2.0: Interpretation
- “Business Day” means a day other than a Saturday, Sunday, or public holiday in England.
- “Contract” means the legally binding agreement between us and you for the sale and purchase of the Goods, formed when we accept your order in accordance with clause 3.4.
- “Goods” means the products offered for sale on our Website.
- “Order” means an order placed by you for the purchase of Goods from our Website.
- “Website” means our website at www.partsforastons.com.
3.0: Ordering Process
3.1: Product Information
We take reasonable care to ensure that all details, descriptions, and prices of Goods appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. Images of Goods are for illustrative purposes only and may vary slightly from the actual Goods.
3.2: Placing An Order
To place an Order, you must follow the online ordering process on our Website. By placing an Order, you are making an offer to us to purchase the Goods selected in your Order.
3.3: Order Acknowledgement
After placing an Order, you will receive an automated email acknowledging that we have received your Order. This email is an acknowledgement of your Order and does not constitute acceptance of your offer.
3.4: Order Acceptance
A Contract between us and you will only be formed when we despatch the Goods to you. We will confirm the despatch of the Goods by sending you a despatch confirmation email. We reserve the right to decline your Order for any reason, including but not limited to:
- The Goods being unavailable.
- We are unable to authorise your payment.
- There has been a pricing or product description error.
- You do not meet the eligibility to order criteria set out in these Terms.
If we decline your Order, we will inform you of this by email and will not process your payment or will arrange for a full refund if payment has already been taken.
3.5: Order Cancellation by You
Subject to your rights under clause 8, you may be able to cancel your Order before it is despatched. To check if cancellation is possible, please contact us as soon as possible via sales@partsforastons.com. If your Order has already been despatched, you will need to follow our returns procedure as set out in clause 9.
4.0: Price and Payment
4.1: Prices
The price of the Goods will be as displayed on the Website at the time you place your Order. All prices are stated in British Pounds Sterling (£) and are inclusive of Value Added Tax (VAT) at the prevailing rate, unless otherwise stated. Delivery charges are not included in the price of the Goods and will be added to the total amount due. You will be informed of the delivery charges applicable to your Order during the checkout process and before you confirm your Order.
4.2: Payment
Payment for the Goods and delivery charges must be made using the payment methods indicated on our Website. By placing an Order, you authorise us to charge the payment method you have provided for the total amount of your Order (including the price of the Goods and any applicable delivery charges).
4.3: Payment Security
We take reasonable precautions to keep the details of your Order and payment secure, but unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
4.4: Price Errors
While we take reasonable care to ensure that the prices displayed on the Website are correct, it is always possible that some of the Goods listed on our Website may be incorrectly priced. If we discover an error in the price of the Goods you have ordered, we will contact you as soon as possible to inform you of the error and give you the option of continuing to purchase the Goods at the correct price or cancelling your Order. We will not process your Order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the Order as cancelled and notify you by email. 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 terminate the Contract, refund you any sums you have paid and require the return of the Goods.
5.0: Delivery
5.1: Delivery Areas
We currently offer standard delivery to addresses within the United Kingdom, focussing initially on UK Mainland (excluding offshore and outlying areas). If a: your address falls within outlying or offshore areas; and b: we receive additional shipping fees from our panel of couriers; and c: we have not already catered for excess fees, we may contact you to cover any additional fees.
International shipping is provided on a bespoke case-by-case basis.
5.2: Delivery Charges and Times
Delivery charges and estimated delivery times will be as specified on our Website at the time you place your Order. Delivery times are estimates only and are calculated from the date of despatch. We will use reasonable endeavours to deliver the Goods within the estimated timescales; however, delays are occasionally inevitable due to unforeseen factors. We shall not be liable for any delay in delivery caused by circumstances beyond our reasonable control.
5.3: Delivery
Delivery of the Goods will be made to the address specified by you in the Order. You are responsible for ensuring that someone is available at the delivery address to accept delivery of the Goods. If no one is available at your address to take delivery, the carrier may leave a delivery note giving you instructions on how to rearrange delivery or collect the Goods from a local depot.
5.4: Passing of Risk and Ownership
The risk of loss or damage to the Goods will pass to you upon delivery. Ownership of the Goods will pass to you when we have received full payment of all sums due in respect of the Goods, including delivery charges. In the event a package appears damaged upon receipt, the first action should be to refuse delivery and notify us in writing with pictures (if possible). Failing that, full photographic evidence must be provided by email to enable us to process a claim with any courier. We will adhere to any claims process and be governed by their respective compensation claims process.
6.0: Warranty and Liability
6.1: Statutory Rights
As a consumer, you have certain statutory rights regarding faulty or misdescribed goods. These Terms do not affect your statutory rights.
