Terms and Conditions
IF YOU WISH TO BUY GOODS VIA THIS WEBSITE, YOU MUST AGREE TO THE TERMS BELOW AS THE EXCLUSIVE BASIS WHICH GOVERNS SUCH TRANSACTIONS AND MUST CLICK THE "I ACCEPT" BUTTON AT THE END OF THESE TERMS. IF YOU DO NOT AGREE TO ANY OF THE TERMS, DO NOT USE THIS WEBSITE.
1.1 In these Terms of Business the following expressions shall have the following meanings save where the context otherwise requires:
1.1.1 "AHS" means A H Spares Limited of Units 7 & 8, Westfield Road, Kineton Road, Southam, Warwickshire, CV47 0JH, UK.
1.1.2 "Details" the details which You must provide upon ordering Goods via the Website including physical address, email address, bank account and credit, debit or charge card details.
1.1.3 "Fee" means the fee shown on the Website for the provision of the Goods exclusive of value added tax which where applicable shall be payable by You at the rate for the time being in force in the United Kingdom.
1.1.4 "Goods" any item produced and supplied by AHS pursuant to these Terms.
1.1.5 "Sale" a sale effected via the Website.
1.1.6 "Terms" means these terms and conditions between AHS and You.
1.1.7 "Website" means AHS's website located at www.ahspares.co.uk.
1.1.8 "Working Days" means Monday to Friday 9am to 5pm and Saturday 9am to 12.30pm excluding bank, public and statutory holidays.
1.1.9 "You" means the person who enters Details.
1.2 The clause headings and any other headings are inserted for convenience only and shall not affect the construction of these Terms.
2. USE OF WEBSITE
2.1 In seeking to purchase Goods via this Website You must provide accurate Details.
2.2 You hereby warrant to AHS that You are legally able to enter into contracts for the Goods.
2.3 AHS reserves the right to withdraw any Goods from the Website without prior notice and to refuse any orders for Goods made by You. AHS reserves the right to change the specification of any Goods at any time prior to delivery or collection of the Goods providing that amendment to the specification does not result in reduced functionality.
2.4 Your Details and data relating to Your use of the Website will be recorded by AHS but this information shall not be disclosed to third parties nor used for any purpose unrelated to the Website.
2.5 AHS may send a small file to Your computer when You visit the Website. This "cookie" will enable AHS to track Your behaviour on the Website and to identify particular areas of interest so as to enhance Your future visits to the Website. The cookie will not enable AHS to identify You and AHS shall not use it otherwise than in relation to this Website. You can set its computer browser to reject cookies but this may preclude use of certain parts of this Website. AHS will not use Your data for any other purposes than as set out in these Terms except that AHS may disclose this data if compelled to do so by law, or at the request of a law enforcement agency or governmental authority. By clicking "I Accept" you specifically agree to these terms regarding use of Your data.
2.6 If You do not want AHS to use Your email address to send information concerning the Website and related matters, You should send a message to firstname.lastname@example.org and insert "unsubscribe" as the subject heading.
3.1 All orders You place for Goods displayed on the Website are subject to availability and it is Your responsibility to ensure that Your order is correct.
3.2 Any representations of the Goods shown on the Website are provided for the purposes of guidance only.
3.3 You are responsible for the payment of any local taxes due upon delivery and/or import of Goods to You by AHS and You indemnify and will keep indemnified AHS against any claim for such payments and/or taxes.
3.4 AHS reserves the right to charge a minimum order value of £5.00 to cover administration costs.
4.1 You agree to pay the Fee at the time You place Your order.
4.2 Once You have confirmed Your order [on the secure payment screen] it cannot be cancelled or changed except in accordance with clause 6 of these Terms.
4.3 In the event that Your debit or credit card payment is refused by Your card issuer for whatever reason, AHS will invoice You for the Goods ordered and You agree to pay that invoice within 5 Working Days of the invoice date. If AHS does not receive payment in full within 14 days of the date of the invoice referred to in clause 4.3, it may refuse to deliver the Goods and/or terminate these terms and conditions without further obligation to You.
4.4 AHS will enclose with Goods it delivers to You a copy of its invoice showing the Goods ordered and amount paid.
4.5 Non-delivery by any third party (including but not limited to the Royal Mail) shall not give You any right to delay payment to AHS or to make any claim whatsoever against AHS.
5. RISK AND TITLE
5.1 Risk in the Goods shall pass to You upon payment of the Fee or, if earlier, upon delivery of the same to You. Title to the Goods shall pass to You only upon payment in full (in cash or cleared funds) of the Fee and You shall hold the Goods as bailee for AHS until AHS has received payment in full of all Fees outstanding to it from You.
5.2 If any of the Goods are destroyed damaged or lost from any cause (other than the fault or negligence of AHS), AHS may replace those Goods but shall be entitled to charge you for the replacement of them.
6. CANCELLATION OF ORDERS AND RETURNS
6.1 You have the right to cancel a purchase of Goods made through the Website at any time after you have placed the order until the date eight days after the day you receive the Goods.
6.2 If You decide to cancel a purchase You must notify AHS in writing to A H Spares Limited, Units 7 & 8, Westfield Road, Kineton Road, Southam, Warwickshire, CV47 0JH, UK or email to email@example.com and if You have received the Goods, You must return them in undamaged condition and within eight days to AHS by recorded mail enclosing the invoice and they will then be subject to a handling charge of 15% and the deduction of any additional customs charges. If the Goods have been packed ready for despatch and the order is cancelled a charge of 10% of the Fee will be made to cover time and material costs. Any non-stock items which have been specially obtained or manufactured are non-returnable unless faulty.
