Eurospares A passion for parts.

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Terms & Conditions

These are the terms and conditions on which we supply goods to you. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.

The goods supplied by us are supplied by Eurospares (Continental Parts) Ltd, a company limited by shares, with registered number 0189 5506, with business premises located at Unit 13-15, Fifth Avenue, Bluebridge Industrial Estate Halstead Essex CO9 2SZ and registered offices situated at Winghams House 9 Freeport Office Village, Century Drive, Braintree, Essex, CM77 8YG. “Eurospares” is a trading name of Eurospares (Continental Parts) Ltd. Our VAT number is GB 418 3803 54. The expressions we, us, our and Eurospares, are a reference to Eurospares (Continental Parts) Ltd.

We at Eurospares will only contact you with matters concerning your order or its delivery. Courtesy contact may be made to ensure you are satisfied with the service and parts that you have received. Should you not wish to receive such communications, please inform us in writing, by email or telephone us. You are able to contact us online at [email protected], by telephone on 017 8747 7169 during business hours, by fax on 017 8747 2867 or by post to our registered offices.

Eurospares has the utmost respect for your personal information and is committed to maintaining its integrity and security. All of our staff are trained to respect and protect your personal information in line with the Data Protection Act. When we refer to consumers below, we are referring to consumers located in the UK at the time our contract is formed with you.

1. Your Order

1.1 We accept your order when we email you to accept it. It is at that point a contract comes into existence between us, and we will inform you of our order reference. If we are unable to accept your order, we will inform you in writing and not charge you for the product(s) ordered. We are under no obligation to accept any order from you.

1.2 We comply with the law as it applies in the UK. We cannot confirm that details will also comply with laws of other countries. It is your responsibility to ensure that it is lawful within the jurisdiction(s) in which you use this website and arrange to ship our products. If they do not, you are prohibited from accessing or making any purchases from us.

1.3 If you wish to make a change to the product you have ordered, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract.

Second-hand Goods

1.4 We sell new parts made by original manufacturers and resell parts from taken from vehicles sold to us, and resell them to the public. We are under a legal duty to supply goods in conformity with their description and our contract with you. You will find the description of the goods on the product page where the goods are listed for sale on our website. If the goods are not listed please contact our presales support staff. The description of the goods offered for sale on our website describes goods as second-hand if they are not offered as new

1.5 Accordingly, the products which we supply may be sourced from second-hand vehicles and are second-hand goods. Accordingly, you accept that such goods are not new and should not be expected to function as new products. Additional information on any stock or non-stock item can be obtained by telephoning Eurospares directly prior to purchase. All information provided is correct at the time of purchase. We also manufacture and supply customised parts made to your specification where parts are obsolete and no longer available

1.6 Other than where we set out below, we do not provide any warranty in respect of the condition, operation, working state or otherwise of second-hand goods. Such goods are purchased at your own risk. Should you require supply of new goods, please speak to one of our customer services department to discuss availability and how we might be of assistance to you.

2 Delivery

2.1 If you have asked to collect the products from our premises, you can collect them from us at any time during our working hours of 9.30am to 4.00pm on weekdays (excluding public holidays) from our premises at Unit 13-15, Fifth Avenue, Bluebridge Industrial Estate Halstead Essex CO9 2SZ.

2.2 Other than where you request to collect the goods, we will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order. If we are not able to do so, we will contact you with an estimated delivery date.

2.3 If our supply of the products ordered is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to enquire whether the contract may be ended and receive a refund for any products you have paid for but not received.

2.4 If you are a consumer, you have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods then you may treat the contract as at an end straight away if any of the following apply:

a. we have refused to deliver the goods;
b. delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
c. you told us before we accepted your order that delivery within the delivery deadline was essential.

2.5 The goods supplied will be your responsibility from the time we deliver them to the address for delivery you gave us or to someone you authorised us to deliver them to, or you or a carrier organised by you collect them from us. If no one is available at your address to take delivery and the products cannot otherwise be delivered to you our courier will leave you a note informing you of how to rearrange delivery. You are able to contact us to ascertain the location of your order.

2.6 The costs of delivery are displayed to you on our website, including surcharges which may be applicable at http://www.eurospares.co.uk/delivery-costs and as you will be informed if you place your order from us over the telephone.

2.7 We may need certain information from you so that we can make deliveries to you. If so, this will be requested during the order process. We may also contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

2.8 If the goods need to be returned to us, you will pay the costs of doing so. Larger items should be returned by courier and in any event shipped in such a way so as to avoid damage to the goods. The usual costs for carriage appears on our website.

2.9 If you are a business, you will own products once we have received payment in full. Until that time, we retain ownership of the goods. We have no obligation to deliver goods to you until they have been paid for. If you do not make payments in accordance with an agreed instalment plan, we may: (1) suspend supply of products, and/or (2) terminate the contract.

3 Warranties

3.1 Some of the goods we sell may come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided in the description of the products (if any). If you are a consumer, a manufacturer's guarantee is in addition to, and does not affect your legal rights in relation to products that are materially faulty or not as described.

