TERMS AND CONDITONS OF SALE
1.1 These terms and conditions apply to your purchase of any products from us on our website.
1.2 Please read these terms and conditions and the documents linked to these terms and conditions carefully. You will need to accept these terms and conditions before we will accept your order.
1.3 We have tried to make these terms and conditions easy to understand but we do understand that You may feel uncertain about some sections when you read them. Our staff are here to help and will be more than happy to assist you with any query you may have.
1.4 If You have a query about these terms and conditions or do not accept them, please contact Us:Telephone: +44 (0)1432 264 264
Schaeffler (UK) Ltd.
Holme Lacy Road
1.5 A copy of these terms and conditions and all other documents which apply to your purchase of a product are available for you to read on our website.
1.6 If you would like this contract in another format (for example: audio, large print, braille) please contact us using the contact details above.
2 DEFINITIONS AND INTERPRETATION
2.3 To make these terms and conditions easy to read we have defined some of the words. If a word begins with a capital letter then this means that the word has been defined. A list of the defined words is set out below:
Acknowledgement Email has the meaning set out in Clause 3.4;
Confirmatory Email has the meaning set out in Clause 3.7;
Contract means any contract between you and us for the sale and purchase of products incorporating these Terms and Conditions;
Order Form has the meaning set out in clause 3.2;
Products means the tractor parts which are available for purchase on the Website;
We / Our / Us means Schaeffler (UK) Limited, a company which is registered in England (company number 00556493) and whose registered office is at Forge Lane, Minworth, Sutton Coldfield, West Midlands B76 1AP. Our VAT number is GB716387713;
Website means https://tractorpartsshop.repxpert.co.uk;
You / Your means you as our customer.
3 PLACING AN ORDER
3.1 This section sets out how a legally binding contract will be formed between you and us.
Completing the Order Form
3.2 To purchase products on our website you will need to fill in and then submit the online order form specifying the product(s) which you require (“Order Form”). You submit the order form by clicking on the "Complete Order and Pay Now" button. Please note that you can only purchase three products on a single order.
3.3 You should check the order form carefully before submitting it. In particular, you must ensure that you have filled in your personal details on the order form correctly (especially your email address and the delivery address and the product(s) which you require) otherwise we will not be able to confirm your order or send the correct product(s) to you. If you need to correct any errors, You can do so before submitting the order form to us.
Acceptance of an Order
3.4 Once you have submitted your order form, we will acknowledge it by email ("Acknowledgement Email"). This does not mean that We have accepted Your order.
3.5 Our acknowledgement email will include certain key information which we are required to send to you before a legally binding contract is formed between you and us. The key information is important as it will form part of the contract. We cannot change that key information once a legally binding contract has been formed unless you agree to it.
3.6 We will contact you if your order has not been accepted. This will usually be because:
(a) The Products are unavailable;
(b) We cannot authorise your payment;
(c) You are not allowed to buy the products from us;
(d) We are not allowed to sell the products to you;
(e) You have ordered too many products; or
(f) There has been a mistake on the pricing or description of the products.
3.7 We will send you an email as soon as possible to confirm that we have accepted your order (“Confirmatory Email”). The confirmatory email will include your order number and personal details.
3.8 Once we have sent the confirmatory email to you a legally binding contract will be formed between you and us and we will be required to send the products to you.
3.9 Please note, you do have the right to cancel the contract and we have set out how you can do that in clause 7 (Cancellations) below.
4.1 We use a third party delivery company to deliver our products. You can see the delivery options which are available to you on our "Delivery Information" page on our website. You will be asked to select your preferred delivery option when you complete the order form.
4.2 Our confirmatory email will tell you the day on which we will intend to deliver the products to you.
4.3 If something happens which:
(a) is outside of Our control; and
(b) affects the estimated date of delivery;
We will contact you by email and give you a revised estimated date for delivery of the products.
4.4 Delivery of the products will take place when we deliver them to the address that you stated in the order form.
4.5 Unless you and we agree otherwise, if we cannot deliver the products within 30 days, we will:
(a) let you know;
(b) cancel your order; and
(c) give you a refund.
4.6 If nobody will be available to take delivery, please contact us using the contact details at clause 1.4.
4.7 You are responsible for the products when delivery has taken place. In other words, the risk in the products passes to you when you take possession of the products.
