SmartCarSuperStore - Terms and Conditions of Trading
Definitions
1) In this contract the following expressions have the following meanings,
a. “the company” means Smart Car Super Store Ltd (SCSS) trading as Smartarse Design
b. “the purchaser/buyer” means any person, partnership, sole trader, business, body corporate or other entity. Where a person deals and transacts entirely as a consumer, statutory rights shall not be affected. Where the term buyer appears within these terms it shall mean both trade and consumer purchaser/buyer unless specified as relating to a trade buyer or consumer buyer individually.
c. “the goods” means the items/products detailed in the sales invoice/order form
d. “price” shall mean the consideration due for purchase. The purchaser should note that prices quoted may vary during the currency of brochures (upwards or downwards) and current prices are quoted at the time of the order. In respect of orders placed via the Internet, these shall not be accepted by us until confirmed.
e. “centres” means commercial units that SCSS have based in the UK
General
2) Web site information, leaflet descriptions and samples on display within our centres are indicative only and any weights, measurements, specifications and technical data (whether relating to performance or otherwise) have been prepared by the manufactures and are for guidance only and shall not form a description within the meaning of Sale of Goods Act (as amended). Buyers are therefore required to check current specification, colours, weights and measurements with manufactures, prior to order, as no liability shall be accepted by the company for any claim arising therefrom. Manufacturers also reserve the right to amend specification, without notice, where amendment becomes necessary or in order to improve products.
3) The company reserves the right to amend technical or clerical errors in any order without prior notice, in addition, the buyer shall ensure that all details contained within the order are correct and no liability for any error or inaccuracy shall lie with the company unless notified of such error within 3 days of receipt of any documentation containing the said error.
Guarantees
4) All guarantees for products are provided entirely by the manufacturers or the company and are subject to terms contained therein. Purchasers are reminded to complete all warranty cards/ documents upon receipt of goods where appropriate.
Limitations Upon Liability
5) Advise given by agents or servants of this company during visits to our centres, telephone, internet orders or in writing is based entirely upon information given by the purchaser with no inspection of their vehicle undertaken by the company. No liability can therefore be accepted by the company for incorrect advice given and all such advice should be checked by the purchaser prior to order. Where advise is given after visual inspection by agents or servants of the company, such advice shall amount to an opinion only and the company shall not accept liability for any inaccuracies. Additionally goods supplied are supplied only to correspond for 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.
6) For trade buyers the company is hereby excluded from any liability, however arising, in respect of any express or implied condition, warranty or term, statement, representation whether statutory or otherwise, relating to the goods supplied. The trade buyer accepts that he is best placed to insure against losses which arise by virtue of any breech of this agreement and warrants that he carries adequate insurance in this respect.
7) Where goods or services purchased by the buyer are alleged to be defective, the purchaser agrees to return such goods to the seller for inspection (without the seller replacing the said goods prior to such inspection). The purchaser also agrees that it shall be reasonable for the seller to inspect, repair or replace (at its discretion) such defective goods and allow manufacturers to undertake such inspections so as to allow production methods to be modified/improved. The purchaser also agrees that it is reasonable to inform the seller of any interruption, defect or failure prior to contacting third parties or incurring expense and in addition shall agree to allow the seller to remedy the defect, failure or interruption at its discretion. In the event of a dispute the seller will agree to an independent engineer to be appointed on a shared cost basis to establish the claimed faults and an arbitrator to agree a remedy to resolve the dispute.
8) 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 from subsequent modification.
9) Where goods are defective, incorrectly supplied, delayed or otherwise in breach of implied terms of the buyers statutory rights, all losses are excluded and shall not be reclaimable from the company. In addition the company shall accept no liability for death or personal injury.
10) 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 that the part supplied is incorrectly supplied, defective or otherwise not in accordance with the order.
11) The company accepts no liability in respect of failure to supply, caused by matters beyond the reasonable control of the company, including strikes, civil disputes, war actions, acts of God or third parties.
Retention of title
12) The company retains legal and beneficial title to the goods until the company has received payment for the goods in full. The company reserve the right to deal with its property in any manner it thinks fit and shall be at liberty at any time to retake possession of the same or any part thereof and for that purpose, the buyer irrevocably authorises the company, its servants or agents to enter without notice into or upon any premises of the buyer or premises of which the buyer has possession or control, in addition the buyer irrevocably instructs all and any of its servants or agents to deliver up such property in their possession or under their control to the company or its servants or agents forthwith upon demand being made by the company.
Payment
13) All goods shall be paid for in full prior to dispatch.
14) The company reserve the right to claim back from the buyer any bank charges resulting from returned payments from the bank/ building society in addition if a buyer fails to make a payment then without prejudice to any other rights the company shall be entitled to charge the buyer interest (both before and after judgement) on the amount unpaid 2 % above HSBC bank plc base rate until the payment and interest has been paid in full.
Delivery
15) Suggested delivery dates and promises of delivery are made in good faith and every effort will be made to keep delivery dates given but time and place of delivery shall not be of the essence of this contract and the seller shall not be liable for any loss due to delay or failure to deliver.
