Terms and Conditions
These terms and conditions together with the documents referred to in them (“Terms”) tell you the basis on which we will supply our goods (“Goods”) and services (“Services”) to you. Please read these Terms carefully before ordering any Goods or Services from us. By ordering any of the Goods or Services, you agree to be bound by these Terms which confirmation of you indicate during checkout process.
Please Note: These Terms only apply to "Consumers" (i.e. you are not a business, trade, profession or acting in the capacity of a director, sole trader or partner).
We draw your attention to clause 21 below where we our liability is limited to you
You may wish to retain a copy of these Terms for future reference so we suggest you save an offline copy of this page
1. About Us
1.1 The Goods and Services are provided (and/or promoted as per section 6 of these Terms) by Billy’s Speed Shop LTD. to whom we refer in these Terms as (“we/us/our/BSS”).
1.2 We are registered in England and Wales and have our registered office and main trading address at Unit 7, Keys Business Village, Keys Park Rd, Hednesford WS12 2HA.
1.3 Our company number is 11930631 and our VAT registration is GB 320 1811 59 .
2. About You
2.1 By placing an order with us, you warrant that:
a. you are a Consumer;
b. you are at least 18 years old and legally capable of entering into binding contracts;
c. the information you provide to us during the process of placing an order for Goods and/or Services is accurate, complete and not misleading; and
d. you are fully aware of our Terms what you indicate by accepting these during ordering process.
2.2 You acknowledge that clause 5 (Right to Cancel) of these Terms does not apply unless you are purchasing Goods and/or Services by mail order or from our Website (excluding click and collect and some other Billy’s Speed Shop Services) as a Consumer (in other words, other than in the course of a business, trade or profession);
A – General
3.1 These Terms apply to all Consumer sales of Goods and/or Services provided by us to you, except where it is expressly stated in the provisions that they shall apply to certain Billy’s Speed Shop Services only.
3.2 If there is a conflict between the BSS provisions and any other provisions within these Terms, BSS provision(s) will prevail unless those BSS provisions conflict with current legislation. Please note, your statutory rights are not affected.
3.3. If you are purchasing Goods and/or Services via our Website, subject to section 5 of these Terms , no contract for the supply of Goods and/or Services (“Contract”) will come into existence until we despatch the Goods, send you an email confirming that your Goods have been despatched or start performing the Services (whichever is the earlier).
3.4 If you purchase Goods and/or Services by any means other than via our Website, the Contract will not come into existence until either your order (however it is placed) is accepted by the earliest of (i) our written acknowledgement of your order (via email/electronic website system/other), (ii) delivery of the Goods or (iii) performance of the Services.
3.5 Each order for Goods and/or Services by you to us will be deemed to be an offer by you to purchase Goods and/or Services subject to these Terms. Each order placed by you to us for Goods and/or Services and accepted by us will constitute a separate contract.
3.6 You agree that it is your responsibility to ensure that you have ordered the correct Goods and/or Services from us and that the Goods and/or Services are suitable and fit for the purpose(s) they are intended to be used for by you. We aim to provide as much information as possible with regards to suitability of the product for your purpose. This is done via various channels (phone, email, online chat, blog content or product description). However unless we have not taken part in advising on product suitability and the evidence of that cannot be provided (in a form of a transcript or image evidence) by you, every transaction is strictly treated as completed without providing advice on suitability and responsibility for lack of suitability for purpose remains with you the customer.
3.7 You further agree and must ensure that the information you provide to us during the process of placing an order for Goods and/or Services is accurate, complete and not misleading. We shall not be held responsible for any inaccuracies incomplete or misleading information you provide to us.
4. Goods and Services
5. All brochures, specifications, drawings, catalogues, particulars, shapes, descriptions and illustrations, application guides and information, price lists and other advertising matter (“Product Information”) are intended only to present a general idea of the Goods and/or Services described in them and the images of the Goods on the website or otherwise are for illustrative purposes only.
6. We reserve the right to deliver Goods of a modified design to that of the Product Information provided that any difference does not make the Goods unsuitable for any purpose you have made known to us.
7. The Goods will conform in all material respects to the Product Information and/or any sample provided to and accepted by us. The Goods and/or Services will conform in all material respects with any specification provided to and accepted by us. We reserve the right to amend any design or specification without prior notification provided that it does not adversely affect the performance of the Goods and Services.
8. We cannot guarantee that the appearance and/or colours of Goods (including without limitation paint) shown on the website or otherwise exactly reproduces the appearance and/or colours of the physical Goods themselves. Products may show some colour variations against your vehicle colour (whereby such vehicle colour may have been distorted due to e.g. weather conditions). where we agree to provide a specifically mixed paint product, you agree to check the accuracy and suitability of such product and use in accordance with any manufacturer’s guidance and instructions provided.
9. Please note that tools used to identify mixed paint products via printed samples or the manufacturer’s identification code or electronically analysed either through the Website and/or in-store (“Colour Identification Tools”) indicate the approximate colour of the product only, and are not representative of other characteristics such as the quality, durability or sheen of the eventual product purchased.
