Terms & Conditions
We are Nuts4Wheels Limited trading as fifteen52 UK of The Wheel House, Marshe End, Lords Meadow Industrial Estate, Crediton, EX17 1DN (referred to as ‘Fifteen52/we/our/us’). Any purchases you make are subject to our terms and conditions below (Terms and Conditions). You should understand that by ordering any of our products, you agree to be bound by these Terms and Conditions. We recommend you print out a copy of these terms and conditions for your future reference.
1.1 We reserve the right to change these Terms and Conditions at any time. Any such changes will take effect when posted on our website, it is your responsibility to read the Terms and Conditions on each occasion you purchase our products and your continued purchase of our products shall signify your acceptance of our latest Terms and Conditions.
1.2 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you purchase our products.
2. Order process
2.1 All orders that you place will be subject to acceptance in accordance with these Terms and Conditions and these Terms and Conditions apply to the exclusion of any other terms that you seek to impose or incorporate or which are implied by trade, custom, practice or course of dealing.
2.2 The order constitutes an offer by you to purchase our product in accordance with these Terms and Conditions.
2.3 The order shall only be deemed to be accepted when we issue a written acceptance of the order, at which point the contract (Contract) shall come into existence.
3. Delivery, Risk and Title
3.1 Your order will be fulfilled by the delivery date set out in the written acceptance, or if a delivery date is not set out, then within 30 days or such timescale agreed by you and us.
3.2 The products will be at your risk from the time of delivery.
3.3 Ownership of the products will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges.
4. Price and Payment
4.1 The price of the products will be as quoted on our website/ebay from time to time, except in cases of obvious error - we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
4.2 All prices include VAT (where applicable) at the applicable current rates but exclude delivery charges, unless expressly stated.
4.3 Payment for all products must be made by credit or debit card. We take payment from your card at the time we receive your order, once we have checked your card details and stock availability. Products are supplied subject to availability. In the event that we are unable to supply the products, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods.
5. Consumer Rights
5.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the products. In this case, you will receive a full refund of the price paid for the products in accordance with our refunds policy (set out below).
5.2 To cancel a Contract, you must inform us in writing. You must also return the product(s) to us immediately, in the same condition in which you received it/them, and at your own cost and risk. You have a legal obligation to take reasonable care of the products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
6. Returns, Cancellations and Substitutions
6.1 When you return a product to us:
a) because you have cancelled the Contract between us within the seven-day cooling-offperiod (see clause 5 above), we will process the refund due to you as soon as possibleand, in any case, within 30 days of the day you have given notice of your cancellation. Inthis case, we will refund the price of the product in full, including the cost of sending theitem to you. However, you will be responsible for the cost of returning the item to us.
b) for any other reason (for instance, because you claim that the product is defective), wewill examine the returned product and will notify you of your refund within a reasonableperiod of time. We will usually process the refund due to you as soon as possible and, inany case, within 30 days of the day we confirmed to you that you were entitled to arefund for the defective product. Products returned by you because of a defect will berefunded in full, including a refund of the delivery charges for sending the item to youand the cost incurred by you in returning the item to us.
6.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
6.3 Sometimes the product specifications from the manufacturer may change, in which case we will do our best to offer you a substitute of the same or better quality at the same price.
7.1 We warrant to you that any product purchased from us is of satisfactory quality and reasonably fit for all the purposes for which products of the same kind are commonly supplied.
7.2 We warrant to the consumer that purchases direct from us that the product (s) are free from defects in materials and workmanship provided they are correctly installed and used in normal driving conditions for one year from the date of purchase.
7.3 The warranty at clause 7.2 is limited to the replacement or repair of the product free of charge (not including any costs in returning the product for inspection) provided that following investigation by the manufacturer the product has been found to be defective.
