Consumer Terms and Conditions of Sale
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are UNIPART GROUP LIMITED (trading as Serck Motorsport) a company registered in England and Wales. Our company registration number is 576777 and our registered office is at Unipart House, Cowley, Oxford OX4 2PG. Our registered VAT number is GB 448 576 309.
2.2 How to contact us. You can contact us by emailing our customer service team on the Contact us form on our website: www.serckmotorport.co.uk.
2.3 How we may contact you. If we have to contact you we will generally do so by writing to you at the email address you provided to us when you created you’re account or placed your order.
2.4 "Writing" includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will refund your payment for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price (please see Clause 12.3) or description of the product or for another reason.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order via email. Please keep a note of this order number as it will help us if you can tell us the order number whenever you contact us about your order.
3.4 We only sell to the UK. Our website is solely for the promotion and sale of our products in the UK. Unfortunately, we do not accept orders from addresses outside the UK.
4. OUR PRODUCTS
4.1 Products may vary slightly from their pictures and/or how they appear on our website. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. As a result, your product may vary slightly from those website images.
4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
4.3 Making sure you order the correct product. To minimise the risk of purchasing the incorrect product, you may contact our specialist sales staff via our website. For the avoidance of doubt, all consumer orders for products must be placed via the website.
4.4 Making sure your measurements are accurate. If we are making the product to measurements you have given us, you are responsible for ensuring that these measurements are correct. You can find information and tips on how to measure on our website or by contacting us.
5. OUR RIGHTS TO MAKE CHANGES
5.1 We may make changes to the product:
(a) to reflect changes in relevant laws and regulatory requirements; and/or
(b) to implement minor technical adjustments and improvements.
6. PROVIDING THE PRODUCTS
6.1 Delivery costs. The costs of delivery of the product/s will be provided when you place your order on our website.
6.2 Delivery timeframe. The estimated delivery timeframe for each product is published on the website. When your order has been packed and shipped we will confirm the anticipated delivery date/s of your order.
6.3 We are not responsible for delays outside our control. If our supply of the product/s 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 telephone our customer service team on the number provided on our website to end the contract and receive a refund for any product/s you have paid for but not received.If we miss the anticipated delivery date/s of your order as a consequence of our mistake, please contact our customer services team via the telephone number provided on our website.
6.4 If you are not at home when the product is delivered. If no one is available at your nominated delivery address to take delivery and the products cannot be posted through your letterbox and/or require a signature, our courier will leave a note informing you of how to rearrange delivery or collect the products from a local depot.
6.5 If you do not re-arrange delivery. If you do not collect the products as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from the courier’s delivery depot, or if, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract. Provided the products are returned to us we will refund you.
6.6 When you become responsible for the product. The product will be your responsibility from the time we deliver the product to the address you gave us.
6.7 When you own product. You own the product/s when they are delivered to the address you gave us.
6.8 What will happen if you do not give required information to us or if the information is inaccurate/incomplete. We will need certain information from you so that we can supply the product/s to you and/or need to contact you about your order. The information we will need to process your order is: your name, billing address, delivery name and address (if different to billing details), email address, contact telephone number and payment card details. You will be asked to supply or confirm this information when you place your order. If you give us incomplete or incorrect information, we may either end the contract or make an additional charge to cover the cost of any additional delivery which may be required as a result.
7. YOUR RIGHTS TO END THE CONTRACT
7.1 You can always end your contract with us. 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), see Clause 10 (If there is a problem with the product);
(b) If you want to end the contract because of something we have done or have told you we are going to do, see Clause 7.2 (Ending the contract because of something we have done or are going to do);
(c) If you have just changed your mind about the product, see Clause 7.3 (Exercising your right to change your mind). 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 product:
7.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out below the contract will end immediately and we will refund you in full for any product/s which have not been provided. In some of these circumstances you will be required to return the product/s to us, our customer service team will be able to advise you further. The reasons are:
(a) the products were faulty and/or not as described;
(b) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(c) you have a legal right to end the contract because of something we have done wrong (on occasions including because we have delivered late) see Clause 6.3 (We are not responsible for delays outside our control).
7.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund (the ‘cooling-off period’) . These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
7.4 How long do I have to change my mind? How long you have depends on how the product is delivered.
(a) Single delivery. You have 14 days after the day you (or someone you nominate) receives the product/s, unless:
(b) delivery of your product/s are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the product/s.
7.5 Whatever your reason for wishing to end the contract, please call our customer service team on the number provided on our website in the first instance.
8. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
8.1 How to end the contract with us:
(a) Before the product/s are despatched. To end the contract with us, please let us know by calling our customer services team on the telephone number displayed on our website. Please provide your name, billing and shipping address (if different), details of the order (including the order number) and, where available, your contact telephone number and email address.
(b) After the products are despatched. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us, please telephone our customer services team who will discuss with you the options for return. If you are exercising your right to change your mind you must send the product/s back to us within 14 days of telling us you wish to end the contract.
8.2 When we will pay the costs of return. We will pay the costs of returning products:
(a) if the products are faulty or misdescribed; and/or
(b) if you are ending the contract because there is 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.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
8.3 What we charge for return. If you are responsible for the costs of return, these are likely to be the same as our charges for standard delivery, however when you telephone our customer service team to facilitate the return, they will confirm the actual costs involved when returning your order.
8.4 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used to pay for the order. However, we may make deductions from the price, as described below.
8.5 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind, we may reduce your refund of the price of the product (excluding delivery costs) to reflect any reduction in the value of the products, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
8.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the product back from you.
9. OUR RIGHTS TO END THE CONTRACT
9.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example your correct delivery address; and/or
(b) you do not, within a reasonable time, allow us to deliver the products to you or collect them from our courier.
10. IF THERE IS A PROBLEM WITH THE PRODUCT
10.1 How to tell us about problems. If you have any questions or complaints about the product, please call our customer service team on the telephone number provided on our website.
11. SUMMARY OF YOUR LEGAL RIGHTS
11.1 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions.
The Consumer Rights Act 2015 says products must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
a) Up to 30 days: if your product is faulty, then you can get an immediate refund.
b) Up to six months: if your product can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
c) Up to six years: if your product do not last a reasonable length of time you may be entitled to some money back.
See also Clause 7.3 (Exercising your right to change your mind)
11.1 Your obligation to return products rejected beyond the cooling-off period. If you wish to exercise your legal rights to reject products beyond the 14 day cooling off period you must telephone our customer service team in the first instance, the number is provided on our website.
12. PRICE AND PAYMENT
12.1 Where to find the price for the product. The price of the product (which is shown including and excluding VAT) will be the price indicated on the order pages displayed on our website when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see Clauses 3.2 and 12.3 for what happens if we discover an error in the price of the product you order.
12.2 We will pass on changes in the rate of VAT. 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.
12.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.
12.4 When you must pay and how you must pay. We accept payment via Sage Pay or credit/debit card. You pay for products at the time you place your order and we subsequently accept or reject your order. If your order is accepted we will then arrange for the products to be shipped to you. If we reject your order we will refund your payment.
12.6What to do if you think you’ve been charged incorrectly. If you think you have been charged incorrectly for your order please call our customer services team on the telephone number provided on our website.
13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. 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 including for defective products under the Consumer Protection Act 1987
13.4 We are not liable for business losses. We only supply the products for 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.
14. HOW WE MAY USE YOUR PERSONAL INFORMATION
14.1 How we will use your personal information. We will use the personal information you provide to us, detailed at Clause 6.8):
(a) to supply the product/s to you; and
(b) to process your payment for the product/s.
The data required to supply the product/s to you and to process your payment for the products will only be retained by us beyond the fulfilment of your order if you register an account with us on our website. All/any of these personal details can be updated and removed by you at any time, please contact our customer service team on the telephone number provided on our website if you require any assistance to update and/or remove your personal details.
With your consent we would also like to obtain and retain your email address to ensure you receive a copy of our regular newsletter about motoring related products and services we offer along with our affiliated partners.If you wish to unsubscribe from the newsletter at any time, please visit our website and follow the ‘unsubscribe’ instructions. Alternatively, please contact our customer service team on the telephone number displayed on our website.
14.2 We will only give your personal information to third parties where the law either requires or allows us to do so.
15. OTHER IMPORTANT TERMS
15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
15.2 You need our consent to transfer your rights to someone else (for example when a product is sold with a guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, not all guarantees are transferrable. In addition, we may not agree to transfer the guarantee if you cannot provide us with the original proof of purchase (still in your name) or if the product has been fitted and removed, for example. In addition, we may require the person to whom the guarantee is to be transferred to provide reasonable evidence that they are now the owner of the relevant product (for example: by submitting the proof of purchase and/or serial number or other unique identifier).
15.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in Clause 15.2 in respect of a transferable transferred guarantee. 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.
15.4 If a court finds part of this contract illegal, the rest will continue in force. 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.
15.5 Even if we delay in enforcing this contract, we can still enforce it later. 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. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
15.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.