10. We recommend that you apply the mixed paint product (refer to clauses 4.4 and 4.5 above) to a test card or small inconspicuous area of bodywork first in order to compare to the actual surface to be painted, before undertaking your vehicle bodywork, and use in accordance with the manufacturer’s instruction and/or guidance.
11. All Goods supplied by us are subject to availability. We reserve the right in the event that we cannot supply you with the Goods that you have ordered, to supply you with substitute goods of equivalent or matching quality. We endeavour to contact you prior issuing the replacement but in the event of lack of contact we reserve the right to dispatch replacements matching technical specifications of the original part. In the event that you do not accept such substitute goods, we shall arrange and be responsible for the cost of collecting such substituted goods from you; subject to the goods being in the condition as provided at clause 6.5.3 and 16.6.2.
12. We retain all copyright and title to all documentation relating to Goods delivered to you by us. This documentation may only be used for the purposes intended in the Contract and not for any other purpose without our permission. It must be returned on demand.
13. Technical specifications are approximations unless specifically stated otherwise.
14. You will not remove, alter, deface, obfuscate or tamper with any of the trademarks, names or numbers affixed to or marked on the Goods nor allow anyone else to do so as appropriate action may be taken by us (or the manufacturer) against you for such infringements.
15. If the Goods are manufactured in accordance with any design or specification provided or made by you, you will compensate us in full on demand for all claims, expenses and liabilities of any nature in connection with them, including any claim, whether actual or alleged, that the design or specification infringes the rights of any third party.
16. We prohibit the audio or video recording of on-site professional or technical Services, or training and consultancy without our prior written consent.
17. Certain Goods are subject to legally prescribed age restriction. If you are placing an order for Goods that by law, we are only permitted to sell to customers who are 18 years of age or older, then by clicking the order confirmation button, you are also confirming to us that you are 18 years of age or older, and you must verify your age to us. You further acknowledge and consent to us taking steps to verify your age by reference to publicly-available third party sources. We reserve the right not to supply age-restricted Goods where we believe that you are below the relevant minimum age.
18. In addition to the provisions of this clause 4 and in respect of appropriate BSS Goods:
a. Our employees, representatives or agents are not authorised to make any representations concerning the Goods or their installation unless confirmed by us in writing. You acknowledge that you do not rely on any representations that have not been confirmed in writing. Nothing in these Terms affects the liability of either party for fraudulent misrepresentation.
b. Any advice or recommendation given by our employees, representatives or agents to you or your employees as to the storage, application, use, servicing or maintenance of the Goods which is not confirmed in writing by us is followed or acted upon entirely at your own risk, and we shall not be liable for any such advice or recommendation which is not so confirmed in writing.
5. Consumer Rights – Right to Cancel
A. Clause 5 only applies if you are a Consumer AND is purchasing Goods and/or Services by mail order or from our Website.
B. Where you purchase Goods in-store or use our click and collect facility, your purchase will take place in-store and this clause 5 shall not apply.
C. This Clause 5 shall also not apply to some BSS Goods and/or Services due to their special order nature.
- In accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and Distance Selling Regulations (DSRs) you have the right to cancel the Contract (subject to clause 5.8 below) for any item bought on the Website for a full refund (except for certain BSS Goods) within 14 days without giving any reason. 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 last Good(s).
- To exercise the right to cancel email customer services on email@example.com, or call 01543 226339, or write to us at Billy’s Speed Shop, Unit 7, Keys Business Village, Keys Park Rd, Hednesford WS12 2HA to inform us of your decision to cancel your order by a clear statement (setting out your name, geographical address, order number and, where available, your telephone number and an e-mail address). To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. Returns will only be processed after receiving and examining the condition of the goods and accepting the return by Billy's Speed Shop.
- If you cancel the Contract under this clause 5, we will reimburse to you all payments received from you, excluding the costs of delivery (unless we have offered free delivery) in case you have changed your mind and wish to return the product. Please take reasonable care of the Goods as we are entitled to deduct an amount from the refund to reflect any loss in value of the goods supplied to you, if the loss is the result of unnecessary handling of the goods by you. All goods must be returned to us in unused condition otherwise we reserve the right to deduct a reasonable loss from payments received from you.
- We will make the reimbursement without undue delay, and not later than –
- 14 days after the day we receive back from you any Goods supplied; or
- (if earlier) 14 days after the day you provide evidence that you have returned the Goods; or
- if there were no Goods supplied, 14 days after the day on which we are informed about your decision to cancel the Contract.
- Where possible 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, subject to the provisions of clause 5.3. We may withhold reimbursement until we have received the Goods back.
- You shall send back the Goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from the Contract to us. The deadline is met if you send back the Goods before the period of 14 days has expired. Y2ou will have to bear the direct cost of returning the Goods if the reason for such return is changing the mind about the purchase and the product has not been used/fitted.
- If you are responsible for the costs of return and we are collecting the Goods from you, we will charge you the direct cost to us of collection - we charge a flat fee of £8.50 for collection. Otherwise you are responsible for sending the goods back to us.
