These are the terms and conditions on which we supply products to you, whether these are goods or services.
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products 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 think that there is a mistake in these terms, please contact us to discuss.
Auto Parts Walsall Limited, a company registered in England and Wales. Our company registration number is 9095106 and our registered office is at: 37 Pool street, Walsall, WS1 2EN. Our registered VAT number is GB193764860.
To contact us, please call 01922 610 082 or submit an enquiry here.
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.
When we use the words “writing” or “written” in these terms, this includes emails.
Any acceptance by us of an order by you is subject to the following conditions. If your order form contains printed conditions such conditions are accepted only in so far as they are not inconsistent with our terms and conditions as set out below. Our acceptance of your order will take place when we provide you with our written acknowledgement of your order or our delivery of goods to you.
If we are unable to accept your order, we will inform you of this 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.
We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the website and it remains your responsibility to read the terms and conditions on every occasion you visit and use this website.
Whilst we endeavour to adhere to our published prices we reserve the right to amend them to those ruling at the date of dispatch. All prices are pound sterling and exclude VAT unless otherwise stated
For any goods that are purchased via our website, the price you pay is the price displayed when your order is accepted by us with the following exclusions:
Reservations made Click & Collect will be reserved at the price shown when placing an order, once the specified collection period has elapsed; prices are subject to change.
While all our prices are checked for accuracy on a regular basis and we take all reasonable care to ensure that the price of the product advised to you is correct, some prices may be incorrect. If we discover an error with the price of your goods, we will inform you as soon as possible. We are no under obligation to provide goods to you at the incorrect lower price and reserve the right to cancel your order. In cases where contact cannot be made, we will treat the order as cancelled.
Prices may vary in-store to that shown on our site or any other advertising material unless expressly stated. We reserve the right to alter prices to account for inherent costs to our business.
All quotations provided are valid for 14 days, unless otherwise stated.
All delivery prices (where applicable) are quoted at the time you place your order and no credit will be issued for goods collected from any of our premises by you or any third party employed by you.
3 PRODUCT INFORMATION
Any application lists, catalogues, descriptions, images, information or advice provided by us or published on our website in respect of goods is as accurate as possible although is for illustrative purposes only. In all instances, it is your responsibility to assure yourself that the parts supplied are suitable for the application involved.
Goods supplied will conform in all material respects to their description or to any sample or specification provided to and accepted by us. We reserve the right to amend any design or specification without prior notification provided that it does not adversely affect the performance of the goods.
We reserve the right to supply goods of a revised or modified design, providing that any difference does not affect the goods performance or suitability for the intended purpose.
Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the goods. Goods supplied by us may be different in colour or appearance from those shown on our website or the vehicle itself.
While every endeavour has been made to ensure the accuracy of our catalogue, we do not accept any responsibility for errors or omissions. Replacement parts should always be checked against the original ones prior to fitting to ascertain their suitability for purpose.
Left Hand (LH) and Right Hand (RH) fitting positions are stated as if sitting in the driver’s seat.
We shall not be held responsible for any infringement of patent or copyright on the part of our suppliers or customers in the event that parts are being supplied to their design.
Whilst we use our reasonable endeavours to fulfil orders made by you, we will not be in breach of these terms nor liable for delay in performing, or failure to perform, any of the obligations under these terms if such delay or failure results from events, circumstances or causes beyond our reasonable control including (without limitation) strikes, lockouts, shipping delays, fire, war, etc. In such an event, you will have no claim against us for any loss or damage which may result.
6 PAYMENT TERMS
Payment is to be made on delivery, unless prior arrangements have been made to open an account authorised by a Director of the company in writing.
We accept payment with VISA, MasterCard, Maestro, and Apple Pay.
Payments via our website will only be accepted where the payment card in question has been verified, where this is not possible, we reserve the right to cancel any order without notice.
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 5% a year above the base lending rate of 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.
If you think an 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.
Where we receive part payments towards any invoice or debt owed to us, we reserve the right to allocate the payment in equal proportions to the outstanding amount in the order in which they occurred (oldest debt first).
In the event of a cheque not clearing, we reserve the right to charge a fixed fee to cover the return of the cheque and to cover any costs or administration charges.
