Terms and Conditions of Contract between Unipart Merchandise Limited and Consumer for the sale of Merchandise from the Website www.LandRoverGear.com
IN PARTICULAR YOUR ATTENTION IS DRAWN TO THE SECTIONS ON OUR LIABILITY TO YOU AND YOUR RIGHT TO CANCEL (SEE BELOW).
If you have any questions about these Terms and Conditions, please contact our customer services department at firstname.lastname@example.org or on +44 1865 383297 before continuing. If you do not wish to accept these Terms and Conditions or if you are unsure as to the meaning of any part of them, please do not order goods from this website.
Please be aware that you may have other rights granted to you by the law of the country in which you live. If those rights and these Terms and Conditions are inconsistent, then these Terms and Conditions will override any other rights which you may have, unless this is not permitted by applicable law. Your legal rights as a consumer are not affected by anything set out in these Terms and Conditions.
We may occasionally update these Terms and Conditions, for example to comply with changes in the law or to take account of new ordering processes or new goods or services we may offer. You should read the latest version of the Terms and Conditions on this website whenever you place an order to ensure you are happy with the Terms and Conditions current at the time you place your order. These Terms and Conditions were last updated on [ ] August 2012.
Who Can Purchase From Us?
How to Order
Pricing and Availability of Goods
Damaged Or Defective Goods
Our Liability to You
Your Right To Cancel
General Information about Return of Goods
Other Information of which you Need to be Aware
We are UNIPART MERCHANDISE LIMITED, a company registered in England and Wales at Companies House. Our registered office is Unipart House, Garsington Road, Cowley, Oxfordshire OX4 2PG and our registered number is 07237778. Our VAT number is 448576309.
We operate the above website through which you may purchase the goods.
For all customer service enquiries please contact us by email at email@example.com or by telephone on +44 1865 383297
Our address for return of goods is Honeybourne Depot, Shinehill Lane, South Littleton, Evesham, Worcestershire, WR11 5TS.
WHO CAN PURCHASE FROM US?
Please note that not all of the Jaguar Cars luxury merchandise range is available in all markets. Please refer to the website for full details of goods availability. We reserve the right to alter and improve items in order to maintain the high quality of our merchandise range.
To purchase from us you must be over 18.
We can ship to certain countries both within and outside the European Union - please see below for the full list of countries to which we can deliver.
To be able to order you will need to register on the website and log in using your unique log-in details supplied as part of the registration process (e.g. username, password). You are responsible for keeping your log-in details confidential. You agree to accept responsibility for all activities which occur in relation to the same. You should never permit other people to use your username or your password.
You should contact us as soon as possible using the details set out in the "Our Details" section above if you believe that anyone has obtained your log-in details without your permission or if you become aware of any other breach of security on this website. We will not be responsible to you if there is unauthorised access to your log-in details or unauthorised activity on this website as a result of your log-in details becoming known by someone else, unless this is due to our own failure to take proper care.
HOW TO ORDER
The Jaguar Cars range of luxury merchandise goods available to you is as displayed on the website from time to time. Please note that the images of the goods on the website are for illustrative purposes only and certain aspects of them (such as colour shades or packaging) may vary slightly from the images as viewed on your computer.
By placing an order for any of the goods available through the website, you agree to be bound by these Terms and Conditions and you also agree that they will form the basis of our contract for the sale and purchase of the goods.
We advise you to keep a copy of these Terms and Conditions and your order details for your future reference. We have tried to make these Terms and Conditions "printer friendly" and recommend that you print them from this website when placing your order.
Once you have completed compiling your order, you will be asked to confirm that it is correct. If it is not correct, you can revisit your order and correct the mistakes before confirming and submitting your order to us. It is your responsibility to ensure that your order is correct before submitting it to us. If you have any problems with your order, please contact our customer services department at firstname.lastname@example.org or on +44 1865 383297.
When you submit your order, you are offering to buy the goods at the price set out in the order.
To make your order, you will be directed to a secure website operated by our provider of on-line payment facilities where you can enter your payment information. Once you have entered your payment information and your payment has been confirmed, you will then be directed to a final confirmation screen on this website displaying the details of your order.
We will acknowledge receipt of your order by email. This is not an acceptance of your order. The contract between us is not formed until we confirm that we have accepted your order or we despatch the goods to you, whichever is the earlier. If you do not receive an order acknowledgement from us then we may not have received your order. Please contact us on +44 1865 383297 or by email at email@example.com if you have not received an acknowledgement of your order within five (5) working days.
If you discover you have made a mistake with your order after you have submitted it to us, please contact us immediately so we can try to correct the mistake before the goods are despatched. We are unable to rectify mistakes after this time, although you still have the right to cancel described below.
