STANDARD TERMS AND CONDITIONS FOR THE SALE OF GOODS OR SERVICES

 

BACKGROUND:

 

These Terms and Conditions are the standard terms for the sale of services and goods via our website or telephone by Roger Simpson Limited , trading as Subaru Parts, a Limited Company registered in England under number 01372857 ,whose registered address is Simpsons Subaru, Blackworth Industrial Estate, Highworth, Swindon, Wiltshire, SN6 7NA and whose main trading address is Simpsons Subaru, Blackworth Industrial Estate, Highworth, Swindon, Wiltshire, SN6 7NA.

 

  1. Definitions and Interpretation
    • In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Business Day”means, any day other than Saturday or Sunday or bank holiday;
“Calendar Day”means any day of the year;
“Contract”means the contract for the purchase and sale of Services, as explained in Clause 3;
“Month”means a calendar month;
“Order”means your order for the Services, made via <<insert method, e.g. telephone>>;
“Order Confirmation”means Our acceptance and confirmation of your Order as described in Clause 3;
“Pre-Contract Information”means information about Simpsons Subaru, the Services, Goods, pricing, and your legal rights that We are required to provide under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 some of which  will be provided by Our salespeople over the telephone, and all of which will be made available to you via Email.
“Price”means the price payable for the Services or Goods;
“Services”means the services which are to be provided by Us to you as specified in your Order (and confirmed in Our Order Confirmation);
“Special Price”means a special offer price payable for the Services or Goods; and
“We/Us/Our”means Simpsons Subaru, trading as Subaru Parts, a Private Limited Company registered in England under number 01372857, whose registered address is Simpsons Subaru, Blackworth Industrial Estate, Highworth, Swindon, Wiltshire, SN6 7NA and whose main trading address is Simpsons Subaru, Blackworth Industrial Estate, Highworth, Swindon, Wiltshire, SN6 7NA.
  • Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by email, [text message,] fax or other means.
  1. Information About Us
    • Simpsons Subaru, trading as Subaru Parts, is a Private Limited Company registered in England under number 1372857, whose registered address is Simpsons Subaru, Blackworth Industrial Estate, Highworth, Swindon, Wiltshire, SN6 7NA and] whose main trading address is Simpsons Subaru, Blackworth Industrial Estate, Highworth, Swindon, Wiltshire, SN6 7NA.
  1. The Contract
    • These Terms and Conditions govern the sale of services or goods by Us, via telesales or ecommerce and will form the basis of the Contract between Us and you. Before submitting your Order, you should ensure that you have read these Terms and Conditions and the Pre-Contract Information carefully.
    • Nothing provided by Us including, but not limited to, information given over the telephone, sales and marketing literature, price lists and other information constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at our discretion, accept.
    • A legally binding Contract between Us and you will be created upon Our acceptance of your Order, indicated by Our Order Confirmation. Order Confirmations will be provided in writing by <<insert method, e.g. email>>.
  1. Orders
    • All Orders for Services or Goods made by you via telesales or ecommerce will be subject to these Terms and Conditions.
    • You may change your Order at any time before We begin providing the Services by contacting Us. Requests to change Orders do not need to be made in writing.
    • If your Order is changed We will inform you of any change to the Price when you contact Us, and will confirm the change via email if requested.
    • If you change your mind, you may cancel your Order at any time either before We begin providing the Services or, subject to limitations, once the Services have begun by contacting Us. Please refer to Clauses 10 and 11 for details of your cancellation rights.
    • We may cancel your Order at any time before We begin providing the Services in the following circumstances:
      • The required personnel and/or required materials necessary for the provision of the Services are not available; or
      • An event outside of Our control continues for more than <<insert period>> (please see Clause 9 for events outside of Our control).
    • If We cancel your Order under sub-Clause 4.5 and you have already made any payment to Us, the payment will be refunded to you within maximum 14 Calendar Days. If We cancel your Order, you will be informed by by email or telephone and the cancellation will be confirmed in writing by email if requested.
  1. Price and Payment