4.8 We do not make deliveries to any addresses outside of the UK. We also cannot deliver to the Channel Islands.
5 PRICE AND PAYMENT
5.1 The price of the products:
(a) Is the price indicated on the order pages when you submitted your order form;
(b) Is in pounds sterling (£)(GBP);
(c) includes VAT at the applicable rate; and
(d) does not include the cost of delivering the Products (if you want delivery options and costs, visit the "Delivery Information" page on the Website).
5.2 We take all reasonable care to ensure that the price of the Product advised to you is correct. However, it is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is:
(a) less than our stated price at your order date, We will charge the lower amount;
(b) higher than our stated price at your order date, we will contact you for your instructions before we accept your order.
If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.
5.3 We accept the following credit cards and debit cards: VISA and MasterCard. We do not accept other payment options.
5.4 We will do all that we reasonably can to ensure that all of the information you give us when paying for the products is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part we will not be legally responsible to You for any loss that You may suffer if a third party gains unauthorised access to any information that You give Us.
5.5 Your credit card or debit card will only be charged when the Products are dispatched.
5.6 All payments by credit card or debit card need to be authorised by the relevant card issuer. We may also need to use extra security steps via:
(a) the website of Verified by Visa; or
(b) the website of Mastercard®SecureCodeTM.
5.7 If Your payment is not received by Us and You have already received the Products, You:
(a) must pay for the products within 30 days; or
(b) must return them to us as soon as possible. If so, You must keep the Products in your possession, take reasonable care of them (including ensuring that you follow any instructions or manuals given with the Products) and not use them before you return them to us.
5.8 If you do not return any products (such as where you have not paid for them) we may collect the products from you at your expense. We will try to contact you to let you know if we intend to do this.
5.9 Nothing in this clause affects your legal rights to cancel the Contract during the ‘cooling off’ period under Clause 7 (Cancellations).
6 WARRANTY AND FAULTY PRODUCTS
6.1 By law, we are required to supply goods which are as described by us, fit for purpose and of satisfactory quality. We have given you certain promises about the Products in clause 6.2 below. A summary of your key legal rights is set out in the table at the end of this clause.
6.2 We warrant that the Products:
(a) conform to the description of the Products advertised on the website;
(b) are of satisfactory quality, free from defects in materials and workmanship and fit for their intended purpose;
(c) are free from design and other inherent defects;
(d) comply with all relevant legislation in England;
(e) do not infringe the intellectual property rights of any third party; and
(f) are properly labelled, packaged, marked and described in accordance with the order and will be properly packed and secured in such a manner so they reach their destination undamaged and in good condition.
6.3 Please contact us using the contact details at clause 1.4, if you want:
(a) Us to repair the Products;
(b) Us to replace the Products;
(c) A price reduction; or
(d) To reject the Products and get a refund.
6.4 For more detailed information on your rights and what you should expect from us, you can visit the Citizens Advice website www.citizensadvice.uk or call 03454 040506.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information on your rights and what you should expect from us, you can visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of the Product your legal rights entitle you to the following:
· up to 30 days: if the Products are faulty, then you can get an immediate refund.
· up to six months: if the Products can't be repaired or replaced, then you're entitled to a full refund, in most cases.
· up to six years: if the Products do not last a reasonable length of time you may be entitled to some money back.
See also Clause 7 (Cancellations) below on your rights to cancel.
7.1 If you are a consumer (i.e. not buying the product(s) in the course of your business, trade or profession), then you may cancel your order for the products within 14 days without giving any reason.
7.2 The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the Products.
7.3 To exercise your right of cancellation you must inform us (at the address set out in paragraph 1.4 of these Terms and Conditions) of your decision to cancel the order by a clear statement (e.g. a letter sent by post or email).
7.4 To meet the cancellation deadline, it is sufficient for you to send your notice of cancellation before the cancellation period has expired. If you send us a notice of cancellation by post and/or return Product(s) to us, we advise you to keep proof of postage.
7.5 If you decide to cancel your order, we will reimburse you for all payments which we have received from you in relation to your order, including the cost of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive option offered by us).
7.6 We may make a deduction from the reimbursement for loss in value of the Products supplied, if the loss is the result of unnecessary handling by you.
7.7 We will make the reimbursement without undue delay, and no later than:
(a) 14 days after the day we receive back from you the Products supplied; or
(b) (if earlier), 14 days after the day you provide evidence that you have returned the Products to us; or
(c) if no Products were supplied to you, 14 days after the day on which we are informed about your decision to cancel the order.
7.8 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the Products back or you have supplied evidence of having sent the Products back, whichever is the earliest.
