PARTS 4 CARS
Terms & Conditions
1. DEFINITIONS
"Buyer" means the individual or organisation who buys or agrees to buy Used Car Parts from the Seller;
"Checkout" means the act of the Buyer completing an Order on the Seller's Website by providing appropriate contact information and paying for the Used Car Parts; "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
"Contract" means the contract between the Seller and the Buyer for the sale and purchase of Used Car Parts incorporating these Terms and Conditions;
"Order" means the placing of an order for second-hand used car parts using the shopping cart and checkout facilities provided on the Seller via ebay
"Seller" means Parts 4 Cars, 238-244 Bordseley Green, Birmingham, B9 4SU.
"Selling Price" means the selling price of the second-hand used car parts as published on the Seller via ebay or website.
"Shipping Charges" means the delivery, shipping, and packaging costs added to the Order during the checkout process;
"VAT" means Value Added Tax, which is a compulsory sales tax within the UK and Europe with compulsory registration for businesses meeting specific turnover limits;
2. CONDITIONS
a. Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a Consumer.
b. These Terms and Conditions shall apply to all contracts for the sale of Used Car Parts by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
c. Placing an Order for Used Car Parts using ebay or website shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions.
d. The Seller retains the right to cancel an Order if the Buyer cannot fulfil his financial obligations under the Contract or there is an outstanding County Court judgment against the Buyer or the Buyer has been declared bankrupt or the Buyer's organisation is in receivership or under a winding up order;
e. Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
f. The Buyer may cancel the Contract by providing notification in writing to be received by the Seller at least 5 days before the despatch of the Used Car Parts from the Seller's second-hand used car parts centre.
3. ORDERING
a. All Orders for Used Car Parts shall be deemed to be an offer by the Buyer to purchase Used Car Parts pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an Order for any reason.
b. Where the Used Car Parts ordered by the Buyer are not available for some reason, the Buyer shall be notified and receive a full refund within 3 working days.
4. PRICE AND PAYMENT
a. The Selling Price of the Used Car Parts shall be as stipulated on the seller ebay shop or website.
b. The Selling Price does not include Shipping Charges except where indicated on ebay or website
c. The total purchase price, including VAT and Shipping Charges where applicable, will be displayed in the Buyer's Shopping Cart prior to completing the Checkout procedure and prior to the Seller confirming the Order.
d. After the Order is received the Seller shall confirm by email the details, description and total price for the Used Car Parts together with information on the right to cancel prior to the Used Car Parts being shipped.
e. It is the Buyer's responsibility to ensure that the email address they provide is correct and capable of receiving order confirmations and other relevant correspondence from the Seller and PayPal, the credit card processing organisation.
f. Used Car Parts will not be shipped until payment in full is received, cleared and confirmed by PayPal or the Seller's bank.
5. SHIPPING / DELIVERY
a. Used Car Parts will be shipped as soon as possible after payment has been received, using Royal Mail for small items and TNT EXPRESS for larger items.
b. It will not be possible to provide accurate information regarding delivery days or times, as this is solely within the control of the carrier.
c. Delivery of the Used Car Parts shall be made to the Buyer's address specified at the time of making the order and the Buyer shall make all arrangements necessary to take delivery of the Used Car Parts whenever they are tendered for delivery.
d. Title and ownership of the Used Car Parts shall pass to the Buyer upon delivery of the Used Car Parts.
6. SELLER'S RIGHTS
a. The Seller reserves the right to adjust the Selling Price of any Used Car Parts on the Website at any time at its discretion.
b. The Seller reserves the right to withdraw any Used Car Parts from the Website at any time.
c. The Seller shall not be liable to anyone for withdrawing any Used Car Parts from the Website or for refusing to process an order.
7. FITNESS FOR PURPOSE
a. All of the Used Car Parts displayed on the Seller's website have been removed from old second-hand cars, thus none of the parts are new and Buyers are warned that the Seller cannot give any guarantees regarding the fitness for purpose of any parts offered for sale.
b. All second-hand cars are test-driven by the Seller prior to dismantling, and the Seller will highlight any problems found on ebay or website, enabling the Buyer to make a reasonably informed decision prior to placing an Order.
c. The information published on the Seller's website relating to individual Used Car Parts will be based on the test drive and any other known problems, and will include the approximate age of the second-hand car and its speedometer reading at the time of dismantling, and is provided for guidance only and no warranty, approval or guarantee is implied and does not form part of these terms and conditions.
d. The Buyer acknowledges and accepts that the Used Car Parts are second-hand, will not be in pristine condition, and may show signs of wear and normal use.
e. The Seller takes all reasonable steps to ensure the Used Car Parts are in reasonable condition commensurate with their age and period of service, but cannot guarantee that the Used Car Parts are suitable for the Buyers intended use or for fitting into a specific car model.
f. If the Buyer experiences an problems with a Used Car Part, they can return it to Parts 4 Cars at their own expense and the cost of the Used Car Part only will be refunded, and the Buyer is responsible for all outgoing and return packaging and shipping charges.
g. Owing to the high incidence of damage in transit, body panels, doors and windscreens shall only be available for sale within the United Kingdom.
h. Owing to the high shipping costs for engines due to their weight, the Seller prefers to restrict sales to the UK and Europe markets only but not exclusively, as long as the Buyer is aware that they are responsible for all outgoing and return packaging and shipping costs if the engine is returned to the Seller.
8. LIMITATION OF LIABILITY
a. The Seller uses all reasonable efforts to meet its obligations to its Buyers but in the unlikely event of the Seller being breach of contact, the parties agree that the Seller shall, in the absence of fraud, limit its liability to the Selling Price of the Used Car Part listed on the Seller's website at the time the order was first placed.
b. The Seller shall not have any liability for any loss of profits or any other consequential loss or damage of whatever kind suffered by the Buyer arising for any reason or cause or under any circumstances.
9. GENERAL CONDITIONS
a. The Seller shall not be liable for any penalty, loss, injury, damage, or expense arising from any delay or failure in delivery or performance from any cause at all nor shall any delay or failure entitle the Buyer to refuse to accept any delivery or performance of or repudiate the Contract.
b. The headings in these Terms are for convenience only and shall not affect their interpretation.
c. If any provision of these terms is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these terms and the remainder of the provision in question shall be unaffected thereby.
d. Nothing in these terms shall affect the statutory rights of a consumer.
GOVERNING LAW AND JURISDICTION
a. These Terms and Conditions shall be governed by and construed in accordance with English and the Court of England shall have exclusive jurisdiction to hear all or any disputes arising.
