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These conditions and the contract are stated in accordance with English law.
Trade Wheels (referred to as ‘company/us/we/our’) is owned and operated by
Autoquae Group Ltd (27 Holywell Row, London, EC2A 4JB, Company Registration No.
04907085, VAT No. 830 2519 58). Users of this site and our eBay shop acknowledge
that this use, including any downloading of information/images and placing an
order is subject to our terms and conditions (referred to as 'T&C' as stated
below. Please be advised to read these terms and conditions before using the
site. We recommend that you print a copy for your future reference
Section 1.
General
1.1. The Company is a supplier of specialist motor parts via
www.trade-wheels.co.uk. By placing an order with the Company the Purchaser
agrees to enter into a legally binding contract with the Company
1.2. T&C are
subject to change. Changes take effect when published on our site in this
section. It is your responsibility to ensure that you have read the latest T&C
each time you visit the site
1.3. Users only use the site for the purpose for
which it is intended, the display of information and goods for sale
1.4. Advice
we give verbally does not form part of any contract between you and us.
Section
2. Buying from us
2.1. Orders placed are accepted subject to these terms and
conditions
2.2. We reserve the right to decline your order or seek further
information before our accepting your order
2.3. Your order is accepted when the
Company receives payment in respect of the relevant sales invoice. At this point
the contract becomes legally binding upon both parties. Except where goods are
specially ordered or modified for the Purchaser in accordance with the
Purchaser’s instructions (special orders), the Purchaser has the right to cancel
the order at any time up to seven days after the goods have been delivered, upon
written notice to the Company (this may be by letter, fax or email, see section
5). In this event the Company will provide a full refund (Distance Selling
Regulation 2000).
2.4 Orders are subject to availability of the relevant goods.
If goods are paid for and later prove to be unavailable the Company will refund
the Purchaser in full. The Company cannot accept any liability for any losses
resulting from the unavailability of goods.
2.5. Some new wheels may be shipped
direct from our trading partner. You will be advised if this is the case.
2.6.
Completion of the contract between you and us takes place upon despatch of your
order
2.7. We take timely delivery very seriously and although the correct
despatch procedure is used, our appointed delivery agent may fail to deliver
within the prescribed timescale due to unforeseen circumstances. We have no
liability for delay or failure to deliver within the estimated timescales
2.8.
Liability for loss or damage passes to you at the time they are accepted from
our delivery agents
Section 3. Payment
3.1. Goods will only be dispatched on
receipt of payment in full. Payment can be made by credit/debit card, cheque or
bank transfer.
3.2. Payment is taken after we have checked your card details and
availability
3.3. The price you pay will be confirmed at the time of payment.
All prices stated are inclusive of VAT. Delivery is excluded unless expressly
stated otherwise
3.4. We have systems in place to ensure the accuracy of the
prices shown on the site. Should we make an error, we will inform you before we
make payment and give you the choice to cancel
3.5. Payment can be made by any
of the methods listed in the 'FAQ’s' section of this site
3.6. Title to the
products you have purchased pass to you upon delivery provided full payment has
been processed and received. Should your credit card payment be charged back,
title is passed to us and we will take steps to recover our goods
Section 4.
Deliveries
4.1.The Company endeavours to deliver on the date given. However,
delivery times are approximate only. Where delivery times are quoted they should
be construed as “working days” - any day excluding Saturday, Sunday and public
holidays. If any delays are known to the Company the Purchaser will be informed
immediately and a new delivery date offered. The Purchaser is not obliged to
agree to a new delivery date (Distance Selling Regulation) and may cancel the
order at this point. Except in the case of special orders, the Company will
refund the Purchaser in full.
4.2.Once the Purchaser or anyone receiving the
goods on their behalf has signed for the delivery the Purchaser is deemed to
have accepted that the goods are undamaged and that everything on the
invoice/packing slip has been received. If it is not possible for the goods to
be checked prior to signing, the signature must be signed for as “unchecked”. If
this is not done the Company may not be able to make a claim from the couriers
on the Purchaser’s behalf for any shortage or damage occurring in transit.
4.3.
