TERMS
AND CONDITIONS
1.
Application
of Conditions :
1.1
The
Seller shall sell and the Buyer shall purchase the Goods in accordance
with any
quotation or offer from the Seller which is accepted by the Buyer, or
any order
from the Buyer which is accepted by the Seller.
1.2
These
Conditions shall govern the Contract to the exclusion of any other
terms and
conditions subject to which any such quotation is accepted or purported
to be
accepted, or any such order is made or purported to be made, by the
Buyer.
2.
Interpretation
:
2.1
In
these
Conditions:-
"Business Day"
means any day other than a
Saturday, Sunday or a bank holiday;
"the Buyer"
means the person who accepts
a quotation or offer from the Seller for the sale of the Goods or whose
order
for the Goods is accepted by the Seller;
"the Contract"
means the contract for the purchase
and sale of the Goods under these conditions;
"these Conditions"
means the standard terms and conditions of sale set out in this
document and (unless the context otherwise requires) includes any
special terms
and conditions agreed in writing between the Buyer and the Seller;
"the
Order Date"
the
date on
which the Order for Goods has been accepted by the Seller from the
Buyer;
"the
Dispatch Date"
the date on which the
Seller arranges for the Buyers Goods to be dispatched by one of their
delivery
companies and advises the Buyer of the Delivery Date.
"the Delivery Date" means
the date on which the Goods are delivered
to and accepted by the Buyer;
"the Goods"
means the goods (including any
instalment of the goods or any parts for them) which the Seller is to
supply in
accordance with these Conditions;
"month"
means a calendar
month;
"the Seller"
means Dragon2Modz / D2M
Tuning;
"writing"
includes any
communications effected by telex, facsimile transmission, electronic
mail or
any comparable means.
2.2
Any
reference in these Conditions to a statute or a provision of a statute
shall be
construed as a reference to that statute or provision as amended,
re-enacted or
extended at the relevant time.
2.3
The
headings in these Conditions are for convenience only and shall not
affect
their interpretation.
3.
Basis
of
3.1
The
Seller's employees or agents are not authorised to make any
representations
concerning the Goods unless confirmed by the Seller in writing. In
entering into the Contract the Buyer
acknowledges that it does not rely on, and waives any claim for breach
of, any
such representations which are not so confirmed.
3.2
No
variation to these Conditions shall be binding unless agreed in writing
between
the authorised representatives of the Buyer and the Seller.
3.3
Any
sales
literature, price lists, advertising, internet listings and other
documents
issued by the Seller in relation to the Goods are subject to alteration
without
prior notice and do not constitute offers to sell the Goods which are
capable
of acceptance. An order placed by the
Buyer may not be withdrawn, cancelled or altered prior to acceptance by
the
Seller and no contract for the sale of the Goods shall be binding on
the Seller
unless the Seller has issued a quotation which is expressed to be an
offer to
sell the Goods or has accepted an order placed by the Buyer by
whichever is the
earlier of:-
3.3.1
the
Seller's written acceptance;
3.3.2
delivery
of the Goods; or
3.3.3
the
Seller's invoice.
3.4
Any
typographical, clerical or other accidental errors or omissions in any
sales
literature, quotation, price list, acceptance of offer, invoice or
other
document or information issued by the Seller shall be subject to
correction
without any liability on the part of the Seller.
3.5
The
Buyer
agrees that the purchase of Goods from the Seller is for personal
non-business
use only, Buyers purchasing Goods from the Seller for Professional or
Business
use must ensure they have applicable insurance in place as the Seller
will not
be held liable or otherwise for Goods purchased for Professional or
Business
use.
4.
Orders
& Specifications :
4.1
Upon
submission of their first order for Goods to the Seller the Buyer will
be taken
to have read, acknowledged, understood and agreed to all Terms and
Conditions
laid out by the Seller and that the Buyer remains responsible for
making
themselves aware of any changes that the Seller may make to the Terms
and
Conditions from time to time at each future interaction between the
Seller and
the Buyer.
