Terms & Conditions

Definitions

• Britcar Global Ltd: We or us
• Customer: You and Your
• Consumer: Any person who buys goods from us for purposes not of their trade, business, or profession
• Goods: The vehicle parts or accessories sold by us to you including packaging, manuals, and any other ancillary components or documents
• Conditions: The terms and conditions of sale set out in this document and any other special terms and conditions agreed in writing by us
• Our address: Britcar Global Ltd Unit 2 Riverside Industrial Park, Rapier Street, Ipswich, Suffolk, IP2 8JX, UK
• Our telephone number: +44 (0)1473 907444
• Our email address: [email protected]
• Our website: www.britcar.com

SECTION 1 - ALL CUSTOMERS

Agreement to purchase

• The market in the goods is such that the specification, description, and price of individual goods can change
• The invitation to you to order goods from us is not an offer by us to sell to you goods of the specification and description at the price indicated
• Your order is an offer to us to buy the goods of the specification and description at the price indicated
• Wherever possible we will accept your order to buy the goods of the specification and description at the price indicated by e-mail
• Wherever it is not possible to accept your order to buy the goods of the specification and description at the price indicated we will advise you by e-mail and offer to sell you the goods of the specification and description at the price stated in the e-mail
• Your order becomes a agreement to supply only at the point of dispatch of the goods

Substitutions

Due to volatility in supplier stock, it may not always be possible to supply a part at the specification required from the chosen supplier. In this instance, as specified above, we will advise you by e-mail of our recommended substitutions where available.

• Where we have e-mailed to advise of availability issues, your order will be held until you have provided confirmation for any substitutions. We will not be liable for any loss incurred due to delays on orders that are held pending a substitution decision
• Where you used our website to complete a purchase, and you have answered 'yes' to the "Allow Product Substitution If Requested Product Not Available" option in the checkout, we will automatically substitute any unavailable product options with one of equivalent value and quality. We reserve the right to decide what constitutes a product of equivalent value and quality
• If no products of equivalent value and quality are available, we will e-mail to advise that we will remove the product from the order and process a refund of the balance when the order is dispatched

Delivery of the goods

• The price of the goods does not include delivery by us to you
• Whereupon the cost of carriage is automatically calculated by our website, this shall be considered an estimate until the agreement is in place at the point of dispatch. Carriage costs are calculated based on our weight and dimension data which is partly provided by 3rd party suppliers
• If the carriage costs for your order are higher than estimated, we will ask for payment prior to dispatch. If the costs are lower, we will reimburse you the difference once your order is dispatched
• The costs of carriage and any insurance which you direct us to incur shall be reimbursed by you and shall be due on the date for payment of the price
• The goods shall be delivered by us to your address and the risk in the goods shall pass to you upon such delivery taking place
• You should note that our carriers generally require immediate notice to be given of any loss or damage to goods and you should inspect the goods upon receipt and report any loss or damage to the carrier immediately
• Insofar as you report any transit damage to goods to us within 48 hours of delivery we will refund the price and carriage or replace the goods at no cost to you
• In respect of any transit damage to goods reported to us after 48 hours of delivery we shall require proof from you that the goods were damaged before receipt by you
• Where goods are delivered to overseas addresses and incur import duty or local sales tax, you are liable for the payment of those duties

Surcharges

A selection of goods offered are subject to a surcharge when purchased. This is imposed by the manufacturer or our supplier, and is effectively a deposit against the return of your current unit.The surcharge will be reimbursed in full once the following conditions have been met:

• you return your original unit to our address (given above) at your cost
• the original unit is returned in a refurbishable condition, in the packaging used to supply the goods
• the returned unit has been accepted by the original manufacturer or supplier
• we have been reimbursed in full by the original manufacturer or supplier

Surcharges are non-negotiable, and cannot be waived even if your original unit is critically damaged or non-existent. The manufacturer or original supplier reserves the right to refuse reimbursementif the returned unit cannot be refurbished. In this circumstance, we will not reimburse you for the surcharge either in part or in full.

