Terms & Conditions of Sale with Post 46 Crewe Parts
No part of this website may be reproduced for commercial purposes without expressed written permission of Pride & Joy Classic Cars Limited. Great care has been taken to ensure website material is accurate. However Pride & Joy Classic Cars Limited / Post 46 Crewe Parts shall not accept any liability to any person or losses to any person howsoever arising including but not limited to consequential losses.
We Reserve to right to:
- Modify or withdraw, temporarily or permanently, the website (or any part of it) with or without notice and you confirm we shall not be liable to you or any third party for any modification or withdrawal of the website.
- We will use our reasonable endeavours to maintain the website.
- You will not be eligible for any compensation if you cannot use any part of the website or due to a failure, suspension or withdrawal of all or part of the website due to circumstances beyond our control.
- Representation of goods/services does not guarantee availability. Pictures used are for illustrative purposes only and details are subject to change.
- Regarding your personal information: We will not pass on any information to third party organisations.
1. These Terms
- These are the terms and conditions (Terms) on which we sell vehicles parts and other goods (Goods) to you.
- Please read these Terms carefully before you submit your order to us. These terms tell you who we are, how we provide the goods to you, how you and we may change the contract, what to do if there is a problem and other important information.
- In certain areas of these Terms, you will have different rights depending on whether you are a business or a consumer.
- You are a consumer if:
- You are an individual (i.e. not a limited company or a limited liability partnership) and
- You are buying Goods form us wholly or mainly for your personal use (not in connection with your trade, business, craft or possession).
- We only supply mechanically based parts to the motor trade. Automobilia, books, accessories may be purchased by consumers.
- These terms apply to the contract between you and us to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2. Information, About us and How to Contact Us
Post 46 Crewe Parts are a division Pride & Joy Classic Cars Limited, a company registered in England and Wales. Our company registration number is 04429226 and our registered office is at:
3 The Cordwainers, Temple Farm Industrial Estate, Southend-on-Sea, Essex, SS2 3RU.
3. If you are a Business Customer
Clause 3 only applies if you are a business.
- If you are not a consumer, you confirm that you have the authority to bind any business on whose behalf you purchase Goods from us.
- These Terms and any document expressly referred to in them constitutes the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
- You acknowledge that in entering into this contract, you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently)that is not set out in these Terms or any document expressly referred to in them.
- Accordingly, any descriptive material or advertising provided by us is produced for the sole purpose of giving an approximate idea of the Goods and shall not form part of the contract or have any contractual force.
- You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this contract.
- To the extent you resell any Goods, you shall maintain appropriate, up-to-date and accurate records to enable the immediate recall of any Goods or batches of Goods from the retail of wholesale markets.
4. If you are a Consumer
Clause 4 only applies if you are a consumer
- We will not supply any mechanical parts to you.
- If you are a consumer, you may only purchase non-mechanically based parts/goods from us if you are at least 18 years old. By submitting an order for Goods you agree and confirm that you are at least 18 years old. If you are underage, please do not attempt to order Goods from us (whether through our website or otherwise).
- Where you are a consumer you may have additional cancellation rights to cancel a contract between us. Please see schedule 1 for full details of those rights and how you may exercise them.
- Because you are a consumer, we are under a legal duty to supply goods that are in conformity with this contract. As a consumer you have legal rights in relation to Goods that are faulty or not as described. These legal rights are not affected by any right to cancel you may have under Schedule 1 or anything else in these Terms.
5. Our Contract with you
- Our acceptance of your order will take place when we email you to accept it or where you order with us in person when we are able to provide you with the Goods, at which point a contract will come into existence between you and us in accordance of these Terms.
- If we are unable to accept your order, we will inform you of this in writing or in person and will not charge you for the Goods. This might be because the relevant 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 product or because we are unable to meet a delivery deadline you have specified.
- Any quotation given by us shall not constitute an offer, and is only valid for a period of 30 days from its date of issue.
- 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.