4.2
No
order
submitted by the Buyer shall be deemed to be accepted by the Seller
unless and
until confirmed in writing by the Seller.
4.3
The
specification for the Goods shall be those set out in the Seller's
sales
documentation unless varied expressly in the Buyer's order (if accepted
by the
Seller). The Goods will only be supplied
in the minimum units (or multiples) stated in the Seller's price list
or in
multiples of the sales outer as specified. Orders received for
quantities other than these will be adjusted
accordingly, illustrations, photographs or descriptions whether in
catalogues,
brochures, price lists or other documents issued by the Seller are
intended as
a guide only and shall not be binding on the Seller.
4.4
The
Buyer
understands that all information regarding the Goods set out in the
Seller's
sales documentation is provided from the Goods manufacturers only and
the Goods
can be from international markets different from the local market of
the Buyer's
vehicle, i.e. American or Japanese sourced Goods being fitted to a UK
marketed
car, meaning that the Seller can not guarantee fitment and the Buyer
accepts
and understands that the Goods are supplied as such insofar as the
Buyer
chooses the Goods with this in mind. In addition where Goods are
offered for
purchase by the Seller in formats external to the Seller's website,
i.e. but
not limited to e-mail quotes, the Buyer understands and accepts that
the Seller
provides these details based solely on the Buyer's provided information
and the
Seller will not be held responsible or liable for any incompatibilities
as a
result.
4.5
The
specifications, claims, etc, shown on the Seller's website are directly
from
the manufacturer and the Seller will not be responsible for any
discrepancies,
misconceptions, disappointment, etc. associated with the Goods in any
way.
4.6
The
Seller reserves the right to make any changes in the specification of
the Goods
which are required to conform with any applicable safety or other
statutory or
regulatory requirements or, where the Goods are to be supplied to the
Seller's
specification, which do not materially affect their quality or
performance.
4.7
No
order
which has been accepted by the Seller may be cancelled by the Buyer
except with
the agreement in writing from the Seller on the terms that the Buyer
shall
indemnify the Seller in full against all loss (including loss of
profit), costs
(including the cost of all labour and materials used), damages, charges
and
expenses incurred by the Seller as a result of cancellation.
4.8
All
Goods
on the Seller's website are for purchase by and use by adults, as such
any liability
to the Seller, directly or indirectly, resulting from the use of the
Seller's Goods
by a minor, under 18 years old, either through purchase by a minor or
by an
adult purchasing Goods for a minor will be fully indemnified against by
the
Buyer accepting these Terms & Conditions.
4.9
The
Buyer
understands that once an order has been submitted, processed and
payment has
been taken that the order may not be cancelled without written
agreement with
the Seller.
4.10
In
the
event that any Goods the Buyer has ordered are not available for
whatever
reason, i.e. discontinued the Seller shall contact the Buyer to offer
either an
alternative to the unavailable Goods or a full and unconditional refund
of the
applicable monies to the Buyer.
5.
Price
:
5.1
The
price
of the Goods shall be the price listed on the Seller's website and be
current
at the date of acceptance of the Buyer's order or such other price as
may be supplied
in writing by the Seller to the Buyer.
5.2
Where
the
Seller has quoted a price for the Goods other than in accordance with
the
Seller's published price list the price quoted shall be valid for 14
days only
or such lesser time as the Seller may specify.
5.3
The
Seller reserves the right to quote a price for an individual Buyer
without
having then provide or honour this price to any other different Buyers
or the
same Buyer again for subsequent quotes or puchases.
5.4
The
Seller reserves the right, by giving notice to the Buyer at any time
before the
Dispatch Date of the Goods to the Buyer, to increase the price of the
Goods to
reflect any increase in the cost to the Seller which is due to any
factor
beyond the control of the Seller (such as, without limitation, any
foreign
exchange rate fluctuation, currency regulation, alteration of duties,
significant increase in the costs of labour, materials or other costs
of
manufacture), any change in delivery dates, quantities or
specifications for
the Goods which are requested by the
Buyer, or any delay caused by any instructions of the Buyer or failure
of the
Buyer to give the Seller adequate information or instructions.
