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1. Introduction
1.1 These terms and conditions shall govern the sale and purchase of products through our website.
1.2 You will be asked to give your express agreement to these terms and conditions before you place an order on our website.
2. Interpretation
2.1 In these terms and conditions:
and "us", "our" and "your" should be construed accordingly.
3. Order process
3.1 The advertising of products on our website constitutes an "invitation to treat" rather than
a contractual offer.
3.2 No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3 or an official Purchase Order is issued by you to which we issue a confirmed Sales Order as acceptance.
3.3 To enter into a contract through our website to purchase products from us, the following steps must be taken: you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout; if you are a new customer, you must first create an account with us and supply us your full company details prior to being able to log in; if you are an existing customer, you must enter your login details; once you are logged in, you must select your preferred method of delivery and confirm your order and your consent to the terms of this document; you will be transferred to our payment service provider's website, and our payment service provider will handle your payment; we will then send you an initial acknowledgement; alternatively, if you have a credit account your order will be placed on account assuming sufficient credit limit is remaining; and once we have checked whether we are able to meet your order, we will either send you an order confirmation in the form of a Sales Order by PDF
(at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.
3.4 You will have the opportunity to identify and correct input errors prior to making your order by contacting us either by the Contact Us page on our website or via phone prior to your order being processed.
4. Products
4.1 The following types of products are or may be available on our website from time to time:
4.2 We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.
5. Prices
5.1 Our prices are quoted on our website.
5.2 We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.
5.3 All amounts stated in these terms and conditions or on our website are stated exclusive of VAT.
5.4 It is possible that prices on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force.
5.5 In addition to the price of the products, you may have to pay a delivery charge, which will be notified to you before the contract of sale comes into force.
6. Payments
6.1 You must, during the checkout process, pay the prices of the products you order.
6.2 Payments may be made by bank transfer, credit or debit card, PayPal, on credit account depending on arrangement at account opening.
6.3 If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.
6.4 If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:
and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 6.4.
7. Credit accounts
7.1 If we agree to open a business account for you, you will be able to pay in arrears, in accordance with the provisions of this Section 7.
7.2 If you hold an account, then upon or following the dispatch of products, we will send to you an invoice for payment of the price of those products, and you will pay such invoice within the timeframe agreed with you at account opening.
7.3 Business accounts will be subject to such credit limits as we may notify to you from time to time.
7.4 If you do not pay to us any amount properly due under or in connection with these terms and conditions in full and on time, we may:
without prejudice to our other legal rights or rights under these terms and conditions.
8. Deliveries
8.1 Our policies and procedures relating to the delivery of products are set out in this Section 8
8.2 We will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process.
8.3 We will use reasonable endeavours to deliver your products on or before the date for delivery set out in the order confirmation or, if no date is set out in the order confirmation, within 7 days following the date of the order confirmation; however, we do not guarantee delivery by this date.
8.4 We will be able to deliver products worldwide.
9. Risk and ownership
9.1 The products you purchase from us will be at your risk from the time of delivery.
9.2 Ownership of a product that you purchase from us will pass to you upon the later of:
9.3 Until ownership of a product has passed to you, you will possess the product as our fiduciary agent and bailee.
9.4 Until ownership of a product has passed to you:
10. Warranties and representations
10.1 You warrant and represent to us that:
10.2 We warrant to you that:
10.3 All of our warranties and representations relating to the supply of products are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 12.1, all other warranties and representations are expressly excluded.
11. Breach of product warranty
11.1 If you believe that products you have purchased from us breach any of the warranties set out in Section 10.2, please contact us to discuss the issue and arrangements for the return of the products.
11.2 If products you purchase from us do not conform with the warranties set out in Section 10.2, then you will be entitled to a refund of all amounts paid in respect of those products. Alternatively, and subject to availability, we may agree to supply you with replacement products, in which case we will pay the cost of delivering those replacement products to you. In either case we will reimburse you for your reasonable expenses incurred in returning the products to us.
11.3 If you return a product in contravention of these terms and conditions, and you do not have any other legal right to a refund or exchange in respect of that product:
12. Limitations and exclusions of liability
12.1 Nothing in these terms and conditions will:
12.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:
12.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
12.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
12.5 We will not be liable to you in respect of any loss or corruption of any data, database or software.
12.6 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
12.7 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
12.8 Our aggregate liability to you in respect of any contract to purchase products from us under these terms and conditions shall not exceed the greater of:
13. Order cancellation
13.1 We may cancel a contract under these terms and conditions immediately, by giving you written notice of termination, if:
13.2 We may cancel a contract under these terms and conditions by written notice to you if:
13.3 We may cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.
14. Consequences of order cancellation
14.1 If a contract under these terms and conditions is cancelled in accordance with Section 13:
15. Scope
15.1 These terms and conditions shall not constitute or effect any assignment or licence of any intellectual property rights.
15.2 These terms and conditions shall not govern the licensing of works (including software and literary works) comprised or stored in products.
15.3 These terms and conditions shall not govern the provision of any services by us or any third party in relation to the products (other than delivery services).
16. Variation
16.1 We may revise these terms and conditions from time to time by publishing a new version on our website.
16.2 A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.
17. Assignment
17.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
17.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
18. No waivers
18.1 No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.
18.2 No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any breach of that provision or any other provision of that contract.
19. Severability
19.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
19.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
20. Third party rights
20.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
20.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
21. Entire agreement
21.1 Subject to Section 12.1, these terms and conditions, together with our delivery policy and our returns policy, shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products.
22. Law and jurisdiction
22.1 These terms and conditions shall be governed by and construed in accordance with English law.
22.2 Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of England.
23. Statutory and regulatory disclosures
23.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
23.2 These terms and conditions are available in the English language only.
24. Our details
24.1 This website is owned and operated by Eparts UK.
24.2 We are registered in England and Wales under registration number 11869645, and our registered office is at Unit 2 7c High Street, Barnet, England, EN5 5UE.
24.3 Our principal place of business is at Unit 5 Rowley Industrial Park, Roslin Road, London, W3 8BH.
24.4 You can contact us by writing to the address given above, by using our website contact form, by telephone on 0207 199 5544, or by email to info@epartsuk.com

