TERMS AND CONDITIONS
This Terms and Conditions Agreement (hereinafter the “Terms and Conditions” or this “Agreement”) is entered into between A1 Autozone Limited (hereinafter the “Supplier” or “us” or “we,” or “our”) having its principal office located at 48 Westrow Drive, Barking, England, IG11 9BJ, and you (the “Customer” or “You”). The Supplier and the Customer are individually referred to as “Party” and collectively as the “Parties”).
- FORMAT OF THE CONTRACT
1.1 These Terms and Conditions apply to all goods supplied by the Supplier in accordance with the terms set forth in this Agreement.
1.2 Upon placing an order for the goods on https://a1autozone.co.uk (the “ Website”), the Customer will fill out the delivery and payment details such as full name/company name, email address, contact number, delivery address and credit/debit card details. Once the details are received and the payment is processed through Stripe Online Payments (the “Payment Processor”) on the Website the order will then be shipped by the Supplier or us, provided that the payment is processed, and the order is accepted by us (which we may do at our discretion).
1.3 We may send you an order acknowledgement shortly after you place your order, notifying you that we have received your order. This acknowledgement is not a notification that we have accepted your order.
1.4 If we accept your order, we will notify you by email that we have accepted it prior to dispatch the goods. If we cannot accept your order (for example (but without limitation) because the goods are found to be unavailable), we will notify you by telephone or email. We take no responsibility for incorrectly entered email addresses or telephone numbers.
1.5 In the event that, after we accept your order, we discover that the goods ordered are unavailable or that there was a pricing error at our end in respect of the goods ordered, we reserve the right not to supply the goods ordered and to offer you a refund or alternative goods in accordance with clause 9.
1.6 This Agreement is subject to your right of cancellation (see clause 7 below).
1.7 We have the right to terminate the contract if the price of the goods is not received from you within the specified due date.
1.8 The Supplier may change these terms of conditions without notice to you in relation to future sales.
- DESCRIPTION AND PRICE OF THE GOODS
2.1 The description and price of the goods you order will be listed on the order invoice or on the receipt provided to you when you place your order.
2.2 All prices are quoted in pounds sterling (£).
2.3 All prices are subject to change without notice.
2.4 All prices are exclusive of postage and packing unless otherwise stated.
2.5 If after acceptance of your order we discover within fourteen (14) days of such acceptance that all of the goods are unavailable, we may terminate the contract and refund or re-credit you within seven (7) working days for any sum that has been paid by you or debited from your credit card for those goods. In these circumstances, we will inform you as soon as possible.
2.6 If, within seven (7) days of our acceptance of your order, we discover that some but not all of the goods are unavailable, we will no longer supply those unavailable goods. In these circumstances, we will contact you detailing the unavailable goods and offer you the option of receiving a refund of the product which is unavailable. If you have not cancelled the order within ten (10) days of receipt of such notice, we will deliver the available goods in accordance with clause 4 below. We will refund or re-credit you for any sum that has been paid by you through your chosen payment method in respect of the unavailable goods or cancelled order (if you have cancelled it).
2.7 Every effort is made to ensure that prices shown on the Supplier’s Website and store are accurate at the time you place your order. If within fourteen (14) days of accepting your order a pricing error is found in respect of any or all of the goods you have ordered, we will notify you as soon as possible detailing the mis-priced goods and offering you the option of:
(a) placing a new order at the correct price for those goods;
(b) cancelling the whole of your order; or
(c) cancelling your order for the mis-priced goods and reconfirming your order for the correctly priced goods.
2.8 If, within fourteen (14) days of receipt of our notice to you, you have not responded by selecting one of the available options, then:
(a) if all of the goods you have ordered are found to be mis-priced, the entire order will be cancelled automatically, and the Supplier will refund or re-credit you for any sum you have paid for those goods; or
(b) if only some of the goods you have ordered are found to be mis-priced, our contract with you continues, and we will deliver the correctly priced goods, but we will not be obliged to supply you with the mis-priced goods. In these circumstances, we will refund or re-credit you for any sum you have paid for the mis-priced goods.
2.9 To avoid any doubt, where goods are unavailable, and you order alternative goods from us, or where goods have been mis-priced. You subsequently order such goods at the correct price, these terms of sale shall apply to the order and the supply of the relevant goods, whether the order is placed through our Website or otherwise.