5.5
Except
as
otherwise stated under the terms of any quotation or in any price list
of the
Seller, and unless otherwise agreed in writing between the Buyer and
the
Seller, all prices are exclusive of the Seller's charges for packaging
and transport.
5.6
All
prices
shown on the Seller's website or quoted by other means are the total
price excluding only postage costs.
5.7
Any
international orders maybe subject to local taxes and customs for the
Buyer's
country, the Seller is not liable for these charges and hence all
prices for Goods
are exclusive of these charges, the Buyer will need to cover the cost
of these
additional charges upon receipt of the Goods in their country.
6.
Payment
:
6.1
Subject
to any special terms agreed in writing between the Buyer and the
Seller, the
Seller shall invoice the Buyer for the price of the Goods upon
completion of
purchase on the website of the Seller unless the Goods are to be
collected by
the Buyer, or at any time after delivery of the Goods if invoicing has
not been
completed previously.
6.2
The
Buyer
shall pay the price of the Goods (less any discount or credit allowed
by the
Seller, but without any other deduction credit or set off) immediately
for
Credit Card or Debit Card purchases, in the case of purchases with
payment by
cheque or bank transfer the payment needs to be received and cleared
into the Seller's
bank account within 10 working days of the Buyer's order, if these
conditions
are not met the Buyer's order will be considered invalid, null and
void. Alternatively payment maybe in accordance
with such credit term as may have been agreed in writing between the
Buyer and
the Seller in respect of the Contract. The time for the payment of the
price
shall be of the essence of the Contract. Receipts for payment will be
issued only upon request.
6.3
The
Seller reserves the right to cancel the Buyer's order at any point
during
processing the Buyer's payment if the Seller suspects the payment is
suspicious
or fraudulent, it is the Buyers responsibility to then tender another
payment
method within 5 Business Days of the failed transaction or the Buyer's
order will
be considered invalid, null and void.
6.4
All
payments shall be made to the Seller in Pounds Sterling via the
Seller's
website, or by international or national bank transfer to the Seller's
bank
account, by cheque posted to the Seller's office or at the Seller's
office as
indicated on the form of acceptance or invoice issued by the Seller.
6.5
International
bank transfers will incur additional bank charges the Buyer must
contact the
Seller prior to sending payment to confirm total amount payable, the
Buyer will
be solely responsible for any additional charges if this condition is
not met
in the first or subsequent instances.
7.
Delivery
:
7.1
No
dispatch of Goods for delivery will be made until all Goods are paid
for in
full by the Buyer.
7.2
Delivery
may take up to 28 Calendar days from the Order Date dependant on the
Seller's
stock or the stock of the Seller's suppliers or the stock at the Goods
manufacturer, the Seller will endeavour to deliver as soon as possible
or if
necessary advise of any potential delays. Goods in stock will be
delivered
within 1 to 7 Business days of the advised Dispatch Date.
7.3
Delivery
of the Goods shall be made by the Seller arranging delivery of the
Goods to the
address in the
7.4
The
Delivery Date is approximate only and time for delivery shall not be of
the
essence unless previously agreed by the Seller in writing. The Goods
may be delivered by the Seller in
advance of the Delivery Date upon giving reasonable notice to the Buyer.
7.5
It
is the
Buyer's responsibility to keep track of the delivery of their Goods
using the
tracking details provided by the Seller, it is also the Buyer's
responsibility
to contact the Seller if delivery of their Good has not been made
within the
estimated 1 to 7 Business days from the Dispatch Date.
7.6
The
Seller does not guarantee the Delivery Date and will endeavour to
advise the
Buyer of any potential delays and expected Delivery Date at the
earliest
opportunity, but the Seller is not responsible or liable for any
losses, costs
or damages as a result of any delays.
7.7
Where
the
Goods are to be delivered in instalments, each delivery shall
constitute a
separate contract and failure by the Seller to deliver any one or more
of the
instalments in accordance with these Conditions or any claim by the
Buyer in
respect of any one or more instalments shall not entitle the Buyer to
treat the
Contract as a whole as repudiated.