The Company will accept no liability whatsoever for any loss or damage to goods
in transit. The goods become the Purchaser’s property when they leave the
Company’s or supplier’s premises. Purchasers are asked to notify the Company
immediately of any problems with the order. If it is likely that the Purchaser
will not be the person signing for the goods (such as deliveries to a work
address) it is the Purchaser’s responsibility to ensure that the person signing
checks the goods or signs for them as unchecked
Section 5. Returns
5.1. If you
are not completely happy with your purchase for any reason you can return it to
us for a refund in accordance with the Consumer Protection (Distance Selling)
Regulations 2000 (DSR)
5.2. Exceptions to DSR qualifying transactions are:
special order goods, goods sold to trade or business buyers, goods made or
modified to your specifications, goods where the sale is concluded by means of
auction
5.3. Notice of cancellation should be within 7 days of receipt of the
goods and must be made by written letter or email. A telephone call is not
accepted as a durable medium by which to give notice of cancellation. We advise
you keep evidence of giving the cancellation notice
5.4. The goods should not
have been used or mounted to your car. We cannot accept any wheels back if they
have been damaged or scratched or are in any worse condition that when they were
sent. Goods should be returned in the original packaging in which they were sent
5.5. Return delivery is at the buyer's expense although we can arrange for
collection and deduct the direct cost of this service from the refund amount. If
the goods are faulty then we pay for the return delivery charge
5.6. Fitting is
the sole responsibility of the Purchaser. If in the unlikely event that the
wheels supplied are not suitable for your car, we will not credit you for any
3rd party fitting charges
5.7. We advise you not to fit any product that looks
damaged in any way. Contact us at your earliest convenience
5.8. We advise that
you test fit wheels sent as rims only for clearances before fitting tyres
5.9.
Reasonable proof of purchase will be necessary when accepting returns
Section 6.
Intellectual Property
6.1. You agree that the content of this website including
all copyright material, trademarks and other intellectual property made
available to you while using this site remain vested in us and our licensors
6.2. You acknowledge to use the site on the basis that the material contained
within is for your personal non-commercial use and that you may only download
such materials to facilitate this aim. Any other use of the material contained
within this site is strictly prohibited and you agree not to (and agree not to
help any third party) to copy, reproduce, transmit, publish, display,
distribute, commercially exploit or create derivative works of such material and
content
Section 7. Warranty
7.1 All warrantees in respect of products sold
provided entirely by the manufacturers are subject to their terms and
conditions. If the Purchaser wishes to pursue a warranty claim the Company will
act on the Purchaser’s behalf. All claims are treated as urgent. Goods may need
to be returned either directly to the manufacturer or to the Company. Goods
being returned under warranty must be accompanied by a valid proof of purchase
and must be returned with carriage paid. Any compensation for breach of
warrantee is payable by the provider of the warrantee.
7.2. Parts modified or
adapted by the purchaser will not be warranted by the manufacturer
Section 8.
Liability and Indemnity
8.1. These T&C do not limit liability for death or
personal injury caused by negligence, fraudulent misrepresentation or any other
liability which may not be limited or excluded under the applicable UK law
8.2.
Subject to above, we will use reasonable endeavours to verify the accuracy of
any information on the site but makes no representation or warranty of any kind
express or implied statutory or otherwise regarding the contents or availability
of the site or that it will be timely or error-free, that defects will be
corrected, or that the site or the server that makes it available are free of
viruses or bugs or represents the full functionality, accuracy, reliability of
the website. We will not be responsible or liable to you for any loss of content
or material uploaded or transmitted through the website and we accept no
liability of any kind for any loss or damage from action taken or taken in
reliance on material or information contained on the site
8.3. Any indemnities,
warranties, terms and conditions (whether express or implied) are hereby
excluded to the fullest extent permitted under the applicable law
8.4. Subject
to 8.1, we will not be liable, in contract, tort (including, without limitation,
negligence), pre-contract or other representations (other than fraudulent on
negligent misrepresentations) or otherwise out of or in connection with the
terms and conditions for any:
i. economic losses (including without limitation
loss of revenues, data, profits, contracts, business or anticipated savings)
ii. or loss of goodwill or reputation
iii. or special or indirect losses
suffered or incurred by that party arising out of or in connection with the
provisions of any matter under these terms and conditions
8.5. Notwithstanding the above, we aggregate liability (whether in contract,
tort or otherwise) for loss or damage shall in any event be limited to a sum
equal to the amount paid or payable by you for the product(s) in respect of one
incident or series of incidents attributable to the same clause
8.6. This clause 8.1 does not affect your statutory rights as a consumer, nor does it affect your
contract cancellation rights
8.7. We will take all reasonable precautions to
keep the details of your order and payment secure, but, unless we are negligent,
we cannot be held liable for any losses caused as a result of unauthorised
access to information provided by you
Section 9. Privacy Policy
This statement
sets out how we use the information that we obtain about you. By using this site
you agree to this use 9.1. We may use the information obtained or provided by
you to:
i. administer our website services
ii. for analysis to enable us to
improve and develop the services we offer. We may keep you informed of other
products and services which we think will interest you from the information we
have
iii. We may use third parties to add information to your record
9.2. In the
interests of preventing fraud and theft for both us and our customers, we may
pass on information from making identity checks and our customer records. Please
also refer to section 10. This information may be supplied to other retailers and
financial organisations involved in fraud prevention to be used in the detection
and prevention of fraud and theft
9.3. We may disclose your information for the
purposes already mentioned to other company employees who have reasonable cause
to have access, our agents to administer accounts, anyone to whom we transfer
our rights and duties under our agreement with you or if we have a duty to do so
9.4. Cookies. A cookie is a small data file sent to your browser by the site
which is then stored on your system. It enables the site to remember you and
your preferences, and which pages you have visited in your viewing session.