You acknowledge and agree that:
(i) one of our third party payment processors , will charge you through the payment method you have selected at website checkout for such Order and such other amounts payable under these Terms that may be due in connection with the Order;
(ii) you will provide valid and current information about yourself;
(iii) we may use the tools, software or services of our payment processors to process transactions on our behalf; and
(iv) you may be charged bank or credit/debit card issuer with additional fees (such as foreign transaction fee or cross border fee) or surcharges imposed by your bank or credit/debit card issuer, and those are not our charges or fees, and neither have control over this nor do we have any way to mitigate this, as this is purely up to the relationship and commercial terms between you and your bank or credit/debit card issuer, and we also have no way of knowing in advance whether you will be charged such fees or surcharges, as each bank and credit/debit card issuer has its own policy, and our commitment is to acquire the amount set at Checkout in your local currency.
7 DELIVERY OF GOODS AND RETENTION OF TITLE
Unless otherwise stated deliveries will be made by our vehicles at no charge.
All orders made via the website or mail order for delivery will be subject to the appropriate carriage charges stated at the point of order.
Goods are delivered to you and at your risk at the earliest of when we physically deliver them to you or make them available to you for collection at a location agreed by us.
Time of delivery will not be of the essence and any delivery date is an estimate only. You will have the right to cancel any order without liability to us if delivery has not taken place more than 30 days after the time specified by us.
If no one is available at your address to take delivery and the goods cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange 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 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 we may end the contract.
Any claim that goods have not been delivered to you by us must be notified by you to us within 7 days of their expected delivery.
The quantity of any consignments recorded by us upon dispatch from our business premises will be conclusive evidence of the goods received by you on delivery unless you can provide conclusive evidence to prove otherwise.
If you fail to take delivery of any goods at the time agreed for delivery, then we will be entitled to cancel or suspend such delivery and all other outstanding deliveries and we will be entitled to charge you for the loss suffered.
It is your responsibility to provide the means for unloading goods from our vehicles on delivery.
(a) Notwithstanding delivery, title in the goods shall remain ours until we have received payment of the full price of all goods that are subject to these terms and all goods supplied by us to you under any other contract whatsoever.
(b) You shall nevertheless be entitled to deal with goods in which we retain title in the ordinary course of business provided that:
(c) any such sale will be a sale of our property on your behalf.
(d) you shall first dispose of the goods that you have paid for and any payments received by us from you shall first be appropriated to goods disposed of by you;
(e) Until property in the goods passes to you, you shall hold the goods as bailee for us and shall store the goods in such a way that they are readily identifiable as our property. You shall also maintain the goods in satisfactory condition and keep them insured on our behalf.
All non-delivery claims will, at our discretion, be limited to replacing the goods or issuing a credit note within a reasonable time.
Any claim that goods have been delivered damaged or do not comply with their description should be made within 7 days of their delivery. Provided that such goods are returned to us in accordance with clause 11, we will refund, issue a credit or replace the goods at our discretion.
All claims that goods have not been delivered to you by our appointed carriers must be made within 7 days of the expected delivery date. We reserve the right to make appropriate investigations with our carrier within a reasonable timescale. In some cases, we may require compelling evidence from you or a third party to aid the investigation process. You will be notified of our decision to refund, replace or issue a credit for the goods within 14 working days of your initial claim.
All products are supplied and guaranteed by the manufacturer in accordance with manufacturers’ specifications. Any item which is proved and admitted by the manufacturer to be defective during the relevant warranty period due to material or structural defect will be replaced free of charge or credited in full at our discretion. Under no circumstances will we accept liability for consequential loss or damage or pay for any repairs or alterations without prior authorisation.
In the event of a guarantee claim, you must notify us in writing and complete a warranty form detailing the fault and vehicle details.
You must return the goods to us for inspection by the manufacturer. The manufacturer’s report will be final, and we shall have no further liability to you.
You will allow reasonable opportunity for claims to be investigated by us or the manufacturer prior to any replacement, refund or credit being issued and, where required, you will provide additional information and or goods for inspection if requested by us or the manufacturer.
We will have no liability to you in respect of any defect arising from wear and tear, willful damage, negligence, tampering of goods, abnormal working conditions, incorrect fitting, ordering of goods or failure to follow the manufacturer’s instructions.
Any warranty that is provided shall not be transferred or assigned to any other party.