- PRICE & PAYMENT
3.1 The price of the goods and delivery shall be stated in the order invoice on the Website and, unless otherwise stated, shall be inclusive of taxes, levies, duties, and charges for packaging, shipping, carriage, and delivery. Unless otherwise stated in the order invoice, the Customer shall pay all invoiced amounts due to the Supplier within three (3) days after the receipt of such order invoice,
3.2 The Supplier shall dispatch the goods once the invoiced amount has been received by the Supplier within the period specified in Section 3.1 of this Agreement.
- DELIVERY
4.1 The goods you order will be delivered to the address you provide when you place your order, except that some deliveries are not made outside the United Kingdom.
4.2 Orders placed before 4.00 pm on a working day (the “Cutoff Time”) will be processed the same day and will be delivered via the method stated on the Website. All orders received after the Cutoff Time will be processed and dispatched on the next working day. (A working day is any day other than weekends and Bank or other Public Holidays.)
4.3 If delivery cannot be made to your address for reasons under the Supplier’s control, the Supplier will inform you as soon as possible.
4.4 If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under control of the Supplier), then without prejudice to any other right or remedy available to the Supplier, the Supplier may:
- store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or
(b) sell the goods at best readily obtainable price and either (a), where you have not already paid for the goods in question, account to you (after deducting all reasonable storage and selling expenses) for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods or (b), where you have already paid for the goods in question, account to you (after deducting all reasonable storage and selling expenses) for any proceeds received.
4.5 Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, the Supplier will not be liable for any loss or damage suffered by you through a reasonable or unavoidable delay in delivery. In this case, the Supplier will inform you of any delay as soon as possible and will give you the option of cancelling your order at this point.
4.6 Upon receipt of your order, you may be asked to sign for the goods received in good condition. If the package does not appear to be in good condition, then please refuse the delivery. If you cannot check your delivery contents at the point of delivery, please sign for the parcel as “UNCHECKED.” Failure to do so may affect any warranty claims that you make thereafter. Delivery claim must be made within three working days of the receipt of the initial delivery
4.7 Reporting non-delivered goods; some goods have proof of postage showing the date they were sent. Claims for non-delivery of goods may take 30 days to verify and claim against the post office. If there is no proof of postage showing date, the Supplier may, at his discretion, issue you with a replacement or full refund.
- RISK/TITLE
5.1 The goods are at your risk from the time of delivery.
5.2 Ownership of the goods shall not pass to you until the Supplier has received the full sum.
5.3 The Supplier shall be entitled to recover payment for the goods even though ownership of any of the goods has not passed from the Supplier.
- YOUR RIGHT OF CANCELLATION
6.1 Cancellations are only accepted if the Customer complies with the following cancellation procedure. Cancellation can be done before and after dispatch. If the order has been dispatched prior to the cancellation, the return procedure as defined in clause 9 will apply. If the procedure is not respected, the order will be considered valid, and the Customer will remain liable for the full payment.
6.2 You have the right to cancel the contract at any time up to 10 days after you receive the goods.
6.2 To exercise your right of cancellation, you must give written notice by hand, post, or email to the Supplier’s Customer Service. The email address for the Supplier’s Customer Service is [email protected]Your email should include your details, details of the goods ordered, and (where appropriate) their delivery.
6.3 Except in the case of faulty or misdescribed goods, if you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to the Supplier at your own cost. The goods must be returned to the address shown on the contact page of the Supplier’s store. You must take reasonable care to ensure the goods are not damaged in the meantime or transit. In the case of faulty or misdescribed goods, the Supplier shall, after receiving notification, will either collect the goods from you or ask you to return the goods to the Supplier in accordance with the Supplier’s Returns procedure.
6.4 Once you have notified the Supplier that you are cancelling the contract, the Supplier will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods.
6.5 Except in the case of faulty or misdescribed goods, if you do not return the goods as required, the Supplier may charge you a sum not exceeding the direct costs of recovering the goods.
6.6 You do not have the right to cancel or refund goods that, by their nature, are perishable, personal, sold with a hygiene seal where that seal has been used. Goods cannot be returned where a fault is discovered, which could not have been discovered otherwise than by unsealing or using the goods. These goods include, but are not limited to, facemasks, face shields, personal protection equipment for the reasons of health and safety.