7.8
If
the
Buyer fails to take delivery of the Goods or any part of them on the
Delivery
Date and/or fails to provide any instructions, documents, licences,
consents or
authorisations required to enable the Goods to be delivered on that
date, the
Seller shall be entitled upon given written notice to the Buyer to
store or
arrange for the storage of the Goods and then notwithstanding the
provision of
Condition 11.1 of these Conditions risk in the Goods shall pass to the
Buyer,
delivery shall be deemed to have taken place and the Buyer shall pay to
the
Seller all additional costs and expenses including storage and
insurance
charges arising from such failure.
7.9
If
delivery is to be made directly by the Seller or authorised
representatives of
the Seller as requested by or agreed to by the Buyer then the Buyer is
solely
responsible for making themselves available for delivery of the Goods
and the
Seller is not responsible for any delay this may add to the delivery
time of
the Goods.
7.10
For
international Buyer's the Seller will endeavour to secure and obtain
the
cheapest, safest and quickest possible shipping terms for the Buyer,
international Buyer's must contact the Seller prior to placing an order
to
ensure that the Seller can cater for the international Buyer.
7.11
For
Buyer's
requiring expedited shipping for their Goods, the Buyer must contact
the Seller
prior to placing an order so that the Seller can secure and obtain the
cheapest,
safest and quickest possible shipping terms for the Buyer.
7.12
All
delivery charges incurred by the Buyer must be paid in full to the
Seller
before the Seller will release the Goods to the Seller's shipping
companies.
7.13
The
Seller operates a cumulative P&P system whereby the more items
ordered by
the Buyer the cheaper the overall P&P costs will be, working from
the
largest item's P&P cost down.
7.14
Any
damage to Goods upon delivery must be reported to the Seller within 1
Business day,
refer to Condition 11 sub clause 11.1.3 for further details, but :
7.13.1
If
the Goods
are delivered by a courier company and the packaging is damaged the
Buyer must
open the packaging with the courier company's driver present. If the
Buyer
finds the Goods within the packaging are damaged the Buyer must refuse
delivery
of the Goods, the courier company will take the Goods away to be
returned for
the Seller to be dealt with.
7.13.2
It
is the
responsibility of the Buyer to inspect items for any damage before the
courier
company's driver departs the Buyer's delivery address.
7.13.3
All
Goods
must be signed for "Unchecked" if the courier is not willing to wait
whilst the Buyer verifies the contents. In this case, if the Goods are
damaged the
Buyer must notify the local depot of the courier company of the damage
immediately
quoting the consignment number and then the Seller.
7.14
In
the
case of delivery of Goods where some Goods are missing the Buyer agrees
to
contact and notify the Seller of the discrepancy within 1 Business Day
to
ensure that the Seller can make a claim to the delivery company.
7.15
In
the
case of deliveries where the Buyer is not present the Buyer agrees to
ensure
someone else who is aware of these Conditions is available to accept
the
delivery and check the delivery for damage and/or missing Goods.
7.16
In
case
of deliveries by Royal Mail or it's subsidiaries they may not accept
the
damaged Goods back from the Buyer to send back to the Seller, it is the
Buyers
responsibility to ensure that such deliveries are checked for damage
and
delivery person marks this down before leaving the Buyer's address, or
mark
down with the delivery person the Goods were received as unchecked.
8.
Insurance
:
8.1
The
Seller offers additional extended insurance cover at Buyer checkout at
the rate
of a set amount per 1,000GBP, this is offered in addition to the
standard insurance
the Seller's delivery companies offers.
9.
Risk
& Property :
9.1
Risk
of
damage to or loss of the Goods shall pass to the Buyer on the first
delivery
attempt.
9.2
Risk
of
damage, loss or injury through use of the Goods passes solely to the
Buyer if
the Goods are misused, damaged or modified by the Buyer or the Seller's
recommendations are ignored.
