Terms & Conditions
NOTICE:
The following terms and conditions apply to anyone logging on to www.wolfsburgclassicparts.co.uk and www.wolfsburgclassicparts.com and making any use of any of these websites including any transactions. Please read these terms and conditions carefully.
BY ACCESSING THIS SITE AND ANY PAGES THEREOF, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS BELOW, DO NOT ACCESS THIS SITE, OR ANY PAGES THEREOF. IF YOU HAVE ANY DOUBTS ABOUT YOUR RIGHTS AND OBLIGATIONS RESULTING FROM THE ACCEPTANCE OF THIS AGREEMENT, PLEASE CONSULT A LAWYER IN YOUR JURISDICTION.
Our Privacy Statement about your information should be read in conjunction with the terms and conditions below.
1. DEFINITIONS
1.1. In these Terms and Conditions the following words have the following meaning unless the context requires otherwise:
- "Agreement" means the agreement between the User and Wolfsburg Classic Parts Limited [incorporating these Terms and Conditions for the provision of the Service];
- "The User" is anyone logging onto the website (including any transactions);
- "Intellectual Property Rights" means all registered and unregistered trade marks, database rights, copyrights, design rights whether registered or not, patents and any other similar rights wherever existing in the world together with the right to apply for protection of the same;
- "Wolfsburg Classic Parts Limited" [WCPL] means Wolfsburg Classic Parts Limited, a company incorporated in England;
- "Liability" means the liability for any and all damages, claims, proceedings, actions, awards, expenses, costs and any other losses or liabilities;
- "Web Site" means the web site at URL's www.wolfsburgclassicparts.co.uk and www.wolfsburgclassicparts.com (and any such other URL that Wolfsburg Classic Parts Limited may use to provide the Service );
1.2. Unless the context otherwise requires, words in the singular include the plural and vice versa and words in one gender include any other gender.
2. ELIGIBILITY
2.1. By accepting these conditions the Applicant warrants and represents to Wolfsburg Classic Parts Limited that the Applicant is over the age of consent and old enough in the respective jurisdiction to carry out transactions;
3. CONTRACT BASIS
3.1. This is a legally binding agreement between the User and Wolfsburg Classic Parts Limited for the provision of the Service.
3.2. The Terms and Conditions of use shall govern the Agreement between the User and Wolfsburg Classic Parts Limited to the exclusion of any other terms or conditions. The User agrees to abide by these Terms and Conditions as set out in this Agreement and any other terms and conditions as amended by Wolfsburg Classic Parts Limited from time to time at Wolfsburg Classic Parts Limited's full discretion.
3.3. The Terms and Conditions as amended by Wolfsburg Classic Parts Limited from time to time supersede all other terms and conditions and shall replace any terms and conditions previously notified to the User.
3.4. Wolfsburg Classic Parts Limited reserves the right to vary the Terms and Conditions at any time. If Wolfsburg Classic Parts Limited in its full discretion decides to vary the Terms and Conditions, any such updated Terms and Conditions will be posted on the Web Site from time to time as applicable.
3.5. Wolfsburg Classic Parts Limited employees, including sub-contractors and agents of Wolfsburg Classic Parts Limited are not authorised to make any representations or warranties concerning the Service unless confirmed by Wolfsburg Classic Parts Limited in writing.
3.6. The User acknowledges that he or she does not rely on any representation and/or any warranty that has not been made in accordance with these Terms and Conditions.
3.7. All users of Wolfsburg Classic Parts Limited must pay any stipulated Post and Packing charges as appropriate. If the incorrect selection is made, Wolfsburg Classic Parts Limited has the right to charge the correct charges against the person supplying the details.
4. PRICE AND PAYMENT
4.1. The price of the products shall be as shown on the Web Site from time to time. Any changes in prices for the Service will be shown on the Web Site.
4.2. The prices are inclusive of any applicable VAT and any details given in relation to exchange rates are approximate only and may vary from time to time.
4.3. The User shall pay all sums due to Wolfsburg Classic Parts Limited under this Agreement by means of the payment specified on the Web Site and without any set-off, deduction, counterclaim or any other withholding of monies. Wolfsburg Classic Parts Limited has the right to pass on any bank charges incurred in processing the User's payment.
4.4. Until Wolfsburg Classic Parts Limited has received cleared funds in respect of the full amount outstanding, payment shall not be deemed to be made.
