Auto Spares (Sutton) Limited
Terms and conditions for the supply of goods
Our terms
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What these terms cover. These are the terms and conditions on which we supply goods to you.
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Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide goods to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
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Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
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You are an individual.
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You are buying goods from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
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Provisions specific to consumers only are in green and those specific to businesses only are in blue.
1. Information about us and how to contact us
2. Our contract with you
3. Our goods
4. Your rights to make changes
5. Our rights to make changes
6. Providing the goods
7. Exchange Items
8. Your rights to end the contract
9. How to end the contract with us (including if you are a consumer who has changed their mind)
10. Return of goods
11. Refund
12. Our rights to end the contract
13. If there is a problem with the goods
14. Manufacturer guarantees
15. Your rights in respect of defective goods if you are a consumer
16. Your rights in respect of defective goods if you are a business
17. Price and payment
18. Our responsibility for loss or damage suffered by you if you are a consumer
19. Our responsibility for loss or damage suffered by you if you are a business
20. Other important terms
1. Information about us and how to contact us
1.1 Who we are. We are Auto Spares (Sutton) Limited a company registered in England and Wales. Our company registration number is 01083117 and our registered office is at Autospares Sutton Ltd, New Cross Street, Sutton in Ashfield, Notts, NG17 4EH. Our registered VAT number is 117 0059 07
1.2 How to contact us. You can contact us by telephoning our customer service team at 01159 647 391 or by writing to us at customerservice@suttonautofactors.co.uk
1.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
1.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
2. Our contract with you
2.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
2.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the goods. This might be because the 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 goods or because we are unable to meet a delivery deadline you have specified.
2.3 We only sell to the UK. Our website is solely for the promotion of our goods in the UK. Unfortunately, we do not accept orders from addresses outside the UK.
3. Our goods
3.1 Goods may vary slightly from their pictures. The images of the goods on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the goods. Your goods may vary slightly from those images.
3.2 Packaging of the goods may vary. The packaging of the goods may vary from that shown in images on our website.
4. Your rights to make changes
If you wish to make a change to the goods you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the goods, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
5. Our rights to make changes
5.1 Minor changes to the goods. We may change the goods:
5.1.1 to reflect changes in relevant laws and regulatory requirements; and
5.1.2 to implement minor technical adjustments and improvements. These changes will not affect your use of the goods.
6. Providing the goods
6.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
6.2 When we will provide the goods. We will deliver the goods to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order unless we agree otherwise with you.
6.3 We are not responsible for delays outside our control. If our supply of the goods is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any goods you have paid for but not received.
6.4 If you are not at home when the goods are delivered. If no one is available at your address to take delivery and the goods cannot be posted through your letterbox, our courier might leave you a note informing you of how to rearrange delivery or collect the goods from a local depot, this is out of our control.
6.5 If you do not re-arrange delivery. 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 a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 12.2 will apply.
6.6 When you become responsible for the goods. The goods will be your responsibility from the time we deliver the goods to the address you gave us or you collect it from us.
6.7 When you own goods. You own the goods once we have received payment in full including all applicable delivery charges.
6.8 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the goods to you, for example, your delivery address. If so, this will have been stated in the description of the goods on our website or on the order pages. 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 (and clause 12.2 will apply) 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.
6.9 Reasons we may suspend the supply of goods to you. We may have to suspend the supply of goods to:
6.9.1 deal with technical problems or make minor technical changes;
6.9.2 update the goods to reflect changes in relevant laws and regulatory requirements;
6.9.3 make changes to the goods as requested by you or notified by us to you (see clause 5).
6.10 Your rights if we suspend the supply of goods. We will contact you in advance to tell you we will be suspending supply of the goods, unless the problem is urgent or an emergency. If we have to suspend the goods we will adjust the price so that you do not pay for goods while they are suspended. You may contact us to end the contract for the goods if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 30 days and we will refund any sums you have paid in advance for the goods in respect of the period after you end the contract.
6.11 We may also suspend supply of the goods if you do not pay. If you do not pay us for the goods when you are supposed to (see clause 17.4) and you still do not make payment within seven 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. We will not suspend the goods where you dispute the unpaid invoice (see clause 17.8). We will not charge you for the goods during the period for which they are suspended. As well as suspending the goods we can also charge you interest on your overdue payments (see clause 17.7).
