AUTOMOTIVE SPECIALISTS

FASTIDIOUS ABOUT FINE QUALITY AND DETAIL

AUTOMOTIVE SPECIALISTS

performance28 showroom

FASTIDIOUS ABOUT FINE
QUALITY AND DETAIL

TERMS AND CONDITIONS of supply of consumer goods and services (on-premises)

Please read the following important terms carefully. By placing an order with us, you confirm that you agree to these terms, and enter into a legally binding agreement with us. If you do not agree to these terms, do not place any orders with us.

About Performance 28 and our products

We are automotive specialists, selling high value/high specification used sports, performance and prestige cars. We also offer related services including car servicing, repairs, modifications and detailing.

1) WHO WE ARE AND HOW TO CONTACT US

1.1. Who we are. When we say we, us or our, we mean Performance28 Limited, a company registered in England and Wales under company number 11757686. We operate the https://performance28.com/ website (Website). Our registered office is at 7-9 Front Street, Chester Le Street, Co. Durham, England, DH3 3BQ. Our VAT number is 315440434.

1.2. How to contact us. If you wish to contact us for any reason, including because you have any complaints, you think our Products are faulty or misdescribed, or wish to end your contract with us, you can contact us:

  • in person on our premises;
  • using the contact form available on our Website at: https://performance28.com/contact/;
  • by e-mail at info@performance28.com for questions in relation to existing orders, info@performance28.com for enquiries regarding new orders or projects the customer is considering and the services or products we offer; or
  • by post to the address set out in clause 1 (Who we are) above.
 

1.3. How we may contact you. If we have to contact you we will do so by e-mail, phone, text, or post using the contact details you have provided to us.

 

2. ABOUT THESE TERMS

  • What these Terms cover. These are the terms and conditions (Terms) on which we supply our products (Products) to our customers. These Terms cover transactions entered into on our premises.
  • Why you should read these Terms. These Terms set out your legal rights and responsibilities, our legal rights and responsibilities, and certain key information required by law. Please read these Terms carefully and make sure that you understand them before ordering any of our Products. You should retain a copy of these Terms for future reference.
  • Changes to these Terms. We may amend these Terms from time to time, for example, to reflect changes in law or best practice, or to deal with changes we introduce to our Products. Our new terms will become effective on the day of publication. Updated terms will apply to any new orders you may place with us after those new terms become effective, but they will not affect your existing orders

 

3. OUR CONTRACT WITH YOU

  • How we will accept your order. Our acceptance of your order for our Product will take place when we tell you that we are able to provide you with the Product, at which point a legally binding Contract will come into existence between you and us.
  • If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the Product. This might be because the Product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
  • Duration of the contract. Every time you place an order for our Products with us, you enter into a contract with us in respect of that order (Contract). That Contract will continue until your order is delivered to you, unless you end it early in accordance with clause 8 (Your rights to end the Contract), or we end it in accordance with clause 9 (Our rights to end the contract).
  • Changes to the Contract. Any variation agreed between you and us to the terms of the Contract (for example, to the Products, the price of the Products, or time for delivery), will be deemed to be an amendment to the Contract and not a new Contract.

 

4. OUR PRODUCTS

  • About our Products. Our Products may include:
  • the sale of goods (for example, used sports, performance and prestige cars, or vehicle parts, accessories or consumables sold to you separately or as part of the Services) (Goods); and/or
  • the supply of services (Services), including:
  • car servicing (for example, servicing vehicles in line with manufacturer requirements, oil change, filter change, diagnostics, engine cleaning and mechanical repairs);
  • car modifications (for example, upgrading springs and coilovers, body kit transformation, upgrading wheels and tyres, upgrading exhaust systems, and reversing or altering existing modifications); and
  • car detailing (for example, exterior detailing, interior detailing, engine bay cleaning, and ceramic coating).

