Terms & Conditions
Terms And Conditions For Use Of This Site
Please read these terms and conditions carefully, they contain important information about your rights and obligations
1.1 Please read these terms and conditions carefully before using the web site operated by Evolution Automotive Components Limited (“Evolution”). In particular, we draw your attention to clauses 8 and 12. By clicking on the ‘I Accept’ button at the bottom of these terms and conditions or by accessing or using Evolution’s website (www.shop4autoparts.net) (‘our web site’) you agree to be legally bound by these terms and conditions as they may be modified and posted on our web site from time to time.
1.2 Without prejudice to the above, by using or accessing our web site, you agree to be legally bound by these terms and conditions of use as they apply to your use of or access to our web site and any goods order shall be supplied pursuant to the terms and conditions of sale attached at Schedule 1 hereto (“the Terms and Conditions of Supply”). In the event of any conflict between the Terms and Conditions of Supply and these Website Conditions these Website Conditions shall apply.
1.3 If you do not wish to be bound by these terms and conditions then you may not use our web site.
2. Nature of our web site
2.1 Our web site is a place for you to select and order parts for cars (the ‘Products’). Our web site describes the Products in more detail.
2.2 Please note that the contents of our web site are aimed at users aged 18 and above, but you must be over 18 years to purchase the Products, using the payment method displayed on our web site.
3. Buying Products on our web site
3.1 To order a product you will need to follow the ordering procedures set out on our order page. This will include accepting that any goods ordered or products supplied will be supplied pursuant to the Terms and Conditions of Supply.
3.2 Details of our prices for the Products, and the procedures for payment and delivery are displayed on our web site. You must pay by credit or debit card, or by Paypal at the time of order. The price of any Product is the price in force at the date and time of your order. We may change the price of any Product before you place an order. We try to ensure that our prices displayed on our web site are accurate but the price on your order will need to be validated by us as part of the acceptance procedure (see clause 3.3 below). We will inform you if a Product’s correct price is higher than that stated in your order and you may cancel the order and decide whether or not to order the product at the correct price.
3.3 Evolution is entitled to refuse any order placed by you. If your order is accepted, we will confirm acceptance to you by online electronic means (‘Confirmation’) to the email address you have given us either on registration or on ordering. The order will then be fulfilled by the date set out in the Confirmation or, if the Confirmation does not contain such a date, within 30 days.
3.4 If the Product you ordered is unavailable, we may provide to you a substitute of an equivalent quality and price (‘Substitute Product’).
3.5 You undertake that all details you provide to us for the purpose of purchasing goods or services which may be offered by us on our web site will be correct, that the credit or debit card, or any electronic cash, which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any goods or services. We reserve the right to obtain validation of your credit or debit card details or verification of the authenticity and ownership of your Paypal account before providing you with any goods or services.
4.1 [You may return any Products you have purchased within 7 working days of delivery for any reason (including if you simply change your mind). To do so you must notify us in writing or other durable medium (including email) within those 7 working days. You will then be entitled to a refund from Evolution, which will be paid as soon as possible, but in any event within 30 days. You must arrange for and pay the costs of returning the Products to Evolution – on request, we will collect the Products from you, but the cost of this will be charged to you and we may deduct this from the refund. While in your possession, you must keep any Products you intend to return to us in good condition.]
§ the Product delivered is not what you ordered (including any Substitute Products); or
§ the Product delivered is not of a satisfactory quality;
Evolution will, at its option, deliver to you a replacement Product or refund to you the price paid and your reasonable costs of returning the Products.
4.3 If you have any complaints, you should direct them to us via email at email@example.com or by post at Unit 1, 17 Lythalls Lane, Foleshill, Coventry, CV6 6FN.
5. Modifications to web site
We reserve the right to alter, suspend or discontinue any aspect of our web site or the content or services available through it, including your access to it. Unless explicitly stated any new features including new content, and/or the sale of new Products shall be subject to these terms and conditions.
6. Information you provide
6.1 The following applies to any information you provide to us, for example during any registration or ordering process:
6.2 By accepting these terms and conditions, you agree to the processing and disclosure of the Personal Information for the Purposes. You also agree that the Purposes may be amended to include other uses or disclosures of Personal Information following notification to you by means of a notice on our web site, which you should check regularly. If you would like to review or modify any part of your Personal Information then you should email us at firstname.lastname@example.org.
6.3 In addition, the following also applies to all messages, e-mails, bulletin boards postings, ideas, suggestions, concepts or other material submitted by you to us (‘Content’):
- you must own or have the right to submit Content for publication on our web site;
- you must ensure that all Content submitted to us does not infringe the copyright, design, privacy, publicity, data protection, trade mark or any other rights of any third party, nor be obscene, abusive, threatening, libellous or defamatory of any person or be otherwise unlawful; and
- we have the right to monitor Content and may edit, reject or remove Content if we believe it does not comply with the above and, in particular, we reserve the right to block incoming e-mails and other Content if we believe that their content is or may be inappropriate or otherwise does not comply with the above.