PRICING AND AVAILABILITY OF GOODS
The prices on this website are checked regularly to ensure that they are correct. However, if we find the price has changed when we receive your order we will contact you and ask if you wish to proceed. You will not be obliged to do so.
We do our best to ensure that all goods shown on this website are available to order. However, if any goods that you have ordered are out of stock or no longer available we will attempt to contact you to arrange a refund or alternative time for delivery. In addition, if the goods are no longer available we may offer you substituted goods of a similar nature and quality. Again, in this case, we will contact you and ask if you wish to proceed.
If you confirm that you do wish to proceed, please remember that we will still not be under an obligation to supply the goods until we have confirmed that we have accepted your order. If you wish to exercise your right to cancel as set out below in respect of substituted goods, we will pay for the cost of you returning them.
The prices indicated on our website include all taxes, including VAT, which may be payable in respect of the goods unless otherwise stated. However, you may be liable to pay import duties or other taxes and VAT applicable in your own country. Additional delivery charges may also apply in addition to the price for your ordered goods - see the delivery section below.
All payments must be made at the time of placing the order using the payment facilities on this website. We accept payment by all major debit and credit cards.
It is your responsibility to ensure that the payment details you provide are correct and complete. We are not responsible for supplying goods if the details you submit when making your order are incorrect or incomplete.
No payment will be deemed to have been made until we have cleared funds and we will not dispatch the goods until we receive payment in full. If we are unable to accept your order for any reason then we will at our option, either not debit your credit card or refund any money paid by you in respect of that order.
We aim to despatch goods to you within five (5) working days of you placing an order but we cannot give an exact delivery date. In the unusual event that we are unable to despatch your order within thirty (30) days of the date of your order, we will let you know this, and only if you agree we will despatch the item if and when it becomes available.
We also may deliver the goods in several consignments but will not charge any extra delivery for this.
We will arrange for delivery of the goods by Royal Mail or courier service, depending on the goods purchased. Postage and packing will be payable as set out below:
United Kingdom £4.95.
Orders over a value of £30.00 are eligible for free delivery
We currently deliver to:
Please contact us before ordering if you wish to have goods delivered outside the EU as we cannot supply goods to all countries. Overseas orders may incur additional delivery charges. They may also incur import duties and taxes over which we have no control and cannot predict their amount, but for which you will still be responsible. Please be aware that cross border delivery times may be affected by customs inspections.
Delivery will be complete once we have delivered the goods in question to the address you gave us. If no-one is available at your address to take delivery we will leave you a note to this effect in which case please contact us to re-arrange delivery. The goods become your responsibility once delivery has been completed.
If you have not received the goods within thirty (30) calendar days of submitting your order or any other date that we have agreed with you please let us know as soon as possible. You may cancel the order and we will refund any money paid by you in relation to that order if we have not delivered your goods within thirty (30) calendar days.
DAMAGED OR DEFECTIVE GOODS
We will supply goods that will remain free from defects in materials or caused by workmanship for a period of six (6) months (or longer if required by law) from the date of delivery. This does not include any goods that suffer only fair wear and tear, wilful damage, misuse or neglect or damage from your use of them for purposes or in a manner clearly other than those for which they are intended or a manufacturer recommends.
You should inspect the goods when you receive them for defects or damage. If you find that they are already defective or damaged you should tell us as soon as possible by calling on +44 1865 383297or emailing firstname.lastname@example.org and we will arrange for their return, either to us or the manufacturer (at our option), at no cost to you.
If the goods are found to be damaged prior to delivery to you or defective, we will at our option repair or replace the goods or, if neither is possible within a reasonable time, we will refund the price paid by you. If you would prefer a repair or replacement of the goods please contact us and we will accommodate you where this is reasonably practicable.
If we do not refund, repair or replace the goods within a reasonable time, you have an additional right to require us to either reduce the purchase price by an appropriate amount or to rescind/withdraw the contract between us as if the contract was never formed between us in respect of those goods only and to receive a refund. Please note that if you choose to rescind/withdraw the contract then any refund by us may be reduced to take account of the use that you have had of the goods since they were delivered to you.
OUR LIABILITY TO YOU
For further information about your legal rights and how they may be affected by these Terms and Conditions including this section on our liability to you, we advise you to contact your local Citizens Advice Bureau (or equivalent outside the UK).
These terms and conditions do not exclude our liability (if any) to you for:
· personal injury or death resulting from our negligence;
· fraud; or
· any matter which it would be illegal for us to exclude or limit or to attempt to exclude or limit our liability.