7.9 If you have received the Products:
(a) You should not send them back to us. we will arrange to come and collect the Product(s) (including all packaging) from you at the original delivery address for the Product(s);
(b) You will have to bear the direct cost of returning the Products. The costs of collection will be the same as our charges for standard delivery, see "Delivery Information";
(c) Prior to cancelling the order, you will only be liable for any diminished value of the Products resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Products.
7.10 No such rights of cancellation (as set out in Clauses 7.2 to 7.9 above) applies if you are purchasing the Product(s) otherwise than as a consumer.
8 OWNERSHIP OF PRODUCTS
8.1 All Products ordered by you will remain our property until we have delivered the Products to the address stated in the order form.
8.2 If we have not received payment in full for the Products prior to their delivery or collection, then the Products will remain our property until such time as payment is received in full. We reserve the right (subject to applicable law) to terminate your right to use the Products, and to enter your premises and repossess the Products (or to instruct a third party to do so), if payment is not made when due, or if the credit/debit card company declines payment or requires us to return any payment made for the Products, for any reason.
9 OUR LIABILITY TO YOU
9.1 These Terms and Conditions do not exclude or limit our liability (if any) for:
(a) Death or personal injury caused by our negligence;
(c) Fraudulent misrepresentation; or
(d) any matter which it would be illegal for us to exclude or attempt to exclude our liability.
9.2 We are only liable to you for losses which you suffer as a direct result of our breach of these Terms and Conditions and which are reasonably foreseeable. We are not liable for any other losses.
9.3 We are not responsible to you for any business losses that you may incur (including but not limited to lost profits, lost revenues, business interruption or lost data) or for losses to non-consumers.
9.4 You may have other rights granted by law and these Terms and Conditions do not affect these.
10 OUR LIABILITY TO YOU (IF YOU ARE A BUSINESS ONLY)
10.1 The provisions of Clause 9 above do not apply if you are not a consumer (i.e. you are buying the Product(s) in the course of your business, trade or profession).
10.2 The provisions of this Clause 10 apply only if you are buying the Product(s) in the course of your business, trade or profession.
10.3 These Terms and Conditions do not exclude or limit Our liability (if any) for:
(a) Death or personal injury caused by Our negligence;
(c) Fraudulent misrepresentation; or
(d) Any matter which it would be illegal for us to exclude or attempt to exclude our liability.
10.4 Subject to Clause 10.3 We are not liable, whether in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise in connection with the Contract for any:
(a) Loss of profit;
(b) Loss of revenue;
(c) Loss of business; or
(d) Loss of anticipated savings;
In each case whether direct or indirect, or for any indirect, special or consequential loss or damage, howsoever arising.
10.5 Subject to Clause 10.3 Our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise in connection with the Contract shall not exceed 150% of the Product Prices paid or payable (had this Agreement not been breached) under the Contract.
11 PERSONAL DATA ABOUT YOU
12.1 In purchasing a Product, You represent and agree that You are buying the Products solely for Your personal use, and not for trade reasons (for example for resale or commercial distribution).
12.2 These Terms and Conditions are only available in English. No other languages will apply to these Terms and Conditions or any Contracts.
12.3 All Contracts will be governed by English law.
12.4 Any court proceedings must be taken at a court within England and Wales.
12.5 You may not transfer any of Your rights under the Contract to any other person.
We may transfer any of our rights under the Contract to any person or ask any person to fulfil any aspect of it so long as the performance of the Contract is not affected. We will always tell you in writing if this happens. In particular, we may transfer our right to receive payment for the Products from you to a company within our group of companies. We will notify you in writing if we have transferred our right to receive payment under this Clause 12.5.
Currently we have transferred our right to receive payment pursuant to Clause 12.5 above, this will mean:
(a) You authorise HUELLEMANN & STRAUSS ONLINESERVICES S.A. and Heidelberger Payment GmbH to collect payment for the Products from you;
(b) Our obligations to you under the contract will remain unaffected by this transfer. We will continue to be responsible for responding to any comments or queries you have and for handling any complaints you wish to make; and
12.6 Only you and us have any rights under the Contract. No other person shall have any rights under the Contract.
12.7 We may amend these Terms and Conditions from time to time. In these circumstances, we will notify you by email and by displaying a notice on our Website explaining the changes we are making not less than 4 weeks before we make any changes. A copy of the latest version of the Terms and Conditions can be found on the website or is available on request from us.
12.8 You may not use our (or members of our group’s) trademarks or intellectual property without our prior written consent.
12.9 If You are a consumer then nothing in these Terms and Conditions will affect Your statutory rights.