6. Goods
- We may from time to time use specimen/generic pictures or photos of similar parts on our website to illustrate equivalent Goods we have for sale (Example Pictures). We will make it clear on the relevant listing where we have used Example Pictures which for the avoidance of doubt are provided only to give you an approximate indication of the type of Goods for sale and do not represent the actual Goods that you may receive or their condition.
7. Our Rights to make Changes
- We may amend these Terms form time to time.
- Every time you order Goods from us, the Terms in force at the time of your order will apply to the contract between you and us.
- We may change goods:
- to reflect changes to relevant laws and regulatory requirements; and
- to implement minor technical adjustments and improvements which do not materially change the main characteristics or functionality of the Goods.
- If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the contract if you are not happy with the changes. You may cancel either in respect of all the affected Goods or just the Goods you are yet to receive. If you opt to cancel, you will have to return any relevant Goods you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
8. Delivery and Supply of Goods
- The costs of delivery will be as advised to you before you place your order.
- Occasionally our delivery to you may be affected by an event outside our control.
- If you have asked to collect the Goods form our premises, you can collect them from us at any time during our working hours after we have notified you that the Goods are ready for collection.
- If no one is available at your address to take delivery and the Goods cannot be posted through your letterbox, the relevant courier will leave you a note informing you of how to rearrange delivery or collect the Goods.
- 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 the relevant courier and the Goods are returned to us, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If despite our efforts, we are unable to contact you or rearrange delivery or collection then we may end the contract and charge you reasonable compensation for our costs and/or losses.
- The goods will be your responsibility from the time we deliver them to the address you gave us or you (or a courier organised by you) collect it from us.
- You own the Goods once we have received payment in full (including any delivery charges).
- If you order Goods for delivery outside the United Kingdom, then your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. please note that we have no control over these charges and we cannot predict their amount. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
- You must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable or responsible if you break any such law.
- We may need certain information from you so that we can supply the Goods to you, If so, this will have been told to you. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Goods late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
- We will contact you in advance to tell you we will be suspending supply of the relevant Goods.
- If you do not pay us for the Goods when you are supposed to and you still do not make payment within 2 days of us reminding you that payment is due, we may suspend supply of the Goods until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Goods.
- If we fail to deliver the Goods within 30 days then you may cancel your order straight away if any of the following apply:
- we have refused to delivery the Goods;
- delivery within the delivery deadline was essential (taking into account all the relevant circumstances);
- you advised us before we accepted your order that delivery within the delivery deadline was essential.
- If you do not wish to cancel your order straight away, or do not have the right to do so, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your order if we do not meet the new deadline.
- If you do choose to cancel your order for late delivery, you can do so for just some of the Goods or all of them, unless splitting them up would significantly reduce their value. If the Goods have been delivered to you, you will have to return them to us or allow us to collect them. After you cancel your order, we will refund any sums you have paid to us for the cancelled goods.
9. Our Rights to End the Contract
- We may end the contract for Goods at any time by writing to you if:
- you do not make any payment to us when it is due and you still do not make payment within 2 days of us reminding you that payment is due;
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Goods;
- you do not within a reasonable time, allow us to deliver the Goods to you or collect them from us.
- If we end the contract in the situations above, we will refund any money you have paid in advance for Goods which we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of you breaking the contract.
- We may write to you to let you know that we are going to stop providing the Goods. We will let you know at least 5 days in advance of our stopping the supply of the Goods and will refund any sums you have paid in advance for Goods which will not be provided.
10. Price and Payment
- The price of the relevant Goods (which excludes VAT) will be the price quoted to you or stated on our website. We take all reasonable care to ensure that the price of the relevant Goods advised to you is correct. However if we discover an error in the price of the Goods you order.
- If the rate of VAT changes between your order date and the date we supply the product, 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.
- 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.
- We accept payment by direct bank transfer. You must pay for the Goods before we despatch them. Payment must be made in full and in cleared funds to a bank account nominated in writing by us, and time for payment shall be of the essence of the contract.
- If you do not make any payment to us by the due date, we will not despatch the goods.
