PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND KEEP A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE
1. Format of the Contract
1.1 These terms of sale apply to all goods supplied by Sachs-UK (hereafter known as The Supplier).
1.2 No contract exists between you and the Supplier for the sale of any goods until the Supplier has received and accepted your order and the Supplier has received payment in full (in cleared funds). Once the Supplier does so, there is a binding legal contract between us.
1.3 By way of clarification, an acknowledgement of your order will be sent to you via e-mail when you place your order, but acceptance of your offer to buy the goods will not take place until after your payment is taken and you receive your acceptance e-mail. It is at this point that a binding legal contract is created and any contract is subject to these Terms and Conditions.
1.4 The contract is subject to your right of cancellation (see below).
1.5 The Supplier may change these terms of sale without notice to you in relation to future sales.
2. Description and price of the goods
2.1 The description and price of the goods you order will be as shown on the Suppliers website at the time you place your order.
2.2 The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, the Supplier will inform you as soon as possible and refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
2.3 Every effort is made to ensure that prices shown on the Suppliers website are accurate at the time you place your order. If an error is found, the Supplier will inform you as soon as possible and offer you the option of reconfirming your order at the correct price, or cancelling your order. If the Supplier does not receive an order confirmation within 7 days of informing you of the error, the order will be cancelled automatically. If you cancel, the Supplier will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
2.4 In addition to the price, you may be required to pay a delivery charge for the goods.
3. Payment
3.1 Payment for the goods and delivery charges can be made by any method shown on the Suppliers website at the time you place your order. Payment shall be due before the delivery date and time for payment shall be of the essence.
3.2 There will be no delivery until cleared funds are received.
3.3 Payments shall be made by you without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless you have a valid court order requiring an amount equal to such deduction to be paid by the Supplier to you.
3.4 Payments with major credit / debit cards are accepted but address verification is required. All payments are authorised using full secure banking with the necessary fraud prevention tools. PayPal payments are also accepted if account holders address is verified and confirmed.
3.5 Cheques , postal orders, bankers drafts are accepted but should include a copy of relevant listing / item number / eBay user id (if you have one) / vehicle details should be sent to : Midland CS Payments, 92 Great Brickkiln St, Wolverhampton, WV3 0PU, UK.
4. Delivery
4.1 The goods you order will be delivered to the address you give when you place your order, except that some deliveries are not made outside the United Kingdom.
4.2 Orders placed before 1:00 pm on a working day will be processed that day and will be delivered as per the requested delivery option provided no additional security checks are required and all stock items are available. (A working day is any day other than weekends and bank or other public holidays.)
4.3 If delivery cannot be made to your address for reasons under the Suppliers control the Supplier will inform you as soon as possible and refund or re-credit you for any sum that has been paid by you or debited from your credit card for delivery.
4.4 If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under control of the Supplier) then without prejudice to any other right or remedy available to the Supplier, the Supplier may:
4.4.1 Store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or
4.4.2 Sell the goods at the best readily obtainable price and (after deducting all reasonable storage and selling expenses) account to you for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods.
4.5 If you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations the Supplier shall refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods, less any expenses incurred for failed delivery.
4.6 Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, the Supplier will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, the Supplier will inform you as soon as possible.
4.7 Time for delivery shall not be of the essence. The goods may be delivered by the Supplier in advance of the quoted delivery date.
4.8 The shipping fee you see on each listing is the fee for UK mainland only. Postage charges listed exclude Highlands of Scotland, Inverness, Offshore Islands, Channel Islands and any remote postcodes.
4.8.1 The supplier can offer a postage cost for delivery to all other areas of the UK and most of the world. Please contact the supplier if you would like one of their items but are not from the UK mainland.
5. Risk/Title
5.1 The goods are at your risk from the time of delivery
5.2 Ownership of the goods shall not pass to you until the Supplier has received in full (in cash or cleared funds) all sums due to it in respect of:
5.2.1 The goods, and
5.2.2 All other sums which are or which become due to the Supplier from you on any account.
5.3 The Supplier shall be entitled to recover payment for the goods notwithstanding that ownership of any of the goods has not passed from the Supplier.
6. Title for Business Customers
6.1 If you are a business customer until ownership of the goods has passed to you, you must:
6.1.1 Store the goods (at no cost to the Supplier) separately from all your other goods and goods of any third party in such a way that they remain readily identifiable as the Suppliers property;
6.1.2 Not destroy, deface or obscure any identifying mark or packaging on or relating to the goods;
6.1.3 Maintain the goods in satisfactory condition and keep them insured on the Suppliers behalf for their full price against all risks to the reasonable satisfaction of the Supplier. On request you shall produce the policy of insurance to the Supplier; and
6.1.4 Hold the proceeds of the insurance referred to in condition 6.1.2 on trust for the Supplier and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.
6.2 If you are a business customer your right to possession of the goods shall terminate immediately if:
6.2.1 You have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency; or
6.2.2 You suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you or you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or you cease to trade; or
6.2.3 You encumber or in any way charge any of the goods.
7. Your right of cancellation
7.1 You have the right to cancel the contract at any time up to the end of 14 working days after you receive the goods.
7.2 To exercise your right of cancellation, you must give notice to the Supplier by phone, letter or email, giving details of the goods ordered and (where appropriate) their delivery.
