TERMS AND CONDITIONS OF SALE
1. Agreed Terms
1.1 These Terms and Conditions of Sale (“Conditions of Sale”) apply to orders for goods, including but not limited to spare parts and accessories (“Products”), or for promotional packages for maintenance services (“Services”) to be performed by retailers and/or workshops authorised (“Workshops”) authorised by Fiat Chrysler Automobiles UK Ltd with registered office in 240 Bath Road, SL1 4DX, company registration number: 00201514, VAT Number: 578353209 (“us” or “we” or “our”) sold on this website.
1.2 Orders to purchase Products or Services on this Website can only be made by Consumers, as defined by The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, or individuals acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession (“you”).
1.3 The Website is owned and operated by us.
1.4 These Conditions of Sale constitute the entire agreement between us and you. No other terms are implied by trade, custom, practice or course of dealing or otherwise. You acknowledge that you have not relied on any statement, promise or representation that is not set out in these Conditions of Sale.
1.5 Individuals acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf (“ Traders”) are not eligible to sign-up for an account or to make any purchases. To sign-up and purchase on the site, Traders must register using their specified Business Area accessible from the main menu on the site. Should a Trader make a purchase through this Website, these Conditions of Sale shall not apply and shall be replaced by the terms and conditions of sale.
1.6 You must sign-up and create an account to purchase Products or Services. To sign up for an account, you must provide the required information in the essential fields marked with an asterisk (*).
1.7 To contact us, please see the “Contacts Us” section on the Website.
1.8 Any changes to these Conditions of Sale will be available on the Conditions of Sale section of the Website.
2. Sign-Up
2.1 You acknowledge and accept that orders made on this Website shall be made exclusively for purposes unrelated to trade, business, craft, or profession. You may not purchase Products or Services for commercial or resale purposes. If you purchase Products or Services for any purpose not expressly permitted by this condition 2.1, we reserve the right to withdraw any orders you have placed, whether confirmed or not and we may suspend or revoke your account.
2.2 Your account will be blocked if you are found to be in breach of these Conditions of Sale, or if you are found to have abused the Website.
2.3 We are not responsible for any connection costs or charges for connecting to the Website or contacting us or otherwise.
3. Purchase
3.1 You must sign-up for an account in order to purchase Products or Services.
3.2 To purchase a Product, place or add it into the virtual shopping cart.
3.3 Prices, availability of Products and Product descriptions are an invitation to enter into a contract for purchase of Products, and are subject to change without notice.
3.4 Before clicking “Order”, you will be able to review and amend your Order.
3.5 A contract for the purchase of Product(s) between you and us (“Order”) is formed only when:
3.5.1 you have confirmed your payment, delivery and contact options, including, if different to those associated with the account, personal details and address;
3.5.2 you have confirmed that you have checked the details of your order (including, where applicable, VIN and/or vehicle registration number) and accept the prices for the Products in the quantities stated on the order by clicking “Order”; and
3.5.3 you have received a confirmation email containing the details of your Order.
3.5.3.1 The confirmation email will be sent to the email address associated with your account, as provided by you upon sign-up.
3.5.4 We will electronically file a copy of the Order and the confirmation email, together with these Conditions of Sale. You can obtain a copy by sending us a request through the “Contact Us” section of the Website. All documentation will available in English.
3.6 Products can only be delivered to addresses within the UK excluding Channel Islands, notwithstanding the territory in which the Order is made. The Website is accessible worldwide.
3.7 Please see condition 4 for payment and condition 5 for delivery of these Conditions of Sale.
3.8 You may order a maximum of ten (10) quantities per Product.
3.9 You must indicate your acceptance of these Conditions of Sale by checking the tick box confirming your acceptance.
4. Prices, Costs and Payment
4.1 The price indicated on the Website at the time the Order is made is the price of the Product.
4.2 Prices include packaging, and, where applicable, VAT and indirect costs. VAT cannot be paid separately. Price cannot be paid in instalments.
4.3 Prices do not include shipping and/or delivery charges.
4.4 Any periodic promotions and/or discounts on prices or charges are calculated and deducted before confirmation of the Order and is reflected in the confirmation email.
4.5 Payment must be made at the time of inserting the Order.
4.6 Available methods of payment will be indicated on the Website. If payment is made by credit or debit card, you will be transferred to a protected site in an encrypted format. Your credit card details will be communicated directly to the payment collection operator. We will not have access to credit card information.
4.7 Your electronic receipt and/or invoice will be available on your account section of the Website.
5. Delivery
5.1 We will use our best efforts to deliver Products and Services within 30 days of your Order. Time is not of the essence.