Variations in description or specification

We may deliver goods of a different description or specification from that agreed and as may be required to comply with any applicable safety or statutory requirements or which do not materially affect the quality or fitness for purpose of the goods

Any weights and dimensions shown on our website are to be considered estimates only. We do not guarantee or warrant the validity of any data pertaining to the physical properties of the goods.

Choice of law and jurisdiction

• This contract is subject to the law of England and Wales
• All disputes arising out of this agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales
• If any part of these terms and conditions shall be found to be unlawful, it shall not affect the validity or enforceability of the remainder of the conditions

Limitations upon our liability to you

• Our liability to you for any breach of agreement or negligence (save and except our liability for negligence for death or personal injury) shall be limited to the price of the goods together with any expenses incurred by you in notifying us and returning the goods to us
• We shall not be liable for any consequential loss including without limitation any loss caused by interruption of business, loss of earnings or physical damage to property and whether directly or indirectly caused by any breach of agreement or by negligence by us or by any servant or agent of ours

SECTION 2 - CONSUMERS ONLY

We shall not be bound to deliver the goods until you have paid for them. The price due from you is the price indicated of value added tax where applicable.

Delivery

• We will work to deliver the goods to you within the time estimated on the website, where such an estimate is given
• If we are unable to do so, we reserve the right to deliver them within 30 days beginning with the day after the date of the agreement between you and us if the delivery address is in the United Kingdom, Europe, or the United States of America, and within 60 days for all other territories
• If we are unable to deliver within this 30 day period: we shall inform you by email or telephone to offer to cancel the contract and reimburse any sum paid by you or on your behalf under or in relation toyour order within a period of 14 days beginning with the day after the day on which the time for delivery expired

Your right to cancel

You have a right to cancel the agreement at any time before the expiry of a period of 14 calendar days which begins on the day the goods are delivered. You may cancel by giving us notice in writing in the following ways:

• by a notice in writing which you leave at our address (given above)
• by a notice in writing which you send by post to our address (given above)
• by fax to our business fax number (given above)
• by email to our main contact email address (given above)

On cancelling the agreement:

• you must complete the returns form on our website
• you must return the goods to us at the address given above;
• the goods must be returned to us complete (please note the full definition of goods given above);
• you are responsible for the cost of returning the goods to us at the address given above;
• you are under a duty to take reasonable care of the goods (including reusable packaging, manuals etc) until they are returned to us;
• you are under a duty to take reasonable care to see that they are received by us and not damaged in transit;
• we will reimburse any sum paid by you or on your behalf under or in relation to the agreement including the costs of carriage and any insurance which you directed us to incur;
• we will charge you the direct costs to us of recovering any goods supplied by us if you fail to return the goods to us

Our right to cancel

If for reasons beyond our reasonable control, including but not limited to an inability or failure on the part of the manufacturers or suppliers of the goods to supply the goods to us, we are unable to supply the goods to you, we may cancel the agreement at any time before the goods are delivered by giving notice to you. We shall promptly repay to you any sums paid by you or on your behalf under or in relation the agreement. We shall not be liable for any other loss or damage whatsoever arising from such cancellation.

Statutory Rights

Your right of cancellation is in addition to your other statutory rights.

Guarantees and pre/post sales service

• We guarantee that the goods will correspond with the stated description and specification
• We guarantee that the goods will be of satisfactory quality when delivered by our carrier or logistics partner
• We are willing to provide advice to you in accordance with the conditions below

