(d) Refunds or replacements will only be issued after 16 working days in the UK or 35 working days for International parcels, and only if the parcel is deemed to be lost in transit.
3. PRICING
3.1 All prices exclude VAT (where applicable) at the current rates. VAT will be charged at 20%. We shall show VAT separately and include it in the total price.
3.2 Where we charge separately for packing, carriage insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this Website.
3.3 Our prices are under continued review.
4. CANCELLATION AND RETURNS POLICY
We must receive notification in writing of any cancellations or returns prior to returning any goods.
4.1 If you wish to cancel your order:
(a) you can notify us by email to sales@electricalcarservices.com, in writing or in some other durable medium, before we have dispatched the goods to you; or
(b) where goods have already been dispatched to you, by returning goods to us in accordance with clause 4.2 below. We cannot accept cancellations by phone.
4.2 You MUST INFORM US IN WRITING (by email) before returning any items. You can return goods you have ordered from us for any reason at any time within 14 days of receipt for a refund (see clause 4.3 for exclusions). Only Standard delivery costs will be refunded and no requested Special Delivery Costs will be refunded. All returned goods must be unused, undamaged, in a re-saleable condition and in their original packaging. The cost of returning goods to us will be borne by you. Responsibility and liability for the goods remain with you until we are in receipt of the goods. We advise customers to use a tracked and insured service in case of damage or loss in transit.
4.3 Upon inspection and receipt of the goods we will give the Customer a refund. Only Standard Shipping costs will be refunded. The cost of postage on any returns will be borne by the Customer.
4.4 The rights to return the goods to us as referred to in clauses 4.2 and 4.3 will not apply in the following circumstances:
a) in the event that the product has been used and/or in the case of software, audio or visual products, where the products have been unsealed.
b) to any 'bespoke '/made-to-order items or any products sold by the metre in lengths or cut to length e.g. cable, heat shrink, convoluted/split tubing, braided sleeving etc., and/or products that we have made or customised specifically for you.
4.5 We are not responsible for entry errors made in the order process. No refunds can be issued if our Courier delivers to the wrong address or is unable to deliver because the Customer has given us the wrong, unrecognised or incomplete shipping address, has arranged delivery to be left in a safe place, with a neighbour or is not at home to receive a delivery. Customers will be advised to reorder, online, submitting the correct delivery address. Should the goods be returned to us by the Courier company no refund of the original shipping costs will be issued to the Customer in this instance. If goods are able to be redelivered, the Customer will have to pay all redelivery costs before enabling this service.
We do not hold or have access to Customers' personal details, payment or otherwise, on this website.
4.6 Despatch and Delivery time of goods will be subject to stock levels and confirmation of cleared payment.
4.7 In the unlikely event that goods are faulty you must report this to us in writing and return any such goods to us within 14 days of receipt of delivery.
The provisions of this clause 4.4 do not affect your statutory rights.
5. LICENCE
5.1 You are permitted to print and download extracts from this Website for your own use on the following basis:
(a) no documents or related graphics on this Website are modified in any way;
(b) no graphics on this Website are used separately from the accompanying text, and
(c) any of our copyright and trademark notices and this permission notice appears in all copies.
5.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with clause 5.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
5.3 Subject to clause 5.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
5.4 Any rights not expressly granted in these terms are reserved.
6. SERVICE ACCESS
6.1 While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.
6.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
7. VISITOR MATERIAL AND CONDUCT
7.1 Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to this Website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
7.2 You are prohibited from posting or transmitting to or from this Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(b) for which you have not obtained all necessary licences and/or approvals;
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
7.3 You may not misuse the Website (including, without limitation, by hacking).
7.4 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 7.2 or 7.3.
8. LINKS TO AND FROM OTHER WEBSITES
8.1 Links to third-party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third-party websites and do not control and are not responsible for these websites or their content or availability. We, therefore, do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk.
8.2 You may not create any links to this Website.
8.3 You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 8.2.
9. REGISTRATION
9.1 To register with www.electricalcarservices.com you must be over eighteen years of age.
9.2 Each registration is for a single user only. We do not permit you to share your username and password with any other person or with multiple users on a network.
9.3 Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.
9.4 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.
10. DISCLAIMER
10.1 While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
10.2 The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.
11. LIABILITY
11.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
11.2 Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
11.3 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
11.4 You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.
12. GOVERNING LAW AND JURISDICTION
12.1 These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.
12.2 We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
13. MISCELLANEOUS
13.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions
13.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
13.3 Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.