FOR SUPPLY OF GOODS & SERVICES OF DIFFLOCK.COM LTD
In this document the following words shall have the following meanings:
1.1 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.2 "Customer" means any person who purchases Goods and Services from the Supplier;
1.3 "Goods" means the articles specified in the Proposal;
1.4 "Proposal" means a statement of work, quotation or other similar document describing the Goods and Services to be provided by the Supplier;
1.5 "Services" means the services specified in the Proposal;
1.6 "Supplier" means Difflock.com PO Box 48, EX36 9AF.
1.7 "Terms and Conditions" means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier.
2.1 These Terms and Conditions shall apply to all contracts for the supply of Goods and Services by the Supplier to the Customer and shall prevail over any other documentation or communication from the Customer.
2.2 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.
2.3 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Supplier may be entitled in relation to the Goods and Services, by virtue of any statute, law or regulation.
2.4 Nothing in these Terms and Conditions shall affect the Customer's statutory rights as a Consumer.
3 THE ORDER
3.1 The Proposal attached to these Terms and Conditions shall remain valid for a period of fourteen days including the cooling off period in section 4.4 .
3.2 The Customer shall be deemed to have accepted the Proposal by placing an order with the Supplier ("the Order") within the period specified in Clause 3.1. The Customer fully understands the description of the goods and services prior to placing an order.
3.3 All Orders for Goods and Services shall be deemed to be acceptance of the Proposal pursuant to these Terms and Conditions.
4 PRICE AND PAYMENT
4.1 The price for the Goods and Services is as specified in the Proposal and is inclusive of VAT and any applicable charges outlined in the Proposal.
4.2 The price shall be the price quoted on the website except when we make an error or if the price has changed since publication. If we have made an error, then we will inform you of this as soon after you have placed your order as possible and will tell you the correct price and ask you if you still wish to place your order with us
4.3 Payment of the price shall be in the manner specified in the Proposal.
4.4 If the Customer fails to make any payment within eight days of it becoming due, the Supplier shall be entitled to charge interest at the rate of 8% per month above the base rate on the outstanding amounts.
4.5 The customer may return the goods within 7 days from our shipment date if they are not entirely satisfied with them representing a ‘cooling off period’. Any payment made shall be refunded in full LESS all shipment charges. Goods received back under this condition 4.4 must be as new otherwise full payment remains due. External packaging, where applicable, should be returned fully intact.
4.6 The supplier reserves the right to charge 20% of the retail goods value (excluding any VAT) as an administration fee / handling charge for any returned goods.
5.1 The date of delivery specified by the Supplier is an estimate only. Time for delivery shall not be of the essence of the contract and the Supplier shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods. We aim to dispatch your order, at the latest, within 48 hours of the order being placed. If there are stock shortages we will notify you by email.
5.2 All risk in the Goods shall pass to the Customer upon delivery.
Title in the Goods shall not pass to the Customer until the Supplier has been paid in full for the Goods.
7 CUSTOMER'S OBLIGATIONS
To enable the Supplier to perform its obligations the Customer shall:
7.1 co-operate with the Supplier;
7.2 provide the Supplier with any information reasonably required by the Supplier;
7.3 obtain all necessary permissions, licenses and consents which may be required before the commencement of the services, the cost of which shall be the sole responsibility of the Customer; and
7.4 comply with such other requirements as may be set out in the Proposal or otherwise agreed between the parties.
8 SUPPLIER'S OBLIGATIONS
8.1The Supplier warrants that the Goods will at the time of delivery correspond to the description given by the Supplier. If the part number is not available at time of order we reserve the right to change to a different Manufacturer of similar quality but the same part number.
8.2 The Supplier shall perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice.
8.3 The Supplier accepts all responsibility for the condition of tools and equipment used in the performance of the Services and shall ensure that any materials supplied shall be free of defects.
8.4 In addition to the Customer's statutory rights, the Supplier guarantees all Goods against faulty workmanship and materials for the period offered by the manufacturer from the date of delivery.
8.5 The supplier is NOT responsible for any loss, costs, damages, charges or expenses caused directly or indirectly in respect of parts required to be refitted as a result of a fault warranted for the period by the manufacturer from the date of delivery.
9 CANCELLATIONS AND REFUNDS
9.1 Where the Goods are faulty or do not comply with any of the contract, the Customer must notify the Supplier within three days of delivery and the Customer shall be entitled to replacement Goods or a full refund.
9.2 The Customer may cancel an Order by notifying the Supplier in writing at the address above within seven days of placing an Order and any deposit paid will be refunded in full. If goods have been dispatched, the customer will be liable for the return carriage costs on all items sent back, in additional the initial cost of postage of the order, will be deducted from the refund.
9.3 If the Customer fails to cancel the order within the time specified in Clause 9.2 any deposit paid may not be returnable.
9.4 The supplier reserves the right to charge 20% of the retail goods value (excluding any VAT) as an administration fee / handling charge for any returned or replacement goods.
9.5 All returns must be received in good condition at our distribution centre. Goods will not be accepted if they are damaged, scratched, or if they have been fitted/altered in any way. All goods should be returned in the correct protective packaging. Returns should be adequately wrapped and at least as well protected as it was sent by us originally. Items inadequately protected/wrapped will not be accepted for return, or a charge may be made to rectify. Items must be returned within 14 days of the original purchase date.
9.6 Any ‘special orders’ (ie a colour matched product, painted to your vehicles colour or where wheels and tyres are mounted in size/style/tread pattern etc to suit your vehicle) which the customer would like to cancel/return to us, is to be returned at their expense.
10 LIMITATION OF LIABILITY
10.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury, however the Supplier shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price for the Goods and Services.
10.2 The Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
10.3 For the avoidance of doubt, time shall not be of the essence and the Supplier shall incur no liability to the Customer in respect of any failure to complete the Services by any agreed completion date.
11 WARRANTY CONDITIONS
11.1 It is the customer’s responsibility to remove and place faulty parts from a vehicle and return them to our Distribution Centre.
12 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
13 GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.