- The right to cancel does not apply to the following kind of contracts:
- Contracts for the supply of BSS Services;
- Contracts for the supply of Goods that are made to the Consumer’s specifications or are personalised;
- Contracts for the supply of Performance Goods as further detailed at Clause 14;
- Contracts for the supply of Goods which are liable to deteriorate or expire rapidly;
- Contracts for the supply of sealed Goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
- Contracts for the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items (such as paint);
- Contracts for the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery; and
- Contracts for the supply of a newspaper, periodical or magazine with the exception of subscription contracts for the supply of such publications.
Our Goodwill Guarantee
5.9 Please note, the terms in clauses 5.9 to 5.11 do not apply to BSS Goods but generally reflect the goodwill guarantee offered Billy’s Speed Shop Unit 7, Keys Business Village, Keys Park Rd, Hednesford WS12 2HA.to its UK Consumers, which is more generous than your legal rights under the Consumer Contracts Regulations and Distance Selling Regulations in the ways set out below. This goodwill guarantee does not affect your legal rights in relation to faulty products (see clause 15.2) or misdescribed products (see clause 16.3):
Right under the Consumer Contracts Regulations 2013
How our goodwill guarantee is more generous
14-day period to change your mind.
30-day period to change your mind
5.10 We shall have no liability for incorrect Goods purchased by you online for foreign registered cars once the cancellation period in this clause 5 lapses. We will not offer advice to customers in respect of the suitability of any Goods prior to purchase unless otherwise explicitly stated.
Electronic Equipment & Software
5.11 Any electronic and/or computer data or programme(s) (or parts or developments thereof) and/or any programming code(s) including source code(s) and object code(s) (“Software”) may be made available to you via the purchase of certain electronic Goods (e.g diagnostic kits). In order to benefit from using such Software you may be required to purchase a license through a single payment, multiple payments or subscription payment(s) (“Software Payments”) with the manufacturer or other third parties (“Software Owner”). By ordering such electronic Goods (including any Software) you acknowledge and agree that we have no control over such Software or Software Payments notwithstanding we may collect these Software Payments on behalf of the Software Owner.
5.12 By using the Software, you agree to be bound by the Software Owner’s terms and conditions.
5.13 We do not create or commission the creation of any Software and cannot be held responsible for the content or for any changes, mistakes, faults, defects, inaccuracies, irregularities or any other problems (“Software Problems”) encountered with any Software data. Any Software Problems will be the Software Owner’s responsibility and should be directed to the Software Owner.
5.14 Notwithstanding the remaining provisions of this clause 5, you acknowledge and agree that whilst you may cancel your Order for certain Goods within 14 days and we may reimburse you for such Goods (e.g diagnostic kits) we cannot reimburse you for any Software Payments.
5.15 You will be wholly responsible for the use of the Software and any Software Payments incurred or to be incurred and we shall have no liability to you in this regard.
5.16 In the event that the Software has been opened/used/activated, you shall not be entitled to any refund for the Software.
5.17 Nothing in this clause affects your statutory rights.
6. Promotions and Incentives
6.1 On occasions we will offer promotional codes and discounts herein described as ‘Promotional Code(s)’ (including without limitation discounts, offers, promotions, prize draws, vouchers, competitions etc.) via different channels to new and/or existing customers.
6.2 By using any Promotional Code(s), you are agreeing to the following;
6.3.1 A Promotional Code may only be redeemed online at our Website. Discounts and/or free items cannot be redeemed in-store, via telephone or mail order unless expressly advertised.
6.3.2 A Promotional Code cannot be used in conjunction with any other offer, discount or promotion. Only one Promotional Code can be used per transaction/household.
6.3.3 A Promotional Code is redeemed by entering such code at the appropriate point on the online purchase order process for a qualifying purchase or in the case of discounts, vouchers and/or free items, as expressly advertised.
6.3.4 A Promotional Code is not exchangeable for cash and is not to be used in conjunction with any other offer, discount or promotions. The Promotional Code cannot be used for the purchase of gift vouchers and/or gift cards.
6.3.5 The Promotional Codes are non-transferable and non-refundable.
6.3.6 The Promotional Codes are not available to employees of Billy’s Speed Shop Employees or any other associated companies.
6.3.7 We accept no responsibility for Promotional Codes that are illegible, lost, delayed or damaged during any such promotion, on any media or channel delivered via or electronically on the website. Promotional Codes not submitted in accordance with these Terms, or incomplete, illegible, expired or otherwise defective shall be rejected and/or disqualified and our decision is final.
By entering any such Promotional Code(s), your personal data will be held by Billy’s Speed Shop in accordance with Clause 29 and for the purpose of administering any Promotional Code(s) and contacting you in relation to the same or other promotional material or information.
6.4. Period Of Use::
6.4.1 A Promotional Code is only valid during the period identified and on the dates and for the products specified in the media it was delivered in.
6.4.2 If no period is specified above, the Promotional Code shall be valid for no longer than 3 days from launch (but only whilst that particular Promotional Code is still available).