6.2: Warranty
We warrant that the Goods will be of satisfactory quality and reasonably fit for the purpose for which they are intended. This warranty is in addition to your statutory rights. Specific warranties may apply to certain Goods, as detailed in the product descriptions on our Website.
6.3: Limitation of Liability
To the fullest extent permitted by law, 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 total price of the Goods purchased by you and any applicable delivery charges.
We will not be liable for any indirect, consequential, or economic loss, damage, or expenses (including loss of profits, loss of business, loss of goodwill, or loss of anticipated savings) arising out of or in connection with the Goods or your use of the Website.
Nothing in these Terms shall exclude or limit our liability for:
- Death or personal injury caused by our negligence.
- Fraud or fraudulent misrepresentation.
- Any breach of the terms implied by section 12 of the Sale of Goods Act 1979.
- Defective products under the Consumer Protection Act 1987.
- Any other liability that cannot be excluded or limited under applicable law.
7.0: Intellectual Property
8.0: Your Right to Cancel (Consumer Contracts Regulations 2013)
8.1: Right to Cancel
Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have the right to cancel your Contract within 14 days from the day after you receive the Goods without giving any reason.
8.2: How to Cancel
To exercise your right to cancel, you must inform us of your decision to cancel the Contract by a clear statement (e.g., a letter sent by post, or email).
You can send your cancellation notice to:
- Parts For Astons Ltd, 2C Quarryfields Industrial Estate, Mere, Warminster BA12 6LA
- Email: sales@partsforastons.com
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.
8.3: Effects of Cancellation
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).
We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you.
We will make the reimbursement without undue delay, and not later than:
- 14 days after the day we receive 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.
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.
8.4: Return of Goods After Cancellation
If you have received the Goods, you must send them back to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of the Contract to us. The deadline is met if you send back the Goods before the period of 14 days has expired.
You will have to bear the direct cost of returning the Goods to us.
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.
8.5: Exceptions to the Right to Cancel
The right to cancel does not apply to certain types of contracts, including but not limited to:
- The supply of Goods made to your specifications or clearly personalised.
- The supply of Goods which are liable to deteriorate or expire rapidly.
- The supply of sealed Goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
- The supply of digital content which is not supplied on a tangible medium if the performance has begun with your prior express consent and your acknowledgment that you thereby lose your right of cancellation.
9.0: Returns and Refunds
9.1: Faulty or Misdescribed Goods
If the Goods you receive are faulty or misdescribed, you have a legal right to return them and receive a full refund or replacement. Please notify us as soon as possible after discovering the fault or misdescription, providing details of the issue and, where possible, photographic evidence. We will provide you with instructions on how to return the Goods.
If the Goods are found to be faulty or misdescribed, we will refund the price of the Goods in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the Goods to us.
9.2: Returns Under Right to Cancel
If you are exercising your right to cancel under clause 8, you must return the Goods to us in accordance with clause 8.4. We will process your refund in accordance with clause 8.3.
9.3: Return Conditions
When returning Goods, whether under your right to cancel or because they are faulty or misdescribed, please ensure that they are returned in their original packaging, if possible, and with all accessories and documentation. You have a legal obligation to take reasonable care of the Goods while they are in your possession.
9.4: Refund Process
We will process any refunds due to you as soon as reasonably possible and, in any event, within the timescales set out in these Terms or as otherwise required by law. Refunds will be made using the same payment method you used for the original transaction, unless we have expressly agreed otherwise.
10.0: Data Protection
11.0: Governing Law and Jurisdiction
12.0: Alternative Dispute Resolution
13.0: General
13.1: Entire Agreement
These Terms and any document expressly referred to in them constitute the entire agreement between us and you and supersede all prior discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
13.2: Waiver
No failure or delay by us or you in exercising any right or remedy under these Terms or any Contract shall operate as a waiver of such right or remedy, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of that or any other right or remedy.
13.3: Severability
If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms.
13.4: Third Party Rights
A person who is not a party to these Terms shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms.
13.5: Amendments
We reserve the right to amend these Terms from time to time without prior notice. The Terms applicable to your Order will be those in force at the time you place your Order. It is your responsibility to review these Terms each time you place an Order to ensure that you understand the terms that apply at that time.
13.6: Model Cancellation Data
Here is an example of data required only if you wish to withdraw from the contract.
To: Parts For Astons Ltd
- Post To: Parts For Astons Ltd, 2C Quarryfields Industrial Estate, Mere, Warminster BA12 6LA
- Email: sales@partsforastons.com
I/We [*] hereby give notice that I/We [*] withdraw from my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
[*] Delete as appropriate