- If you think an invoice is wrong, please contact us promptly to let us know.
11. Our Warranty for Goods
- We are unable to provide a warranty on the majority of the goods due to the time the goods have been held in stock. Our goods are sold on an “as seen” basis, unless otherwise stated.
- 3 months for Goods which are used parts and carry a warranty (Warranty Period). The goods shall be free from material defects.
- The warranty does not apply to any defect in the Goods arising from:
- failure to fit the Goods in accordance with the relevant manufacturer’s instructions and guidelines;
- fair wear and tear;
- wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party (including but not limited to insufficient servicing);
- any failure by you or a third party to maintain, operate or use the Goods in accordance with the user instructions;
- any alteration or repair by you or by a third party
Subject to the above clause if:
- you give us notice in writing during the relevant Warranty Period within a reasonable time of discovery that any Goods do not comply with the warranty set out in clause 11.2
- we are given a reasonable opportunity of examining such Goods or (at our request) you provide reasonable photographic evidence of the alleged defect(s); and
- you (at our request) return such Goods to our place of business at your cost,
- We shall, at our sole option, repair or replace the defective Goods or refund the price of the defective Goods in full.
- We may in our sole discretion replace any alleged faulty Goods following notice provided by you before we have received and examined the alleged faulty Goods. We shall however be entitled
- to charge you for any replacement Goods (including any delivery costs etc) to the extent that:
- we reasonably determine that the alleged faulty Goods do comply with the warranty outlined above or that any fault has occurred because of your failure to comply with clause 11.5; or
- the alleged faulty Goods are not received by us within 14 days of us sending such replacement Goods.
- These terms shall apply to any repaired or replacement Goods supplied by us save that the Warranty period shall commence from the delivery of the original Goods supplied to you.
- If you are a consumer, this warranty is in addition to, and does not affect, your legal rights in relation to Goods that are faulty or not as described.
12. Our Liability if you are a Business
This clause only applies if you are a business.
- Nothing in these Terms limits or excludes our liability to the extent that would be unlawful in any relevant jurisdiction nor for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
- defective products under the Consumer Protection Act 1987.
- Subject to clause 12.1, we will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, rising under or in connection with the contract for:
- any loss of profits, sales, business, or revenue;
- loss or corruption of data, information or software;
- loss of business opportunity;
- loss of anticipated savings;
- loss of goodwill; or
- any indirect or consequential loss.
- Subject to clause 12.1, our total liability to you in respect of all losses arising under or in connection with the contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the amount paid for the relevant Goods.
- Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Goods are suitable for your purposes.
13. Our Liability if you are a Consumer
This clause only applies if you are a consumer.
- You will clearly identify yourself as a consumer via the initial method of contact with 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 breach of these Terms or our negligence, but we are not responsible
- for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
- We only supply the Goods for domestic and private use. You agree not to use the Goods for any commercial business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- Notwithstanding anything in these terms, we do not in any way exclude or limit our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- defective products under the Consumer Protection Act 1987; or
- any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
14. Events Outside our Control
- We will not be liable or responsible for any failure to perform or delay in performance of, any of our obligations under the contract that is caused by an Event Outside Our Control. An Event
- Outside Our Control is defined below.
- An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, failure of our third party suppliers, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- If an Event Outside Our Control takes place that affects the performance of our obligations under a contract:
- we will contact you as soon as reasonably possible to notify you; and
- our obligations under a contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside our
- Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
- You may cancel a contract affected by an Event Outside our Control which has continued more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost)
- any relevant Goods you have already received and we will refund the price you have paid, including any delivery charges.
15. Other Important Terms
- We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contracts. If you are unhappy with the transfer, you may contact us to end the contract within 7 days of us telling you about it and we will refund you any payments you have made in advance for Goods not provided.
- You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
- This contract is between you and us. No other person shall have any rights to enforce any of its terms.
- Each of the clauses 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.
- If we do not insist immediately that you do anything, you are required to do so 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.
- These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.
- If you live in Scotland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
