Definitions
1. Any reference to Company/Seller/We/Us shall mean GERMAN AUTOSPARES who sell or supply cars, used and new specialist motor equipment and accessories in the course of their trade or business.
2. Any reference to You/Buyer/Purchaser shall mean the person detailed on the sales invoice.
3. Goods or equipment ordered shall mean the items detailed in the appropriate section of the sales/order form and it shall be a core term of this agreement that all additional parts, connecting components or ancillary items, not detailed within the sales order form, shall be additional to this agreement.
4. In respect of orders placed via the Internet, such orders shall be mere offers to purchase and shall not be accepted or binding upon the Company until confirmed or acknowledged in writing by the Company by means of invoice or statement confirming acceptance of your order or by despatch of goods to you. Order acknowledgement sent by the Company subsequent to the order and payment shall not amount to confirmation of order. The Company reserve the right to refuse any offer to purchase prior to written confirmation or despatch, where goods ordered become unavailable, the price of goods varies or an error is made by the Company in the price, description or for some other reason, whereupon a full refund of your payment will be made to you, usually in the method you made payment to the Company.
General
5. These conditions shall apply to all of the company's quotations and contracts, orders (including telephone, facsimile transmittal, postal and internet orders) for the sale or supply of goods accepted by the company
6. The company reserves the right to amend technical or clerical errors in any order without notice. In addition, the buyer shall ensure that all details contained within the order are correct prior to submission to the Company. Subsequent to delivery, the Company shall accept no liability for any error or inaccuracy in order unless notified of such error within 30 days of delivery/receipt of any document containing the said error.
Guarantees & Warrantees
7. Used cars and parts will be visually inspected and tested before being put up for sale, unless otherwise stated. The condition of these cars and parts will be accurately described and presented on the website to give a fair representation of what is being offered for sale. We will not be held responsible for any damage or failings related to these items once they have left the premises.
8. All guarantees for new products are provided entirely by the manufacturers/UK importers and are subject to their terms and conditions. If you wish to pursue a warranty claim we shall act on your behalf. Some goods will need to be returned directly to the manufacturer, some will need to be returned to us. Please always contact our office first to confirm. Goods returned under warranty must be accompanied by a valid proof of purchase and must be returned carriage paid. If a manufacturer decides that a warranty claim is not valid then we will not be liable for any compensation. We will not accept any liability for any labour or associated costs involved in a warranty claim.
9. Parts modified or adapted by the purchaser will not be warranted by the manufacturer nor shall we be liable for any failures resulting, subsequent to modification as a result of such modification.
Limitations upon Liability
10. Advice given by agents or servants of this company during telephone/Internet orders is based entirely upon information given by the purchaser with no inspection undertaken. As such, all advice given is indicative only and all such advice should be checked by the purchaser prior to order. Where advice is given after visual inspection by agents or servants of this company, such advice shall amount to an opinion only. Additionally, goods supplied are supplied only to correspond to the purpose for which goods of that kind are commonly supplied and not alternative uses to which they may be put. No liability for failure can be accepted by this company for such alternative use, amendment or modification.
11. Goods ordered should only be fitted by an IMI or City and Guild certificated technician, qualified to level 3 or above. We shall not be liable for any failures or damage directly to the item, or any further failures or damage caused by the item, if any item is fitted by anyone not meeting the above certification criteria.
12. Goods ordered by the Buyer may not be compatible with vehicles which have been modified, adapted or altered. Where goods ordered by the Purchaser are not compatible by reason of modification, adaptation or alteration, the Company may accept such goods back into stock entirely at its discretion, and shall either issue a refund or credit to the purchaser except where goods are specifically ordered for the purchaser where no such refund or credit will operate.
13. Where goods purchased by the buyer are alleged to be defective, the purchaser agrees to return such goods to the seller for inspection and report (without the seller replacing the said goods prior to such inspection). The purchaser also accepts that it is reasonable to inform the seller of any interruption, defect or other failure prior to contacting independent third parties or incurring expense and, in addition, to allow the seller to remedy the defect, failure or interruption. Parts modified or adapted by the purchaser shall no longer be warranted by the manufacturer nor shall the Company be liable for any failures resulting subsequent to modification as a result of such modification.
14. Competition goods are supplied for specialist use and are subject to extreme heat and stress whilst in use. Life expectancy and durability are greatly reduced and purchasers should note that any claim for failure/wear, shall not be entertained by the Company. It is acknowledged by the buyer of such goods that the foregoing statement shall be a relevant and important issue in any claim brought against the Company and the Company shall, in turn, place importance upon this clause. In addition, parts connected to parts supplied by this company may be placed under stress where specialist/competition parts are used, and purchasers should take advice from experts prior to purchase. Manufacturers may also limit guarantees when components are installed for competition use.
15. Where goods are defective, incorrectly supplied, delayed or otherwise in breach of the implied terms of the buyers statutory rights, all losses which result from loss of competition points,awards, loss of entry fees or other similar losses, are excluded and shall not be reclaimable from the Company. In addition, the company shall accept no liability for death or personal.
16. No liability is accepted by the company where purchasers attempt to modify or install components supplied where it is known or ought reasonably to be known to the Purchaser that the part supplied is incorrectly supplied or otherwise not in accordance with the order.
