Custom charges and Duty (Import Tax) is the sole responsibility of the buyer to pay to receive the goods they have bought.
1. Warranty Information. 1.1. Please note that the fitment of these parts to you vehicle may invalidate its warranty. BHP FACTORY accepts no liability for damage to your vehicle caused by any of these parts. Some of the parts listed on the web site may be for show use only and not for use on the public highway. BHP FACTORY Products will not be held responsible when products intended for off road use are used on the public highway. If you are in any doubt as to use, please ask before ordering. Your statutory rights are not affected by any BHP FACTORY Products disclaimers. Items that carry a manufacturer's warranty are still covered by their warranty.Goods bought for competition usage, time trials, sport or similar have no warranty.BHP FACTORY RESERVE THE RIGHT TO NOT SHIP OUT OF THE UK< ALL NON UK MAINLAND BUYERS MUST CONTACT US PRIOR TO PURCHASE.
***** YOU MUST ADVISE US OF NON RECEIPT OF GOODS WITHIN 7 DAYS OF YOUR PURCHASE, OTHERWISE OUR SHIPPING COMPANY WILL NOT COVER YOUR LOSS ****
2. Returns Information.
2.1. Please ensure your buying the correct product as the web site may show products in your specific vehicle category that may not actually fit your vehicle. Please verify this before you submit your order as it is your responsibility to know the item is the part you want. If you are in any doubt whatsoever, please contact the manufacturer before placing your order with us. BHP FACTORY Products will not accept any cancellation, refund or exchange for the product you ordered if it will not fit your vehicle through incorrect purchase.
2.2. If BHP FACTORY Products sends you an incorrect item and it is our error then please notify us within Seven days of receiving it. We will require that you to return it to us in it's original as-new condition within Seven days. Once it arrives back BHP FACTORY we will thoroughly inspect it and issue a replacement or refund as necessary. Any postage charges incurred by you for these returns will be refunded. BHP FACTORY are not notified within seven days of delivery, or you have not returned the item to BHP FACTORY within ten days then no refund or replacement will be issued.
2.3. If your purchased item was damaged in-transit to you then you must notify us immediately of taking delivery of the item. Please thoroughly inspect your item(s) as soon as they arrive with you. In the case of a courier delivery, do not sign for the item until you check it's condition as no refund can be made if you sign for it.
2.4 Electrical goods found faulty must be returned with proof that the goods were professionally fitted. A copy of the electrical company’s certificate of competence must also be accompanied with the returned goods.
2.4. In all other cases we may consider offering a refund, replacement or credit within seven days of you taking delivery of the item. Returns will only be accepted if goods are in new and unused condition and in their original packaging. Postage or shipping charges will not be refunded. All returns are subject to a restocking fee of up to fifteen percent of the price of the item which we need to charge to offset the cost of our order processing. We will not accept returns for goods which were sold as special offers either on our web site or anywhere else unless we specifically said so in writing prior to dispatch.
2.5. Please Note we will not accept returns for goods which were delivered to the customer more than twenty eight days before notification of a fault. The only exception to this is for items with manufacturer warranties where replacements may be available.
3. Special Terms and Conditions for Vehicle Body Kits.
3.1. All vehicle body kit fitment should only be performed by a qualified professionals with experience in fitting vehicle body kits. Some body kits may require some modification for proper fitment. Pre-fitment preparation may be necessary. Be sure to pre-fit all body kits before painting.
3.2. Some body kits are intended for off-road or show or race use only and may require modifying or removing original factory bumper reinforcements. The buyer of such a body kit fully understands the risks associated with such modifications and will not hold SpD Automotive Ltd Products responsible for any damages resulting from the use of these products.
3.3. BHP FACTORY will not guarantee any delivery times and will not be held liable for any costs incurred for the storage of a vehicle at a body shop, or for any delay in the delivery. Please do not put your vehicle in a body shop until you receive your body kit. Bodykit parts can take longer than twenty eight days for delivery. In ordering a bodykit from BHP FACTORY, you are agreeing to the above terms and conditions. 4. Terms and Conditions (General)
4.1. BHP FACTORY website terms and conditions for use. These terms and conditions apply to the use of the United Kingdom. BHP FACTORY and by accessing this website and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions you may not use or access this website.
5. Definitions.
5.1. "Conditions" means these terms and conditions and the "Special Conditions"; "Online Sales" means sales conducted through the Website; "Product" means a product displayed for sale on the Website; "Product Description" means that part of the Website where certain terms and conditions in respect of the individual Product are provided; "Special Conditions" means the terms and conditions in the Product Description; "Users" means the users of the Website collectively; "User Information" means the details provided by you to us; "We/us" means BHP FACTORY; "Website" means the website located at www.japshop.co.uk or any subsequent URL which may replace it or any of our sub-sites (list available on request); "United Kingdom" means England, Wales, Scotland and Northern Ireland and "You" means a user of the Website.
Use of the website
6. Access.
6.1. We will provide you with access to the Website and the Online Sales in accordance with the Conditions.
7. Indemnity.
7.1. You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of the Website, or the use by any other person accessing the Website using your information.
8. Use of the website.
8.1. We reserve the right to: Modify or withdraw, temporarily or permanently, the Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
9. Third Party Links.
9.1. In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such 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 content, goods or services available on such external sites or resources.