6.4.3 We reserve the right to (i) cancel or withdraw any Promotional Code, (ii) refuse to allow any customer to participate in the Promotional Code, (iii) decline to accept orders where, in its opinion the Promotional Code is invalid for the order being placed (iv) exclude any single or group of products from any general promotion (such excluded products can be found during the online order process at the relevant checkout stage upon entry of the Promotional Code, or prior to your purchase by emailing: firstname.lastname@example.org) and (v) amend this clause 6 (and we will use reasonable endeavours to notify changes to participants).
6.5. Returns of products or cancellation of order:
6.5.1 Your right to cancel under clause 5 shall apply to any Goods ordered and/or Services (except for BSS Services) received by use of a Promotional Code.
6.5.2 In the case of a free item being offered, all items are subject to availability and we reserve the right to substitute such free item for any reason, for that of similar quality and value.
6.5.3 In the case of a returned order, any free items must be returned as new, at the same time in its original packaging and the product documentation, with proof of the Promotional Code used and at your own cost and risk. The Goods must not have been used and, where applicable, must not have been removed from the sealed clear packaging. This includes electrical items, which are supplied in sealed clear packaging. Failure to return the item as new, or in part, whole or at all, then we reserve the right to deduct the full price of the free part from your credit.
6.5.4 In the case of a credited part or order, only the amount paid (less the cost of any free item if applicable) will be credited.
6.5.5 Where the redemption of a Promotional Code is subject to a minimum spend requirement, redemption is only permitted in respect of the purchase of the qualifying products (as communicated to you when issuing the Promotional Code).
6.5.6 Where a Promotional code has been communicated via email the Promotional Code is non-transferable and the email address provided with the order must be the same as the email address to which the Promotion was sent.
Where there is any conflict in this clause 6 with any other terms whatsoever attached to any other advertising material in respect of such Promotional Code, this clause 6 shall apply. This clause 6 shall only apply to Promotional Codes and Goods or Services purchased by you using such Promotional Codes and the remaining clauses shall continue to apply otherwise.
7.1 Subject to clause 7.2, the price(s) of the Goods and Services will be as quoted in our Product Information or any other marketing literature from time to time except in cases of error (see clause 7.2.2). The prices may be altered at any time without notification to take into account any increase in our costs (including but not limited to the cost of materials, labour, transport or other overheads, any tax, duty or variation in exchange rates).
7.2 For Goods and/or Services purchased via our Website, the price you pay is the price displayed on this Website at the time we receive your order apart from the following exceptions:
7.2.1 For Goods reserved online via our click and collect facility or via any other reservation service the price you pay is the price on the day of collection;
7.2.2 While we try and ensure that all our prices on our Website are accurate, some prices may be incorrectly listed. If we discover an error in the price of the Goods you have ordered, we will inform you as soon as possible and offer you the Goods at the correct price. We are under no obligation to provide Goods or Services to you at an incorrect, lower price, even after we have acknowledged your order or despatched the Goods or started performance of the Services. If we cannot contact you, we will treat the order as cancelled. If payment has been made and you wish to cancel your order, you will receive a full refund of the price paid;
7.2.3 Please note that the prices payable for Goods and Services in-store may vary from those stated on our Website
7.3 Where there is no error in our pricing as per clause 7.2.2 or otherwise, the prices that you pay for the Goods and Services will be those ruling (in the case of Goods) at the date of despatch of the Goods or (in the case of Services) our confirmation of the start date of the Services.
7.4 We list prices as both inclusive and exclusive of VAT. All prices are exclusive of any other sales tax or duty that may be applicable which will be payable in addition to the price unless otherwise stated.
7.5 Unless otherwise specified, the delivery costs (if any) will be quoted at the time you place your order for Goods. The entire cost of any other mode of transport or any special deliveries other than the standard delivery service we offer, will be covered by you, as will delivery to locations outside of the United Kingdom.
7.6 No allowance will be credited for Goods collected from our premises by you rather than delivered by us.
7.8 In addition to the provisions of clauses 7.1 and 7.6 above the following clauses 7.8 to 7.9 shall apply to WS Goods and/or Services only.
7.9 Unless otherwise specified, the price is exclusive of delivery (and return) and installation. The cost of delivery to you (and any return) and carrying out of any Services and installation of the Goods will be wholly borne by you.
7.10 We reserve the right by written notice to you before completion of the Contract to vary the price of the Goods and/or Services to take into account increases in costs including (without limitation) the costs of any materials, carriage, labour or overheads, the increase or imposition of any tax, duty or other levy and any variation in exchange rates.
Unless otherwise stated all quotations are valid only for 30 days from their date of publication.
9.1 Payment of Goods and Services will be made in full to us without deductions or set-off in cash/guaranteed cheque/credit debit card or bank transfer when an order is placed.
9.2 All of the payments made via the Website are processed by the external party that is responsible for your personal data and card details. Billy’s Speed Shop does not process any sensitive data regarding payment although some payment details can be accessed to a level where replication of card use is impossible.
9.3 Payments by credit or debit card will only be accepted where the card holder is present in person at our premises or where the card in question has been verified on our Website, subject to clause 5.