 

5. PROVIDING OUR PRODUCTS

  • Delivery by collection. Unless otherwise agreed, you will collect the Goods (which we are supplying to you or which are in our possession in order to provide the Services to you) from us at the site from which they were ordered or where we provide the Services during our working hours as displayed on our premises and published on our Website from time to time.
  • When we will provide the Products. At the time of ordering the Products you will be provided with an estimate as to when the Services will be completed and/or when the Goods will be available for collection.
  • We are not responsible for delays outside our control. If our supply of the Products is delayed by an event outside our control, then we will contact you as soon as possible to let you know, and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event. If there is a risk of substantial delay, you may contact us to end the contract and receive a refund for any products you have paid for but not received.
  • Your legal rights if we deliver late. You have legal rights if we fail to make the Goods ready for collection within the agreed time. Nothing in these Terms affects your legal rights. You may also have other rights in law. For detailed information about your rights, visit https://www.citizensadvice.org.uk/ or call Citizens Advice on 03454 04 05 06.

 

  • The Consumer Rights Act 2015 says that:

    ·          If a trader fails to deliver goods within 30 days, or by or within the agreed time or period, then the consumer may treat the contract as at an end if: the trader refused to deliver the goods; or delivery of the goods by or within the agreed time was essential (taking into consideration all the relevant circumstances at the time of entering into the contract; or before the contract was made, the consumer told the trader tat delivery within the agreed time period was essential.

    ·          If the consumer does not have a legal right to terminate (because none of the above applies), the consumer may specify a new period (appropriate in the circumstances) and require the trader to deliver before the end of that period. If the trader fails to deliver within that new period, the consumer may treat the contract as at an end.

If you choose to treat the Contract as at an end for late delivery, we will refund any sums you have paid to us for the cancelled Products. If the Products have been delivered to (including collected by) you, you will have to return them to us or allow us to collect them, and we will pay the costs of this.

5.5. If you fail to take delivery.

If you do not collect or take delivery of the Goods, we may end the contract and/or you may have to compensate us.

If you do not collect the Goods from us as arranged, we will contact you for further instructions and may charge you for storage costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange collection we may end the contract and clause 9.4 (You must compensate us if you break the contract) will apply.

5.6. If we are unable to supply the Product. We may be unable to supply the Product to you if, after you have placed your order with us, the manufacturer of the required Products (for example, vehicle parts or accessories) ceases to make the required model or specification, or if the Product ceases to be available to us from a third party in our supply chain. If that happens, we will contact you to offer you a substitute Product (if available). If you choose to refuse that offer, both you and we will have the right to end the Contract. When the Contract is ended in accordance with this clause, it will end immediately and we will refund to you any sums paid by you for Products not provided, but may deduct from that refund (or charge you) for Products already provided (e.g. Services provided before the cancellation).

 

5.7. When you become responsible for the Goods . The Goods we supply to you will be your responsibility from the time you collect them from us.

 

5.8. When you own the Goods. The ownership of the Goods which you buy from us will pass to you (or your Finance Provider) once we have received payment in full.


 

Please read the following important terms carefully. By placing an order with us, you confirm that you agree to these terms, and enter into a legally binding agreement with us. If you do not agree to these terms, do not place any orders with us.

 

 

About Performance 28 and our products

We are automotive specialists, selling high value/high specification used sports, performance and prestige cars. We also offer related services including car servicing, repairs, modifications and detailing. 

 

