Terms & Conditions
TERMS AND CONDITIONS FOR ON-LINE SALES
Titan Motorsport and Automotive Engineering Ltd
Unit 3 Harley Industrial Park
Paxton Hill
St Neots
Cambridgeshire
PE19 6TA
UK
Our terms
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These terms
- What these terms cover. These are the terms and conditions on which we supply goods to you with respect to your on-line purchases of goods.
- Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide goods to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you do not understand any of these terms, please contact us to discuss.
- Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
- You are an individual; and
- You are buying goods from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
- If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
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Information about us and how to contact us
- Who we are. We are Titan Motorsport & Automotive Engineering Limited, a company registered in England and Wales. Our company registration number is 01213297 and our registered office is at Unit 3 Harley Industrial Park, Paxton Hill, St Neots, Cambridgeshire, PE19 6TA. Our registered VAT number is GB214798738.
- How to contact us. You can contact us by telephoning our customer service team at +44(0)1480 474402 or by writing to us at sales@titan.uk.net or Titan Motorsport and Automotive Engineering Ltd, Unit 3, Harley Industrial Park, Paxton Hill, St Neots, Cambs. PE19 6TA.
- How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
- "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
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Our contract with you
- How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a 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 in writing and will not charge you for the goods. This might be because the goods are 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 goods or because we are unable to meet a delivery deadline you have specified.
- Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
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Our goods
- Goods may vary slightly from their pictures. The images of the goods on our website are for illustrative purposes only. Your goods may vary slightly from those images. Although we have made every effort to be as accurate as possible, because our goods are hand finished, all sizes, weights, capacities, dimensions and measurements indicated on our website are indicative only.
- Goods packaging may vary. Where applicable, the packaging of the goods may vary from that shown in images on our website.
- Making sure your measurements are accurate. If we are making the goods to measurements you have given us you are responsible for ensuring that these measurements are correct. You can find information and tips on how to measure on our website or by contacting us.
- Intellectual property rights in our goods. For the avoidance of doubt, all Intellectual Property Rights in the goods are and shall remain vested in, and the exclusive property of, us. Intellectual Property Rights means patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
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Your rights to make changes
- If you wish to make a change to the goods you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the goods, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
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Our rights to make changes
- Minor changes to the goods. We may change the goods:
- to reflect changes in relevant laws and regulatory requirements; and
- to implement minor technical adjustments and improvements.
- We reserve the right to modify or change our designs from time to time.
- Minor changes to the goods. We may change the goods:
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Providing the goods
- Delivery costs. The costs of delivery will be as displayed to you on our website.
- We are not responsible for delays outside our control. If our supply of the goods 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, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any goods you have paid for but not received.
- Collection by you. By prior arrangement you can arrange to collect the goods from our premises, you can collect them from us during our working hours of 9.00am - 5.00pm BST on weekdays (excluding public holidays).
- If you are not at home when the goods are delivered. If no one is available at your address to take delivery and the goods cannot be posted through your letterbox, we or our carrier service will leave you a note informing you of how to rearrange delivery or collect the goods from a local depot.
- If you do not re-arrange delivery. If you do not collect the goods from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from us we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10 will apply.
- When you become responsible for the goods. Goods will be your responsibility from the time the goods are delivered to the address you gave us or you or a carrier organised by you collect it from us.
- When you own goods. You own goods once we have received payment in full for such goods.
- Reasons we may suspend the supply of goods to you. We may have to suspend the supply of goods to:
- deal with technical problems or make minor technical changes;
- update the goods to reflect changes in relevant laws and regulatory requirements; or
- make changes to the goods as requested by you or notified by us to you (see clause 6).
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Your rights to end the contract
- You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
- If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the goods repaired or replaced or a service re-performed or to get some or all of your money back), see clause 12 if you are a consumer and clause 13 if you are a business;
- If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
- If you are a consumer and have just changed your mind about the goods, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
- In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 8.6.
- Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any goods which have not been provided. If you are a consumer, you may have additional rights under the Consumer Rights Act 2015. The reasons are:
- we have told you about an upcoming change to the goods or these terms which you do not agree to (see clause Error! Reference source not found.);
- we have told you about an error in the price or description of the goods you have ordered and you do not wish to proceed;
- there is a risk that supply of the goods may be significantly delayed because of events outside our control;
- we have suspended supply of the goods for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 days; or
- you have a legal right to end the contract because of something we have done wrong.
- Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most goods bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
- When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of:
- goods made to your specification; and
- any goods which become mixed inseparably with other items after their delivery.
- How long do consumers have to change their minds? If you are a consumer how long you have to change your mind with respect to goods purchased depends on how they are delivered. Normally you have 14 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery.
- Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind (see clause 8.1), you can still end the contract before it is completed. A contract for goods is completed when the goods are delivered and paid for. If you want to end the contract in these circumstances, just contact us to let us know. The contract will not end until 1 calendar month after the day on which you contact us. We will refund any advance payment you have made for goods which will not be provided to you. For example, if you tell us you want to end the contract on 4 February we will continue to supply the goods until 3 March. We will only charge you for supplying the goods up to 3 March and will refund any sums you have paid in advance for the supply of the goods after 3 March.
- You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
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How to end the contract with us (including if you are a consumer who has changed their mind)
- Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
- Phone or email. Call customer services on 01480 474402 or email us at sales@titan.uk.net. Please provide your name, home or businesses address (as applicable), details of the order and, where available, your phone number and email address.
- Online. Complete the online cancellation form on our website.