7.3 You are also advised that any products ordered incorrectly by the buyer are the buyer’s responsibility and will incur a returns charge.
7.4 Arranging the return:
7.4.1 Contact the Customer Services department (01902 717 313) with details of the return:
a. Part numbers
b. Quantities
c. Reason for return
7.4.2 They will take the details of the return and confirm what items we can accept in the return within 48 hours.
7.4.3 Please arrange the delivery of your goods.
7.5 Returning:
7.5.1 All parcels should be identified with a returns confirmation number on it.
7.6 Processing:
7.6.1 Once received, the return will be processed and you shall be notified in writing about credit value and any rejections.
7.6.2 If there are any rejections, you should provide details on what you want us to do with the items. You have 7 days to notify us of the your wish to collect items. Rejected Items must be returned to us in an acceptable condition. The product should not have been fitted, it should not be damaged and the box should also be in good condition. The returns department will check the condition of returned items and any unsatisfactory items will be rejected. These items can be returned to the customer at there cost once confirmed and an invoice shall be raised to cover the cost of carriage, or the customer can instruct us to scrap the items on site (this will be done anyhow if the customer does not instruct within 30 days).
7.6.3 The customer service returns agent that is dealing with the return will provide notification of the rejections, the customer must then instruct on what to do with the rejected parts within 7 days. If no response is received, the item will be scrapped within 7 days. The customer has the right to query the reasons for rejecting an item; these should be directed to the customer services department, quoting the returns confirmation number.
7.7 All parts should be verified as correct by us via Email/Ebay/Quote number message before purchase otherwise purchase remains responsibility of buyer and will incur a good stock returns charge.
8.1 Warranty Process (For items that have been fitted to a vehicle) Standard Warranty Scheme Scope:
8.1.1 All claims for products where reimbursement for extra costs is being sought must be returned to us for examination, with a completed Standard Warranty claim form.
8.1.2 If the customer is claiming other costs, full details with copy invoices must be attached to the completed warranty claim form. Retrospective claims will not be considered.
8.1.3 All commercial vehicle clutch claims must be returned to us for examination with a completed Standard Warranty claim form.
8.1.4 We will accept CV clutch claims returned along with an Old Core collection but they MUST be clearly labeled.
8.1.5 If the claim is accepted, a credit will be raised and the parts destroyed.
8.1.6 If the claim is rejected, a report will be sent out and the parts returned to you if you confirm requirement within 30 days or parts will be destroyed.
8.2 Warranty Claims Procedures:
8.2.1 Authorisation to return a warranty must be obtained from Customer Services or the Warranty Department by phoning to obtain a unique warranty number.
8.2.2 All warranties must be securely packaged and sent to us with a returns number displayed on the outside of the package.
8.2.3 A completed claim form MUST accompany the Warranty. Rejected Warranty Claims:
8.2.4 Customers will be informed when a claim has been rejected.
8.2.5 Customers must confirm if they require the rejected parts to be returned within 30 days or they will be disposed of.
8.2.6 Carriage will be charged to return ALL rejected warranty claims.
8.3 Terms of Warranty on Sachs Boge products are as follows: Sachs& Boge Shock Absorbers (Pass. Car) 24 Months
8.3.1 Unlimited Mileage CV Sachs & Boge Shock Absorbers (Std Warranty only) 12 Months - Unlimited Mileage Sachs Car Clutch 24 Months
8.3.2 Unlimited Mileage Sachs CV Clutch (Std Warranty Only) 24 Months - 100,000 Kilometres Boge Road Springs 12 Months
8.3.2 Unlimited Mileage Boge Steering/Suspension 12 Months - Unlimited Mileage Stabilus Gas Lifts 12 Months
8.3.3 Unlimited Mileage F.T.E. Hydraulics (Std Warranty Only) 12 Months - Unlimited Mileage LMI Product (Std Warranty Only) 12 Months
8.3.4 Unlimited Mileage If a warranty claim is paid for (WithLabour) then the labour costs will be paid out at our rate of £30.00 p/h at the ICME rate and in accordance with there estimated fitting times.
9. Limitation of Liability
9.1 the Suppliers total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the price paid for the goods.
9.2 Nothing in these conditions excludes or limits the liability of the Supplier for death or personal injury caused by the Suppliers negligence or fraudulent misrepresentation.
9.3 If you are a business customer the Supplier shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.
10. Data Protection: The Supplier will take all reasonable precautions to keep the details of your order and payment secure but unless the Supplier is negligent, the Supplier will not be liable for unauthorised access to information supplied by you.
11. Applicable Law: These terms of sale and the supply of the goods will be subject to English law and the English courts will have jurisdiction in respect of any dispute arising from the contract.
12. Images: Product images are for illustrative purposes only. Please refer to product listings for colours and specifications.
13. Disclaimer: The items offered by the Supplier are only intended for use in a legal manner. It is the sole responsibility of the Buyer (and not the Supplier) to ascertain and obey all laws, which apply to the possession and use of any item from the Supplier. Please consult National, local, State and Federal Laws before placing an order. By placing an order, the Buyer represents that he/she is of legal age and that products ordered will only be used in a lawful manner. The Buyer agrees that he/she will not use or allow others to use any item from the Supplier in an illegal fashion. The Buyer further agrees to hold the Supplier harmless for claims, actions, and legal and/or court fees brought against him/her in connection with any use of products ordered from.