    • The Price of the Services or Goods will be that given by Our salespeople or via our website at the time of your Order.
    • If We offer a Special Price, the Special Price will be valid for 14 days or, if the Special Price is part of an advertised special offer, for the period shown in the advertisement. If the Special Price requires a promotion or voucher code and you are unable to provide a valid promotion or voucher code when making your Order, the Special Price will not be available to you.  Orders placed during the validity period of a Special Price will be accepted at the Special Price even if We do not accept your Order until after the period has expired.
    • Our Prices may change at any time but these changes will not affect any Orders that We have already accepted.
    • All Prices include VAT. If the rate of VAT changes between the date of your Order and the date of your payment, We will adjust the rate of VAT that you must pay.  Changes in VAT will not affect any Prices where We have already received payment from you.
    • Pricing and payment structures (including due dates for payment) may vary according to the nature of the Services ordered.
    • We accept the following methods of payment:
      • Paypal
      • Bank transfer
      • Cash
      • Credit Card
    • We do not charge any additional fees for any of the payment methods listed in sub-Clause 5.6.
    • If you do not make any payment to Us by the due date as shown in/on Order Confirmation. We may charge you interest on the overdue sum at the rate of 4% per annum above the base lending rate of bank of England from time to time. Interest will accrue on a daily basis from the due date for payment until the actual date of payment of the overdue sum, whether before or after judgment.  You must pay any interest due when paying an overdue sum.
    • The provisions of sub-Clause 5.8 will not apply if you have promptly contacted Us to dispute an invoice in good faith. No interest will accrue while such a dispute is ongoing.
  1. Providing the Services
    • As required by law, We will provide the Services with reasonable skill and care, consistent with best practices and standards in the <<insert market/sector/industry>> [market] OR [sector] OR [industry], and in accordance with any information provided by Us about the Services and about Us. We will begin providing the Services on the date agreed when you make your Order (which shall be confirmed in Our Order Confirmation).  Please note that if you request that the Services begin within the statutory 14 Calendar Day cancellation (or “cooling-off”) period, your right to cancel may be limited or lost.  Please see Clause 10 for your statutory cancellation rights.
    • We will continue providing the Services or Goods for [a period] OR [an approximate period] of <<insert period>>.
    • We will make every reasonable effort to provide the Services in a timely manner [and to complete them on time]. We cannot, however, be held responsible for any delays if an event outside of Our reasonable control occurs.  Please see Clause 9 for events outside of Our control.
    • If We require any information from you in order to provide the Services, We will inform you of this as soon as is reasonably possible. Depending upon the exact nature of the Services you require from Us, We may require information such as <<insert examples>>.
    • If the information you provide under sub-Clause 6.4 is delayed, incomplete or otherwise incorrect, We will not be responsible for any delay caused as a result. If additional work is required from Us to correct or compensate for a mistake made as a result of incomplete or otherwise incorrect information that you have provided We may charge you a reasonable additional sum for that work.
    • In certain circumstances, for example where there is a delay in you sending Us information required under sub-Clause 6.4, We may suspend the Services (and will inform you of that suspension <<insert communication method(s) e.g. “by telephone and in writing by email”>>).
    • In certain circumstances, for example where We encounter a technical problem, We may need to suspend or otherwise interrupt the Services to resolve the issue. Unless the issue is an emergency and requires immediate action We will inform you in advance <<insert communication method(s) e.g. “by telephone and in writing by email”>> before suspending or interrupting the Services.
    • If the Services are suspended under sub-Clause [6 or] 6.7, you will not be required to pay for them during the period of suspension. You must, however, pay any invoices that you have already received from Us by their due date(s).
