PARTBUSTERS TERMS AND CONDITIONS
1. OVERVIEW OF THESE CONDITIONS
You are required to read the provisions in this User Terms and Conditions (these “Conditions”) and agree to it as it relates to your use of the Partbusters services and platforms, including your purchase of items through our website and your use of all our social media channels (collectively, our “Services”). Please, read all the terms and conditions.
In these Conditions, “Partbusters” or “we” or “us” or “our” refers to Partbusters and subsidiaries. In contrast, “you” or “user” or “your” refers to anyone accessing our website and purchasing items through it.
Your use of our Services constitutes your acceptance of these Conditions. If otherwise, you disagree to be bound by provisions in these Conditions, you do not have our permission to use our Services, including accessing our website and purchasing from us.
2.1 Any acceptance by us of an order by you is subject to the following conditions. We accept an order for goods or services by you at the earliest of our written acknowledgement of your order or our goods delivery.
We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the website, and it remains your responsibility to read the terms and conditions EACH occasion you use this website.
2.2 Acceptance of your order and the completion of the contract between us (Partbusters) and you (the customer) will take place when the goods have been paid for by you and dispatched by us. Any email, order confirmation, or other electronic acknowledgement by us of receipt of an order does not constitute legal acceptance by Partbusters of your order.
In the event that there are any errors regarding price or description, we reserve the right to notify you as soon as possible and give you the options to proceed with this revised order at the correct price/description or to cancel the order. In these circumstances, upon cancellation, your credit/debit card or PayPal account will be refunded in full.
3. USER REPRESENTATION AND WARRANTIES
3.1 Below, we set out how a legally binding contract between you and us is made.
3.2 You place an order on the Site by completing the online checkout process. Please ensure to double check and ensure that the order you submit is exactly the product you’re interested in. However, if you need to correct any errors, you can do so before submitting them to us.
- We may contact you to say that we do not accept your order. This is typically for the following reasons:
- the goods are unavailable;
- we cannot authorise your payment;
- you are not allowed to buy the goods from us;
- we are not allowed to sell the goods to you;
- you have ordered too many goods; or
- there has been a mistake in the pricing or description of the goods.
- Orders placed through the website are automated. Once you submit an order, you’ll receive an invoice to confirm your order. At this point:
- a legally binding contract will be in place between you and us; and
- we will dispatch the goods to you.
- If you are under the age of 18, you may not buy certain goods because you are too young. These are set out on the relevant webpage for the goods, and we have the right to carry out checks where appropriate.
While we endeavour to adhere to our published prices, we reserve the right to amend them to those ruling at the date of dispatch. All prices are pound sterling and include VAT unless otherwise stated.
4.1 Goods purchased via our website, the price you pay is the price displayed when we accept your order with the following exclusions:
- While all our prices are checked for accuracy regularly, some prices may be incorrect. If we discover an error with the price of your goods, we will inform you as soon as possible. We are not obligated to provide goods to you at the incorrect lower price and reserve the right to cancel your order. In cases where contact cannot be made, we will treat the order as cancelled.
4.2 Prices may vary in-store or shown on our Site or any other advertising material unless expressly stated.
- We reserve the right to alter prices to account for inherent costs to our business.
4.3 All quotations provided are valid for 14 days unless otherwise stated.
4.4 All delivery prices (where applicable) are quoted when you place your order; no credit will be issued for goods collected from any of our premises by you or any third party employed by you.
4.5 If you wish to collect your product in person, please ensure to select the “collect in store option” during checkout.
5. PRODUCT INFORMATION
5.1 Any application lists, catalogues, descriptions, information, or advice provided by us in respect of goods is as accurate as possible, although it is for illustrative purposes only. In all instances, it is your responsibility to assure yourself that the parts supplied are suitable for the application involved.
5.2 Goods supplied will conform in all material respects to their description or to any sample or specification provided to and accepted by us. We reserve the right to amend any design or specification without prior notification, provided that it does not adversely affect the performance of the goods.
5.3 We reserve the right to supply goods of a revised/modified design, providing that any difference does not affect the goods performance or suitability for the intended purpose.
5.4 Goods supplied by us may differ in color or appearance from those shown on our website or the vehicle itself.
5.5 While every endeavor has been made to ensure our catalogue’s accuracy, we accept any responsibility for errors or omissions. Replacement parts should always be checked against the original ones prior to fitting to ascertain their suitability for purpose.
5.6 Fitting position: Left Hand (LH) and Right Hand (RH) fitting positions are stated as sitting in the driver’s seat.
We cannot be held responsible for any infringement of patent or copyright on our suppliers or customers in the event of parts being supplied to their design.
