.3 Once payment has been authorised or your cheque has cleared we may accept your order. We are entitled to refuse any order placed by you. For all orders received by us if your order is accepted, acceptance will occur when we send you an e-mail (to the email address you have given us on ordering) which contains the details of delivery of Products to you (‘Confirmation’).
4.4 To order the Product or any Services you must either provide us with a written order or place the order with us verbally (“Purchase Order”). The Purchase Order must show the price you will be paying, the Products (including where applicable part numbers or detailed descriptions) or Services you wish to purchase and your contact details. If your order is accepted we will then send you written confirmation that your order is accepted (“Confirmation”). Acceptance will occur when we send the Confirmation to you. The Confirmation will be sent to the address shown on the Purchase Order and will contain details of the dates of delivery of the products and our payment terms.
4.5 Subject always to us receiving payment pursuant to clause 4.6 below we will supply the Product and Services as set out in your Purchase Order and confirmed in the Confirmation. It is your responsibility to make sure that the details in the Purchase Order are correct and accurate.
4.6 Payment as detailed in the Confirmation must be made in full on or by the earlier of 30 days after the date of the Confirmation or immediately prior to the date of delivery. If payment is delayed for any reason we have the right to either cancel the Order (without liability to us) or delay delivery of the Products or Services (without liability to us until payment is made in full) or charge interest on late payments at 4% above the National Westminster Bank Plc base rate applicable from time to time.
4.7 Any times or dates stated by us for delivery in a Confirmation are estimates only. We will make all reasonable efforts to deliver Products and Services at the time and on the date specified but we do not accept liability for any failure to deliver within that time or on that date.
4.8 The price applicable is the price in force at the date and time of your order and as set out in Confirmation. We may change the price of any Product before you place an order. We try to ensure that our prices displayed on our Website and on our advertising literature are accurate but the price on your order will need to be validated by us as part of the acceptance procedure. We will inform you if a Product’s correct price is higher than that stated in your purchase order and you may cancel the order and decide whether or not to order the product at the correct price. The prices shown are exclusive of VAT and delivery costs.
4.9 We will then fulfil your order by the date set out in the Confirmation (subject to these terms and conditions) or, if the Confirmation does not contain such a date, within thirty (30) days.
4.10 If the Product you have ordered is unavailable, we may provide to you a substitute of an equivalent quality and price (‘Substitute Product’).
4.11 You undertake that all details you provide to us for the purpose of purchasing Products which may be offered by us on our Website, or as set out in your Purchase Order will be correct, that the credit or debit card which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any Products or Services. We reserve the right to obtain validation of your credit or debit card details before providing you with any Products.
4.12 Provided that we manufacture the Products or deliver the Services in accordance with the details you supply to us in the Purchase Order you agree to pay the sums as set out in the Purchase Order (“the Price”) even if the information you have provided to us is incorrect.
4.13 We shall be entitled entirely at our own discretion not to start manufacturing the Products or provide the Services until you have either paid any deposit which we have agreed is payable or the Price has been paid in full. If we choose to commence manufacture of the Products prior to payment in accordance with this clause 4.13 you will be liable to pay the Price in full prior to delivery of the Products or on such other basis as we shall agree.
5.1 Delivery of Products or Services will be made to the address you gave us for delivery when you placed your order. If you have ordered large or heavy Products, we may not be able to deliver to the address given if that address is not at ground level. As part of the ordering process, you will need to provide us with information concerning the nature of the given delivery address. If you do not do so, or unless arranged with us separately and confirmed by us to you before due date for delivery, then delivery will have been successfully made if the Products are left at the threshold of a ground floor entrance to any building containing the address given.
5.2 We will only deliver to addresses within England, Scotland, Northern Ireland and Wales. We will not deliver to the Channel Islands, Isle of Man, The Isle of Wight, the Scottish Islands and the European mainland although we may arrange for delivery to addresses within these locations by prior arrangement with you. We may levy an additional charge under these circumstances.
5.3 For any Products that are to be delivered other than by post, you must arrange for there to be an adult person to be at the premises on the proposed date of delivery who can take delivery at the premises. Should we try and fail to deliver on the proposed date for delivery because there is no-one present to take delivery, then we reserve the right to charge for any further attempted deliveries.
BUSINESS BUYERS PLEASE NOTE:
5.4 If you are buying Products as a consumer, ownership of and risk in the Products you have ordered will pass to you on delivery. However if you are buying Products as a business, risk in Products you have ordered will pass on delivery to any address for delivery nominated by you on ordering. Ownership will not pass to you until we have received payment in full of all amounts due and owing from you the buyer to us for the time being including any interest accruing and owing to us and from time to time in respect of all such Products or Services supplied by us to you at any time.