    • If you do not pay Us for the Services as required by Clause 5, We may suspend the Services until you have paid all outstanding sums due. If this happens, We will inform you <<insert communication method(s) e.g. “by telephone and in writing by email”>>.  This does not affect Our right to charge you interest under sub-Clause 5.8.
  1. Problems with the Services and Your Legal Rights
    • We always use reasonable endeavours to ensure that Our Services are trouble-free. If, however, there is a problem with the Services We request that you inform Us as soon as is reasonable possible via <<insert contact details>>.
    • We will use reasonable efforts to remedy problems with the Services as quickly as is reasonable possible and practical. [In emergency situations such as those where vulnerable people living in your property may be affected, We will use reasonable efforts to remedy problems within 24 hours.]
    • We will not charge you for remedying problems under this Clause 7 where the problems have been caused by Us, any of Our agents or sub-contractors or where nobody is at fault. If We determine that a problem has been caused by incorrect or incomplete information provided by you, sub-Clause 6.5 will apply [and We may charge you for the remedial work].
    • As a consumer, you have certain legal rights with respect to the purchase of services. For full details of your legal rights and guidance on exercising them, it is recommended that you contact your local Citizens Advice Bureau or Trading Standards Office.  If We do not perform the Services with reasonable skill and care, you have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you, you have the right to a reduction in price.  If the Services are not performed in line with information that We have provided about them, you also have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you (or if Our breach concerns information about Us that does not relate to the performance of the Services), you have the right to a reduction in price.  If for any reason We are required to repeat the Services in accordance with your legal rights, We will not charge you for the same and We will bear any and all costs of such repeat performance.  In cases where a price reduction applies, this may be any sum up to the full Price and, where you have already made payment(s) to Us, may result in a full or partial refund.  Any such refunds will be issued without undue delay (and in any event within 14 calendar days starting on the date on which We agree that you are entitled to the refund) and made via the same payment method originally used by you unless you request an alternative method.  In addition to your legal rights relating directly to the Services, You also have remedies if We use materials that are faulty or incorrectly described.
  1. Our Liability
    • We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence (including that of Our employees, agents or sub-contractors). Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by you and Us when the Contract is created.  We will not be responsible for any loss or damage that is not foreseeable.
    • We provide Services for domestic and private use (or purposes). We make no warranty or representation that the Services are fit for commercial, business or industrial purposes of any kind [(including resale)].  We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
    • [If We are providing Services in your property and We cause any damage, We will make good that damage at no additional cost to you. We are not responsible for any pre-existing faults or damage in or to your property that We may discover while providing the Services.]
    • Nothing in these Terms and Conditions seeks to exclude or limit Our liability for failing to perform the Services with reasonable care and skill or in accordance with information provided by Us about the Services or about Us.
    • Nothing in these Terms and Conditions seeks to exclude or limit your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office
  1. Events Outside of Our Control (Force Majeure)
    • We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
    • If any event described under this Clause 9 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions or the Contract:
      • We will inform you as soon as is reasonably possible;
      • Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;
      • We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Services as necessary;
      • If the event outside of Our control continues for more than <<insert period>> We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible;
      • If an event outside of Our control occurs and you wish to cancel the Contract, you may do so. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible.