5.2 If we are unable to deliver your Order for any reason, including due to unavailability, we will provide you with written notice and, subject to condition 7 below, will refund any amounts already paid.
5.3 Delivery will be made by the method set out in the Order.
5.4 If the delivery does not include all and only the Products in the Order, please report it to us as set out in condition
5.5 If on delivery the packaging or wrapping of the Order is damaged, you are entitled to refuse acceptance of delivery or to accept delivery with reservations; in each case, you must contact us by email indicating the same.
6. Warranty
6.1 We guarantee for a period of 24 months from the date of delivery that the Products are: free from material and/or design defects; and conform to the descriptions published on the Website (“Warranty”).
6.2 The Warranty shall be rendered void if the Product is used in a manner which does not conform to the guidelines, instructions or warning provided by us or in any documentation, labels or tags accompanying the Product on delivery.
7. Returns, cancellations and refunds
7.1 Save as provided in 7.2 below, you have a right of withdrawal, without penalty, within 14 days starting from the date on which your Order is delivered. You can exercise this right by following the return procedure in 7.6 below.
7.2 Pursuant to the Consumer Contracts (information, Cancellation and Additional Charges) Regulations 2013, if you make a booking with a Workshop to carry out Services you purchased within 14 days starting from the date on which your Order is delivered, you expressly request that the Services are supplied before the end of the cancellation period and you acknowledge that the right to cancel will be lost once the Workshop carries out the Service.
7.3 You must report any defects as soon as possible upon discovery and in any event within any time period prescribed by law by contacting us through the “Contact Us” section of the Website. If you do not contact us and follow the procedure set out in this condition 7, the delivery of your Order and the Products or Services therein will be deemed accepted.
7.4 Upon receipt of the required documentation, we will assess the claim. If, upon assessment, we decide to authorise and accept the return of a Product, we will send you a return authorisation email to the email address associated with your account. Any authorisation for return will in no way constitute recognition or acceptance of a defect; the existence of any defects can only be ascertained by us after the Product has been returned.
7.5 You must return the Product in question within thirty (30) days from the notification of the defect, in accordance with the return instructions contained in 7.6 below.
7.6 To return a Product, go to “My Account” and select “Return” for the relevant Order and fill out the form, in accordance with the instructions, with accompanying documentation, including the confirmation of the Order or the receipt and at least one (1) photograph of the Product. You will receive an email containing instructions for return. You must print out the shipping label and affix it to the Product(s) to be returned via a courier.
7.7 If a refund is applicable, where possible, we will refund the amount to be reimbursed by the same means of payment used by you when purchasing the Product.
7.8 If a refund is applicable, we will make payment within 14 days of the day on which we receive back the Products, or, if earlier, of the day on which you supply evidence of having sent back the Products.
8 Liability
8.1 Save as set out in these Conditions of Sale, we do not give any representations, warranties, conditions or undertakings. Any representation, warranty or condition which might be implied or incorporated into these Conditions of Sale by statute, common law or otherwise is excluded to the fullest extent permitted by law.
8.2 Nothing in these Conditions of Sale limits or excludes our liability for death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; breach of the terms implied terms about title; or any other liability that cannot be limited or excluded by law.
8.3 Save as set out in these Conditions of Sale, we will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the purchase for any direct, indirect or consequential loss.
8.4 We will not be liable or responsible for any failure or delay in performance of, any of our obligations that is caused by any act or event beyond our reasonable control. In such case, we will contact you as soon as reasonably possible to notify you.
9 Data Protection
9.1 Your data will be held in accordance with data protection laws and in accordance with our Privacy Policy found at the bottom of the page. The administration of your order is a requested service as specified in the privacy notice. In order to administer your order, we will require certain essential information including name, address and contact details.
9.2 You declare and guarantee that the personal data you have provided at all stages are complete and accurate.
9.3 You may update your personal information at any time in the “My Account” section.
10 General
10.1 Assignment: We may assign or transfer our rights and obligations to another entity and will notify you if this happens. You may not assign or transfer your rights or obligations.
10.2 Variation: No variation is effective unless it is in writing and signed by you and us.
10.3 Waiver: A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay to exercise any right or remedy shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.
10.4 Severance: If one or more of these Conditions of Sale is found to be unlawful or unenforceable, the remaining Conditions of Sale shall be deemed severed and will remain in full force and effect.
10.5 Intellectual Property Rights: All trademarks, names, distinctive signs, images, photographs, written text or graphics used on the Website or relating to the Products are, and remain, our exclusive property and/or the property of our assignees. The contents of the Website may not be reproduced, transferred, modified or used, in whole or in part, for any purpose without our prior written consent.
10.6 Jurisdiction: These Conditions of Sale, and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction.