Terms and Conditions
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These terms and conditions together with the documents referred to in them tell you the basis on which we will supply to you our goods (“Goods”) and services , Full terms are available at request
(“Services”). Please read these terms carefully before ordering any Goods or Services from us. By ordering any of the Goods or Services, you agree to be bound by these terms.
IN PARTICULAR WE DRAW YOUR ATTENTION TO CLAUSE 19 BELOW WHERE WE LIMIT OUR LIABILITY TO YOU.
You should retain a copy of these terms for future reference.
1 INFORMATION ABOUT US
1.1 The Goods and Services are provided by Neat Autos Limited (“we/us/our”).
1.2 We are registered in England and Wales and have our registered office and main trading address at Neat Autos Ltd, Maksons House, 52 Station Road, West Drayton, Middlesex, UB7 7BT.
1.3 Our company number is 5734901 and our VAT registration is GB 707 2149 52.
2 Your STATUS
2.1 You acknowledge that:
2.1.1 Clause 5 does not apply unless you are purchasing Goods and/or Services by mail order or from our website as a consumer (in other words, other than in the course of a business, trade or profession) (“Consumer”);
2.1.2 clauses 11.2 to 11.3 and 12.6 to 12.8 (inclusive) do not apply unless you are purchasing Goods and Services in the course of a business, trade or profession (“Business Customer”); and
2.1.3 Clause 11.4 does not apply unless you are purchasing Goods and Services as a Consumer (in other words, other than in the course of a business, trade or profession) (“Consumer”);
2.2 By placing an order with us, you warrant that:
2.2.1 You are legally capable of entering into binding contracts;
2.2.2 If you are a Consumer, you are at least 18 years old;
2.2.3 you are resident in the United Kingdom;
2.2.4 the information you provide to us during the process of placing an order for Goods and/or Services is accurate, complete and not misleading.
3.1 These terms and conditions apply to all sales of Goods and/or Services provided by us to you.
3.2 If you are purchasing Goods and/or Services via our website, no contract for the supply of Goods and/or Services (“Contract”) will come into existence until we despatch the Goods, send you an email confirming that your Goods have been despatched or start performing the Services (whichever is the earlier).
3.3 If you purchase Goods and/or Services by any means other than via our website, the Contract will not come into existence until either your order (however given) is accepted by the earliest of our written acknowledgement of order, delivery of the Goods or performance of the Services.
3.4 Each order for Goods and/or Services by you to us will be deemed to be an offer by you to purchase Goods and/or Services subject to these terms. Each order placed by you to us for Goods and/or Services and accepted by us will constitute a separate contract.
3.5 You must ensure that the terms of your order and any applicable specification are complete and accurate.
3.6 These terms will be incorporated in the Contract to the exclusion of all other terms and conditions. They supersede all prior dealings, negotiations, representations or agreements between us in respect of the subject-matter of the Contract whether written or oral.
3.7 No variation or amendment of this Contract will be valid unless in writing and signed by you and our authorised representative.
4 Goods AND Services
4.1 All brochures, specifications, drawings, catalogues, particulars, shapes, descriptions and illustrations, application guides and information, price lists and other advertising matter are intended only to present a general idea of the Goods and Services described in them.
4.2 We reserves the right to deliver Goods of a modified design provided that any difference does not make the Goods unsuitable for any purpose you have made known to us.
4.3 The Goods will conform in all material respects to any sample provided to and accepted by us. The Goods and Services will conform in all material respects with any specification provided to and accepted by us. We reserve the right to amend any design or specification without prior notification provided that it does not adversely affect the performance of the Goods and Services.
4.4 We retain all copyright and title to all documentation relating to Goods delivered to you by us. This documentation may only be used for the purposes intended in the Contract and not for any other purpose without our permission. It must be returned on demand.
4.5 Technical specifications are approximations unless specifically stated otherwise.
4.6 You will not remove, alter, deface, obfuscate or tamper with any of the trade marks, names or numbers affixed to or marked on the Goods nor allow any one else to do so.