Cookies do not transmit any of your personal information, just the network
address of your computer. You can set your browser to stop cookies being used or
notify you when they are installed. Cookies are only used for the duration of
your website visit
9.5. Security. We take all reasonable steps to ensure the
safeguard of your personal information. We do not control the internet
transmission route and as such cannot guarantee the security of any data you
disclose online. You accept the inherent security risks of providing information
over the internet and will not hold us responsible for any breach of security
unless caused by our negligence or wilful default
9.6. General. Your rights
under the Data Protection Act require us to provide you the personal data which
we hold on you upon written notice and payment of a reasonable fee. Other site
to which this site links may have differing privacy policies
Section 10.
Anti-Fraud Measures
The following list are checks we may make to protect our
revenue and eliminate credit card fraud for customer not present transactions
•
AVS/CVV digit verification: The last 3 digits on the signature strip on a
payment card relate to the numbers in the cardholder's billing address. If a
card is used and delivery requested to an address other than the billing
address, it will show as ‘data not matched" during card processing
• Electoral Roll check: The electoral roll holds information on the residents of
most UK addresses so that it can be verified who lives at the delivery address.
•
Directory Enquiries: Used to verify that the caller lives at the address they
claim, and that a landline telephone number corresponds to that address
•
Waiting a few days before despatch: If the card is registered stolen after we
process the payment, we will be informed before goods are despatched
• Signed
order confirmation: provides additional security that they agree to the cost,
and terms and conditions • Faxed/email copy of driving licence: provides proof
of address, photo and signature
• Faxed/email copy of utility bill or credit
card statement: shows proof of address • Call the landline number given by
customer: confirms that the number exists and can be checked against directory
enquiries
• Call a neighbour of the delivery address: asking to speak to the
customer should result in their confirmation that the customer exists
• Parcel
label requiring no re-direction or delivery without ID: means that it cannot be
left with a neighbour or be redirected to any other address except for the
billing address of the cardholder
Section 11. Other
11.1. The contract between
us shall be governed by the laws of England and any dispute between us will be
resolved exclusively in the courts of England
11.2. English is the only language
offered for the conclusion of the contract
11.3. Our products are offered for
sale for domestic use only, if you are planning to use them for business or
commercial purposes please ensure you have adequate insurance cover
11.4. We
shall be under no liability for any delay or failure to deliver products or
otherwise perform any obligation as specified in these terms and conditions if
the same is wholly or partly caused whether directly or indirectly by
circumstances beyond our reasonable control
11.5. To provide increased value to
our customers, we may provide links to other websites or resources for you to
access at your sole discretion. You acknowledge and agree that, as you have
chosen to enter the linked website we are not responsible for the availability
of such external sites or resources, and do not review or endorse and are not
responsible or liable, directly or indirectly, for (1) the privacy practices of
such websites, (2) the content of such websites, including (without limitation)
any advertising, content, products, goods or other materials or services on or
available from such websites or resources or (3) the use to which others make of
these websites or resources, nor for any damage, loss or offence caused or
alleged to be caused by, or in connection with, the use of or reliance on any
such advertising, content, products, goods or other materials or services
available on such external websites or resources
11.6. You may not assign or
sub-contract any of your rights or obligations under these terms and conditions
or any related order for products to any third party unless we have previously
agreed upon in writing
11.7. We reserve the right to transfer, assign, novate or
sub-contract the benefit of the whole or part of any of our rights or
obligations under these terms and conditions or any related contract to any
third party
11.8. If any portion of these terms and conditions is held by any
competent authority to be invalid or unenforceable in whole or in part, the
validity or enforceability of the other sections of these terms and conditions
shall not be affected 11.9. These terms and conditions do not create or confer
any rights or benefits enforceable by any person that is not a party (within the
meaning of the U.K. Contracts (Rights of Third Parties) Act 1999) except:
i.
Autoquae Group Ltd shall have the right to enforce any rights or benefits under
these terms and conditions;
ii. Autoquae Group Ltd shall have the right to
enforce and take the benefit of the rights or benefits of any limitation or
exclusion or limitation of liability in these terms and conditions;
iii. a
person who is a permitted successor or assignee under this section of the rights
or benefits of these terms and conditions may enforce such rights or benefits
iv) No consent from the persons referred to is required for the parties to vary
or rescind these terms and conditions (whether or not in any way that varies or
extinguishes rights or benefits in favour of such third parties)
11.10. No delay
or failure by us to exercise any powers, rights or remedies under these terms
and conditions will operate as a waiver of them nor will any single or partial
exercise of any such powers, rights or remedies preclude any other or further
exercise of them. Any waiver to be effective must be in writing and signed by
our authorised representative
11.11. These terms and conditions including the
documents or other sources referred to in these terms and conditions supersede
all prior representations understandings and agreements between you and us
relating to the use of this website (including the order of products) and sets
forth the entire agreement and understanding between you and us for your use of
this website
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