4.5. After 14 days all monies paid by the User to Wolfsburg Classic Parts Limited are non-refundable. A cancellation or termination of this Agreement by the User or Wolfsburg Classic Parts Limited at any time for any reason will not entitle the User to a refund of monies paid.
5. INTELLECTUAL PROPERTY RIGHTS AND CONFIDENTIALITY
5.1. All Intellectual Property Rights in the Service shall be owned by Wolfsburg Classic Parts Limited.
5.2. Except where such information is public knowledge or it is required to be disclosed by law, Wolfsburg Classic Parts Limited will use its reasonable commercial endeavours to keep confidential the User's personal details such as full geographical address, e-mail address and credit or debit card number(s) (where relevant) and will not disclose such information.
6. SHOPPING MERCHANDISE
Order Process
6.1. All orders placed on this website for merchandise will be subject to acceptance in accordance with these terms and conditions.
6.2. Acceptance of your order and the completion of the contract between you and us will take place when we have despatched the products ordered (unless we have notified you that we do not accept your order or you have cancelled it).
6.3. Please print out these terms and conditions for your own records.
Delivery
6.4. Delivery charges and estimated timescales are specified in the relevant section and also when you place an order. We make every effort to deliver goods within the estimated timescales, but delays are occasionally inevitable due to unforseen factors. Wolfsburg Classic Parts Limited shall be under no liability for any delay or failure to deliver the products within estimated timescales.
6.5. Risk of loss and damage of products passes to you on the date when the products are delivered or on the date of the first attempted delivery by us.
Payment
6.6. We take payment from your card at the time we receive your order, after we have checked your card details and stock availability. Goods are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods. If you order outside of the UK, by ordering you agree to be charged in the currency which we deem to be most suitable. In the US this will be American dollars. In the EU it will be euros. In both instances you must use the currency converter on the website if applicable.
Outside of these areas you will be asked to pay in US dollars.
6.7. The price you pay is the price displayed on the website plus the specified cost of postage and packing at the time we receive your order, apart from the following exception: Although we try to ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and you will then have the option of reconfirming your order at the correct price or cancelling it. If we are not able to contact you we will regard the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
6.8. Title to any products you order on our website shall pass to you on delivery of the products provided that we have processed and received payment in full for the products.
6.9. All prices include VAT (where applicable) at the applicable current rates but exclude delivery charges, unless expressly stated otherwise.
Returns, Cancellations and Substitutions
6.10. We offer a 14 day money back guarantee. Please refer to Returns and refunds below. In the unlikely event that you receive faulty or damaged goods, please refer to our Returns and Refunds section.
6.11. Sometimes the product specifications may change at short notice, or not be in accord with your preferences in which case we will do our best to offer you a substitute of the same or better quality at the same price. If you are not happy with the replacement you can return it in accordance with our 14 day money back guarantee. Where applicable, you may cancel your order in accordance with your rights under the Distance Selling Regulations.
6.12. All sizes and measurements are approximate but we do try to make sure that they are as accurate as possible.
6.13. Returns and Refunds: We want you to be totally satisfied with every purchase you make from Wolfsburg Classic Parts Limited. It is our aim to offer you quality and value at all times.
Please make sure that you check your items carefully before they are used. We also recommend that you keep your receipt or order number, which can be found on your order confirmation or on the delivery packaging, as you might need it as proof of purchase in the event of any after-sales queries.
Under the Distance Selling Regulations, you have a right to cancel your order for any item purchased on this website for a full refund. To cancel, you can email us or write to us within fourteen days of delivery of your item(s), quoting your order number. You must take reasonable care of the item(s) and must not use them.
Returns Procedure
6.14. If, for any reason, you are not completely happy with your purchase you can return them to the address given with the order within 14 days of delivery, unused in their original packaging, together with the receipt or order number (which can be found on your order acknowledgement or delivery packaging). We will not accept responsibility for items that you send that get lost in the post.
All items returned to Wolfsburg Classic Parts Limited must have a Return Material Authorization (RMA) number which must accompany any returned goods. Please visit the Returns section on our website to obtain an RMA number. Goods returned without an RMA will not be processed.
If the item is returned unopened in the original box, we will exchange it or offer you a refund based on your original method of payment. The product must be returned to our warehouse within 14 calendar days of the issuance of the RMA number. All products must be packed in the original, unmarked packaging that shipped with the product.