The warranty starts from the date of delivery. If we replace the goods within the warranty period, the warranty does not start again, and you will only benefit from the remaining warranty period.
If you are exercising your right to end the contract in accordance with clause 9, you must notify us prior to fitment of the goods and within the 30 day period. Once fitted, we reserve the right to investigate your claim as per clause 8.4.
Under no circumstances will we accept liability to you in respect of costs incurred such as, but not limited to, loss of earnings, travel expenses, recovery costs and damages.
9 YOUR RIGHTS TO END THE CONTRACT
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 and when you decide to end the contract:
If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 13.
If you want to end the contract because of something we have done or have told you we are going to do, see clause 9.2; or
If you have just changed your mind about the product, see clause 9.3. 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.
9.2 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 and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the goods or these terms which you do not agree to.
(b) 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.
(c) there is a risk that supply of the goods may be significantly delayed because of events outside our control.
(d) we have suspended supply of the products for technical reasons; or
(e) you have a legal right to end the contract because of something we have done wrong.
9.3 For most items 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.
9.4 You have 14 days after the day you (or someone you nominate) receive the goods, unless:
(i) 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) receive the last delivery to change your mind about the goods.
(ii) Your goods are for regular delivery over a set period. In this case you have until 14 days after the day you (or someone you nominate) receive the first delivery of the goods.
10 HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
To end the contract with us, please let us know by calling our Customer Service Team on 01922 610 082 or completing the contact form online on our website and providing proof of purchase in the form of our invoice for the original supply of such goods.
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 in accordance with clause 11. You must either post them back to us at Auto Parts Walsall Limited,37 Pool Street, Walsall, WS1 2EN or take them back to your local branch or, (if they are not suitable for posting) allow us to collect them from you. If you are exercising your right to change your mind in accordance with clause 9, you must send off or return the goods within 14 days of telling us you wish to end the contract.
Goods purchased online may only be returned with our prior written authorisation and we reserve the right to deduct the appropriate handling charges or reduce the refund amount to reflect any damage or reduction in value of the goods as a result of incorrect handling or damage.
If you are exercising your right to change your mind in accordance with clause 9, all refunds will be issued within 5 working days from the day on which your goods arrive with us, unless evidence of delivery is provided earlier.
All goods that are incorrectly supplied will be refunded within 7 days, providing they are returned as new in their original packaging.
All goods purchased via our website or mail order will only be credited back to the original payment method.
Only goods returned in the same condition in which you receive them qualify for a refund, you have no entitlement to a refund if the goods returned have been used and where applicable have been removed from sealed clear packaging.
Electrical items are non-returnable unless faulty or previously agreed with us.
Return postage remains your responsibility unless, the goods are faulty or are incorrectly supplied, there is an unreasonable delay in delivery or because of an error on our behalf.
All unwanted products must be returned within 30 days from the point of delivery, goods returned after this period will be subject to the appropriate handing charges. All special order items (“Special Order Items”) are non-refundable except at our discretion.
If you are responsible for return postage costs and we agree collection from yourself, you agree that we can invoice you for the direct costs to us of such collection. This will be agreed at the point of booking collection from yourself.
Where we are collecting goods from yourself on a mutually agreed date, you are liable for costs incurred if collection is missed or goods are not available for collection on that day.
Where we are liable for postage but are unable to organise a collection, you must return the goods to us via the cheapest tracked method possible and provide proof of purchase for the chosen postage. In cases where postage costs are deemed excessive, we reserve the right to refund the value of the cheapest postage method available at that time.
All goods bought via mail order must be returned to 37 Pool Street, Walsall, WS1 2EN. However, where you choose to return goods via our branches, the onus is on you to get signed proof of return, as we have no liability to you for goods returned via a branch without proof.
You agree to return goods in such a condition whereas no risk is posed to any employee.
(a) All Special Order items are non-returnable unless previously agreed with us. All Special Order returns are subject to a 20% restocking fee, deductible from any refund that becomes due.
(b) Where items purchased are on an exchange basis, you have 28 days to return the old unit to us. If the old unit is returned within 28 days we will refund the ‘surcharge’ owed, provided that the item is in a condition that enables it to be remanufactured. Any goods returned outside of the 28 day period will be credited at our sole discretion.