3.2 When goods do not have a manufacturer's guarantee, we provide a warranty that on delivery, the products supplied will conform with its description. However, this warranty does not apply to any defect in goods arising from:

a. fair wear and tear, where they are second-hand goods;
b. wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
c. if you fail to operate, use or install the goods in accordance with appropriate user instructions and/or guides published by original manufacturer, or in the manner and for the purpose for which the goods are intended;
d. any alteration or repair by you or by a third party; or
e. any specification provided by you.

3.3 You are able to contact us for information on any guarantee which may be available with goods offered for sale or which have been sold to you.

3.4 If you are a consumer, this warranty is in addition to, and does not affect, your legal rights in relation to products that are faulty or not as described.

4 Ending this Contract

4.1 This clause applies if you purchase goods from us as a consumer and not a business

4.2 You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day you receive the goods, or a third party other than the carrier indicated by you acquires physical possession of the goods.

4.3 To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (you may use the cancellation form which appears in the Schedule below, but you do not have to use it) by:

a. post to Eurospares, Winghams House, 9 Freeport Office Village, Century Drive, Braintree, Essex, CM77 8YG;
b. fax to 017 8747 2867; or
c. e-mail to [email protected]

4.4 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. Please retain a documentary record of your communication.

4.5 If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery, except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us.

4.6 We may make a deduction from any reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.

4.7 We will make the reimbursement without undue delay, and not later than:

a. 14 days after the day we receive back from you any goods supplied, or
b. (if earlier) 14 days after the day you provide evidence that you have returned the goods, or
c. if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.

4.8 Where you have received the goods:

a. You will send back the goods or hand them over to us at Eurospares, Unit 13-15, Fifth Avenue, Bluebridge Industrial Estate, Halstead, Essex CO9 2SZ, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
b. You will have to bear the direct cost of returning the goods. The likely costs of doing so are set out at http://www.eurospares.co.uk/delivery-costs if you use the carriers named at that webpage.

4.9 You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

4.10 If you requested to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated to us your cancellation from this contract, in comparison with the full coverage of the contract.

4.11 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless we have agreed in writing otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

4.12 If you are a consumer, your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

a. if what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back);
b. if you want to end the contract because of something we have done or have told you we are going to do.

4.13 if you have just changed your mind about the product. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods. For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights are granted to you under the Consumer Contracts Regulations 2013.

4.14 You do not have a right to change your mind in respect of any products which become mixed inseparably with other items after their delivery.

4.15 We will pay the costs of return:

a. if the products are faulty or misdescribed;
b. if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
c. if you are exercising your right to change your mind within the prescribed time

4.16 If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. If we are required to collect items, the costs will be comparable to those indicated at http://www.eurospares.co.uk/delivery-costs.

4.17 In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.

5 If you are a business customer

5.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use to purchase from us

5.2 These terms and any document expressly referred to in them constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

5.3 You acknowledge that in entering into this contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms or any document expressly referred to in them.

5.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this contract

6. Price and payment

6.1 Unless otherwise agreed in writing with us, you must pay for the goods at the time you place your order. The price of the product (which excludes VAT) will be the price indicated on the order page when you placed your order or as we inform you over the telephone. We take all reasonable care to ensure that the price of the product advised to you is correct. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

6.2 If you do not make any payment to us by its due date we may charge interest to you on the overdue amount at the rate of 5% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

7. Limitations of Liability: Businesses

7.1 This clause applies to you if you are a business.

7.2 Nothing in these Terms limits or excludes our liability for:

a. death or personal injury caused by our negligence;
b. fraud or fraudulent misrepresentation;
c. breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
d. defective products under the Consumer Protection Act 1987.

7.3 Subject to clause 8.3, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for any loss of profits, sales, business or revenue; loss or corruption of data, information or software; loss of business opportunity; loss of anticipated savings; loss of goodwill; or any indirect or consequential loss.

7.4 Subject to clause 8.3, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price that the goods were sold to you or £10 million, whichever is the lesser sum.

7.5 Except as expressly stated in these Terms, we do not make any statement, give any representation, warranties or undertakings in relation to the goods. Any representation, condition or warranty which might be implied or incorporated into these terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the goods are suitable for your purposes.

8 Limitations of liability: Consumers

8.1 This class applies to you if you are a consumer.

8.2 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.

8.3 This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products. We only supply the products for your domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

8.4 We supply goods to consumers solely for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

8.5 We do not in any way exclude or limit our liability for:

a. death or personal injury caused by our negligence;
b. fraud or fraudulent misrepresentation;
c. any breach of the terms relating to passing title to you and quiet possession; and
d. defective products under the Consumer Protection Act 1987.

9 General

9.1 You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

9.2 This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

9.3 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

9.4 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

9.5 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. Disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform

9.6 If you are a consumer, we both agree that these terms are governed by English law and the courts of England and Wales will have non-exclusive jurisdiction to decide disputes arising from or connected with this agreement (including non-contractual disputes or claims).