Advice given by us to you

• We are always prepared to offer advice about the goods including advice about installation, compatibility, configuration, and upgrades
• We know the general purpose for which you require our goods and we will take reasonable care when giving you any advice
• Without knowing the particular application for which you require our goods and the exact specification and configuration of any existing application into which you intend to install our goods we cannot and do not warrant the suitability of any of our goods for your particular purpose
• We use data provided by the manufacturers of the goods to advise on correct fitment of goods to specific vehicles; we cannot and do not warrant the validity of specific fitment data provided by 3rd parties.
• We do not offer an installation or fitting service, and therefore may not be able to offer fitting or installation advice or instructions for the goods
• Any advice given by us is used at your risk, and we shall not be liable for any loss or damage whatsoever arising from the use or application of any advice given by us

Your responsibilities

• It is your responsibility to ensure compatibility of any goods offered for sale by us both with the existing components within your vehicle and with any other goods offered for sale by us; if you are in any doubt, we recommend consulting a qualified mechanic or related specialist
• It is your responsibility to ensure proper installation of our goods into your vehicle or other application

SECTION 3 - NON-CONSUMERS

Conditions applicable

These conditions shall apply to all contracts for the sale of goods by us to you to the exclusion of all other terms and conditions including any terms or conditions which you may purport to apply under any purchase order confirmation of order or similar document. All orders for goods shall be deemed to be an offer by you to purchase goods pursuant to these conditions.

• Acceptance of delivery of the goods shall be deemed conclusive evidence of your acceptance of these conditions
• Any variation to these Conditions (including any special terms and conditions agreed between you and us) shall be inapplicable unless agreed in writing by us
• These terms represent the entire agreement between you and us

Price and payment

• The price (unless otherwise expressly stated) shall be exclusive of value added tax which shall be due at the rate ruling on the date of our invoice
• Where the price is expressed to be inclusive of value added tax we have the right to adjust the price at any time before delivery to take account of any increase in value added tax
• If you fail to make any payment on the due date then without prejudice to any of our other rights we may:
1. suspend or cancel deliveries of any articles due to you; and/or
2. appropriate any payment made by you to such of the goods (or goods supplied under any other agreement with you) as we may in our sole discretion think fit

Set off

You may not withhold payment of any invoice or other amount due to us by reason of any right of set off or counterclaim which you may have or allege to have or for any other reason whatsoever, Unlesspreviously agreed in writing by us.

Delivery and non-delivery of goods

• The goods shall be delivered to you at your address. The risk in the goods shall pass to you upon such delivery taking place
• We shall arrange for carriage of the goods to your address. The costs of carriage and any insurance which you reasonably direct us to incur shall be reimbursed by you without any set-off or other withholding whatever and shall be due on the date for payment of the price. The carrier shall be deemed to be your agent
• We shall not be liable for any loss or damage whatever due to failure by us to deliver the goods or any of them promptly or at all
• Not withstanding that we may have delayed or failed to deliver the goods or any of them promptly you shall be bound to accept delivery and to pay for the goods in full provided that delivery shall be tendered at any time within 3 months of the agreement.

Retention of title by us

• The goods shall be at your risk as from delivery
• In spite of delivery having been made property in the goods shall not pass to you until:
1. you have paid the price plus value added tax in full (where applicable); and
2. no other sums whatever shall be due from you to us.
• Until property in the goods passes to you the goods and each of them shall be held by you on a fiduciary basis as bailee for us
• You shall store the goods (at no cost to us) separately from all other goods in your possession and marked in such a way that they are clearly identified as our property
• Not withstanding that the goods (or any of them) remain our property you may sell or use the goods in the ordinary course of your business at full market value for our account. Any such sale or dealing shall be a sale or use of our property by you on your own behalf and you shall deal as principal when making such sales or dealings
• Until property in the goods passes from us the entire proceeds of sale or otherwise of the goods shall be held in trust for us and shall not be mixed with other money or paid into any overdrawn bank account and shall be at all material times identified as our money
• We shall be entitled to recover the price (plus value added tax where applicable) notwithstanding that property in any of the goods has not passed from us
• Until such time as property in the goods passes from us you shall upon request deliver up to us such of the goods as have not ceased to be in existence or resold. If you fail to do so we may enter upon any premises owned occupied or controlled by you where the goods are situated and repossess the goods. You authorise us to repossess the goods from any other premises where the goods may be situated from time to time provided always that we have the consent of the person who owns, occupies or controls such premises to enter thereon. On the making of a request by us to you to deliver up such goods your rights to sell, use or otherwise deal with the goods shall cease
• You shall not pledge or in any way charge by way of security for any indebtedness any of the goods which are our property. Without prejudice to our other rights, if you do so all sums whatever owing by you to us shall forthwith become due and payable
• You shall insure and keep insured the goods to the full price against "all risks" to our reasonable satisfaction until the date that property in the goods passes from us, and shall whenever requested by us produce a copy of the policy of insurance. Without prejudice to our other rights, if you fail to do so all sums whatever owing by you to us shall forthwith become due and payable