12 LIMITATION OF LIABILITY
The following provisions set out the entire financial liability of us (including any liability for the acts or omissions of our employees, agents and sub-contractors) to you arising out of or in any way related to the contract.
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 products; and for defective products under the Consumer Protection Act 1987.
We are not liable for business losses. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Subject the above, our total liability to you under or connected with this contract will not exceed 100% (one hundred per cent) of the price payable for the goods for any one event or series of connected events.
If you have any complaints about any goods or services supplied by us, please contact us immediately so that we can deal with your complaint quickly.
Your obligation to return rejected products. If you wish to
We are under a legal duty to supply goods that are in conformity with this contract. Nothing in these terms will affect your legal rights.
exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection.
All promotions (including but without limitation to) discounts, offers, promotional codes, prize drawers, vouchers and competitions) are subject to the conditions below.
Promotions are only valid on our website unless otherwise stated, promotion codes/discounts and or ‘gifts’ are not redeemable in store or via phone unless stated otherwise.
Promotions are limited to one per customer, per transaction and cannot be used in conjunction with any other offer.
All promotions are non-transferable.
Your obligation to return rejected products. If you wish to
We reserve the right to end any promotion without notice or refuse any customer to participate in the scheme.
By using a promotion code, you agree for your personal data to be held by us for the purpose of contact with future promotions.
Promotions are only valid for the period stated, if no date limit is set, the promotion will expire no later than 2 days from issue.
We reserve the right to cancel any order where in our opinion the promotion is not valid against the goods purchased and we shall make reasonable efforts to contact the customer.
Any goods supplied free as part of a promotion are subject to availability and we reserve the right to, at our discretion, supply another free item of the same or similar value. If returning an order, any free goods must be returned as new. We reserve the right to deduct the RRP from any refund issued in cases where goods are not returned to us.
By entering into any promotional, all participants agree to participate in any publicity arising from any free goods/services and vouchers etc. We reserve the right to feature the name, photograph and location of any participant for use in any future marketing material without payment or notification.
All goods are supplied subject to availability, in the event we cannot supply you with the goods ordered we reserve the right to supply equivalent goods of matching quality. In the event the supplied goods are not accepted by you, we will be responsible for collecting the goods from you.
16 DATA PROTECTION
We will use all personal information you provide to us to supply goods, process payments and, where you have provided consent, inform you of similar products or promotions. If you wish to stop receiving marketing communications from us, please contact us to have your data removed from our database.
We may pass information provided by you to third parties for the purpose of credit checks. In some cases, they may keep a record of any search that is carried out. In any event, we shall not be held liable for any action or omission by any third party with respect to credit checks.
We will only give your personal information to third parties where allowed in accordance with the Data Protection Act 2018.
Certain services on our site will require registration and will be subject to an approved login name and password. Information that you provide on this site must be accurate and complete.
In the event you have any concerns or become aware of misuse of any personal information, you must inform us immediately..
These terms are incorporated into the contract between us at the exclusion of all other terms and conditions and supersede all prior dealings between us in relation to the subject matter of the contract.
We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
No variation or amendment of this Contract will be valid unless in writing and signed by you and our authorised representative.
This contract will be governed by English law and any dispute arising out of or in any way connected to it shall be subject to the exclusive jurisdiction of the English Courts.
We retain all copyright and title to all documentation relating to goods/services provided to you by us. This documentation cannot be used for any other purpose than intended. We reserve the right to request the return of documents at our expense where required for us by us.
Any material which you contribute to us must not contain:
(a) Any material which is defamatory of any person or is threatening or is likely to upset, embarrass alarm or cause distress to any other person.
(b) Promote discrimination based on sex, religion, sexual orientation or race.
(c) Infringe any copyright, database right or trade mark.
You shall comply with all laws, statues, regulations in relation to anti-bribery and anti- corruption including but not limited to the Bribery Act 2010.
Video/Audio recording of any calls, staff member or any on-site professionals is prohibited without prior written consent from us.
These terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
You must not use any part of the website to knowingly introduce viruses, Trojans, worms or any other material which is malicious or harmful. You must not attempt to gain unauthorised access to our site, the server on which it is stored, or any database connected to the website.
You may link the homepage, providing it is not to cause damage to our reputation or any third party employed by us. You must not suggest any form of association with us where none exists.