9.4 Without prejudice to any other rights that we may have (including the right to suspend any further deliveries or service), if you fail to pay the invoice price by the due date to us we may charge you interest on any overdue amount from the date of which payment was due to that on which it is made (whether before or after judgment) on a daily basis in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 and reimburse to us all costs and expenses (including legal costs) incurred in the collection of any overdue amount.
9.5 If you only make a part payment towards any invoice or for any debts owed to us then we are required to allocate your payment in equal proportions to the amounts outstanding and you cannot choose how the payment is allocated. We may at our sole discretion apply the money that you have paid against invoices raised or debts due to us in the order in which they occurred (being against the oldest debt first).
9.6 We do not accept cheques as payment option.
10.1 The Goods are delivered to you upon completion of the order via selected by us carrier unless specific carrier selection offer is present during checkout process.
10.2 Time of delivery will not be of the essence and any delivery date is an estimate only. We will use all reasonable endeavours to avoid late deliveries. You will have the right to cancel any order without liability to us if delivery is more than 30 days late. This clause 10.2 sets out your only remedy for such delay.
10.3 The quantity of any consignment of Goods as recorded by us upon despatch from our place of business will be conclusive evidence of the quantity received by you on delivery unless you can provide conclusive evidence proving the contrary.
10.4 Our liability for non-delivery of the Goods will be limited to, at our discretion, replacing the Goods within a reasonable time, issuing a credit note at the pro rata Contract rate against any invoice raised for such Goods or a refund of the purchase price paid.
10.5 Any claim that any Goods have been delivered damaged or do not materially comply with their description will be notified by you to us and (where appropriate, to the carrier) within 24 hours of their delivery. Provided that you return such Goods to us in accordance with clause 16, we will at our sole discretion replace such Goods, issue you with a credit note for the price of such Goods or refund the price paid for such Goods. The provisions of this clause 10.5 set out your sole remedy in such circumstances.
10.6 Any claim that any Goods have not been delivered to you by us or our appointed carriers where we claim we have delivered the same to you, or left the Goods in a safe place or delivered the Goods to your neighbour and/or our appointed carriers have obtained a signature for the delivery of the Goods (from any of the above (where applicable), such claim must be notified by you to us within 7 days of their expected delivery. We shall then liaise with our carrier and/or our driver and we may require copies of two forms of personal identification documents from you (such as passport, driving licence, bank card etc.) or any third party. Once we have reviewed all documentary evidence and statements from the relevant drivers we shall then come back to you within a reasonable timescale of our decision (to replace such Goods, issue you with a credit note for the price of such Goods, refund the price paid for such Goods or to not provide any of the aforementioned) which shall be final and binding. The provisions of this clause 10.6 set out your sole remedy in such circumstances.
10.7 We may at our discretion deliver the Goods by instalments in any sequence. Where the Goods are delivered by instalments, no default or failure by us in respect of any one or more instalments will vitiate the Contract in respect of the Goods previously delivered or undelivered Goods.
10.8 If you fail to take delivery of the Goods or accept performance of the Services or any part thereof at the time agreed for delivery, then we will be entitled to cancel or suspend such delivery and all other outstanding deliveries and to charge you for the reasonable loss suffered.
10.9 Notwithstanding clause 5.3, if you fail to take delivery of the Goods or fail to give us adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond your reasonable control or by reason of our fault) then, without limiting any other right or remedy available to us, we may at our absolute discretion:
10.9.1 store the Goods until actual delivery and charge you for the reasonable costs (including insurance) of the failed delivery, storage and re-delivery; or
10.9.2 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to you for the excess over the price under the Contract or charge you for any shortfall below the price under the Contract.
10.10 We shall not be liable for any delay in Delivery of the Goods howsoever caused and time for Delivery shall not be of the essence of any contract for us.
10.11 The Goods may be delivered by us in advance of the estimated delivery date which shall be confirmed with you (“Advance Date”).
10.12 If for any reason it is not possible for you to accept Delivery on that Advance Date you must notify us immediately in writing upon you receiving confirmation of the Advance Date.
10.13 You will indemnify us for any processing, delivery and return costs incurred by us or and/or our agents if you fail to provide us with appropriate notice and the Goods have been dispatched.
10.14 We may (at our discretion) deliver the Goods in instalments in any sequence, in which case each delivery shall constitute a separate contract and failure by us to deliver any one or more of the instalments in accordance with these terms or any claim by you in respect of any one or more instalments will not vitiate the Contract in respect of the Goods previously delivered or any undelivered Goods nor shall it entitle you to treat the Contract as a whole as repudiated.
11. Delivery of Heavy Goods
It is your responsibility to provide the means for unloading Heavy Goods on delivery unless agreed by us otherwise in writing. We will inform you in advance if any special means will be required to unload the Goods at your premises.
12. Storage and Disposal
12.1 If you fail to take delivery of the Goods when they are ready for delivery we may, at our option, either store them ourselves or have them stored by third parties on such terms as we may in our own discretion think fit. In any event the cost of storage will be borne by you if one occurs.
