Terms & Conditions
- "Seller", "We", "Us" means audleymotors.co.uk or Audley Motor Accessories.
- "Customer", "Buyer" , "You" means any person, business, partnership or company who buys or agrees to buy the goods from the seller.
- "Products" , "Goods", "Items" means any item supplied by the seller to the customer following a contract having been entered into between the seller and the customer.
- "Conditions" means the terms and conditions of sale set out in this document.
- "Delivery date" means the date specified by the Seller when the Products are to be delivered.
- "Delivery address" means the delivery address as supplied by the customer and advised to the seller at the time an order is placed by the customer. The seller will only deliver to and enter into a contract with a customer where the address in the mainland UK.
- "Price" means the price for the Products advertised on this website.
- "Regulations" refers to The Consumer Protection (Distant Selling regulations 2000).
- "Tailored" , "Special Order" means a product that is non-standard.
- "Contract" refers to any contract between the Buyer and "Us" for the sale and purchase of items incorporating these conditions, whether completed electronically through this website or via other means.
- "Order" refers to your offer, as the Customer, to purchase Products that you place with BedsandSofasDirect.co.uk, whether electronically or via other means.
- "Our literature" mean any document (whether in print or electronically produced) as prepared by Us, and including, but not limited to, catalogues, pricelists, and brochures.
- These terms and conditions apply to the purchase of any goods from us. By accessing our website and/or placing an order you agree to be bound by all of the terms, conditions and policies set out below or within the website. Nothing in these terms and conditions shall affect the statutory rights of a consumer.
- Please read these terms and conditions carefully before placing your order with Beds and Sofas Direct .We may amend or remove these terms and conditions at our discretion and therefore it is important to read these each time you make a purchase.
- Neither party shall be held liable for any delays or failure to perform any of its obligations if the delay or failure results from events or circumstances caused outside of their reasonable control, including but not limited to strikes, lock outs, accidents, war, fire,natural disasters at the Seller's premises and/or its suppliers, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, import or export regulations or embargoes (including the failure of the Seller's suppliers to obtain any necessary export permits licences or other authorisations) and the party shall be entitled to a reasonable extension of its obligations.
- Any notice required or permitted to be given by either party to the other under the conditions shall be in writing and in the case of notices to the Seller, addressed to the Seller at its address or in the case of notices to the Buyer, at the Buyer's address as provided to the Seller.
- Failure or delay by the Seller in enforcing any provision of the Contract will not be construed as a waiver of any of its rights under the Contract.
- The seller reserves the right to amend any price for any product at any time, including at the time of order at the companies discretion and without being responsible for any form of loss.
- The seller reserves the right to withdraw any of the goods for sale at any point (whether be it before or after the contract) at the companies discretion and without being responsible for any form of loss.
- The company reserves the right to amend the contract accordingly.
- Whilst We shall endeavour to ensure that the details on the website or in Our literature are accurate, at all times, all drawings, specifications, photographs, colours, weights, and information detailed in our literature or the website or elsewhere relating to the goods are approximate only and do not form part of the contract. The company shall not be held responsible. Images are for illustration purposes only.
- You are entirely responsible for any and all activities that occur under your Account which is provided to you by MicksGarage. You agree to notify us immediately of any unauthorised use or any other breach of security.
- Prices quoted by us may differ between those in the retail store in Blackburn.
- Images are for illustration purposes only and the actual product packaging or container may vary.
- All warranty claims will be dealt with on an individual basis.
- All claims must satisfy the manufacturer's warranty conditions.
- The above warranty is given subject to us having no liability in respect of any defect arising from wear and tear, wilful damage, negligence, tampering of the Goods, incorrect fitting of the Goods by you and/or a third party, abnormal working conditions, failure to follow our and/or the Goods’ manufacturers’ instructions (whether oral or in writing), misuse or alteration or repair of the Goods without our approval.
Ownership / Risks
- The risk in the goods shall pass to the customer upon delivery.
- The seller retains title and ownership of the goods until the price and all other sums outstanding and owing by the customer to the company are paid in full, regardless if delivery has taken place.
- A contract shall exist when an order has been placed by the customer via the website of the company and payment of the price has been made in full. The seller will not enter into any contract where delivery of the goods is to premises outside England, Scotland or Wales.
- The customer may not cancel a contract unless the company agrees this in writing and then only upon the terms that the customer shall indemnify the company in full against all costs, claims, actions, damages, charges and expenses incurred by the company as a direct or indirect result of the cancellation.
- The seller will deliver the goods to the customer within 5 working days of the order being created.
- Delivery charges are non-refundable, once it has been arranged with the courier.
- We make every effort to deliver goods within the estimated timescale, however delays may occur due to unforeseen factors beyond our control and all goods and products are subject to stock availability.
- We shall not be held liable for any delay or failure to deliver the products within estimated timescales.
- All dates quoted or provided by the company for the delivery are approximate only and although the company shall try our utmost best to supply the goods, if delivery is delayed by more than 21 days you have the right to cancel the order in writing.
- You have the right to cancel an order in writing within 7 days of receiving your goods.
- Any postage and packaging costs incurred for returning items must be met by the customer.
- Returning items that were incorrectly ordered may be subject to a 10% restocking fee that will be deducted from your refund.
- You may not return items that have been opened, consumed, used, no longer in their original saleable condition, opened blister packs, sensitive electronics or engine parts that been opened and used.
- You may not return items after 7 days of receiving your goods.
- In consideration of the supply of goods by the company to the customer the customer shall pay the company the price.
- Payment for the goods shall be due from the customer in full at the time of order. A contract shall only exist when payment has been made in full.
- The customer shall reimburse the company all costs and expenses (including, but not limited to, legal costs) incurred in the collection of any overdue amount.
Limitations of Liability
- Our total liability in regard to the performance of this contract shall be limited to the value of the Goods.
- We shall not be liable for any direct, indirect or consequential losses, costs or expenses incurred or any consequential compensation arising out of the performance/or non performance of this contract.
- Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation or any other liability which may not otherwise be limited or excluded under applicable law.
- All contracts shall be governed by the relevant UK law.
- Any order placed by the Buyer and accepted by Us is subject to these terms and conditions unless specified in writing by a Director of Our Company.
- A confirmation of your order will be sent automatically by e-mail, unless you are notified to the contrary within 48 hours of this confirmation, the order will be deemed to be accepted by Us.
- We retain the right to refuse any order that is subject to an error on the website and will in these circumstances reimburse the Buyer in full.
- We retain the right to investigate any order placed on this website or by phone if we suspect it to be fraudulent. Any such order will not be delivered until it is proven that the order is bona fide. Should We be unable to prove that an order is bona fide or to contact the Buyer then the monies will be refunded to the original payment card used and the order will be cancelled.
- For your protection, to ensure that your credit, debit or charge card is not being used fraudulently, we will validate your name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information.
- A credit check is not performed and your credit rating will not be affected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
Entire Agreement Clause
- The customer confirms that they have not relied upon any warranty, representation, or undertaking of or on behalf of the company by any of its employees or agents (whether written or oral) in respect of the goods and the company shall have no liability in respect thereof.
- The customer further confirms and acknowledges that it is the sole responsibility of the customer alone to ensure that the goods ordered from the company under the contract shall be appropriate for the customer's requirements.
- These terms and conditions represent the entire agreement between the company and the customer.