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Terms of Service

Terms of service

TERMS AND CONDITIONS

 

Application and entire agreement

 

1. These terms and conditions will apply to the purchase of the goods detailed in our application lists as provided (Goods) by the buyer (you, your) from Prosport Performance Ltd a company registered in England and Wales under number 08169028 whose registered office is at Unit 4 Hurricane Close, Salisbury, Wiltshire, SP4 6LG (we, our or us).

2. These terms and conditions will be deemed to have been accepted by you when you accept them or from the date of delivery of the goods (whichever happens earlier) and will constitute the entire agreement between us and you.

3. These terms and conditions apply to the purchase and sale of Coilover Kits, Lowering Spring Kits and Wheel Spacers (product(s)) between us and you, to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

4. These terms and conditions are in addition to and are not affected by the Consumer Rights Act 2015.

Identification data

1. Data relating to the identification of vehicles is as provided by the vehicle manufacturer. The use of trade names is solely for identification and descriptive purposes. Whilst every effort is made to accurately describe vehicle applications, variations may occur in OEM vehicle specifications which we may not be aware of. It is in your interest to be sure the vehicle is of standard specification and has received no previous modification(s) which may affect the installation of any of our products.

2. Specifications described are based on testing of standard production vehicles. Any modifications or variations from vehicle standard specifications may cause the result to be different from that which is described in our advertised information. Variations will occur due to individual vehicle specifications and changes to vehicle specifications can be implemented by the vehicle manufacturer during its production lifespan.

3. All products are designed and tested for installation in UK-specification vehicles (this means vehicles supplied by an approved UK retailer appointed by the vehicle manufacturer). Vehicles supplied to markets outside the UK may have different specifications which could affect the installation and/or performance of the product. Prosport cannot accept liability for any issue arising from attempted installation into a non UK specification vehicle or vehicle which does not comply with the manufacturer’s standard UK specification due to modification of the vehicle.

Interpretation

4. A “business day” means any day other than a Saturday, Sunday or bank holiday.

5. The headings in these Terms and Conditions are for convenience only and will not affect their interpretation.

6. Words imparting the singular number include the plural and vice-versa.

Goods

7. The description of the goods is set out in our sales documentation (this includes, but is not limited to, trade application lists, web shop listings, quotations and invoices), including the Prosport web site unless expressly changed in our application data. In accepting the description of the Goods, you acknowledge that you have not relied upon any statement, promise or other representations about the Goods by us. Descriptions of the Goods set out in our sales documentation are intended as a guide only.

8. We can make any changes to the specification of the Goods for any reason and/or requirement to conform to any applicable safety or other statutory or regulatory requirements.
Retail Price

9. The Retail Price (Price) of the goods is set out in our web shop and is deemed to be current at the date of your order or such other price as we may agree in writing.

10. If the cost of the Goods to us increases due to any factor beyond our control including, but not limited to, material costs, labour costs, alteration of exchange rates or duties, or changes to delivery rates, we can increase the Price prior to delivery.

11. Any increase in the Price under the clause above will only take place after we have told you about it.

13. The advertised Price is inclusive of fees for transportation / delivery of the product to the address provided by you, except in cases where additional delivery charges apply.

14. The advertised Price is inclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.

Cancellation and Alteration

16. Details of the Goods as described in the clause above (Goods) and set out in our sales documentation are subject to alteration without notice and are not a contractual offer to sell the Goods which is capable of acceptance.

17. Any quotation (including any non-standard price negotiated in accordance with the clause on Price (above) is valid for a period of 30 (thirty) days only from the date shown in it unless expressly withdrawn by us at an earlier time.

18. Either of us can cancel the order for any reason.

19. If the order is cancelled after the item has been dispatched from us, a handling charge of 15% will be applicable. Any credit issued in respect of a returned item will take the handling charge into account. Delivery charge(s) will not be refundable. An exception to this clause will apply if the goods are incorrectly supplied by us based on the information provided in your order.

Payment

20. You must pay the Price on placement of the order.

23. All payments must be made in British Pounds (GBP).

24. Both parties must pay all amounts due under these Terms and Conditions in full without any deduction or withholding except as required by law and neither party is entitled to assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part. Handling charges may be applied at a rate set by us on goods returned due to having been ordered incorrectly or no longer required.

Delivery

25. We will arrange for the delivery of the Goods to the address specified on your order or as provided to us previously or to another location provided in writing.

26. Subject to the specific terms of any special delivery service, delivery can take place at any time of the day and must be accepted at any time between 8am to 8pm.

27. If you do not take delivery of the Goods we may, at our discretion and without prejudice to any other rights:

a. Store or arrange for the storage of the Goods and will charge you for all associated costs and expenses including, but not limited to, transportation, storage and insurance: and / or

b. Make arrangements for the redelivery of the Goods and will charge you for any costs of such redelivery

28. Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. We will
not be liable for any delay in delivery of the Goods that is caused by a circumstance beyond our control or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.

29. You agree that in providing a name, address and any contact details, we are authorised to pass those details on to a third-party delivery agent. Personal details may be used by Prosport only for marketing purposes. Your personal details will not be passed to any other third-party. You can opt out of receiving marketing communications at the time of ordering by checking the relevant box at the checkout stage.

Acceptance

30. In accepting these terms and conditions you agree:

I. To have the Prosport Performance Ltd product installed by a trained professional vehicle technician with the relevant training and/or experience in carrying out performance suspension modifications.

II. Only to use the product within its advertised ranges of adjustment.

IV. To only use the product for normal road-use, as would be understood by “Social, domestic and Pleasure + Commuting” in the sense of a declaration to an insurance company.

V. To declare any modifications to your insurance company.

 

Prosport Performance Ltd, Unit 4 Hurricane Close, Old Sarum, Salisbury, SP4 6LG

v.1.0 November 2017

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