12.2 Where you are buying replacement electrical and electronic equipment (“Replacement EEE”) as a Consumer you have certain obligations under the WEEE Regulations to take back WEEE without charge. You can return WEEE to us in accordance with the provisions below where you are buying Replacement EEE as a Consumer:
12.3 All purchased Electronic Equipment through our website needs to be returned to our registered address: Unit 7, Keys Business Village, Keys Park Rd, Hednesford WS12 2HA. All returns must be completed within 28 days of purchase.
12.4 Our obligations to take back WEEE only apply to household users of electrical items.
12.5 Further information on the environmental impact of WEEE and the WEEE Regulations can be found on or https://www.gov.uk/electricalwaste-producer-supplier-responsibilities
13. Risk and Title
13.1 Subject to the remainder of this clause 13, risk (responsibility) in the Goods passes when Goods are delivered to you.
13.2 For the purpose of section 12 of the Sale of Goods Act 1979 we will transfer only such title or rights in respect of the Goods as we have and if the Goods are purchased from a third party will transfer only such title or rights as that party had and has transferred to us.
13.3 Notwithstanding clause 13.2, title (ownership) in the Goods will remain with us and will not pass to you until the amount due under the invoice for them or any other outstanding invoice from us to you including any invoice outstanding from our Group of Companies to you (including interest and costs) has been paid in full.
13.4 We may maintain an action for the price of any Goods notwithstanding that title in them has not passed to you.
14. Performance Goods
14.1 Performance goods are supplied for specialist use and usually alter the vehicle from manufacturers’ specification. They can be subject to extreme use when compared to the usual goods that we supply (“Performance Goods”). The life expectancy and durability of Performance Goods can differ to standard goods depending on the item, and therefore you should note that a claim for failure or wear of the Performance Goods shall not be entertained by us. Any warranty claims sought in relation to Performance Goods shall be strictly subject to the manufacturers’ warranty terms for such items. It is also important that you know if an item falls into the category of Performance goods, for example uprated exhausts/suspension/air filters/performance brake parts. If you are unsure it is your responsibility to seek advice.
14.2 No liability shall be accepted by us where you attempt to modify or install Performance Goods where it is known or ought reasonably to be known by you that the Performance Goods have been incorrectly supplied or otherwise not in accordance with your order. Further, due to the stress that is placed on connected parts to which the Performance Goods are supplied, we strongly recommend that specialist advice from our experts or other third party certified entities is sought prior to purchase to ensure the Performance Goods are satisfactory for your vehicle. It is also recommended that you gain advice from a specialist garage to ensure the item purchased is suitable for your vehicle or planned use.
14.3 In the event that you purchase any Performance Goods, you must ensure that you are aware of the following:
14.3.1 Performance Goods and any modifications to your vehicle may render your motor vehicle insurance to be invalid and may also invalidate any vehicle warranty cover you may have. We bear no responsibility on any failure by you to advise your insurers or warranty providers, or for the invalidity of such policies;
14.3.2 some Performance Goods are designed solely for track and race use, and it is your responsibility to ensure any alterations made to your vehicle are compliant and in accordance with legal and regulatory requirements in the UK or the country in which you use such vehicle;
14.3.3 Performance Goods and any modifications to your vehicle may adjust the emission output of your vehicle, and it is your responsibility to ensure that any alterations made to your vehicle are compliant with the legal and regulatory requirements for emission in the UK or the country in which you use such vehicle; and
14.3.4 it is your responsibility to ensure that any Performance Goods applied to vehicles or any modified vehicles on public roads are legal, safe and compliant with UK regulatory requirements for use on public roads.
14.3.5 As Performance Goods are not standard equipment, parts fitted, electrical parts or parts supplied specifically for a performance or modified vehicle cannot be returned unless deemed as faulty under the manufacturers’ warranty. Therefore, Performance Goods are exempt from the ‘No Quibble’ option as set out in clause 15.2.2 below; and shall only be subject to the warranty provisions as contained within clause 15.2.1 below.
15.1 Subject to clauses 14.1 and 15.6 and the provisions within these Terms relating to each of the Goods (except lubricants which shall include liquids, oils and coolants etc.) are supplied with the benefit of a warranty given by the Goods’ manufacturers (details of which will be provided to you with the Goods or otherwise on request (“the Warranty”) provided that you comply with the conditions set out in clause 15.2 as well as any provided with the Warranty (“Warranty Conditions”).
15.2 If Goods become faulty during the period of the Warranty for reasons unconnected with your acts, omissions or misuse of the Goods or are qualifying Goods as per clause 15.2.2, the following two options may be applicable to you (subject to clause 15.6):
15.2.1 notify us in writing and/or by completing a warranty claim (Link on Web to a form) form (including a description of the fault) and return such Goods to us. Such Goods shall be returned to the manufacturer for review and testing. Based on the manufacturers’ opinion and further subject to clause 15.5 and 15.6, we will repair, (or at our sole option) replace such Goods with the same or superior Goods, without charge or not provide any of the fore mentioned. The manufacturer’s opinion shall be final, and binding and we shall have no further liability to you. If Goods become faulty after expiry of the Warranty, we will not be held liable for any replacement or repairs that you request for such Goods.