While we use our best endeavours to fulfil orders made by you, we will not be liable for any failure in the performance of any of our obligations to you caused by factors outside our control, including (without limitation) strikes, lockouts, shipping delays, fire, war, etc. In such an event, you will have no claim against us for any loss or damage resulting.
8. PAYMENT TERMS
8.1. We offer you various methods for paying for the goods purchased. You can find the specific payment methods on the relevant product page.
8.2. All prices in our online shop are given in GBP and include the statutory value-added tax (VAT). All our prices are ex-warehouse and include packaging but exclude all shipping costs and any COD costs.
8.3. The price of the goods is valid at the moment the order is placed and is shown in the order confirmation that you receive by email after you place the order. If items are saved in the shopping basket, their total price is updated to the latest daily price during the ordering process.
8.4. For purchase contracts between you and us, the total payable price – including shipping costs – is due immediately. You agree to receive the invoice solely in electronic form.
After choosing a credit card as the payment method, please click on “confirm order.” After this, you will be redirected to a secure page where you can select your credit card type. Finally, you have to enter the correct card information and confirm the payment. Your card will be charged after your order has been completed.
After you place the order, you will be redirected to the PayPal sign-in page. Please sign in and make the payment. To pay by means of PayPal, you need to have a PayPal account. There are no additional charges in connection with this.
8.6. Please note that in the interests of secure payment, the necessary identity documents, information on your account/credit card, and a comparison of the delivery address may be requested. This is done solely for your security. The data are sent via a secure connection and are not passed to third parties. In such cases, the processing time of an order may take longer. If the information requested is not provided, the order will be cancelled and the costs for the order will be reimbursed in the same currency you selected when placing the order. In such a case, the goods will not be shipped, and the offer made by you will be deemed to have been declined.
9. DELIVERY OF GOODS AND RETENTION OF TITLE
9.1 Goods are delivered to you and at your risk at the earliest of when we physically deliver them to you or make them available to you for collection at a location agreed by us.
9.2 Time of delivery will not be of the essence, and any delivery date is an estimate only. You will have the right to cancel any order without liability if delivery has not taken place more than 30 days late after the time specified by us.
9.3 Any claim that goods have not been delivered to you by us must be notified by you to us within 7 days of their expected delivery.
9.4 The quantity of any consignments recorded by us upon dispatch from our business premises will be conclusive evidence of the goods received by you on delivery unless you can provide conclusive evidence to prove otherwise.
9.5 If you fail to take delivery of any goods at the time agreed for delivery. We will be entitled to cancel or suspend such delivery and all other outstanding deliveries and charge you for the loss. It is your responsibility to provide the means for unloading goods from our vehicles on delivery.
- Notwithstanding delivery, title in the goods shall remain ours until we have received payment of the full price of all goods the subject of this Contract and (b) all goods supplied by us to you under any other contract whatsoever.
- You shall nevertheless be entitled to deal with goods in which we retain title in the ordinary course of business provided that:
- any such sale will be a sale of our property on your behalf;
- you shall first dispose of the goods that you have paid for, and any payments received by us from you shall first be appropriated to goods disposed of by you;
- Until property in the goods passes to you, you shall hold the goods as bailee for us and shall store the goods in such a way that they are readily identifiable as our property. You shall also maintain the goods in satisfactory condition and keep them insured on our behalf.
- In the event of an Insolvency Event (as defined herein):
- All sums payable by you to us under this or any other contract shall become immediately due and payable; you shall cease to be entitled to sell, use in the manufacture or otherwise deal with any goods
- we shall be entitled to recover and resell any goods that we retain title in (without prejudice to our right to damages), and for that purpose, you hereby irrevocably grant us our servants or agents the right to enter your premises to remove the goods;
(i) we shall be entitled to stop all further deliveries of goods to you under this or any other contract;
(b) For this clause 9, an Insolvency Event occurs if:
(I) you (being an individual) have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of your undertaking or any part thereof, or a resolution is passed or a petition presented to any court for your winding-up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency in any jurisdiction; or
(ii) you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you, or fail to observe/perform any of your obligations under this Contract or any other contract between you and us, or are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or you cease to trade; or
(iii) you encumber or in any way charge any goods to which we retain title; or
(iv) anything analogous to the foregoing occurs in any jurisdiction.
9.6 All non-delivery claims will, at our discretion, limited to replacing the goods or issuing a credit note within a reasonable time so as not to cause excessive inconvenience.