5.5 In a case where we have agreed credit terms with you, and without prejudice to any other rights or remedies arising out of any breach of this agreement by you, the buyer, we shall be entitled to repossess all or any of the Products should we not have received payment in full of any invoice upon expiry of the date for which payment becomes due.
6.1 If you are a consumer and not buying in the course of any business, you have the right to cancel your order for any reason (including if you simply change your mind) within 14 working days from the date of delivery (the “Cooling Off period”). To do so you must notify us in writing or other durable medium (including email) within those 14 working days.
6.2 If you have not received the ordered Products at the time you cancel the order, then (subject to clause 6.3) we will refund to you all the monies paid by you (including the delivery charges) in the same form of payment originally used for the purchase as soon as possible and in any event within 30 days of your cancellation.
6.3 If, during the Cooling Off period, there has been no delivery by the time of cancellation of the contract, but the Products have been despatched for delivery, then you must not unpack them when they are received by you. While in your possession, you must keep any Products you intend to return to us in good condition. You will be responsible if they are lost, damaged or destroyed whilst they are in your possession or under your control. They must be returned to us as soon as possible following which we will refund to you all the monies paid by you, less the cost of our arranging collection of them, in the same form of payment originally used for the purchase, as soon as possible and in any event within 30 days of your cancellation being accepted.
6.4 If you cancel the order during the Cooling Off period and have received Products by the time of cancellation, then those Products must be returned to us as soon as possible. In accordance with our agreement you will have become the owner of those Products once they have been delivered and so you will be responsible if they are damaged, lost or destroyed. Those Products must be returned to us as soon as possible following which we will refund to you all the monies paid by you for those Products, less the cost of collection of the Products, in the same form of payment originally used for the purchase as soon as possible, and in any event within 30 days of your order being accepted, PROVIDED THAT the Products are received by us in the condition that they were in when delivered to you.
6.5 If you do not return the Products to us following a cancellation of the order allowed by these terms or under the law, we may deduct the direct costs of recovering the Products from the amount to be refunded to you.
6.6 We warrant that for any Product you purchase from us:
(a) we have the right to sell the Product to you;
(b) the Product will correspond with the description on the Website; and
(c) the Product will be of satisfactory quality.
Products are not sold as being fit for any particular application or for use under specific conditions, unless we have explicitly stated as such in writing. We also promise that any service we provide to you will be provided with reasonable skill and care.
6.7 We exclude all other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to any products (including without limitation the Products), our Website or any information or service provided through our Website and in respect of any defect in the Products arising from improper installation (where applicable), your modifications, or careless use.
6.8 We will do our best to ensure that all materials and information published on our Website or elsewhere (by us) are accurate, but please note that all content, materials and information on our Website are provided on an ‘as is’ basis and you assume total responsibility and risk for your use of our Website and use of all information contained within it.
6.9 If:
(a) the Product delivered is not what you ordered (including any Substitute Products), or does not correspond with its description (but allowing for any distorted representation of a description due solely to the computer equipment on which you viewed our Website);
(b) the Product delivered is not of a satisfactory quality, including because of damage,
We will, at our option, deliver to you a replacement Product or refund to you the price paid and your reasonable costs of returning the Products.
6.10 If you have any complaints, you should direct them to us via email at info@auto-kit.co.uk or by post at:
Auto-Kit International Ltd
Unit A3, Chartwell Point,
Chartwell Drive Ind Estate,
Chartwell Drive, Wigston
Leicester LE18 2FT
United Kingdom
6.11 Please note that if you ask us to construct, adapt, make any Product or to assemble any Product to specifications originating from yourself, the right to cancel given at clause 6.1 will not apply to any order for such Products on which we have started work.
6.12 The rights given in this clause 6 do not apply to you if you are buying any Products in the course of business.
7.1 We warrant to you, the Business Buyer that:
(a) we shall manufacture and where appropriate fit the Products with reasonable skill and care;
(b) the Products shall conform with specification;
(c) that the Products will be free from defects in materials and workmanship for a period of 12 calendar months from the time of delivery.
(d) For assembly purposes Auto-Kit International Ltd would require you the business customer to provide spare parts to us at cost in order to expedite any orders within agreed time-frames.Such parts for example: seat plastic surrounds are required from time to time in case some have become damaged in transit or whilst seats are maneuvered within our assembly plant.
To the fullest extent permissible at law, we exclude all other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to any products including without limitation the Products, any Services, our Website or any information or service provided through our Website and in respect of any defect in the Products arising from improper installation (where applicable), your modifications, or careless use.
7.2 In the case of any breach of our warranties at 7.1, we shall, at our option and as soon as reasonably practicable take such steps as may be reasonably necessary to replace such Products or to render them in accordance with the warranty.
7.3 You must inspect each delivery within five (5) working days after delivery has been made and promptly notify us whether the Products are in any way defective or unsatisfactory.
7.4 Delivery will have been accepted by you if you have not notified us of any defect within five (5) working days or that the Products or any of them are not satisfactory.
7.5 Once we have accepted your order, you may not cancel it unless we have first agreed to that cancellation. Agreement to cancel an order shall only be on the basis that we shall become entitled to be compensated in full by you by payment of a ‘Cancellation Charge’ (as defined below). The Cancellation Charge shall be payable within 14 days of the date upon which we have accepted cancellation.
7.6 For avoidance of doubt, the Cancellation Charge shall be an amount equal to the loss we shall have sustained in preparing to carry out our agreement with you or in carrying out or partially carrying out our obligations under the agreement prior to your notice of cancellation and our acceptance of it. The Cancellation Charge shall not include any loss of profit.
7.7 Where we have agreed to provide Services where the Products are to be installed in vehicles under this agreement, we shall not be responsible for any loss or damage to the Products or to any third party that result from:
(a) a case where any part of the assembly or installation of the Products are undertaken by you or your employees or agents; or
(b) a case where you have instructed us to assemble or install any Product in a vehicle or in such circumstances which are not suitable for the assembly or installation of that or those Products.
You agree to indemnify us against any loss or damage arising from any such eventuality as described above.
8.1 We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of our Website or promotional material or the content of either of them, including your access to it. Unless explicitly stated to the contrary, any new features including new Website content or new Products or Services that we may offer shall be subject to these terms and conditions.
8.2 Please note that although we try to ensure that the content of our Website and promotional material is accurate, they may contain typographical errors or other inaccuracies.
9.1 The following applies to any information you provide to us, for example during any registration or ordering process.
(a) You authorise us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address, to the extent reasonably necessary to provide the Services which are available through us, our partners, successors (including the purchaser of the whole or part of our business), associates, sub-contractors or other third parties (together our ‘Partner Companies’). These Partner Companies may be located in countries outside the EEA that do not have laws to protect your information. Details of the companies and countries involved in your case will be provided on request. If you would like to request such information or review or modify any part of your personal information then you should email us at info@auto-kit.co.uk.
(b) If you obtain or choose to buy Products through our Website then we may collect information about your buying behaviour and if you send us personal correspondence such as emails or letters then we may collect this information into a file specific to you (together, the various purposes set out in this paragraph and in our privacy policy shall be known as ‘the Purposes’). All such information collected by us shall be referred to in these terms and conditions as ‘Personal Information’.
(c) You must ensure that the Personal Information you provide is accurate and complete and that all ordering or registration details (where applicable) contain your correct name, address and other requested details. For more information about how we deal with your Personal Information, please read our privacy policy.
9.2 By accepting these terms and conditions, you agree to the processing and disclosure of the Personal Information for the Purposes. If you would like to review or modify any part of your Personal Information then you should email us at info@auto-kit.co.uk.
9.3 You warrant and undertake that you will not use our Website for any purpose that is illegal or prohibited by these terms and conditions.
You are solely responsible in all respects for all use of and for protecting the confidentiality of any username, email verification and password that may be given to you or selected by you for use on our Website. You may not share these with or transfer them to any third parties. You must notify Us immediately of any unauthorised use of them or any other breach of security regarding our Website that comes to your attention.
11.1 Unless otherwise specified all content and materials published on our Website are presented solely for your private, personal and non-commercial use.
11.2 Our Website is controlled and operated by us from England. Where content is supplied by third parties, you understand that we do not control or endorse such content in any way. All content which is offered by third parties that are not affiliated with or otherwise connected with us, is published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on or offline) and the use of such content, except for content which relates directly to Products you purchase.
11.3 We have used our best endeavours to ensure that our Website complies with UK laws. However, we make no representations that the materials on our Website are appropriate or available for use in locations outside the UK. Those who visit our Website from other locations do so on their own initiative and are responsible for compliance with all applicable laws. If use of our Website and/or viewing of it, or use of any material or content on our Website or Products offered through our Website are contrary to or infringe any applicable law in your jurisdiction(s), you are not authorised to view or use our Website and you must exit immediately.