  1. WHO WE ARE AND HOW TO CONTACT US
    1. Who we are. When we say we, us or our, we mean Performance28 Limited, a company registered in England and Wales under company number 11757686. We operate the https://performance28.com/ website (Website). Our registered office is at 7-9 Front Street, Chester Le Street, Co. Durham, England, DH3 3BQ. Our VAT number is 315440434.
    2. How to contact us. If you wish to contact us for any reason, including because you have any complaints, you think our Products are faulty or misdescribed, or wish to end your contract with us, you can contact us:
  2. in person on our premises;
  3. using the contact form available on our Website at: https://performance28.com/contact/;
  4. by e-mail at info@performance28.com for questions in relation to existing orders, info@performance28.com for enquiries regarding new orders or projects the customer is considering and the services or products we offer; or
  1. by post to the address set out in clause 1.1 (Who we are) above.
    1. How we may contact you. If we have to contact you we will do so by e-mail, phone, text, or post using the contact details you have provided to us.
  1. ABOUT THESE TERMS
    1. What these Terms cover. These are the terms and conditions (Terms) on which we supply our products (Products) to our customers. These Terms cover transactions entered into on our premises. 
    2. Why you should read these Terms. These Terms set out your legal rights and responsibilities, our legal rights and responsibilities, and certain key information required by law. Please read these Terms carefully and make sure that you understand them before ordering any of our Products.  You should retain a copy of these Terms for future reference.
    3. Changes to these Terms. We may amend these Terms from time to time, for example, to reflect changes in law or best practice, or to deal with changes we introduce to our Products. Our new terms will become effective on the day of publication. Updated terms will apply to any new orders you may place with us after those new terms become effective, but they will not affect your existing orders.
  2. OUR CONTRACT WITH YOU
    1. How we will accept your order. Our acceptance of your order for our Product will take place when we tell you that we are able to provide you with the Product, at which point a legally binding Contract will come into existence between you and us.
    2. If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the Product. This might be because the Product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
    3. Duration of the contract. Every time you place an order for our Products with us, you enter into a contract with us in respect of that order (Contract). That Contract will continue until your order is delivered to you, unless you end it early in accordance with clause 8 (Your rights to end the Contract), or we end it in accordance with clause 9 (Our rights to end the contract).
    4. Changes to the Contract. Any variation agreed between you and us to the terms of the Contract (for example, to the Products, the price of the Products, or time for delivery), will be deemed to be an amendment to the Contract and not a new Contract.
  3. OUR PRODUCTS
    1. About our Products. Our Products may include:
  1. the sale of goods (for example, used sports, performance and prestige cars, or vehicle parts, accessories or consumables sold to you separately or as part of the Services) (Goods); and/or
  2. the supply of services (Services), including:
  1. car servicing (for example, servicing vehicles in line with manufacturer requirements, oil change, filter change, diagnostics, engine cleaning and mechanical repairs);
  2. car modifications (for example, upgrading springs and coilovers, body kit transformation, upgrading wheels and tyres, upgrading exhaust systems, and reversing or altering existing modifications); and
  3. car detailing (for example, exterior detailing, interior detailing, engine bay cleaning, and ceramic coating).
    1. Where to find details of your Product. The details of the Product we are supplying to you will be set out on the order form to which these Terms are attached.
    2. Our Products may vary from their pictures. The images of our Products on our Website our in our brochures are for illustrative purposes only. Your Product may vary from those images.
  1. PROVIDING OUR PRODUCTS
    1. Delivery by collection. Unless otherwise agreed, you will collect the Goods (which we are supplying to you or which are in our possession in order to provide the Services to you) from us at the site from which they were ordered or where we provide the Services during our working hours as displayed on our premises and published on our Website from time to time.
    2. When we will provide the Products. At the time of ordering the Products you will be provided with an estimate as to when the Services will be completed and/or when the Goods will be available for collection. 
    3. We are not responsible for delays outside our control. If our supply of the Products is delayed by an event outside our control, then we will contact you as soon as possible to let you know, and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event. If there is a risk of substantial delay, you may contact us to end the contract and receive a refund for any products you have paid for but not received.
    4. Your legal rights if we deliver late. You have legal rights if we fail to make the Goods ready for collection within the agreed time. Nothing in these Terms affects your legal rights. You may also have other rights in law. For detailed information about your rights, visit https://www.citizensadvice.org.uk/ or call Citizens Advice on 03454 04 05 06.