Purchase of products
10. Orders.
10.1. All orders are subject to acceptance in accordance with our Order Acceptance Policy and availability. If the Product you have ordered is not available from stock the item will be sent to you in due course once re-stocks have arrived with Us, or sent direct from one of our suppliers to you. We will not contact you before hand to inform you of stock levels, where the item is coming from, nor who it will come from (unless requested by You). We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website. Click here to find out more about our Cancellation Policy and our Return Policy both of which are incorporated into these Conditions.
10.2. Each Product purchased, be it new or used, is sold subject to its Product Description which sets out additional specific terms and conditions related to that Product including, without limitation terms and conditions concerning estimated delivery times and warranty.
10.3. All details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was inputted. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on the Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with our Order Acceptance Policy.
Payment
10.4 Tyres fitted to wheels are bespoke packages and cannot be returned without prior agreement. Any agreement between BHP FACTORY must me made in writing. A removal of tyres is charged at £12.50 per wheel and tyre, and then a restocking fee of 25% will be charged to all parts returned to stock. Wheels that have had tyres removed are considered second hand and will then be sold in our bargain section.
10.5 Second hand wheels & second hand wheel and packages cannot be returned without prior agreement. Any agreement between BHP FACTORY must me made in writing.
A removal of tyres is charged at £12.50 per wheel and tyre, and then a restocking fee of 25% will be charged to all parts returned to stock.
11. Description Of Products.
11.1. All prices are inclusive of VAT at the current rates and are correct at the time of entering information. The total cost of your order is the price of the Products ordered plus Shipping Charges.Payment can be made by any of the specified Payment Methods. Payment will be debited and cleared from your account before the despatch of your Product. You confirm that the credit/debit card that is being used is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.
12. Refusal Of Transaction.
12.1. We reserve the right to withdraw any Products from the Website at any time and/or remove, screen or edit any materials or content on the Website. We may refuse to process a transaction for any reason or refuse service to anyone at any time in our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any Product from the Website whether or not that Product has been sold; removing, screening or editing any materials or content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun. The eligibility to purchase Products on the Website is limited to those parties who satisfy our Eligibility Criteria. By making an offer to buy a Product, you specifically authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time, including but not limited to your credit-card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions. General
13. Intellectual Property And Right To Use.
13.1. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
13.2. You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
14. Compliance With Laws.
14.1. The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
15. Limitation Of Liability.
15.1. While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy.
15.2. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
15.3. We make no warranty that the Website will meet your requirements or will be uninterrupted, timely, secure 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 materials. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
15.4. To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer.
15.5. We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for: any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or any loss of goodwill or reputation; or any special or indirect losses; in any case whether or not such losses were within the contemplation of the parties at the date of the Conditions, suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.
15.6. Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
16. Severance.
16.1. If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not effect the validity and enforceability of any of the remaining provisions of the Conditions.
17. Waiver.
17.1. No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
18. Survival.
18.1. Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
19. Entire Agreement.
19.1. We intend that these Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by poth parties. In this way, we can avoid any problems surrounding what BHP FACTORY (and sub-sites) and you the customer is expected to do.
19.2. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of the Conditions and you agree that, save as set out below, you shall have no remedy in respect of any misrepresentation.
19.3. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.
20. Law.
20.1. The Conditions shall be governed by and construed in accordance with the UK law and you irrevocably submit to the exclusive jurisdiction of the UK courts.
20a. Offshore
20a.1. For shipping overseas (outside of the UK) we will contact you on receiving your order (and prior to processing it) to quote for shipping charges and times
21.Items and Descriptions.
21.1.Most of the photographs and graphics have been supplied by our suppliers. On placing an order please verify via email or telephone prior to ordering. 22. Catalytic Converter.
22.1 Why should I have a catalytic converter?
If your car was fitted after 1st August 1992 with a catalytic converter from new, you need to have one for the MoT. It needs to be in good working order to comply with the Government's emissions legislation. The engine has been designed to work with a Cat and besides giving out toxic emissions; the performance will be reduced if your Cat is not working properly. You will fail the annual MoT if you either it is not present or it is not in good working order. Can I remove my Cat? If your car was registered after 1st August 1992 you must have the Cat present and working for the MoT. Previously registered cars can have the Cat permanently removed. Why do people want to remove their Cats? Without a Cat the engine gives more power and reduced petrol consumption. You may remove the Cat for track / competition / display use, for example, which we can do for you. At BHP FACTORY customer care is our number one priority. If you have any questions, please contact us.
23.Carbon Products
23.1"Due to the nature of the material used in the manufacture of this product, inherent flaws and slight imperfections are to be expected in the weave pattern. BHP FACTORY nor any of it Authorised Distributors can accept any responsibility for the disruption of the weave, as this is a common occurrence in products manufactured of this material."
01772 299828 or by email at bhpfactory@hotmail.co.uk and let us know if you are not completely satisfied.
Here at BHP FACTORY we will deal with any complaint you may have in a fair, professional manner and treat it with the utmost confidentially. We will deal with all complaints effectively and our procedures that are in place allowing customers to complain will be easy to use. We will acknowledge any complaint within five working days and provide you with a possible time scale for resolving it. We will keep you notified as to the progress relating to your complaint.