7. Exchange Items
7.1 We may, at its option and sole discretion, credit you for any items provided by you in exchange for goods (“Exchange Items”), provided that:
7.1.1 those items are delivered to us within three months of the date of your Order; and
7.1.2 we receive credit for the Exchange Items from the manufacturer of the goods.
7.2 You shall pay the full price of the goods despite the provision by you of any Exchange Items in relation to those Goods.
7.3 The risk in Exchange Items shall remain with you.
7.4 Any credit for Exchange Items will be made by credit note if and to the extent that we receives a credit for those Exchange Items from the manufacturer of the goods.
7.5 Time for allocation of any credit sums due to you under this clause 7 shall not be of the essence.
7.6 We shall be entitled to deduct and/or set off any amounts due from you and/or any counterclaim or other withholding from any sums payable by us to you.
8. Your rights to end the contract
8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
8.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the goods repaired or replaced or a service re-performed or to get some or all of your money back), see clause 14 if you are a consumer and clause 16 if you are a business;
8.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
8.1.3 If you are a consumer and have just changed your mind about the goods, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods.
8.1.4 In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 8.6.
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at 8.2.1 to 8.2.4 below the contract will end immediately and we will refund you in full for any goods which have not been provided and you may also be entitled to compensation. The reasons are:
8.2.1 we have told you about an error in the price or description of the goods you have ordered and you do not wish to proceed;
8.2.2 there is a risk that supply of the goods may be significantly delayed because of events outside our control;
8.2.3 we have suspended supply of the goods for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
8.2.4 you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most goods bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of:
8.4.1 AIR FLOW SENSORS, AIR MASS SENSORS, AIR TEMP SENSORS, ALTERNATORS, BATTERIES, EGR VALVES, GLOW PLUGS, IDLE CONTROL VALVES, IGNITION COMPONENTS, INJECTION FUEL PUMPS, OXYGEN SENSORS, RELAYS, SPARK PLUGS, STARTER MOTORS, SWITCHES AND SENSORS, THROTTLE POTENTIOMETER, ALL ENGINE MANAGEMENT COMPONENTS, BULBS, TOOLS, ANY SPECIAL ORDERED ITEMS; and
8.4.2 any goods which become mixed inseparably with other items after their delivery.
8.5 How long do consumers have to change their minds? If you are a consumer you have 14 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery.
8.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the goods are delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for goods not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
9. How to end the contract with us (including if you are a consumer who has changed their mind)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
9.1.1 Phone or email. Call customer services on 01159 647391 or email us at return@suttonautofactors.co.uk Please provide your name, home address, details of the order and, where available, your phone number and email address.
10. Return of goods
10.1 Returning goods after ending your contract. If you end the contract for any reason after goods have been dispatched to you or you have received them, you must return them to us. Only authorised returns will be accepted, You must post them back to us at Unit 6, Ventura Court, Lowmoor Business Park, Kirkby in Ashfield, Notts, NG17 7DF. Please call customer services on 01159 647391 or email us at return@suttonautofactors.co.uk for a Returns Note Number (GRN Number). If you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
10.2 When we will pay the costs of return. We will pay the costs of return:
10.2.1 if the goods are faulty or misdescribed;
10.2.2 if you are ending the contract because we have told you of an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong
10.2.3 In all other circumstances [(including where you are a consumer exercising your right to change your mind)] you must pay the costs of return.
10.3 What we charge for collection. If you are responsible for the costs of return and we are collecting the goods from you, we will charge you the direct cost to us of collection.
11. Refund
11.1 How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the goods including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
11.2 When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind:
11.2.1 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
11.2.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of goods within 2-3 days at one cost but you choose to have the goods delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
11.3 When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then if we are not collecting the goods, your refund will be made within 14 days from the day on which we receive the goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the goods back to us. For information about how to return the goods to us, see clause 10.
12. Our rights to end the contract
12.1 We may end the contract if you break it. We may end the contract for the goods at any time by writing to you if:
12.1.1 you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
12.1.2 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, for example, your delivery address; or
12.1.3 you do not, within a reasonable time, allow us to deliver the goods to you or collect them from us.
12.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 12.1 we will refund any money you have paid in advance for goods we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
13. If there is a problem with the goods
How to tell us about problems. If you have any questions or complaints about the goods, please contact us. You can telephone our customer service team at 01159 647391 or write to us at customerservice@suttonautofactors.co.uk
14. Manufacturer guarantees
14.1 Where we are not the manufacturer of the goods, we shall use reasonable endeavours to transfer to you the benefit of any warranty or guarantee given to us.