15.2.2 certain Goods qualify for our ‘No Quibble’ exchange policy (details of which Goods qualify can be found in-store). Should the Goods you purchased qualify and comply with our Warranty Conditions, they can be exchanged for an immediate replacement of the same Goods purchased (for the avoidance of doubt, no other goods can be exchanged for the Goods purchased and only a like for like exchange will be accepted) and we shall waive our right to have the Goods previously purchased by you and returned for exchange, to be tested. You must note that should you opt for the No Quibble exchange, we will return the Goods purchased to the manufacturer and/or have them destroyed, and you will have no rights to make any further claims (such as those listed within clause 21.4) in relation to the Goods returned. You will need to complete a warranty claims form (which will be provided in-store) without which your claim will not be valid, confirming your acceptance to our ‘No Quibble’ exchange policy.
15.3 Your sole remedy in respect of a failure of the Goods to comply with the Warranty is as set out in the Warranty Conditions.
15.4 We will be afforded reasonable opportunity and facilities to investigate any claims made under the Warranty and you will if so, requested in writing by us promptly return any Goods the subject of any claim and any packing materials securely packed, and carriage paid to us for examination.
15.5 We will have no liability with regards to any claim in respect of which you have not complied with the warranty claim procedure in the Warranty Conditions.
15.6 The above warranty is given by us subject to us having no liability in respect of any defect arising from wear and tear, wilful damage, negligence, modification(s), tampering of the Goods, incorrect fitting of the Goods by you and/or a third party, abnormal working conditions, failure to follow our and/or the Goods’ manufacturers’ instructions (whether oral or in writing), misuse or alteration or repair of the Goods without our approval or for Goods fitted to any vehicle that is modified contrary to the vehicle manufacturer’s specifications and/or (default) factory settings.
16. Refunds Policy
16.1 If you are exercising your right to change your mind in accordance with clause 5:
16.1.1 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we can inspect the Goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
16.1.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost or free but you choose to have the Goods delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
16.2 Where the product is a service, we may deduct from any refund an amount for the supply of the Service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, 14 days of you telling us you have changed your mind, subject to when the Service is terminated, and we are aware of this.
16.3 When you return Goods to us which are outside the terms of Clause 5 and are returned in-store, via the Website or otherwise and are incorrectly supplied or the Goods have been misdescribed to you, provided the Goods are returned as new in their original packaging, these items shall be refunded, exchanged or replaced if they are returned within 365 days in comparison with the full coverage of the contract.
16.4 We will make any refunds due to you as soon as reasonably possible.
16.5 If you are exercising your right to change your mind then if the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the Goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the Goods back to us. For information about how to return Goods to us, see clause 5.
In all other cases, your refund will be made within:
- 14 days of date of purchase of the Goods and proof of purchase is supplied; and
- for any other reason (outside the terms of Clause 5), we will examine the returned Goods and will either notify you in-store (if the Goods were bought from us directly) in writing or via e-mail within a reasonable time of the refund (if any at all) to which you are entitled. We will usually process the refund due to you as soon as possible thereafter. For any entitlement of a refund to be due to you, the returned Goods must be in the same condition in which you received them with the original packaging and the product documentation. The Goods must not have been used (such as any smell of without limitation fuel, toxins or rubber shall invalidate any refund due to you) and, where applicable, must not have been removed from the sealed clear packaging. This includes electrical items, which are supplied in sealed clear packaging. Goods returned to us because they fail to comply with the Warranty will be refunded in accordance with the provisions of the Warranty Conditions
We will pay the costs of return:
- if the Goods are faulty (as per clause 1.3) or misdescribed as per clause 16.3;
- if you are ending the Contract because we have told you of an upcoming change to the Goods or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
- on occasions, in accordance with Clause 5.
16.6 "Special Order" means any Goods that are not held in stock by us (a non-stock item which may include) and are therefore ordered and/or manufactured specifically as per your request. Payment in full is required for such Special Orders at the time the Special Order is placed with us. Special Orders that are manufactured specifically as per your request are non-refundable except at our sole discretion or if the Contract is cancelled as per the terms of Clause 5. In such instance we reserve the right to apply a restocking fee of 25% of the price of the Special Order, which shall be deducted from any refund due to you.” – please verify if that could be the case.
16.7 We will normally refund any money due to you using the same method originally used by you to pay for your purchase. This may take your bank approximately 3-5 working days from the date the refund is processed by us.
16.8 Please Note: We will not accept responsibility for loss or damage of returning Goods during transit hence we will only deal with the claim based on the state of goods returned to us.
17. Exchange Unit Surcharge
Where service exchange units are purchased, you will be invoiced with a sum referred to as a “surcharge” which is in respect of the old unit that you may return to us. If the old unit is returned within 7 days from the delivery date a credit note will be issued by us in respect of the “surcharge” provided that the old unit is identical to the unit purchased and in a condition in our sole discretion that enables it to be re-manufactured.
