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Terms and Conditions (Terms of Service)
TERMS AND CONDITIONS
Application and entire agreement
a. These terms and conditions will apply to the purchase of any goods (goods, product, item, kit) as described in our application lists or on-line sales listings by the buyer (you, your, us) from Prosport Performance Ltd (we, our, us), a company registered in England and Wales under number 08169028 whose registered office is at Unit 4 Hurricane Close, Salisbury, Wiltshire, SP4 6LG.
b. These terms and conditions will be deemed to have been accepted by you when you accept them by checking the ‘Terms of Service’ box during a checkout process, on the collection date or from the courier-verified date of delivery of the goods to you (whichever happens earlier) and will constitute the entire agreement between us and you.
c. These terms and conditions apply to transactions involving any goods offered for sale by us, and any parts thereof, 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.
d. These terms and conditions are in addition to and are not affected by the Consumer Rights Act 2015.
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 parts 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. Lowering specifications described are based on testing of new, standard production vehicles during the individual product's development. Any modifications or variations in vehicle standard specifications may cause the result of an installation to be different from that which is described in our advertised information. The age of and mileage covered by the originally installed components can affect the amount of lowering achieved.
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 a modification of the vehicle (such as, but not limited to, non-original-equipment wheel & tyre combinations, body-kits, etc).
4. A “business day" or "working day” means any day other than a Saturday, Sunday, public or bank holiday or any other day during which we are closed for business.
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.
7. The description of the goods is set out in our sales documentation (this includes, but is not limited to: trade application lists, on-line shop listings, quotations and invoices), including product information and descriptions displayed on 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. A change to the specification of any Prosport product does not imply or infer the existence of a fault in any previous specification.
9. The Price (Price) of the goods is set out in our online sales listings 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. In the case of deliveries to addresses in the UK (England, Wales, Scotland and Northern Ireland), the advertised price is inclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.
15. Purchases by international buyers (non-UK residents) will be zero-rated for UK VAT. Local taxes and duty will be levied on all goods when they arrive at Customs in the destination country. All charges must be paid before an item can be released for delivery to you.
Cancellation and Alteration
16. Details of the Goods as described in any online product listing 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 by you 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. Any delivery charge(s) applied 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.
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.
25. We will arrange for the delivery of the Goods to the address specified on your order or as provided to us verbally or in writing, 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 from 8:00am to 8:00pm.
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 goods sent from Prosport Performance Ltd to an address outside the UK will be liable for local VAT, import duty and possibly administration fees (charges) on arrival at the destination port of entry (customs). Administration costs may be added to any taxes or duty charges by the parcel delivery company. Any taxes, duty and administration fees will need to be paid as instructed by the parcel delivery company before a package can be released for delivery to the recipient. Prosport Performance Ltd is unable to confirm the total value of the charges prior to dispatch of the goods. If the recipient does not pay the charges within a timeframe set by the parcel delivery company, it may result in the package being returned to Prosport Performance Ltd. If the parcel is returned to Prosport Performance Ltd and if re-delivery is requested, a further shipping charge will apply and a 10% handling charge will be added. The handling charge will be applied to the price of the goods. If re-delivery of a returned parcel is not required, the handling charge described above will be deducted from any refund. Any other costs incurred by Prosport in respect of a returned parcel will be added to any re-delivery charge or will be deducted from any refund in the event that re-delivery is not required. Prosport cannot be held liable for any delays in the shipping process.
29. In the case of re-delivery from the UK, clause 28 will apply in each case.
The following clauses (30 & 31) apply to all deliveries and shipping covered by clauses 25-29
30. 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 (including customs processing where applicable) or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
31. 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.
32. If you are not satisfied with your product, then you are entitled to a full refund if it is returned within 30 days of the purchase date. If you have simply changed your mind or have purchased an item in error, you are also able to return your product to us in which case a handling charge of up to 10% may be applied depending upon the reason for the return. A returned product must be returned in its original packaging, be complete and will not have been installed. If the product has been installed, we may accept its return at our discretion.
33. Information regarding the warranty offered on our products can be viewed by clicking on this link. Checking the ‘Terms of Service’ box at checkout will confirm acceptance of our warranty terms and conditions.
34. In accepting these terms and conditions you agree:
I. To have the Prosport Performance Ltd product installed by a trained professional vehicle technician who holds a motor industry recognised qualification and who has experience in carrying out performance suspension modifications.
II. Only to use the product within its advertised ranges of adjustment.
III. That any modifications to the standard specification of the vehicle to which the product is installed including the removal or addition of components may affect the ride-height of the vehicle and therefore the advertised lowering effect may not be able to be achieved.
IV. That Prosport Performance Ltd cannot be held liable for any damage caused as a result of the installation of our product(s) on to a vehicle which has non-standard specification, including, but not limited to wheels and/or bodywork.
V. 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 of use made to an insurance company.
VI. That you have read and accepted the Warranty Terms and Conditions, and claims procedure.