14.2 If you are a consumer, a manufacturer's guarantee is in addition to your legal rights in relation to goods that are faulty or not as described. See clause 15 for more information on your legal rights in relation to the goods.
15. Your rights in respect of defective goods if you are a consumer
15.1 If you are a consumer we are under a legal duty to supply goods that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the goods. Nothing in these terms will affect your legal rights.
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Summary of your key legal rights This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 040506. The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your goods your legal rights entitle you to the following: Up to 30 days: if your goods are faulty, then you can get an immediate refund. Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases. Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back. See also clause 8.3. |
15.2 Your obligation to return rejected goods. If you wish to exercise your legal rights to reject goods you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 01159 647391 or email us at return@suttonautofactors.co.uk for a return label or to arrange collection.
16. Your rights in respect of defective goods if you are a business
16.1 If you are a business customer, unless otherwise agreed in writing by us, we give no other warranty or guarantee in respect of the goods.
16.2 Subject to clause 16.3, if the goods fail to comply with any warranty we give in respect of the goods, we shall at our option repair or replace the defective goods, or refund the price of the defective goods in full provided that you:
16.2.1 you give us notice in writing within a reasonable time of discovery that the goods do not comply with any warranty we may give;
16.2.2 we are given a reasonable opportunity of examining such goods; and
16.2.3 you return such goods to us.
16.3 We will not be liable for a good’s failure to comply with any warranty we may give if:
16.3.1 You make any further use of such goods after giving a notice in accordance with clause 16.2.1;
16.3.2 the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the goods or (if there are none) good trade practice;
16.3.3 the defect arises as a result of us following any drawing, design or specification supplied by you;
16.3.4 you alter or repair the goods without our written consent; or
16.3.5 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
16.4 Except as provided in this clause 16, we shall have no liability to you in respect of a good’s failure to comply with any warranty we may give.
16.5 These terms shall apply to any repaired or replacement goods supplied by us under clause 16.2.
17. Price and payment
17.1 Where to find the price for the goods. The price of the goods (which includes VAT) will be the price indicated on the order pages when you placed your order. We take reasonable care to ensure that the price of the goods advised to you is correct. However please see clause 17.3 for what happens if we discover an error in the price of the goods you order.
17.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the goods, 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.
17.3 What happens if we got the price wrong. 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 so that, where the good’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the good’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
17.4 How you must pay. We accept payment with Paypal and Sage Pay.
17.5 When you must pay. You must pay for the goods and all applicable delivery charges before we dispatch them. We will not charge your credit or debit card until we dispatch the goods to you.
17.6 Your right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
17.7 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time, but at 4% a year for any period when that base rate is below 0%. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
17.8 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
18. Our responsibility for loss or damage suffered by you if you are a consumer
18.1 We are responsible to you for foreseeable loss and damage caused by 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 breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
18.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the goods as summarised at clause 15.1.
18.3 We are not liable for business losses. If you are a consumer we only supply the goods for to you for domestic and private use. If you use the goods for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 19.
19. Our responsibility for loss or damage suffered by you if you are a business
19.1 Nothing in these terms shall limit or exclude our liability for:
19.1.1 death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
19.1.2 fraud or fraudulent misrepresentation;
19.1.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
19.1.4 defective goods under the Consumer Protection Act 1987; or
19.1.5 any matter in respect of which it would be unlawful for us to exclude or restrict liability.
19.2 Except to the extent expressly stated in clause 16.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
19.3 We rely on the standard marketing material supplied by manufacturers of goods to match the goods with your requirements as specified in your order. We cannot therefore make any representation as to the suitability or fitness for purpose of any of the goods for use with a particular vehicle and it is your responsibility to ensure that the goods are suitable for use with the intended vehicle prior to use. For the avoidance of doubt, and subject to clause 19.1 we shall have no liability for any loss, damage, costs or expenses that you may suffer as a result of fitting or using goods with a non-compatible vehicle, notwithstanding that details of the vehicle may have been provided in the order.
19.4 Subject to clause 19.1:
19.4.1 We shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
20. Other important terms
20.1 We may transfer this agreement to someone else. 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 contract.
20.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
20.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
20.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs 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.
20.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do 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. For example, if you miss a payment and we do not chase you but we continue to provide the goods, we can still require you to make the payment at a later date.
20.6 If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
20.7 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the goods in the English courts. If you live in Scotland you can bring legal proceedings in respect of the goods in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the goods in either the Northern Irish or the English courts.
20.8 Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
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