9.7 Any claim that goods have been delivered damaged or do not comply with their description should be made within 7 days of their delivery. Provided that such goods are returned to us in accordance with clause (10), we will refund, issue a credit or replace the goods at our discretion.
9.8 All claims that goods have not been delivered to you by our appointed carriers must be made within 7 days of the expected delivery date. We reserve the right to make appropriate investigations with our carrier within a reasonable timescale. In some cases, we may require compelling evidence from you or a third party to aid the investigation process. You will be notified of our decision (to refund, replace or issue a credit for the goods) within 14 working days of your initial claim.
9.9 If you fail to take delivery of goods on a mutually agreed date, we may, where required, store them at a nominated site or have them stored by a third party where we deem it necessary. In any event, you will be liable for the cost of storage until delivery is complete.
10. RETURN AND REFUNDS
If the item(s) in your order is damaged in transit or does not match the items you placed an order for, you may return the item(s) to us within 30 days after delivery and we will either issue a refund or replace the item(s) within 30 days with the terms and conditions below:
- You must check any item(s) delivered at the presence of the delivery agent. If any damage or issue is noticed, you must sign for it or outrightly refuse the delivery. You must inform us of any issue with the order within 24 hours and all the packaging must be intact for you to make a claim. To expedite the reporting process, you should take a picture of the issue or damage and send it over through our email address.
- If an item is subject to a replacement, a similar item will be replaced with it. Under no circumstances will an item be replaced with a different item.
- In reference to incorrect part supplied, Partbusters do not accept responsibility if a reg number has been entered by the customer. If in this case the customer still wishes to return a product then the standard terms and conditions apply.
iii. If an item is undamaged or without issues, you will not be entitled to a replacement.
Read more about our refund policy on the return and refunds page.
- The Buyer will unload all Products immediately on receipt, otherwise waiting time will be charged for.
- Any damage caused on unloading will be the responsibility of the Buyer and no claims can be entertained in connection with this.
12. RIGHT TO CANCEL
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 the goods are delivered.
To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement (e.g., a letter sent by post, fax, or email). You can use the contact us form or send us an email.
To meet the cancellation deadline, it is essential for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
13. EFFECTS OF CANCELLATION
13.1 If you cancel this contract, we will reimburse you all payments received from you, including the costs of delivery.
13.2 We will not accept goods that has been badly damaged by you.
13.3 We will make the reimbursement without undue delay, and not later than:
- 14 days after the day we received back from you any goods supplied; or
- (If earlier) 14 days after the day you provide evidence that you have returned the goods; or
- if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this Contract.
13.4 We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
13.5 If you have received goods:
- you shall send back the goods or hand them over to us, 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;
- you will also ensure that the goods will be sent back to us in resaleable condition;
- you will have to bear the direct cost of returning the goods, and
- 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.
14. NATURE OF GOODS
14.1 The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, the goods:
- are of satisfactory quality;
- are fit for purpose; and
- match the description, sample, or model.
14.2 We must provide you with goods that comply with your legal rights.
14.3 Any goods sold:
- at discount prices;
- as remnants; or
- as substandard;
will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.
14.4 If we can’t supply certain goods, we may need to substitute them with alternative goods of equal or better standard and value. In this case:
- we will let you know if we intend to do this, but this may not always be possible; and
- you can refuse to accept such substitutes; in which case we will offer you a refund or a replacement and let you know how long such an offer remains open.
15. CONSUMER RIGHTS APPLICABLE TO CONSUMERS BUYING GOODS BY MAIL ORDER OR FROM OUR WEBSITE
Clause 15 only applies if you are a Consumer AND purchasing goods from our website.
15.1 In accordance with the Distance Selling Regulations 2000, you may cancel a contract at any time within 14 days, beginning on the day after you receive the Goods (the ‘Cooling off Period’). If you want to cancel the Contract within this Cooling-Off Period, a refund (or, if you require, exchange or replacement) will be provided in accordance with our refunds policy below.
To cancel an order under this Contract, you must:
- Inform us in writing;
- Return the goods to us in the same condition in which you received them with the original packaging and the product documentation, and at your own cost and risk. The goods must not have been used and, where applicable, must not have been removed from the sealed clear packaging; and
- Provide proof of purchase in the form of our invoice for the original supply of such goods.
- Nothing in this clause affects your statutory rights.
15.2 We will issue a full refund for the goods/services purchased via same method as payment.
15.3 You may also cancel an order for services within this period; however, once the services have been completed or started the services, you must pay us for all services provided to date.