We are only liable to you for losses which you suffer as a result of a breach of these Terms and Conditions by us. We are not responsible to you for any losses which you may incur which were not a foreseeable or obvious consequence of us breaching these Terms and Conditions - for example, if you and we could not have anticipated those losses before or when we accept your order or it was not obvious that those losses would result.
We are not responsible to you for losses which you suffer due to any event beyond our reasonable control.
Our liability to you shall not in any circumstances include any business losses that you may incur including but not limited to lost profits or business interruption.
YOUR RIGHT TO CANCEL
If you are a consumer (i.e. you are not purchasing either wholly or in part for your business and you are not a business) you have the legal right to cancel an order during the period set out below and receive a refund from us. This right to cancel is in addition to your right to return defective or damaged goods set out above and your other legal rights. However, it does not apply to orders for personalised or perishable goods, video, audio or software products which have been opened / unsealed by you, or other goods which we have specified as non-returnable.
You may choose to exercise your right to cancel within seven (7) working days, starting on the day after the date when the contract between us is formed (being the date that we confirm that we have accepted your order, or the date that we despatch the goods to you if this is earlier). If you wish to cancel your order, please contact us on +44 1865 383297or at email@example.com your order reference number.
If you choose to cancel, you will be responsible for returning the goods to us and the cost of doing so. However, we will cover the cost of you returning any goods that we have provided as a substitute for goods that you have ordered, above.
If you have not returned the goods within fourteen (14) days of cancellation or when requested by us to do so, whichever occurs first, we can collect the goods from you at your cost.
Details of your right to cancel will also be provided in the delivery note which accompanies the goods.
GENERAL INFORMATION ABOUT RETURN OF GOODS
Please send all returns to us with a covering letter stating your order reference number and accompanied by a copy of the original delivery note.
Whenever you return goods to us, please try as far as possible to ensure that they are unused, unopened and in their original packaging (with any seals intact).
You must take reasonable care of the goods until they are returned to us. We recommend that you return goods by recorded delivery and we advise you to ensure the goods are adequately insured during the return journey.
All refunds will be made by the payment method which you originally used to purchase the goods.
Nothing in these Terms and Conditions affects any other legal rights you may have to reject or return goods, for example where the goods we supply are faulty or not what you ordered.
OTHER INFORMATION OF WHICH YOU NEED TO BE AWARE
We may not necessarily keep a copy of these Terms and Conditions and your order. We advise you to print a copy of them so you can refer to them in the future.
You can download a pdf version of these Terms and Conditions by clicking here.
The contract and all communications between us will be conducted in the English language
Any notices we send to you will be sent to the most recent e-mail address or postal address provided to us by you.
These Terms and Conditions (together with the details of your order) are a contract between you and us. Neither of us intend that these Terms and Conditions will be enforceable by anyone except us and you by virtue of the Contracts (Rights of Third Parties) Act 1999.
Each of the provisions of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining provisions (or part of a provision) will remain in full force and effect.
Nothing in these Terms and Conditions or our contract gives you any rights in respect of our intellectual property (or that of third parties who grant us rights to use their intellectual property) other than the right to proper use and enjoyment of the goods you have purchased from us.
The laws of England apply to these Terms and Conditions and our contract.
If any disputes arise between you and us in relation to these Terms and Conditions and our contract and you want to take court proceedings, you must do so in the courts of England.
Website Terms and Conditions
Information about us
Your access to this website
Our liability to you
Information on this Website
Intellectual Property Rights
Governing Law and Jurisdiction
We are UNIPART MERCHANDISE LIMITED, a company registered in England and Wales at Companies House. Our registered office is Unipart House, Garsington Road, Cowley, Oxford, OX4 2PG and our registered number is 07237778. Our VAT number is 448 5763 09.
You can contact us by email at firstname.lastname@example.org or by telephone on +44 1856 383297.
The website to which these Website Terms and Conditions apply and for which we are responsible is www.landrovergearshop.com.
Your use of this website and our intellectual property rights
We have made this website available to you for your own personal, non-commercial use. We may modify, withdraw or deny access to this website at any time.
This website and all the materials contained in it are protected by intellectual property rights, including copyright, and either belong to us or are licensed to us to use. Materials include, but are not limited to, the design, layout, look, appearance, graphics and documents on the website, as well as other content such as descriptions, articles, stories and other text.
You may not copy, redistribute, republish or otherwise make the materials on this website available to anyone else without our consent in writing.
Our liability to you
These Website Terms and Conditions do not exclude our liability (if any) to you for:
· personal injury or death resulting from our own failure to take proper care;
· any matter for which it would be illegal for us to exclude or to attempt to exclude our liability.