16) The buyer is required to notify the company of any shortage, damaged goods, non-arrival or other discrepancy within 3 days.
17) Where delivery is effected to the buyers own delivery contractor, loss or damage in transit claims should be made directly to the carrier. The company shall assist purchasers in making their claims.
Returns
18) Goods ordered in error by the buyer may be returned within 7 days of the despatch date provided
a. the goods are in saleable condition i.e. the goods are in their original packaging (without having been installed or used) and with all relevant seals and closures intact.
b. the company is notified of the discrepancies within 3 days of the despatch date.
c. Special orders will not be eligible for return.
Jurisdiction
19) This agreement shall be interpreted in accordance with English law and industry and custom practice, English courts shall have sole jurisdiction in respect of any dispute arising there from. In respect of internet sales, jurisdiction or the agreement shall be with English law and it shall be deemed that any agreement is made in Romsey, Hampshire irrespective of any rule of contract dictating otherwise.
Insurance declaration
SCSS recommends that all customers seek advise and agreement from their insurance company before they add any SCSS products or services etc to their cars that will effect the cars handling or performance in any way. Failure to do this will be the customers responsibility.
DELIVERY
UK Delivery Times - Items In Stock
SCSS aims to deliver items to you within a maximum period of 5 working days. Our average delivery times are approximately 3 days from placing your order.
UK Delivery Times - Items Out Of Stock & Pre Order Items
If you order an item that is "Out Of Stock", we will email you shortly after receiving your order (within a maximum of 5 days) and inform you of the expected delivery date of your order. If the expected delivery date is not acceptable to you, you can cancel your order.
International Delivery Times - Items In Stock
Please enquire for International Shipping times.
PRIVACY
SCSS is very aware that you are concerned how information about you is used and shared. We appreciate your trust and will show the appropriate respect. This notice describes our privacy policy. By visiting SCSS, you are accepting the practices described in this Privacy Notice.
What Personal Information About Customers Does SCSS Gather?
The information we learn from customers helps us personalize and continually improve your shopping experience at SCSS. Here are the types of information we gather.
Information You Give Us:
We receive and store any information you share with us at our centres, enter on our Web site or give us in any other way. You can choose not to provide certain information, but then you might not be able to take advantage of many of our features. We use the information that you provide for such purposes as responding to your requests, customizing future shopping for you, improving our centres, and communicating with you.
Automatic Information:
We receive and store certain types of information whenever you interact with us. For example, like many Web sites, we use "cookies," and we obtain certain types of information when your Web browser accesses Smartarse-Design. A number of companies offer utilities designed to help you visit Web sites anonymously. Although we will not be able to provide you with a personalized experience at Smartarse-Design if we cannot recognize you, we want you to be aware that these tools exist.
Email Communications:
If you do not want to receive email or other mail from us, please let us know so we can adjust your details accordingly.
What About Cookies?
Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your Web browser to enable our systems to recognize your browser and to provide features such as automatic login and permanent shopping carts for storage of items in your Shopping Cart between visits. The "help" portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. However, cookies allow you to take full advantage of some of Smartarse Design’s features, and we recommend that you leave them turned on.
Does SCSS Share the Information It Receives?
Information about our customers is an important part of our business, and we do not sell it to others.
Protection of SCSS and Others:
We release account and other personal information when we believe release is appropriate to comply with law; enforce or apply our Conditions of Use and other agreements; or protect the rights, property, or safety of SCSS, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.
With Your Consent:
Other than as set out above, you will receive notice when information about you might go to third parties, and you will have an opportunity to choose not to share the information.
Children
SCSS does not sell products for purchase by children. If you are under 18, you may use SCSS only with involvement of a parent or guardian.
Conditions of Use, Notices, and Revisions
If you choose to visit SCSS, your visit and any dispute over privacy is subject to this Notice and our Conditions of Use, including limitations on damages, arbitration of disputes, and application of the United Kingdom law. If you have any concern about privacy at SCSS, please send us a thorough description to SCSS, Unit 6, Wynford Farm Industrial Estate, Belbins, Romsey, Hants SO510PW and we will try to resolve it. This Notice and the Conditions of Use will change also, and use of information that we gather now is subject to the Privacy Notice in effect at the time of use. We may email periodic reminders of our notices and conditions, unless you have instructed us not to, but you should check our Web site frequently to see recent changes.
Automatic Information
Examples of the information we collect and analyze include the Internet protocol (IP) address used to connect your computer to the Internet; login; email address; password; computer and connection information such as browser type and version, operating system, and platform; purchase history; the full Uniform Resource Locators (URL) clickstream to, through, and from our Web site, including date and time; cookie number; and products you viewed or searched for.
Returns
Please notify us immediately of any Customer returns.
You can return an item to us if the item was not what you wanted or it is faulty, damaged, the wrong item or for any other reason provided the item is unused and in original condition.
Returns must be made within 7 days from the day you receive your order.
For International Returns, please mark parcel as "Customer Return". Failure to do so may result in import duties chargeable to the customer.