The Consumer Rights Act 2015 says that:

  • If a trader fails to deliver goods within 30 days, or by or within the agreed time or period, then the consumer may treat the contract as at an end if: the trader refused to deliver the goods; or delivery of the goods by or within the agreed time was essential (taking into consideration all the relevant circumstances at the time of entering into the contract; or before the contract was made, the consumer told the trader tat delivery within the agreed time period was essential.
  • If the consumer does not have a legal right to terminate (because none of the above applies), the consumer may specify a new period (appropriate in the circumstances) and require the trader to deliver before the end of that period. If the trader fails to deliver within that new period, the consumer may treat the contract as at an end.

If you choose to treat the Contract as at an end for late delivery, we will refund any sums you have paid to us for the cancelled Products. If the Products have been delivered to (including collected by) you, you will have to return them to us or allow us to collect them, and we will pay the costs of this.

  1. If you fail to take delivery. 

If you do not collect or take delivery of the Goods, we may end the contract and/or you may have to compensate us.

If you do not collect the Goods from us as arranged, we will contact you for further instructions and may charge you for storage costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange collection we may end the contract and clause 9.4 (You must compensate us if you break the contract) will apply.

  1. If we are unable to supply the Product. We may be unable to supply the Product to you if, after you have placed your order with us, the manufacturer of the required Products (for example, vehicle  parts or accessories) ceases to make the required model or specification, or if the Product ceases to be available to us from a third party in our supply chain. If that happens, we will contact you to offer you a substitute Product (if available). If you choose to refuse that offer, both you and we will have the right to end the Contract. When the Contract is ended in accordance with this clause, it will end immediately and we will refund to you any sums paid by you for Products not provided, but may deduct from that refund (or charge you) for Products already provided (e.g. Services provided before the cancellation).
  2. When you become responsible for the Goods . The Goods we supply to you will be your responsibility from the time you collect them from us.
  3. When you own the Goods. The ownership of the Goods which you buy from us will pass to you (or your Finance Provider) once we have received payment in full.
  4. Anti-money laundering identity checks. We are obliged to identify our customers in accordance with the requirements of legislation covering anti-money laundering and counter-financing of terrorism. This includes the requirement to establish the identity and address of customers purchasing Goods which are vehicles. We may ask you to provide us with any information or documentation which we may reasonably require for that purpose. We may also retain such information and copies of documentation for that purpose and/or make searches of appropriate databases electronically.
  5. What will happen if you do not give required information to us. 

You must provide us with timely and accurate information.

We may need certain information from you so that we can supply the Products to you (for example, as explained in clause 5.9 (Anti-money laundering identity checks) above). You must provide us with accurate and complete information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 9.4 (You must compensate us if you break the contract) will apply), or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