4.7 If the Goods are manufactured in accordance with any design or specification provided or made by you, you will compensate us in full on demand for all claims, expenses and liabilities of any nature in connection with them, including any claim, whether actual or alleged, that the design or specification infringes the rights of any third party.
4.8 We prohibit the audio or video recording of on-site professional or technical Services, or training and consultancy without the prior written consent of us.
5 CONSUMER RIGHTS
Clause 5 only applies if you are a Consumer AND purchasing Goods and/or Services by mail order or from our website
5.1 You may cancel a Contract at any time within 7 working days, beginning on the day after you receive the Goods. In this case, subject to clause 5.2 you will receive a full refund of the price paid for the Goods in accordance with our refunds policy which is available on request. This right of cancellation does not apply to any Goods personalised or made to your specification
5.2 To cancel a Contract, you must inform us in writing. You must also return the Goods to us, in the same condition in which you received them with the original packaging and the product documentation, and at your own cost and risk. The Goods must not have been used and, where applicable, must not have been removed from the sealed clear packaging. This includes electrical items, which are supplied in sealed clear packaging.
5.3 Subject to clause 5.2, if you want to cancel the Contract or have been supplied with Goods which are incorrect or defective, you must notify us within 7 days from the date of delivery (the “Cooling-Off Period”), in which a refund, (or if you require an exchange or replacement) will be provided. Without prejudice to clause 14.1.3 and clause 14.3, you will only be entitled to a refund if your notification is provided within 21 days after the Cooling-Off Period has lapsed, otherwise in the event that notification is given after the expiry of this time period, then save as where Goods are defective we reserve the right to issue only an exchange or replacement.
5.4 Neat Car Part shall have no liability for incorrect Goods purchased by you online for foreign registered cars once the Cooling-Off Period lapses. To minimize the purchase of any incorrect Goods we advise that customers with foreign registered vehicles call our specialist sales staff on 01895 907050 or send an email to email@example.com, who will offer guidance to customers and confirm that any Goods are correct prior to purchase.
5.5 Details of how to exercise this right of cancellation can be obtained by calling the telephone number as stated on the documentation accompanying the Goods.
5.6 You may also cancel an order for Services by calling the telephone number notified to you, within 7 working days of the date of purchase, unless the Services begin sooner, in which case your right to terminate ends upon the date when performance of the Services starts.
5.7 Consumers wishing to claim a refund, exchange or a replacement of Goods must provide proof of purchase in the form of our invoice for the original supply of such Goods. If in the event an invoice is unavailable, a bank or credit card statement may suffice at our sole discretion.
5.8 Nothing in this clause affects your statutory rights.
19 Limitation of liability
19.1 Subject to the provisions of these terms, the following provisions set out the entire financial liability of us (including any liability for the acts or omissions of our employees, agents and sub-contractors) to you in respect of:
19.1.1 any breach of these terms; and
19.1.2 any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.
19.2 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979 (as amended)) are, to the fullest extent permitted by law, excluded from the Contract.
19.3 Nothing in these terms excludes or limits our liability:
19.3.1 for death or personal injury caused by our negligence;
19.3.2 under section 2(3) of the Consumer Protection Act 1987;
19.3.3 for fraud or for fraudulent misrepresentation; or
19.3.4 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
19.4 Subject to clause 19.3, we will not be liable to you for:
19.4.1 any indirect or consequential, special or punitive loss, damage, costs or expenses;
19.4.2 loss of profit;
19.4.3 loss of business;
19.4.4 loss of income or revenue;
19.4.5 loss or corruption of or damage to data;
19.4.6 waste of management or office time; or
19.4.7 depletion of goodwill.
19.5 Subject to clause 19.3, our total liability to you under or connected with these terms will not exceed 125% (one hundred and twenty five per cent) of the price payable for the Goods and/or Services for any one event or series of connected events.