18. Limitation of Liability
18.1 Subject to the provisions of these terms, the following provisions set out our entire financial liability (including any liability for the acts or omissions of our employees, agents and sub-contractors) to you in respect of:
18.1.1 any breach of these terms; and
18.1.2 any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.
18.2 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979 (as amended)) are, to the fullest extent permitted by law, excluded from the Contract.
18.3 Nothing in these terms excludes or limits our liability:
18.3.1 for death or personal injury caused by our negligence;
18.3.2 under section 2(3) of the Consumer Protection Act 1987;
18.3.3 for fraud or for fraudulent misrepresentation; or
18.3.4 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
18.4 Subject to clause 21.3, we will not be liable to you for:
18.4.1 any indirect or consequential, special or punitive loss, damage, costs or expenses;
18.4.2 loss of profit;
18.4.3 loss of business;
18.4.4 loss of income or revenue;
18.4.5 loss or corruption of or damage to data;
18.4.6 waste of management or office time; or
18.4.7 depletion of goodwill.
18.5 Without prejudice to clause 18.3, our total liability to you under or connected with these terms will not exceed one hundred and twenty-five per cent (125%) of the price paid for the Goods and/or Services for any one event or series of connected events.
19. Termination and Suspension
19.1 We may at our discretion suspend or terminate the supply of any Goods or Services if you fail to make any payment when and as due or otherwise defaults in any of your obligations under the Contract or any other agreement with us or if any of the events set out in clause 13.8 occur.
19.2 On the termination of the Contract for any reason:
- we will not be obliged to supply any Goods and Services ordered by you unless already paid for; and
- all payments payable to us under the Contract will become due immediately upon termination of this Contract despite any other provision.
19.3 The termination of this Contract will not affect the respective rights and liabilities of each of the parties thereto which accrued prior to such termination nor any provisions which either expressly or impliedly are to remain in operation after termination.
19.4 Orders accepted by us are cancellable only at our discretion and we may charge for all work carried out or expenses incurred in relation to the order before our acceptance of cancellation.
20. Termination and Suspension
We will not be liable for any failure in the performance of any of our obligations under the Contract caused by factors outside our control as determined solely by us.
21.1 If you have any questions or complaints about any Goods or Services supplied by us, please contact us. You can telephone our consumer service team at 01543 226339 or write to us at Customer Service, Billy's Speed Shop Unit 7, Keys Business Village, Keys Park Rd, Hednesford WS12 2HA and/or email@example.com. Alternatively, please come and see us in person in our store.
21.2 We are under a legal duty to supply Goods and Services that are in conformity with the Contract. To assist you, please see the box below for a summary of your key legal rights in relation to Goods and Services. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please 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 life of your Goods your legal rights entitle you to the following:
If your product is Services, the Consumer Rights Act 2015 says:
22.3 Under current EU Regulations we are also required to provide Consumers with an electronic link to the Online Dispute Resolution (ODR) platform. You can submit a complaint via the Online Dispute Resolution platform, which can be found at http://ec.europa.eu
22. Law and Jurisdiction
This Contract will be governed by English law and you consent to the exclusive jurisdiction of the English courts in all matters regarding it.
23.1 Any notice given under this Contract will be in writing and may be served personally, by registered or recorded delivery mail, in printed form (the latter confirmed by post), by email (evidence confirming the same by post) or by any other means which any party specifies by notice to the other.
23.2 Each party's address for the service of notice will be:
- Us - the address specified in clause 1.2 or such other address and facsimile number as we specify by notice to you; and
- You - the address and facsimile number given to us at the time an order is placed with us.
23.3 A notice will be deemed to have been served: if it was served in person, at the time of service, if it was served by post, 48 hours after it was posted, if it was served in printed version, at the time of transmission and if via email once it has been transmitted.
24. Data Protection
25.1 Each of our rights or remedies under the Contract is without prejudice to any other right or remedy that we may have whether under the Contract or not.
25.2 If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it will to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision will continue in full force and effect.
25.3 Failure or delay by us in enforcing or partially enforcing any provision of the Contract will not be construed as a waiver of any of our rights under the Contract.
25.4 Any waiver by us of any breach of, or any default under, any provision of the Contract by you will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of the Contract.
25.5 Save as for any of our Group of Companies which shall be entitled to enforce for its own benefit any of the provisions in this Contract which expressly or by implication apply to or confer a benefit on it, neither of us intend that any term of this Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
25.5 Subject to clause 30.8, this Contract is personal to the parties and neither party shall assign, transfer, mortgage, charge, subcontract or deal in any other manner with any or all of its rights and obligations under this Contract without the prior written consent of the other party such consent not to be unreasonably withheld or delayed.
25.6 Each party confirms it is acting on its own behalf and not for the benefit of any other person.
25.7 We may assign, transfer or subcontract any or all of our rights and obligations under this Contract to a member of our group of companies without any requirement to obtain consent from you.
In case of any questions you may contact Billy’s Speed Shop by email at firstname.lastname@example.org