  1. We may suspend supply of the Products if you do not pay. If you do not pay us for the Products when you are supposed to pay for them (see clause 6.3 (When you must pay us for the Products)) and you still do not make payment within seven days of us reminding you that payment is due, we may suspend supply of the Products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Products. We will not suspend the Products where you dispute the unpaid invoice in good faith (see clause 6.8 (What to do if you think an invoice is wrong)). As well as suspending the Products we can also charge you interest on your overdue payments (see clause 6.7 (Payment failures)).
  2. Replaced and exchanged parts. You are agree that, all Goods (which are parts or accessories) replaced during the provision of Services (except those that have to be returned to manufacturers or suppliers under warranty or exchange arrangements) become our property, unless you specifically request their return prior to commencement or work.
  1. PRICE AND PAYMENT
    1. Where to find the price for a Product. The price of our Products is the price set out in the order form to which these Terms are attached, including (where applicable) the cost of road fund licence but exclusive of the cost of accessories, , delivery, car tax and VAT, current at the date of the order. If the rate of amount of car tax or VAT o changes between the date of order and the date of delivery, you must pay the amount current at the date of delivery. However, the price may change in accordance with clauses 6.2 (Estimated prices) or 6.3 below (Changes to the price of Products).
    2. Estimated prices. If the order form states that the price given for the Product is estimated, and the new price exceeds the previous estimate, we will contact you to advise you of that increase and ask for your permission to continue. This may happen, for example, because you order our Services and after dismantling the car it transpires that further work or parts are necessary, or the price we have to pay for the Goods (for example, vehicles, parts, accessories or consumables) increases after we have accepted your order. If you do not give us your permission to continue on the basis of the revised estimate, we will attempt to agree another solution with you (for example, using substitute parts or refraining from carrying out certain works). If we cannot agree a solution with you, both you and us will have the right to end the Contract. When the Contract is ended in accordance with this clause, it will end immediately and we will refund to you any sums paid by you for Products not provided, but may deduct from that refund (or charge you) for Products already provided (e.g. Services provided before the cancellation).
    3. Changes to prices of Products. If the manufacturer, importer or other provider in our supply chain that supplies the Goods (for example, a vehicle, or parts or accessories) to us changes the recommended price after you have ordered the Product from us but before delivery, we will contact you to propose a change to the price of the Product. If the new price is higher than the previous price; or is lower than the previous price but higher than the new recommended price, you will have the right to end the Contract. When the Contract is ended in accordance with this clause, it will end immediately and we will refund to you any sums paid by you for Products not provided, but may deduct from that refund (or charge you) for Products already provided (e.g. Services provided before the cancellation).
    4. When you must pay us for the Products.  We will inform you when the Product you have ordered from us is ready for collection, and you must pay the price for the Product and collect the Product within 7 days of being so informed. Where the price envisages deposit payments, payment in instalments, the price paid for the Product and/or Services shall be paid to the Company in advance, in the instalments as set out in the order form.  
    5. How you must pay us. You must pay us the price for the Product we supply to you either[1]:
  1. in one full payment in clear funds by debit card or credit card; or
  2. in one full payment by cash, but we do not accept payments in cash over £8,000 whether paid as one payment or as several smaller payments amounting to over £8,000 in the same transaction, or within any 3 months’ period; or
  3. if you are buying Goods from us which are a vehicle you may choose to enter into a credit arrangement with a third party finance provider (Finance Provider), who may purchase and pay us for the Goods. Please see clause 6.6 (Finance Providers) for further information. 
    1. Finance Providers. If you may arrange for a Finance Provider, whose identity has been agreed with us in advance, to purchase the Goods from us. 
  4. Your arrangement with the Finance Provider will be governed by the Finance Provider’s terms and conditions (which are not set out in these Terms) and that you will be entering into a separate contract with the Finance Provider. You need to make your own independent judgement about whether to use any Finance Providers to pay for the Products.
  5. The Finance Provider must pay the price for the Product within 7 days of being informed that the Product is ready for delivery. The Goods will be delivered to the order of the Finance Provider and all references to delivery of the Goods must be construed accordingly.
    1. Payment failures. We can charge interest if you pay late. If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
    2. What to do if you think an invoice is wrong. If you believe, in good faith, that our invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
  1. YOUR RIGHTS IF THERE IS A PROBLEM WITH A PRODUCT
    1. Manufacturer warranty. If the Goods which we supply to you are new, we undertake that any pre-delivery work specified by the manufacturer will be carried out and they will be sold with the benefit of the manufacturer’s warranty. The manufacturer’s warranty is provided directly by the manufacturer. It is additional to your legal rights (as summarised in clause 7.3 below).  Remedial work under warranty may be carried out by any dealer in the UK or the EEA authorised directly or indirectly by the manufacturer, who may repair or replace an appropriate part of the Goods, provided you have complied with the terms of the warranty as described in the documentation given to you.
    2. Transferring the manufacturer guarantee. You may transfer the manufacturer warranty at clause 7.1 to a person who has acquired the Goods from you. The manufacturer (or the dealer authorised by the manufacturer to repair or replace the relevant part of the Goods) may require the person to whom the warranty is transferred to provide reasonable evidence that they are now the owner of the Goods.
    3. Your statutory rights. We are under a legal duty to supply products that are in conformity with your contract with us. Nothing in these Terms affects your legal rights. You may also have other rights in law. For detailed information about your rights, visit https://www.citizensadvice.org.uk/ or call Citizens Advice on 03454 04 05 06.