- By post. Print off the Cancellation Form for consumer customers and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
- Returning goods after ending the contract. If you end the contract for any reason after goods have been dispatched to you or you have received them, you must return them to us. You must either (i) return the goods to us or (ii) post them or, through the use of a carrier of your choice, ensure they are delivered back to us at our address, in each case, and subject to clause 9.3, at your cost. If you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract. Please call customer services on +44(0)1480 474402 or email us at sales@titan.uk.net if you have any questions.
- When we will pay the costs of return. We will pay the costs of return:
- if the goods are faulty or misdescribed; or
- if you are ending the contract because we have told you of an upcoming change to the goods or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
- How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the goods including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
- When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind:
- We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling of them. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
- The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a goods within 3 working days at one cost but you choose to have the goods delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
- When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then:
- If we have not offered to collect the goods, your refund will be made within 14 days from the day on which we receive the goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the goods back to us. For information about how to return goods to us, see clause 9.2.
- In all other cases, your refund will be made within 14 days of your telling us you have changed your mind
- Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
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Our rights to end the contract
- We may end the contract if you break it. We may end the contract at any time by writing to you if you do not, within a reasonable time, allow us to deliver the goods to you or collect them from us.
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If there is a problem with the goods
- How to tell us about problems. If you have any questions or complaints about the goods, please contact us. You can telephone our customer service team at +44(0)1480 474402 or write to us at sales@titan.uk.net or Unit 3, Harley Industrial Park, Paxton Hill, St Neots, Cambridgeshire, PE19 6TA.
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Your rights in respect of defective goods if you are a consumer
- If you are a consumer we are under a legal duty to supply goods that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the goods. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. If they are not, then during the expected lifespan of your goods your legal rights may 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.
- up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
See also clause 8.3.
- Your obligation to return rejected goods. If you wish to exercise your legal rights to reject goods you must either return them in person to us or post them back to us either directly or through a carrier of your choice. You will pay the costs of postage. Please call customer services on +44(0)1480 474402 or email us at sales@titan.uk.net if you have any questions.
- If you are a consumer we are under a legal duty to supply goods that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the goods. Nothing in these terms will affect your legal rights.
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Your rights in respect of defective goods if you are a business
- If you are a business customer we warrant that on delivery, and for a period of 12 months from the date of delivery (warranty period), any goods shall:
- conform with their description in all material respects and any relevant specification;
- be free from material defects in design, material and workmanship; and
- be of satisfactory quality (within the meaning of the Sale of Goods Act 1979).
- Subject to clause 13.3, if:
- you give us notice in writing during the warranty period within a reasonable time of discovery that goods do not comply with the warranty set out in clause 13.1;
- we are given a reasonable opportunity of examining such goods; and
- you return such goods to us at our cost,
we shall, at our option, repair or replace the defective goods, or refund the price of the defective goods in full.
- We will not be liable for a good’s failure to comply with the warranty in clause 13.1 if:
- you make any further use of such goods after giving a notice in accordance with clause 13.2(a);
- the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the goods or (if there are none) good trade practice;
- the defect arises as a result of us following any drawing, design or specification supplied by you;
- you alter or repair the goods without our written consent; or
- the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
- Except as provided in this clause 13, we shall have no liability to you in respect of a good's failure to comply with the warranty set out in clause 13.1.
- With respect to any repaired or replacement goods supplied by us under clause 13.2, such repair or replacement neither extends the term of the warranty nor sets in motion a new warranty period. The warranty for such repaired or replacement goods ends with the expiry of the original warranty.
- If you are a business customer we warrant that on delivery, and for a period of 12 months from the date of delivery (warranty period), any goods shall:
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Price and payment
- Where to find the price for the goods. The price of the goods (which does not include VAT) will be the price indicated on the order pages when you placed your order. VAT will be added at the checkout stage. We use our best efforts to ensure that the price of the goods advised to you is correct. However please see clause 14.3 for what happens if we discover an error in the price of the goods you order.
- We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the goods, we will adjust the rate of VAT that you pay, unless you have already paid for the goods in full before the change in the rate of VAT takes effect.
- What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the goods we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the good’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the good's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
- When you must pay and how you must pay. We accept payment with the card types listed on our web site. You must pay for the goods before we dispatch them.
- Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
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Our responsibility for loss or damage suffered by you if you are a consumer
- We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
- 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 goods as summarised at clause 12.1; and for defective goods under the Consumer Protection Act 1987.
- We are not liable for business losses. If you are a consumer we only supply the goods to you for domestic and private use. If you use the goods for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 16.
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Our responsibility for loss or damage suffered by you if you are a business
- Nothing in these terms shall limit or exclude our liability for:
- death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
- defective goods under the Consumer Protection Act 1987; or
- any matter in respect of which it would be unlawful for us to exclude or restrict liability.
- Except to the extent expressly stated in clause 13.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
- Subject to clause 16.1:
- we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
- our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for goods under such contract.
- Nothing in these terms shall limit or exclude our liability for:
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How we may use your personal information
- How we will use your personal information. We will use the personal information you provide to us:
- to supply the goods to you;
- to process your payment for the goods; and
- if you agreed to this during the order process, to give you information about similar goods that we provide, but you may stop receiving this at any time by contacting us.
- We will only give your personal information to third parties where the law either requires or allows us to do so.
- How we will use your personal information. We will use the personal information you provide to us:
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Other important terms
- We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
- You cannot transfer your rights to someone else.
- 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. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
- If a court finds part of this contract 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, the remaining paragraphs will remain in full force and effect.
- Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the goods, we can still require you to make the payment at a later date.
- Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by the laws of England and Wales and you can bring legal proceedings in respect of the goods in the English or Welsh courts. If you live in Scotland you can bring legal proceedings in respect of the goods in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the goods in either the Northern Irish or the English courts.
- Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.