16. LIMITATION OF LIABILITY
16.1 The following provisions set out the entire financial liability of us (including any liability for the acts or omissions of our employees, agents and sub-contractors) to you arising out of or in any way related to the Contract.
- All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979 (as amended)) are, to the fullest extent permitted by law, excluded from this Contract.
- Nothing in these terms excludes or limits our liability for death or personal injury caused by our negligence under section 2(3) of the Consumer Protection Act 1987 for fraud or for fraudulent misrepresentation or for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
- Subject to clause 16, we will not be liable to you for any indirect or consequential, special or punitive loss, damage, costs or expenses, loss of profit, loss of business, loss of income or revenue, waste of management or office time or depletion of goodwill.
- Subject to clause 16, our total liability to you under or connected with this Contract will not exceed 125% (one hundred and twenty-five percent) of the price payable for the goods for any one event or series of connected events.
17.1 All promotions (including but without limitation to) discounts, offers, promotional codes, prize drawers, vouchers and competitions) are subject to the conditions below.
17.2 Promotions are only valid on our website unless otherwise stated; promotion codes/discounts and or ‘gifts’ are not redeemable in store or via phone unless stated otherwise.
17.3 Promotions are limited to one per customer, per transaction and cannot be used in conjunction with any other offer.
17.4 All promotions are non-transferable.
17.5 We reserve the right to end any promotion without notice or refuse any customer to participate in the scheme.
17.7 Promotions are only valid for the period stated, if no date limit is set, the promotion will expire no later than 2 days from issue
17.8 We reserve the right to cancel any order where in our opinion the promotion is not valid against the goods purchased and make reasonable effort to contact the customer.
17.9 Any goods supplied free as part of a promotion are subject to availability and we reserve the right to, at our discretion, supply another free item of the same or similar value. If returning an order, any free goods must be returned as new. We reserve the right to deduct the RRP from any refund issued in cases where goods are not returned to us.
17.10 By entering into any promotional, all participants agree to participate in any publicity arising from any free goods/services, vouchers, etc. We reserve the right to feature any participant's name, photograph, and location for use in any future marketing material without payment or notification.
All goods are supplied subject to availability, in the event we cannot supply you with the goods ordered, we reserve the right to supply equivalent goods of matching quality. In the event the supplied good are not accepted by you, we will be responsible for collection.
19. DATA PROTECTION
19.1 We will use all personal information you provide to us to supply goods, process payments and where agreed by yourself, inform you of similar products/promotions. If you wish to stop receiving marketing communications from us, please contact us to remove your data from the database.
19.2 We may pass information provided by you for credit checks; in some cases, they may keep a record of any search they do.
19.3 We will only give your personal information to third parties where allowed in accordance with the Data Protection Act.
19.4 We do not permit the recording of any telephone calls between you and us without prior consent.
19.5 Certain services on our Site will require registration and will be subject to an approved login name and password. Information that you provide on this Site must be accurate and complete, all password details are accept and may be withdrawn at our sole discretion and are exclusive to you. In the event you have any concerns or become aware of misuse you must inform us immediately.
20.1 These terms are incorporated into the Contract between us at the exclusion of all other terms and conditions and supersede all prior dealings between us in relation to the subject matter of the Contract.
20.2 No variation or amendment of this Contract will be valid unless in writing and signed by you and our authorised representative.
20.3 This Contract will be governed by English law and any dispute arising out of or in any way connected to it shall be subject to the English courts' exclusive jurisdiction.
20.4 We retain all copyright and title to all documentation relating to goods/services provided to you by us. This documentation cannot be used for any other purpose than intended. We reserve the right to request the return of documents at our expense where required for us by us.
20.5 Any material which you contribute to us must not contain:
- Any material which is defamatory of any person or is threatening or is likely to upset, embarrass, alarm, or annoy any other person.
- Promote discrimination based on sex, religion, sexual orientation, or race.
- Infringe any copyright, database right, or trademark.
20.6 You shall comply with all laws, statutes, regulations in relation to anti-bribery and anti-corruption including but not limited to the Bribery Act 2010
20.7 Video/Audio recording of any calls, staff members or any on-site professionals is prohibited without prior written consent from us.
20.8 We expressly dismiss liability for any third-party links and any content within them.
20.9 You must not use any part of the website to knowingly introduce viruses, Trojans, worms, or any other malicious or harmful material. You must not attempt to gain unauthorised access to our Site, the server on which it is stored or any database connected to the Site.
20.10 You may link other pages on the website, providing it is not to cause damage to the reputation of Partbusters or any third party employed by us. You must not suggest any form of association with Partbusters where none exists.