- WARRANTY
7.1 Certain goods supplied by the Supplier are warranted free from defects for 6-12 months from the date of supply (unless otherwise stated. This warranty does not affect your statutory rights as a consumer. If new goods develop a defect during the 6-12 month warranty period, you should follow the Supplier’s Returns procedure. Provided that the good returned is covered under section 7 of this Agreement
In the event of a valid claim for a defect in the new goods, the Supplier will (at its option) either:
(a) repair or replace those goods, if the Supplier has the same available goods at the same price;
(b) refund or re-credit you the sum you have paid for the relevant goods within 30 days of the date that the relevant goods are returned in accordance with the Supplier’s Returns procedure.
7.2 The warranties in conditions 7.1 above do not apply to any defect in the goods arising from fair wear and tear wilful damage, accident, negligence by you or any third party, use otherwise than in accordance with its intended use, failure to follow the manufacturers or Supplier’s instructions, or any alteration carried out without the Suppliers prior written approval.
7.3 If the goods supplied to you are damaged in transit, you should notify the Supplier in writing or via email within 3working days of receipt of the goods (please note that this is 48 hours for our business customers) and return the goods to us in accordance with our returns policy. Once we have verified the fault, we will issue you with (at your discretion) a replacement or full refund via your original payment method and reimburse your reasonable return carriage costs. This does not affect your rights under clauses 7.1 and 7.4.
7.4 If the goods supplied to you are faulty or incomplete on arrival (whether or not they were damaged in transit), you must notify us within 28 calendar days (please note that for our business customers, this is 14 calendar days) of receipt of the goods and return the goods to us in accordance with our returns policy. Once we have verified the fault, we will issue you with (at your discretion) a replacement or full refund via your original payment method and reimburse your reasonable return carriage costs.
7.5 If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify the Supplier in writing, as soon as possible, but in any event, within 14 days of the date, you discovered or ought to have discovered the damage, defect, or complaint.
- LIMITATION OF LIABILITY
8.1 If you are a consumer, the Supplier shall not be liable to you for any loss or damage in circumstances where:
(a) there is no breach of a legal duty owed to you by the Supplier or by its
employees, agents, directors, officers, affiliates, agents, contractors, interns, suppliers, service providers, or licensors;
- such loss or damage is not a reasonably foreseeable result of any such breach;
- any loss arising from your use of the service or any product including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind, as a result of using the service or any product;
(d) there are viruses and/or other codes that have contaminating or destructive properties.
(e) any increase in loss or damage resulting from breach by you of any term of this contract.
8.2 Nothing in these conditions excludes or limits the liability of the Supplier for death or personal injury caused by the Supplier’s negligence or fraudulent misrepresentation.
8.3 Moreover, the Website may contain links that may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy for any third-party materials or websites and are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
- DISCLAIMER OF WARRANTIES
9.1 We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time, we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
- RETURN PROCEDURE
10.1 If the goods are to be rejected in the time limit set in clause 6 above, the Customer shall comply with the return procedure as defined in clause 9.2, below.
10.2 The Customer must return the goods and clearly quote the order number on the returned package. The goods must be returned within ten days. The Customer agrees to use tracked postage for the return of goods to the Supplier.
10.3 In cases where the rejection of the goods is due to a defect or discrepancy in the order, the Customer is entitled to a full refund or replacement. The faulty or damaged product must be returned to the Supplier before the refund or replacement can be issued.
10.4 In particular, please note that any items returned to us that you claim to be faulty or incomplete are checked and verified by our staff. Any returned items that are found not to be faulty or incomplete will be returned to you, and we shall be entitled to charge you for the return carriage costs via your original payment method. In the event that your credit card has expired or is declined, we will hold the item(s) until full payment has been made for the return carriage.
10.5 Any items that you return to us are at your own risk. Therefore we strongly advise all our customers to take reasonable care when returning any items to us, for example, by ensuring the goods are correctly addressed, adequately packaged, and carried by a reputable carrier.
- GOVERNING LAW AND JURISDICTION
This Agreement will be subject to English law, and the English courts will have jurisdiction in respect of any dispute arising from the Agreement.