Acceptance of the goods

• You shall be deemed to have accepted the goods 5 working days after delivery to your address
• After acceptance you shall not be entitled to reject goods which are not in accordance with the agreement

Rejection of the goods

If you properly reject any of the goods which are not in accordance with the agreement you shall nonetheless pay the full price for such goods (if not already paid) unless you return such goods to us at your cost before the expiry of a period of 7 calendar days from the date of delivery.

Rejected goods must be returned in their entirety and in the condition in which they were supplied (please note the definition of goods given above)

Return of goods which are in accordance with the agreement

• No goods delivered to you which are in accordance with the agreement will be accepted for return by us without our prior written approval (in accordance with our returns authorisation procedure) and on terms to be determined at our absolute discretion
• If we agree to accept any such goods for return you shall be liable to pay a handling charge, to be confirmed at the point of acceptance of return. Such goods must be returned by you to us carriage-paid in their entirety and in the condition in which they were supplied (please note the definition of goods given above)
• Goods which are in accordance with the agreement and are returned without our prior written approval may at our absolute discretion be returned to you or stored at your cost without prejudice to any other rights or remedies we may have

SECTION 4 - COMPETITIONS

• Entry is only open to residents of the UK, unless expressly specified in the promotion.
• Our employees and their immediate family members are not eligible to enter competitions or other promotional activities.
• Entrant(s) must be aged 18 or over.
• Confirmation of the prize will also be made in writing to the winner(s) within 24 hours of the competition closing.
• The prizes are as stated, are not transferable to another individual and no cash or other alternatives will be offered.
• All entries must be made directly by the person entering the competition.
• Entries made online using methods generated by a script, macro or the use of automated devices will be void.
• The winner(s) is(are) responsible for expenses and arrangements not specifically included in the prizes, including any necessary travel documents, and delivery costs.
• The promoters reserve the right to amend or alter the terms of competitions and reject entries from entrants not entering into the spirit of the competition.
• Where images are sent as part of a competition entry, you confirm that you have right/permission to pubish the image, and you grant us a non-exclusive, transferable, royalty-free license to use, distribute, modify, and create derivative works of the image.
• In the event of a prize being unavailable or unwanted, the promoter reserves the right to offer an alternative prize of equal or greater value, including gift vouchers.
• The winner(s) agree(s) to the use of their name, photograph and disclosure of county of residence and will co-operate with any other reasonable requests by us relating to any post-winning publicity.
• Unless stated otherwise the winner(s) will be drawn at random from all correct entries received by the closing date stated within the promotional material.
• Reasonable efforts will be made to contact the winner(s). If the winner(s) cannot be contacted, or are unable to comply with these terms and conditions, the Promoter reserves the right to offer the prize to the next eligible entrant drawn at random.
• Failure to respond and/or provide an address for delivery, or failure to meet the eligibility requirements may result in forfeiture of the prize.
• In the event of a discrepancy between these standard terms and conditions and the details in the promotional material (or any other terms and conditions provided/referred to at the time of entry), the details of the promotional material (and any other terms and conditions provided/referred to at the time of entry) shall prevail.