17. With respect to delivery dates quoted by agents or servants of this company during telephone/Internet orders are approximate and the company shall accept no liability for any losses, costs damages, charges or expenses caused by any delay for the delivery of the goods. We advise that the buyer makes no arrangements to have parts fitted until the buyer is in receipt of said goods.
18. All goods are subject to availability and as such the company accepts no liability in respect of failure to supply or other interruptions caused by matters beyond the reasonable control of the company, including but without limitation, strikes, lockouts, civil disputes, acts of God, war or actions by third parties.
19. Notwithstanding any other provision of this Agreement, nothing in this Agreement shall confer a benefit on any person or persons not named as the purchaser herein (for the purposes of the Contract (Rights of Third Parties) Act 1999 or for any other purpose).
Title & Delivery
20. Ownership or Title to the product shall not pass to the buyer until the company has received payment in full. In the event that sums owing in respect of other items ordered remain due, apportionment by this company shall take place without prejudice to the right to retain title or ownership in respect of all goods ordered.
21. Delivery times will be quoted at time of order and all times given for despatch for delivery are approximate and time shall not be of the essence. In any event, delivery times are approximate and variable. When delivery is affected to the purchaser directly or to an independent delivery contractor as agent for the purchaser, risk shall pass to the buyer immediately.
22. The Buyer is required to notify the company, in writing, of any shortage, misdelivery, damage or other discrepancy immediately, or at the latest within seven days of such shortage, misdelivery, damage or discrepancy, thereafter the buyer shall be liable for any such discrepancy. Where delivery is affected to the buyers by using an independent delivery contractor arranged by the buyer, any loss or damage in transit claims should be made directly to the carrier. The company will assist purchasers in making their claim. Buyers should retain all packaging in the event of a claim or return within the terms of this agreement.
23. Delivery and packing prices indicated within the Internet Site are subject to change and will be confirmed at the time of order. Buyers outside the United Kingdom and Ireland shall be quoted approximate prices for delivery and packing prior to order confirmation. If required the Company shall quote for delivery and packing in such instances and confirmation of acceptance shall be required from the Buyer prior to acceptance of order.
Cancellation of orders, Returns & Liability
24. Clauses 29, 30, 31 and 32 below shall only apply to a person who purchases goods as a buyer and is resident within European Economic Community where rights, which accrue by virtue of the Consumer Protection (Distance Selling) Regulations 2000, apply.
25. In accordance with The Consumer Protection (Distance Selling) Regulations 2000, the Buyer shall have the right to cancel any contract for goods made by means of distance communication, in accordance with these Terms and Conditions, within seven working days of delivery of the goods (known as the 'cooling off' period). Special order goods shall not be returnable under the terms of this clause. Beyond seven working days of delivery of the goods (the 'cooling off' period), and within 30 days of delivery of the goods, returns shall be governed by eBay’s Money Back Guarantee. Under no circumstances will we accept returns where the cancellation of the contract occurs after 30 days from the date of delivery. Cancellation of the contract can be effected by service of a Written Notice signed by the Buyer which details clearly the Companies Invoice Number and the name and address of the Buyer, and delivered either by email or post to the addresses printed on the Invoice.
26. If a Written Notice of Cancellation is received by the Company in accordance with clause 31 the Buyer shall become liable to return the goods to the Company forthwith, to such address as directed by the Company in their original packaging (and without having been installed or used and with all relevant seals and enclosures intact) and at the buyer's sole expense.
27. If the Buyer fails to return the goods in accordance with clause 32 within 7 days of the cancellation of the contract, the Company shall be entitled to collect the goods from the buyer and to recover any reasonable costs involved in such collection from the buyer.
28. The Company shall then affect a refund of any monies owing to the buyer in respect of the goods within 30 days from the date of cancellation or receipt of goods by the Company. Such a refund will be subject to any set off of monies to which the Company is entitled under clause 33.
29. Goods purchased and delivered to the buyer otherwise than by means of distance communication (including a Trade buyer) may be returned to the Company in original packaging (and without being installed or used and with all relevant seals and enclosures intact) for credit within 7 days of receipt by the buyer, subject to a restocking charge of not less than 10% of the value of the order. Credit shall be subject to the buyer producing proof of purchase and returning goods carriage paid. Special order goods shall not be returnable by virtue of this clause.
30. The Trade Buyer shall indemnify the company against all actions, claims, demands, penalties and cost brought by or incurred by third parties or this company in tort, contract, infringements of or alleged infringements of patents or registered designs or otherwise arising in connection with the goods or their delivery or unloading or with work done by the company in accordance with the buyers specifications.
31. The Buyer confirms that he shall comply with any or all rules and instructions relating to installation and use of the product concerned and fully accepts that any loss which results from forced, misdirected, inappropriate or unqualified installation or use shall not be accepted by the Company.
Jurisdiction
32. These terms and this agreement (including an agreement concluded by means of distance communication) shall be interpreted in accordance with English Law and industry custom and practice, and English and Welsh courts shall have sole jurisdiction in respect of any dispute arising therefrom.
Card Payments
33. We use the highest level of security and encryption methods available for processing payments online. We also strictly adhere to best practices of data protection and PCI compliance. In plain English... this means that your payment details are as secure as they possibly can be when you make a purchase from us.
Privacy Policy
34. All personal information requested in the making of any purchase is used solely for the purpose of professionally handling the purchase process. We may be required to provide some or all of the information given to a third party for the purpose of completing your purchase. You accept that any third party might have a different privacy policy in place.