9.3
All
Goods
sold by the Seller are for off road use only, unless advised otherwise
in
writing by the Seller, and use maybe illegal for on road use and the
Buyer
accepts this fully and unequivocally, meaning any losses, damage and/or
injury
sustained on road to the Buyer or third parties by use of these Goods
is the Buyer's
sole responsibility only and the Seller will not be held liable or
otherwise as
a result of this misuse.
9.2.1
The Buyer accepts that on road use refers
to any legal highway they may use.
9.2.2
The Buyer accepts also that use of the Goods
off road requires all reasonable and logically safety precautions, and
if these
are shown to be lacking or thought to be lacking through evidence then
the
Seller will not be held liable or otherwise.
9.2.3
In the case of off road use the Buyer
should ensure they have necessary insurance in place if they wish to
indemnify
themselves against losses, damage and/or injury sustained by the Buyer
or third
parties as a result of using the Goods off road.
9.4
Notwithstanding
delivery and the passing of risk in the Goods, or any other provision
of these
Conditions, the property in the Goods shall not pass to the Buyer until
the
Seller has received in cash or cleared funds payment in full of the
price of
the Goods and all other Goods agreed to be sold by the Seller to the
Buyer for
which payment is then due.
10.
Assignment
:
10.1
The
Seller may assign the Contract or any part of it to any person, firm or
company.
10.2
The
Buyer
shall not be entitled to assign the Contract or any part of it without
the
prior written consent of the Seller.
11.
Right
to Return the Goods & Receive a Refund :
11.1
The
Buyer
may return Goods to the Seller for replacement or credit only under the
3
following scenarios or Condition 12.
11.1.1
The
Buyer is not satisfied with any Goods purchased from the Seller, the
Buyer may
return the Goods to the Seller and obtain replacement Goods or a credit
for the
price paid by the Buyer at the point of purchase excluding any then
P&P
costs, provided:-
11.1.1.1
The Buyer informs the Seller in writing of
the decision to return the Goods including the reason(s) within 7
Calendar days
of the Delivery Date of the Goods and the Seller issues the Buyer with
a Return
No. and return address; and
11.1.1.2
The
Goods are not special order or custom
Goods to the Buyer's requirements; and
11.1.1.3
The
Goods are returned within 14 Calendar
Days of the Return No. being issued to the Buyer in their original
condition
and are unopened, opened Goods will incur a restocking fee of 20% of
the price
paid by the Buyer at the point of purchase, excluding any then P&P
costs,
that will be debited from the credit value ; and
11.1.1.4
The
Buyer will be liable for any
costs of returning the Goods and any subsequent loss or damage to the
Goods
until the Seller has received and accepted the returned Goods.
11.1.1.5
If
the Seller identifies damage to the
Goods, the Goods will be returned to the Buyer at the Buyer's expense.
11.1.2
The
Buyer has tried fitting the Goods, i.e. packaging has been opened, and
the
Buyer discovers that the Goods do that fit their car, (see Condition
4.4 and
Condition 23 and sub clauses), the Buyer may then at the Sellers
discretion return
the Goods to the Seller and obtain a credit for the price paid by the
Buyer at
the point of purchase excluding any then P&P costs, provided:-
11.1.2.1
The
Buyer informs the Seller of the
decision to return the incompatible Goods within 5 Business days of the
Delivery
Date of the Goods and the Seller agrees to the return and issues the
Buyer with
a Return No. and return address; and
11.1.2.2
The
Goods are not special order or custom
Goods to the Buyer's requirements; and
11.1.2.3
The
Goods are returned within 14
Calendar Days of the Return No. being issued in as close to their
original
condition without any damage to the Goods, subject to the Seller's
professional
opinion; and
11.1.2.4
The
Buyer will be liable for any costs
of returning the Goods and any subsequent loss or damage to the Goods
until the
Seller has received and accepted the returned Goods; and
11.1.2.5
The
returned Goods of this nature will
incur a restocking fee of 20% of the price paid by the Buyer at the
point of
purchase, excluding any then P&P costs, that will be debited from
the
credit value.
11.1.2.6