The Consumer Rights Act 2015 says that goods supplied to consumers for a price must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of the goods, your legal rights entitle you to the following:

  • up to 30 days: if your goods are faulty, then you can get an immediate refund;
  • up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases; and
  • up to six years: if your goods do not last a reasonable length of time, you may be entitled to some money back.

 

The Consumer Rights Act 2015 says that the following rights apply to services supplied to consumers for a price:

  • ●         you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it;
  • ●         if you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable; and
  • ●         if you haven’t agreed a time beforehand, it must be carried out within a reasonable time.

 

  1. If there is a problem with the Product. If you have any questions or complaints about the Products, please contact us. If you wish to exercise the above rights, we may ask you to provide evidence that the Products did not meet the legal requirements at the time of delivery.
  2. Your obligation to return rejected Products. If you inform us that you wish to exercise your legal rights to reject the Goods, you must allow us to collect it from you.
  3. Refunds. When you exercise your right to reject a Product and get a refund, and we agree that you are entitled to a refund, we will reimburse the total price you paid for that Product. When you exercise your right to price reduction, we will refund to you the difference between the price you paid for the Product and the reduced price.
  4. Deductions from refunds. Where the Product which is goods is reasonably expected to last more than six months, and you reject that Product after the first six months after delivery, we may reduce the refund amount by a deduction for use, to take account of the use you have had of the goods in the period since they were delivered or collected by you.
  5. How we will make the refund. We will make the reimbursement using the same method of payment 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.
  6. When we will make the refund. We will make the reimbursement without undue delay, and not later than within 14 days beginning with the day on which we agree that you are entitled to a refund.
  1. YOUR RIGHTS TO END THE CONTRACT
    1. Cancellation rights. The statutory cancellation rights, which may apply to products sold to consumers online, by phone or off-premises do not apply do not apply to contracts concluded in-store. These Terms apply to contracts for the supply of our Products concluded on our premises, therefore you do not have a legal right to a refund or replacement just because you change your mind. However you may request, and we may at our sole discretion (but are not obliged) to agree to cancel the Contract at any time after we have accepted your order but before its delivery. When the Contract is ended in accordance with this clause 8.1, it will end immediately and we will refund to you any sums paid by you for Products not provided, but may deduct from that refund (or charge you) for Products already provided or other reasonable costs already incurred by us in connection with the Contract. You may also be able to cancel the Contract in other circumstances as set out in the remainder of this clause 8.
    2. You may end the Contract if we break it. You may end a contract governed by these Terms at any time by contacting us using one of the contact methods set out in clause 1.2 (How to contact us) if we break its terms materially or repeatedly, and, if what we have done can be put right, we fail to put it right after you have notified us of that breach and given us a reasonable opportunity to do so. If you end this contract because we break it, the contract will end immediately, and in certain circumstances you may be entitled to claim compensation from us.
    3. You may treat the Contract as at an end in case of late delivery. For details, please see clause 5.4 (Your legal rights if we deliver late).
    4. You may end the Contract if we are unable to supply the Product. For details, please see clause 5.6 (If we are unable to supply the Product).
    5. You may end the Contract if the costs exceed our estimate. For details, please see clause 6.2 (Estimated prices).
    6. You may end the Contract if we change the price. For details, please see clause 6.3 (Changes to prices of Products).
    7. You may end the contract if what you have bought is faulty or misdescribed. For details, please see clause 7.3 (Your statutory rights).
    8. If our performance is delayed due to an event outside our control. You may end a contract governed by these Terms if our performance is delayed due to an event outside our control, as set out in clause 5.3 (We are not responsible for delays outside our control).
  2. OUR RIGHTS TO END THE CONTRACT
    1. We may end the Contract if we are unable to supply the Product. For details, please see clause 5.6 (If we are unable to supply the Product).
    2. We may end the Contract if the costs exceed our estimate. For details, please see clause 6.2 (Estimated prices).
    3. We may end the Contract if you break it. We may end your contact with us at any time by writing to you if you break its terms materially or repeatedly. If what you have done can be put right, we will let you know and give you a reasonable opportunity to do so. If we end the contract because your break it, it will end immediately, and clause 9.4 (You must compensate us if you break the contract) will apply. Without limiting the generality of the preceding part of this clause, examples of when we can end the contract for breach include the following circumstances:
  1. you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due (see clause 6.4 (When you must pay us for the Products));
  2. you do not, within a reasonable time, allow us to deliver the Products to you or collect them from us (see clause 5.5 (If you fail to take delivery)); or
  3. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products (see clause 5.10 (What will happen if you do not give the required information to us)).
    1. You must compensate us if you break the Contract. If we end a contract with you governed by these Terms because you break it, or if you end the contract where you do not have the right to do so and we are not at fault:
  4. it will not affect our right to receive any money which you owe to us under that contract for Products provided to you; and
  5. we will refund to you any money you have paid in advance for Products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
  1. LIMIT ON OUR RESPONSIBILITY TO YOU
    1. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products (including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us;); or for defective products under the Consumer Protection Act 1987.
    2. Limits to our liability. Subject to clause 10.1 above, we are not legally responsible for:
  1. losses that:
  1. were not foreseeable to you and us when the contract was formed; or
  2. were not caused by any breach on our part;
  1. business losses; and
  2. losses to non-consumers.
  1. YOUR PRIVACY