9.7 If you are a business, any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. We both irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to resolve any dispute or claim arising out of or in connection with this agreement, its subject matter or formation (including non-contractual disputes or claims).

Cancellation form

Privacy

The information collected from you at the time of ordering is stored on our database and is used purely for carrying out your instructions and to action payment. Your information will not be shared with any 3rd parties without your prior permission and is stored in accordance with the data protection act of 1998 and our privacy policy.

DoubleClick: We use Google Analytics remarketing codes to log when users view specific pages or take specific actions on a website. This allows us to provide targeted advertising in the future. If you do not wish to receive this type of advertising from us in the future you can opt out using the DoubleClick opt-out page or the Network Advertising Initiative opt-out page.

Security

Despite our reasonable precautions (Which include a high level of encryption), there is an inherent risk to transmission of any data across the internet. As such, we do not warrant and can not ensure the security of any data transmitted to us over the internet including credit card information. Any information sent to us is hence done so at your own risk. Upon receipt of any data, we will take reasonable steps to preserve the security of such information.

Customer Contact

We at Eurospares will only contact you with matters concerning your order or its delivery. Courtesy contact may be made to ensure you are satisfied with the service and parts that you have received.

Supply

Eurospares sources both new and used parts all of which are supplied in the condition as indicated on the website. Additional information on any stock or non-stock item can be obtained by telephoning Eurospares directly. All information submitted at the time of ordering must be correct at the time of purchase. Confirmation of orders will be via e-mail. In the unlikely event that such an e-mail has not been received within 2 working days please contact [email protected]. Once submitted, an order may not be retracted even if pending a confirmation e-mail. We are unable to supply to persons unable to enter into a legally binding contract. All orders are subject to a delivery charge as set out in the shipping charges section of the website.

Delivery

Payment & Price

All payments must be effected by credit or debit card using the online ordering facility. Customers wishing to use alternate forms of payment must contact Eurospares directly to arrange conditions. Prices indicated are subject to VAT. European customers within the EC are not required to pay VAT providing a correct and valid VAT number can be supplied. Additional card charges applied by the card provider must be covered by the customer (e.g. currency conversion). All orders are subject to a delivery charge as detailed in our ‘shipping charges’ section.

Cancellation due to Error OR Unavailability

You acknowledge that despite our reasonable precautions, products may be listed at an incorrect price, with incorrect information, or which are unavailable due to a typographical error or oversight. In these circumstances, we reserve the right to cancel the transaction, notwithstanding that your order has been confirmed and your credit card has been charged. We reserve this right up until the time of delivery of goods. If a cancellation of this nature occurs after your credit card has been charged for the purchase, we will immediately issue a credit to your credit card account for the amount in question.

Refunds & Replacements

Goods ordered from Eurospares may only be returned if found to be faulty on receipt. In such an event, Eurospares must be formally contacted within 14 days of the invoice date. If no contact is made within this period, goods may not be accepted back. Under special circumstances goods may be returned after this period subject to shipping costs and a returns surcharge at a minimum 15%. Such a return must be formally agreed with Eurospares before carriage is arranged. Shipping charges are non-refundable in all returns cases. Eurospares do not offer any warranty on any goods.

Comments and Complaints

We are always interested in the opinions of the customer and as such welcome e-mailed suggestions on ways in which service or our web site can be improved. In the unlikely event that you are not entirely satisfied with either the service or goods offered by Eurospares, formal complaints can be made to [email protected] All complaints are taken vary seriously and the customer can be assured that best efforts are made to respond promptly.

Law and Jurisdiction

Any contract for your purchase from Eurospares is governed by and has to be interpreted under the Law of England. You must agree that such contract will be subject to the non-exclusive jurisdiction of the English courts.

Disclaimer & Limitation of Liability

To the extent permitted by law, we exclude all liability arising from or relating to your use of this Website including the online purchase of parts, as set out in our legal disclaimer. All details contained within this website relating to goods and services have been prepared in accordance with English Law. We can not confirm that details will also comply with laws of other countries. It is therefore the responsibility of the website user to endure that the details satisfy the laws of the jurisdiction within which you reside. If they do not, you are prohibited from accessing or making any purchases on this website.

Changes to Terms & Conditions

We reserve the right to make any changes to these terms and conditions at any time. Such changes will be effective immediately upon notification on this website. By your continued use of the website you agree to be bound by these new terms and conditions.

General

We accept no liability for failure to comply with these terms and conditions when such failure is beyond our reasonable control. If by choice, we waive one or more of the rights as detailed above on any occasion, this does not imply that the same right may be waived in similar future situations. If for some reason any of the above terms and conditions are found to be invalid, unenforceable or illegal the remaining terms and conditions will nevertheless remain in full force. Eurospares (Continental Parts) Ltd.

Customs, Duties and Taxes

International Buyers (outside the EU zone)

We do NOT mark merchandise values below value. UK and International government regulations prohibit such behaviour. We cannot risk our ability to do business by falsifying any portion of the customs documents. Please do not ask us to break the law.

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