We do not guarantee that this website will be compatible with all or any hardware and software which you may use. We do not guarantee that this website will be available all the time or at any specific time. We reserve the right to withdraw or modify this website at any time.
We are only liable to you for losses which you suffer as a result of a breach of these Website Terms and Conditions by us. We are not responsible to you for any losses which you may incur which were not a foreseeable consequence of us breaching these terms and conditions, for example if you and we could not have contemplated those losses before or when you access this website. Our liability to you shall not in any circumstances include any business losses that you may incur, including but not limited to lost data, lost profits or business interruption.
Information on this website
The information contained on this website is given for general information and interest purposes only. Whilst we try and ensure the information contained on the website is accurate and up to date, we cannot be responsible for any inaccuracies in the information. As a result, you should not rely on this information, and we recommend that you take further advice or seek further guidance before taking any action based on the information contained on this website. Our liability to you as explained above remains unaffected by this.
You may link to this website from another website. If you do wish to link to this website from another website you must comply with the following guidelines:
· links must be to the homepage of the website at www.landrovergearshop.com;
· you may not create a frame or any other border around the website;
· the site from which you wish to link must comply with all relevant laws and regulations and must not contain content which may be considered to be distasteful or offensive; and
· you must not imply that we endorse or are associated with any other website, product or service.
Governing Law and Jurisdiction
The formation, existence, construction, performance, validity and all aspects whatsoever of these terms and conditions or of any term of these terms and conditions will be governed by the laws of England.
The courts of England will have non-exclusive jurisdiction to settle any disputes which may arise out of or in connection with these terms and conditions or use of the website.
What information do we collect?
What do we do with the information we collect?
Who do we share this information with?
How to get copies of or amend the information we have collected
What information do we collect?
In general, you can use this website without giving us any information. However, we may ask you to enter certain information about yourself if you wish to take advantage of additional services.
We may collect the following information:
· your name and address;
· other contact information, including e-mail address;
· your contact and billing information, transaction and credit card information;
· your password and registration details so you can access log-on areas of our website;
· information regarding your personal or professional interests, demographics, experiences with our products and contact preferences in order to provide you with further correspondence about our products.
What do we do with the information we collect?
We use this information to provide you with a better service, and in particular for the following reasons:
· internal record keeping;
· to improve our products;
· to follow up if you have purchased products from our website as part of our customer care procedures;
· to contact you for market research purposes.
We may contact you by e-mail, phone, fax or mail unless you notify us at any time that you do not wish to be contacted by either e-mail, phone, fax or mail.
We would like to provide you with information about new products, promotions, special offers and other information which we think you may find interesting. We may send you such information by e-mail, mail, telephone or fax, unless you notify us at any time that you do not wish to be contacted by either e-mail, phone, fax or mail. When you provide us with information, you will be given the option to let us know that you do not want your information used for direct marketing purposes. If you request this option, we will not send you any direct marketing.
You can change your mind at any time by contacting our data protection compliance officer at email@example.com or on +44 1865 383297.
We would also like to provide you with the information above by email. However, we appreciate that email “spam” has become a problem in recent years.
If you are a customer or you have previously asked us for information on our products, we may send you information on our range of products by email, unless you have asked us not to do so.
If the reason you have given us personal information is to receive email information from us, we will continue to provide this information by email unless you ask us not to do so.
Otherwise, when you provide us with personal information, we will ask you whether or not you are happy for us to send you this kind of information by email.
If you decide at any time that you no longer wish to receive marketing emails from us, please contact our data protection compliance officer at firstname.lastname@example.org or on +44 1865 383297.
Who do we share this information with?
We will not transfer, disclose, sell, distribute or lease your personal information to third parties other than our subsidiaries, parent company or a purchaser or potential purchaser of our business unless we have your permission or are required by law. We may release your personal information to our authorised direct marketing or other agents, such as agents who fulfil all or some of our orders, unless you tell us that you do not wish this to happen.
How to get copies of or amend the information we have collected
You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee for a copy of the information will be payable by you to us. If you would like a copy of the information held on you please write to our Data Protection Compliance Officer at email@example.com.
If you think any information we have about you is incorrect or incomplete, please write or e-mail us. We will correct or update any information as soon as possible.
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect on line. We use encryption when collecting or transferring sensitive data such as credit card information.
Tick Boxes for use where information is collected:
We would like to contact you with information about products [and services] that may be of interest to you. Please let us know below what information you would like to receive. If you change your mind at any time, you can unsubscribe by contacting firstname.lastname@example.org