7. GUARANTEE
7.1. Products are provided in their current form and Wolfsburg Classic Parts Limited does not guarantee that product will meet the User's requirements, purpose or expectations.
7.2. Wolfsburg Classic Parts Limited does not warrant that any of the information is accurate.
7.3. Wolfsburg Classic Parts Limited does not provide any warranty in respect of the products, availability, or uninterrupted use of the Service.
8. LIMITATIONS ON LIABILITY
8.1. Wolfsburg Classic Parts Limited shall have no Liability for any defect in the products caused or contributed to by the User or any other third party.
8.2. Wolfsburg Classic Parts Limited shall have no Liability to the User if any monies owed by the User to Wolfsburg Classic Parts Limited have not been paid in full by the due date for payment.
8.3. The User shall give Wolfsburg Classic Parts Limited a reasonable opportunity to remedy any matter for which Wolfsburg Classic Parts Limited are liable before the User incurs any costs or expenses in remedying the matter. If the User does not do so, then Wolfsburg Classic Parts Limited shall have no Liability to the User.
8.4. The User shall produce to Wolfsburg Classic Parts Limited written evidence of any claims for which it is alleged that Wolfsburg Classic Parts Limited are liable together with written details of how any loss was caused by Wolfsburg Classic Parts Limited and the steps the User have taken to mitigate the loss before Wolfsburg Classic Parts Limited shall have any Liability for the claim by the User.
8.5. Wolfsburg Classic Parts Limited shall have no Liability to the User to the extent that the User is covered by any policy of insurance and the User shall ensure that his or her insurers waive any and all rights of subrogation they may have against Wolfsburg Classic Parts Limited.
8.6. Wolfsburg Classic Parts Limited shall have no Liability to the User arising out of the User's use of the website or products or the User's reliance on any information or other material used by Wolfsburg Classic Parts Limited.
8.7. Wolfsburg Classic Parts Limited shall have no Liability to the User for any:-
- consequential losses (including but not limited to loss of profits, damage to goodwill, damage to reputation, loss of data, loss of programs or service interruptions);
- economic or other similar losses; and/or
- special damages and indirect losses;
8.8. The User shall be under a duty to mitigate any loss, damage, costs or expenses that the User may suffer.
8.9. Wolfsburg Classic Parts Limited's total Liability to the User under or arising in relation to any Contract shall not exceed 7 times the amount paid by the User for the Service (if any) under that Contract.
8.10. Each of the limitations or exclusions in this Agreement shall be deemed to be repeated and apply as a separate provision for each of:
- Liability for breach of contract;
- Liability in tort (including negligence); and
- Liability for breach of statutory duty;
except clause 8.10 above which shall apply once only in respect of all the said types of Liability.
8.11. Nothing in this Agreement shall exclude or limit Wolfsburg Classic Parts Limited's Liability for death or personal injury due to Wolfsburg Classic Parts Limited's negligence or any Liability which is due to Wolfsburg Classic Parts Limited's fraud or any other Liability which Wolfsburg Classic Parts Limited are not permitted to exclude or limit as a matter of law.
8.12. Nothing in this Contract shall exclude or limit any of the User's statutory rights which may not be excluded or limited due to the User acting as a consumer.
8.13. Wolfsburg Classic Parts Limited shall have no Liability to the User for any delay in performance of this Service or any other matters to the extent that such events and/or matters are due to any events outside Wolfsburg Classic Parts Limited's reasonable control including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.
9. INDEMNITY
The User agree to indemnify and keep indemnified Wolfsburg Classic Parts Limited against any and all losses, proceedings, lost profits, damages, awards, expenses, costs (including but not limited to increased administration costs and legal costs on a full indemnity basis), claims, actions and any other losses and/or liabilities suffered by Wolfsburg Classic Parts Limited and arising from or relating to the User's use of the Service, information or products or arising from or due to any breach of contract, any tortuous act or omission or any breach of statutory duty by the User.
10. GENERAL
10.1. All third party rights are excluded and no third parties shall have any right to enforce this Agreement.
10.2. No waiver by Wolfsburg Classic Parts Limited of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same provision or any other provision.
10.3. This Agreement contains the entire agreement between the User and Wolfsburg Classic Parts Limited. If any provision of this Agreement is held by any competent court or authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this Agreement and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.
10.4. This Agreement is governed by and interpreted in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the English courts.