Our Privacy Notice. Under data protection legislation, we are the data controller of your personal data processed by us and our contractors through our Website and in connection with the provision of our Products. We are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our Privacy Notice [insert as hyperlink]. It is important that you read that information.

  1. OTHER IMPORTANT TERMS
    1. We may transfer this contract to someone else. We may transfer our rights and obligations under a contract entered with you under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms.
    2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing. However, you do not need our agreement to transfer the benefit of any manufacturer guarantee in clause 7.1 (Manufacturer warranty).
    3. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. 
    4. If a court finds part of these Terms illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
    5. Even if we delay in enforcing this contract, we can still enforce it later. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. 
    6. Disputes. 
  1. If you have a complaint. We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the goods, our service to you, or any other matter, please contact us as soon as possible as set out in clause 1.2 (How to contact us)
  2. Alternative dispute resolution. If you and we cannot resolve a dispute using our internal complaint handling procedure, we will let you know that we cannot settle the dispute with you. We will also give you certain information required by law about resolving disputes through alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court.
    1. Which laws apply to this contract and where you may bring legal proceedings. Our Terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts, except that this provision will not have the effect of depriving you of the protection afforded to you by mandatory provisions of the applicable laws regulating the choice of the governing law and/or jurisdiction in consumer contracts. For example, if you live in Scotland, you can bring legal proceedings in respect of contracts governed by these Terms in either the Scottish or the English courts.  If you live in Northern Ireland, you can bring legal proceedings in either the Northern Irish or the English courts.
  1. LIST OF DEFINED TERMS
    1. We have used several defined terms in these Terms in order to make it easier to read, more concise and consistent. Those terms have the same meaning every time they are used anywhere in these Terms. Those defined terms are as follows:
  1. Contract (as defined in clause 3.1 (How we will accept your order));
  2. Finance Provider (as defined in clause 6.5(c) (How you must pay us));
  3. Goods (as defined in clause 4.1 (About our Products));
  4. Products (as defined in clause 2.1 (What these Terms cover) and further described in clause 4.1 (About our Products));
  5. Services (as defined in clause 4.1 (About our Products));
  6. Terms (as defined in clause 2.1 (What these Terms cover));
  7. we, us and our (as defined in clause 1.1 (Who we are)); and
  8. Website (as defined in clause 1.1 (Who we are)).


[1] Do you offer any part-exchange scheme? How does it work?