7.4 The warranties in clauses 7.1 and 7.2 shall not apply if any of the following actions are taken in relation to products provided by us:
a) the product has been modified in any way this includes machining, repainting, powdercoating and retouching;
b) the product has been mishandled or cared for negligently;
c) the product has accessories which were not designed for use with the product.
d) the product has not been regularly cleaned with a suitable product and this led tooxidation or corrosion of the paint finish.
e) the structure of the product or any coating is damaged as a result of a road hazard orheavy impact;
f)t he product is used on a vehicle with a gross vehicle weight which exceeds the product’smaximum load rating requirement;
g) the product has been used beyond normal driving and road conditions (e.g. competitionand motorsports racing).
7.5 For the avoidance of doubt none of the warranties given in this clause 7 shall extend to any person who purchases the products from you.
8. Liability and Indemnity
8.1 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
8.2 This does not include or limit in any way our liability:
a)for death or personal injury caused by our negligence;
b)under section 2(3) of the Consumer Protection Act 1987;
c)for fraud or fraudulent misrepresentation; or
d)for any matter for which it would be illegal for us to exclude, or attempt to exclude, ourliability.
8.3 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:
a)loss of income or revenue;
b)loss of business;
c)loss of profits or contracts; and
provided that this clause 8.3 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 8.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (c) inclusive of this clause 8.3.
8.4 Subject to clause 8.2 above, we will use reasonable endeavours to verify the accuracy of any information on our website but we make no representation or warranties of any kind express or implied, statutory or otherwise regarding the contents or availability of the website or that it will be timely or error-free, that defects will be corrected, or that the website or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website.
8.5 Subject to clause 8.2 above, other than as expressly provided in these Terms and Conditions any indemnities and warranties are hereby excluded to the fullest extent permitted under applicable law.
8.6 We will take all 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.
9. Intellectual Property
9.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of our website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
9.2 You acknowledge and agree that the material and content contained within our website is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of purchasing our products. You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
10. Events outside our control
10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (Force Majeure Event).
10.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
a)strikes, lock-outs or other industrial action;
b)fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
c)impossibility of the use of railways, shipping, aircraft, motor transport or other means ofpublic or private transport;
d)impossibility of the use of public or private telecommunications networks; and/or
e)the acts, decrees, legislation, regulations or restrictions of any government.
10.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
11. Miscellaneous Provisions
11.1 The Contract between us shall be governed by the laws of England and any dispute between us will be resolved exclusively in the courts of England. English is the only language offered for the conclusion of the Contract.
11.2 To provide increased value to our customers, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website, we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for:
a)the privacy practices of such websites;
b)the content of such websites, including (without limitation) any advertising, content,products, goods or other materials or services on or available from such websites orresources; or
c)the use to which others make of these websites or resources, nor for any damage, loss oroffence caused or alleged to be caused by, or in connection with, the use of or relianceon any such advertising, content, products, goods or other materials or services availableon such external websites or resources.
11.3 You may not assign or sub-contract any of your rights or obligations under these Terms and Conditions or any related order for products to any third party unless agreed upon in writing by us.
11.4 We reserve the right to transfer, assign, novae or sub-contract the benefit of the whole or part of any of its rights or obligations under these Terms and Conditions or any related contract to any third party.
11.5 If any of these Terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
11.6 These Terms and Conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the Contracts (Rights of Third Parties) Act 1999) except a person who is a permitted successor or assignee under clause 11.3.
11.7 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 11.9 below.
11.8 Any notice or other communication given to you under or in connection with the Contract shall be in writing, addressed to you at your registered office or your principal place of business or such other address as you may have specified to us in writing in accordance with this clause, and shall be delivered personally, sent by pre-paid first class post, recorded delivery, commercial courier, fax or email.
11.9 Any notices given to us under or in connection with the Contract shall be in writing to Nuts4Wheels Limited of The Wheel House, Marshe End, Lords Meadow Industrial Estate, Crediton, EX17 1DN.
11.10 A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 11.8 or 11.9; if sent by pre-paid first class post or recorded delivery at 9 am on the second day after posting other than if either day falls on a Saturday, Sunday or public holiday when banks in London are not open for business where the communication shall be deemed to have been received on the next working day. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
11.11 These Terms and Conditions and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any Contract.