6.3 Upon cancellation of an order AHS will refund the whole sum paid by You within 30 days of You notifying AHS of cancellation. You are responsible for the cost of returning the Goods to AHS upon cancellation of an order. If You do not return the Goods cancelled to AHS it will arrange to collect them and will deduct the cost of such collection from the refund due to You.
6.4 If any of the Goods You receive are corrupted, defective or do not match the order placed, You may return them to AHS by a method that must be agreed in advance with AHS enclosing the invoice and stating the nature of the corruption, defect or mistake and if it is satisfied that the Goods are corrupt, defective or do not match the order You placed, AHS will replace such Goods or refund of the Fee. and the cost of returning those Goods. This does not apply to Goods damaged in transit for which please refer to clause 5.2. Any shortages must be reported to AHS within three working days of receipt and confirmed in writing. Goods will only be replaced or a credit issued when any fault has been agreed by the manufacturer. AHS reserve the right to charge for any replacement Goods pending the result of the manufacturer's inspection.
6.5 AHS's sole liability to the Client for Goods which are corrupt, defective or which do not match the Client's order shall be limited to replacement of those Goods or refund of the Fee and delivery charges. Any rectification procedures and costs for Goods which are corrupt or defective must be agreed in advance and in writing by AHS.
6.6 Items to be returned to AHS in part-exchange of Goods sold which have been re-conditioned must be returned with the order and must be suitable for re-conditioning. Old units must be complete, clean and drained of any oil. Any item not returned in this condition will be subject to an additional cleaning charge of £5.00.
7. WARRANTY AND LIMITATION OF LIABILITY
7.1 AHS warrants that Goods purchased through the Website will be of satisfactory quality and fit for the purpose for which they are supplied. In the event that Goods prove to be faulty, You will need to supply the invoice number covering their purchase and the Goods must be returned in order that AHS can confirm the fault. All new parts carry a 12-months manufacturer's warranty subject to the manufacturer's terms and conditions and this warranty commences from AHS's invoice date not its installation. The warranty covers the cost of the part only and does not extend to cover labour, recovery, car hire, or any other consequential or associated costs. The warranty does not cover parts which have been incorrectly installed, altered, modified or used in any form of racing, rallying or competition. Unless You return Goods in accordance with these terms and conditions, You will be taken to have agreed the changes. Acceptance of goods is regarded as acceptance of these terms. The warranties are additional to your statutory consumer rights.
7.2 AHS shall not be liable to any person for any loss or damage arising from the use of any Goods or information displayed on the Website.
7.3 AHS shall not in any event be liable (whether in contract or otherwise) for any indirect loss, consequential loss, loss of profit, revenue, data or goodwill howsoever arising suffered by You or for any wasted management time, failure to make anticipated savings or liability You may incur to any third party arising in any way in connection with these Terms or otherwise whether or not such loss has been discussed by AHS and You pre-contract or for any account for profit, costs or expenses arising from such damage or loss.
7.4 AHS's aggregate liability in respect of these Terms and any matter arising out of it (including claims whether made in contract or tort) shall be limited to a sum equal to twice the Fee excluding VAT.
7.5 AHS shall not be liable for any loss or damage of any nature caused by or arising from errors in or material omissions from the Goods.
7.6 Subject as expressly provided in these Terms all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
7.7 Nothing in this clause shall operate so as to exclude AHS's liability for death or personal injury arising out of its negligence.
7.8 Each foregoing sub-clause of this clause shall constitute a separate and severable provision. The provisions of this clause shall continue in effect notwithstanding the termination, completion or any other matter which might otherwise cause these Terms to become ineffective.
8.1 These Terms shall form the entire agreement between the parties and supersede any previous agreement and (save so far as expressly preserved hereby) representations oral or otherwise made by either of the parties. You warrant that You have not relied on any representation made by AHS in entering into this agreement.
8.2 Failure by either party at any time to enforce any right claim or provision of these Terms or arising hereunder shall not be construed as a waiver of such right, claim or provision.
8.3 All notices to AHS shall be given by You in writing to the address shown above. All notices to You shall be given in writing to Your email address or to the address You have given for delivery of Goods. All notices may be served by personal delivery or first class post. Any notice given by post shall be deemed to be received by the party to whom it was given 48 hours after posting (excluding Saturday, Sundays and UK bank and public holidays). Notices given by email shall be deemed to have been given 1 hour after transmission thereof.
8.4 These Terms and Your agreement with AHS shall be governed and construed in accordance with English Law. You irrevocably agree for the exclusive benefit of AHS to submit any dispute hereunder to the jurisdiction of the courts of England but nothing herein shall prevent AHS from taking proceedings against You in any other court of competent jurisdiction.
8.5 If any provision of these Terms or part thereof shall be held invalid, illegal, unenforceable or void for whatever reason, it shall be deemed deleted and the remaining provisions shall continue in full force and effect.
8.6 AHS shall not be liable for any delay in performing or failing to perform any of its obligations under these terms due to any acts of God, war, strike, lock-out, industrial action, accident, fire, flood, drought, tempest or other event beyond the reasonable control of AHS.
AH Spares Limited
VAT Number: GB272378834
Company Number: 1549773
Registered address: Units 7/8, Westfield Road, Kineton Road Industrial Estate, Southam, Warwickshire, CV47 0JH, UK
All website design, text, graphics, the selection and arrangement thereof are Copyright © 2011, A H Spares Limited and A H Panels Limited or their subsidiaries or affiliated companies and/or third party licensors, ALL RIGHTS RESERVED. Material on this website may only be viewed and must not be copied, modified, used, distributed in any way or used in a derivative way to create other material without the express permission of A H Spares Limited.
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