11.4 We make no representations and give no warranties, express or implied that making the Products or Services available in any particular jurisdiction outside the UK is permitted under any applicable non-UK laws or Regulations. Accordingly, if making the Products or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those Products are not offered for sale to you. You accept that if you are resident outside the UK, you must satisfy yourself that you are lawfully able to purchase the Products. We accept no liability, to the fullest extent permitted by applicable law, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the Products by persons in jurisdictions outside the UK or who are nominees of or trustees for citizens, residents or nationals of other countries.
12.1 All rights, title and interest in and to any intellectual property rights in and relating to the Products (collectively referred to as the “Intellectual Property”) belong to us or parties who have granted us permission to utilise their Intellectual Property for the purposes of making this Agreement.
12.2 Any Product sold under this Agreement shall be sold under the terms of the license of the Intellectual Property which appears at clause 12.3 below (the “Licence”) and in making this Agreement, you agree to be bound by the terms of the Licence.
12.3 In consideration of your payment to us for any Product or Services we now grant to you a non-exclusive irrevocable Licence of the Intellectual Property in the Product supplied in order that you may enjoy the possession and use of such Product. Subject to the below, the Licence is strictly limited as follows:
12.3.1 you may not (and may not permit or cause another to) copy or reproduce any registered or unregistered design in or appearing on any of our Products in any format or media for any commercial purpose; or
12.3.2 you may not breach any of our Intellectual Property (and may not permit or cause another to) in order to reproduce any Product or create a facsimile or close approximation of any Product for any commercial purpose.
12.4 The restrictions at sub-clause 12.3 will not apply and are not intended to apply in limitation of any parties’ rights where we have no exclusive right in a Product or an aspect of the Product on the date of this Agreement.
12.5 We may pursue you for breach of any of our Intellectual Property under this Agreement irrespective of whether this Agreement continues to subsist and this clause 12 shall survive any termination of this Agreement and continue in force for a period of five years thereafter.
The contents of our Website are protected by international copyright laws and other intellectual property rights. The owner of these rights is Auto-Kit International Ltd, its affiliates or other third party licensors. All Product and company names and logos mentioned in our Website are the trade marks, service marks or trading names of their respective owners. You may download material from our Website for the sole purpose of placing an order with us or using our Website as a shopping resource. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our Website including but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited to do so, for example in order to complete any test or questionnaire.
We make no representations whatsoever about any other websites which you may access through our Website or which may link to our Website. When you access any other website you understand that it is independent from Us and that we have no control over the content or availability of that website. In addition, a link to any other website does not mean that We endorse or accept any responsibility for the content, or the use of, such a website and We shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master.
We will try to make our Website available but cannot guarantee that our Website will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our Website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other Internet connected device.
16.1 We accept no liability for any indirect or consequential loss or damage, or for any direct or indirect loss of data, profit, revenue or business in each case, however caused, even if foreseeable.
16.2 If we are liable to you for any reason, our liability will be limited to the amount paid by you for the Products or Services concerned.
16.3 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our Website.
16.4 The limitations and exclusions in this clause do not affect the non-excludable statutory rights of a consumer.
16.5 Performance of our agreement with you may be prevented because of reasons beyond our reasonable control.
16.6 If we have agreed as part of our contract with you to collect seats these must be available for collection on the ground floor main entrance of the collection address at the agreed time and date.
17.1 We may, but you may not, assign any rights.
17.2 We may alter these terms and conditions from time to time.
17.3 These terms and conditions together with the privacy policy are the whole agreement.
17.4 If any provision or term becomes illegal it shall be deemed deleted.
17.5 These terms and conditions are governed by English law.
17.6 Neither party will be held liable for causes beyond reasonable control.
17.7 Failure or delay does not constitute a waiver.
17.8 These terms do not confer rights under the Contracts Act 1999.
All notices shall be given:
(a) to us via email at info@auto-kit.co.uk or by post at
Auto-Kit International Ltd,
Unit A3, Chartwell Point,
Chartwell Drive Ind Estate,
Chartwell Drive, Wigston,
Leicester LE18 2FT,
United Kingdom
Tel:+44(0)1509-611-068
(b) to you at either the email or postal address you provide during any ordering process.
Notice will be deemed received when an email is received in full or three (3) days after the date of posting.
For online purchase you should click on the ‘I Accept’ button to confirm your acceptance of these terms and conditions.