6.4 You grant us a non-exclusive, irrevocable, royalty free, worldwide licence to publish all Content that you submit to us except any portion of the Content that is Personal Information. You have sole responsibility for the Content which you submit to us and you shall indemnify and shall keep us fully and effectively indemnified on demand from and against all losses and liabilities (including legal costs and expenses) suffered or incurred by us and arising directly or indirectly out of the publication of Content submitted by you to us.
You are solely responsible in all respects for all use of and for protecting the confidentiality of any username and password that may be given to you or selected by you for use on our web site. You may not share these with or transfer them to any third parties. You must notify Evolution immediately of any unauthorised use of them or any other breach of security regarding our web site that comes to your attention.
8. Applicability of Online Materials
8.1 Unless otherwise specified the materials published on our web site are presented solely for your private, personal and non-commercial use.
8.2 Our web site is controlled and operated by us from our offices in Coventry. Where content published on the web site is supplied by third parties, you understand that we do not control or endorse their contents in any way. All content which is offered by third parties that are not affiliated with or otherwise connected with us, is published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on or off-line) and the use of such content, except for content which relates directly to Products you purchase. You assume total responsibility and risk for your use of our web site and use all information contained within it.
8.3 We have used our best endeavours to ensure that our web site complies with UK law. However, we make no representations that the materials on our web site are appropriate or available for use in locations outside the United Kingdom.
8.4 Evolution makes no warranties, express or implied that making the Products available in any particular jurisdiction outside the UK is permitted under any applicable non-UK laws or regulations. Accordingly, if making the Products or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those Products are not offered for sale to you. You accept that if you are resident outside the UK, you must satisfy yourself that you are lawfully able to purchase the Products. Evolution accepts no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or relating to the purchase or attempted purchase of the Products by persons in jurisdictions outside the UK or who are nominees of or trustees for citizens, residents or nationals of other countries.
9. Copyright and Monitoring
The contents of our web site are protected by international copyright laws and other intellectual property rights. The owner of these rights is Evolution or other third party licensors. All product and company names and logos mentioned in our web site are the trade marks, service marks or trading names of their respective owners, including us. You may download material from our web site for the sole purpose of placing an order with Evolution or using our web site as a shopping resource. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or down loaded from our web site including but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited to do so, for example in order to complete any test or questionnaire.
10. Linked Sites
Evolution makes no representations whatsoever about any other web sites which you may access through our web site or which may link to our web site. When you access any other web site you understand that it is independent from Evolution and that we have no control over the content or availability of that web site. A link to any other site does not mean that Evolution endorses or accepts any responsibility for the content, or the use of, such a web site and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other web or resource. Any concerns regarding any external link should be directed to its web site administrator or web master.
11. Availability of our web site
We will try to make our web site available but cannot guarantee that our web site will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our web site and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, web site, router or any other internet connected device.
12.1 We promise that all Products you purchase from our web site will be of satisfactory quality. We exclude all other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to the products, our web site or any information or service provided through our web site. We will do our best to ensure that all materials and information published on our web site are accurate, but please note that all materials and information on our web site are provided on an ‘as is’ basis.
12.2 In relation to the purchase of Products, we accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect), howsoever caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our web site or its contents other than as a direct result of purchasing Products, we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on the part of Evolution or our servants, agents or any other person.
12.3 If we are liable to you for any reason, our liability will be limited to the amount paid by you for the Product concerned. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence.
12.4 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our web site and is compatible with our web site. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our web site will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
12.5 The limitations and exclusions in this clause 12 only apply to the extent permitted by applicable law.
13.1 We may assign, novate or subcontract any or all of our rights and obligations under these terms and conditions at any time.
13.2 We may alter these terms and conditions from time to time and post the new version on our web site, following which all use of our web site will be governed by that version. You must check the terms and conditions on the web site regularly.
13.4 If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.
13.5 These terms and conditions and your use of our web site are governed by English law and you submit to the non-exclusive jurisdiction of the English court.
13.6 Neither you nor Evolution will be held liable for any failure to perform any obligation to the other due to causes beyond your or Evolution’s respective reasonable control.
13.7 Failure by either party to exercise any right or remedy under this agreement does not constitute a waiver of that right or remedy.
14.1 All notices shall be given:
§ to us via email at email@example.com; or
§ to you at either the e-mail or postal address you provide during any ordering process.
Notice will be deemed received when an email is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.
These terms and conditions replace all other terms and conditions previously applicable to the use of our web site and you expressly accept that the sale of our sale of the Products.