TERMS AND CONDITIONS OF BUSINESS
1. This website is operated by TM Brands Ltd. Terms such as "we", "us" and "our" refer to by TM Brands Ltd where they are used in these terms and conditions.
2. By purchasing something from our ecommerce store, you agree to be bound by the terms and conditions contained in this document.
4. We will take all reasonable care to ensure that the details displayed for a particular item offered for sale are correct at the time when the information was entered onto the system.
5. Whilst care is taken to ensure that we display as accurately as possible appearances, colours, textures or finishes, what you will see on your computer monitor or equipment may differ and so we cannot guarantee that images are an accurate representation of the actual goods or services that you are purchasing. Pictures and images throughout this site are used for illustration purposes only. From time to time, product packaging may vary slightly. Every effort is made to keep our website constantly updated.
6. We may not be able to accept your order due to one or more of the following reasons, or for a reason not listed below:
i) The item you have ordered is out of stock
ii) We cannot authorise your payment or have reasonable grounds to suspect your payment may be fraudulent
iii) There has been a pricing or product description error
iv) There is a system or procurement failure
v) You have failed our customer validation checks
7. When you place an order you will receive an email confirming the details of your order. This email is not confirmation that your order has been accepted by us.
8. Your order will only be accepted by us once your goods have been dispatched.
9. The prices payable for goods and services are as set out in our web site. Prices are correct at time of order but we do however reserve the right to change prices without prior notice subject to errors, omissions and exclusions.
10. All prices are shown including VAT (at the current VAT rate) and carriage. A VAT invoice is sent with every order.
11. All of the prices indicated on our website (unless otherwise stated) are shown for the purchase of 'single item products'. In order to qualify for DISCOUNTED BULK/TRADE PRICES you will need to purchase three or more of exactly the same product code that you've seen on our website and we'll do our utmost to provide you with an unbeatable quotation.
12. Please be aware that a vast number of variations affect the finish. The pickups are often produced in more than one country using different formulas making an exact match 100% of the time on every colour code impossible. Other factors such as paint fade, formula variance and the texture and material of the product can also effect the colour. For these reasons we cannot guarantee a perfect match on all items.
PAYMENT, PAYMENT OPTIONS
13. We are a UK company, all prices are in British Pounds Sterling (GBP) and all payments must be made in GBP.
14. Payment for the goods and delivery charges can be made by any method shown on the website at the time you place your order. There will be no delivery until cleared funds are received. Payments shall be made by you without any deduction whatsoever.
15. You can pay by using:
Paypal: an easy, fast and reliable option. A fast way of payment. You order will be paid within one minute. You will be taken to the PayPal site where you can use an existing account or pay with your credit or debit card. You can pay with Visa, MasterCard and Amex cards.
Offline payment: You can choose the option 'offline payment’ and pay by bank transfer.
16. Export VAT is not charged on sales to customers outside the EU and VAT-registered EU customers. However, you may be charged custom duties in your own country. If delivery is outside the European Union, we supply customs forms and the receiver of the goods is liable for import duties, if any; not all countries will charge this. It is payable to the courier company or customs office in the receiver’s country. We have no way of knowing what the duty amount will be. You need to check with our country’s customs authority. You need to pay the customs duties, if any, before you can receive your package. If you DO NOT pay the duties, the package may be returned to us and you are NOT entitled to a refund. Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
WHOLESALE / TRADE PURCHASES.
17. The above Terms and Conditions do not apply to any Wholesale or Trade purchase
18. On completing your purchase you will be presented with one or more options for delivery. Where an estimated timescale for delivery is provided, this is an estimate only and your items may be delayed in being received due to circumstances beyond our control (such as a courier delay, or at busy times).
19. Where you select a "next day delivery" option, orders placed on Fridays, Saturdays or Sundays may not be despatched for delivery until the following Monday and so may not be received until Tuesday.
20. In the event of an order returned due to non-delivery, the transit costs will be at the expense of the customer. Failed delivery attempts may incur a re-delivery charge if the courier is not at fault.
21.If goods are damaged in transit this must be recorded in writing at the time of receipt.The customer is responsible for inspecting all goods prior to signing the delivery note. Please ensure that the person who ordered the goods is available to check and sign for the delivery. In the unlikely event that any goods arrive damaged, please refuse to accept the delivery and notify us immediately. If the packaging appears to have suffered in transit, check the contents thoroughly. Do not write "unchecked" on the delivery note. We cannot accept responsibility and no claims for damaged goods can be made if the delivery note is signed and recorded as 'Received in good condition'. Please check carefully.The goods are insured against damage in transit by Insurers appointed by TM Brands Ltd for the benefit of the buyer of the goods. Please notify us immediately of any complaint, damage or discrepency with with your order number, description of goods, and nature of the fault.
RETURNS, CANCELLATIONS, REFUNDS
22. If you wish to cancel an order you have placed you must contact us immediately to ascertain whether the items have been assigned to the factory transportation department or not.Where they have been assigned , it is impossible to change or cancel your order and the items are not eligible for a refund. We are not obliged to accept goods back for credit or refund which have been ordered correctly or incorrectly. But we may do so, at our discretion but these are subject to a 25% cancellation fee to cover administration cost etc. Any refund made will also be less the original carriage cost incurred by TM Brands Ltd. All goods must be returned at the buyers cost and risk. It is advisable for customers to take out insurance for the full value of all goods being returned with the carrier.
23. Where items have not been assigned to the factory transportation department a standard cancellation fee of 5% of the invoiced goods will be at the expense of the customer to cover administration cost etc..
LIABILITY AND INDEMNITY
24. TM Brands Ltd shall not be liable for any direct, special, indirect or consequential or incidental damages including loss of profit or loss of opportunity as a result of the use of or the inability to use any items that have been ordered on this website.
25. You agree to indemnify us and our agents, officers, directors and employees, immediately and on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of any of our terms and conditions.
26. We will not be held liable for goods that cannot be fitted due to any of the following reasons
i) Any other aftermarket or non standard accessories, equipment, additions or modifications to the vehicle.
ii) Customer not providing correct vehicle information.
iii) The vehicle being an import i.e. not UK specification.
iv) Any accident damage to the vehicle.
v) Customer not having correct tools or required skills.
27. All goods must be fitted correctly in strict accordance with supplied fitting instructions. Incorrectly fitted accessories can be dangerous, cause damage the vehicle and/or accessory and invalidate the product warranty. We cannot guarantee fitting can be carried out by inexperienced persons. Only the customer can decide whether they are competent enough to fit any accessories themselves, if not, we advise using a qualified fitter or reputable garage. We are not liable for any fitting costs whatsoever nor are we liable for damages arising from incorrect fitment.
28. These terms and conditions shall be governed in accordance with the laws of England and are subject to the exclusive jurisdiction of the courts of England & Wales.
29. These terms and conditions constitute the entire agreement between the parties and supersede any and all preceding and contemporaneous agreements between you and by TM Brands Ltd whether written or oral.
30. We may change these terms and conditions at any time.
31. Should any part-term or term be found to be unenforceable then the remainder of the terms and conditions shall continue to have full force and effect as if the invalidated term was not present.
32. Should any delay or failure to comply with our obligations under these terms and conditions arise where it is beyond our reasonable control, we will not be responsible to you for such delay or failure.