 

  1. Your Statutory Right to Cancel
    • As a consumer in the European Union you have a statutory right to cancel your Contract with Us up to 14 Calendar Days after the Contract between you and Us is formed (as explained in sub-Clause 3.3). You may cancel your Contract with Us for any reason under this right.  If you wish to cancel your Order before receiving Our Order Confirmation or if you wish to cancel the Contract after receiving the Order Confirmation but before the Services begin, sub-Clause 10.2 will not apply.
    • As noted in sub-Clause 6.1, if you have requested that the Services begin within the 14 Calendar Day cancellation period your statutory right to cancel may be limited or lost. By requesting that the Services begin within the statutory cancellation period you acknowledge and agree that:
      • If the Services are fully performed within the 14 Calendar Day cancellation period, you will lose your right to cancel after the Services are fully performed.
      • If you cancel the Services after they have begun but are not yet complete (where applicable) you will be required to pay for the Services supplied up to the time at which you inform Us that you wish to cancel. The amount due shall be calculated in proportion to the full price of the Services and the actual Services already provided.  Any sums that you have already paid shall be refunded subject to deductions calculated in accordance with the foregoing.
    • If you wish to exercise your right to cancel under this Clause 10, you must inform Us of your decision. You may do so in any way that is convenient for you.  Please ensure that you inform Us of your decision to cancel before the period in sub-Clause 10.1 expires (note that the cancellation period is defined as whole Calendar Days.  If, for example, you send Us an email or a letter by 23:59 on the final day of the cancellation period, your cancellation will be valid and accepted).  We provide a cancellation form that you may use if you wish to inform Us in writing.  The cancellation instructions are available by emailing parts@simpson.  Alternatively, please contact Us:
      • By telephone on <<insert telephone number>>;
      • By email on <<insert email address>>; or
      • By post at <<insert address>>.
    • [We may ask you why you have chosen to cancel and may use any answers you provide to improve Our services, however you are under no obligation to provide any details if you do not wish to.]
    • Refunds under this Clause 10 will be issued to you no later than 14 Calendar Days after the date on which you inform Us that you wish to cancel.
    • Refunds under this Clause 10 will be made using the same payment method you used when ordering the Services [unless you specifically request that We make a refund using a different method].
  1. Cancellation After the Statutory Cancellation Period
    • Cancellation of Services after the 14 Calendar Day cancellation period has elapsed shall be subject to the specific terms governing those Services and may be subject to a minimum contract duration. You will be informed of the relevant duration and cancellation provisions by Our salespeople before you complete your Order and details will also be included in the Pre-Contract Information.
    • If you wish to exercise your right to cancel under this Clause 11, you must inform Us of your decision to do so. You may do so in any way that is convenient for you.  We provide a cancellation form that you may use if you wish to inform Us in writing.  The cancellation form and accompanying instructions is available <<insert details, e.g. “from Our website at www.website.co.uk/cancellation/”>>.  Alternatively, please contact Us:
      • By telephone on <<insert telephone number>>;
      • By email on <<insert email address>>; or
      • By post at <<insert address>>.
    • [We may ask you why you have chosen to cancel and may use any answers you provide to improve Our services, however you are under no obligation to provide any details if you do not wish to.]
    • Eligibility for refunds may vary according to the Services ordered. In some cases you may be required to make a further payment on cancellation.  You will be informed of the relevant terms by Our salespeople before you submit your Order and details will also be included in the Pre-Contract Information.
    • Refunds under this Clause 11 will be issued to you no later than 14 Calendar Days after the date on which you inform Us that you wish to cancel.
    • Refunds under this Clause 11 will be made using the same payment method you used when ordering the Services [unless you specifically request that We make a refund using a different method].
  1. Communication and Contact Details
    • If you wish to contact Us with general questions or complaints, you may contact Us by telephone at <<insert number>> or by email at <<insert email address>>.
    • For orders, payments and delivery please contact Us by telephone at <<insert number>> or by email at <<insert email address>>.
  1. Complaints and Feedback
    • We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
    • All complaints are handled in accordance with Our complaints handling policy and procedure, available from <<insert location(s)>>.
    • If you wish to complain about any aspect of your dealings with Us, including, but not limited to, these Terms and Conditions, the Contract, or the Services, please contact Us in one of the following ways:
      • [In writing, addressed to <<insert name and/or position and/or department>>, <<insert address>>;]
      • [By email, addressed to <<insert name and/or position and/or department>>, <<insert email address>>;]
      • [Using Our complaints form, following the instructions included with the form;]
      • [By contacting Us by telephone on <<insert telephone number>> [and choosing option <<insert number>> when prompted.]]
  1. How We Use Your Personal Information (Data Protection)
    • All personal information that We may collect (including, but not limited to, your name, address and telephone number) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
    • We may use your personal information to:
      • Provide Our services to you;
      • Process your Order (including payment) for the Services; and
      • Inform you of new products and/or services available from Us (if you opt or have previously opted to receive it). You may request that We stop sending you this information at any time.
    • In certain circumstances (if, for example, you wish to purchase Services on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
    • We will not pass on your personal information to any third parties [without first obtaining your express permission].
  1. Other Important Terms
    • We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing.  Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
    • You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
    • The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
    • If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
    • No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
  1. Governing Law and Jurisdiction
    • These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with English law.
    • Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
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