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Terms And Conditions

These terms and conditions advise you the basis on which we will supply to you our goods. Please read these terms carefully before ordering any goods from us. By ordering any of the Goods you agree to be bound by these terms.

You should retain a copy of these terms for future reference.

1. INFORMATION ABOUT US

a. The Goods and Services are provided by New Car Parts Limited known here after as "we/us/our".

b. We are registered in Scotland and have our registered office at Danzig House, 8-12 Torphichen Street, Edinburgh. EH3 8JQ.

c. Our trading address is Unit L Peartree Business Centre, Enterprise Wat, Bretton, Peterborough. PE3 8YQ.

d. Our company number is SC314038 and our VAT registration is 930 1684 40.

2. YOUR STATUS

You acknowledge that:

By placing an order with us, you warrant that:

i. If you are a Consumer, you are at least 18 years old;

ii. The information you provide to us during the process of placing an order for Goods and/or Services is accurate, complete and not misleading.

3. APPLICATION

a. These terms and conditions apply to all sales of Goods.

b. If you are purchasing Goods no contract for the supply of Goods will come into existence until we despatch the Goods, advising you by email that your Goods have been despatched by one of our shipping methods, Royal Mail, Parcel Force or Courier.

c. All goods require an order to be complete before parts can be collected.

d. In the case of Price Finder Special Ordered part, payment is required before these parts are ordered. Any Price Finder Special Ordered, that are AG only or backorder and are non refundable under any circumstances. This however does not effect your rights if the part is faulty and can be exchanged at any BMW Franchise once they have proved the part is faulty. A receipt to proof of purchase would be available.

e. You must ensure that the terms of your order and any applicable specification are complete and accurate.

f. These terms will be incorporated in the Contract to the exclusion of all other terms and conditions. They supersede all prior dealings, negotiations, representations or agreements between us in respect of the subject-matter of the Contract whether written or oral.

4. GOODS AND SERVICES

a. All specifications, descriptions, diagrams, pictures and illustrations are guides to the parts, with many diagrams being generic and information to present a general idea of the Goods described in them.

b. We reserves the right to deliver Goods of a modified design provided that any difference does not make the Goods unsuitable for any purpose you have made known to us. Also know as superceded parts.

c. Technical specifications are exact unless specifically stated otherwise.

5. CONSUMER RIGHTS

a. Clause 5 only applies if you are a Consumer AND purchasing Goods and by mail order from our website

b. A Contract may be cancelled at any time within 7 working days, beginning on the day after you receive the Goods. In this case, you will receive a full refund of the price paid for the Goods in accordance with our refunds policy which is available on request.

c. This right of cancellation does not apply to any ‘Price Finder Special Ordered’ or AG 'Germany only' parts. These parts however come with a BMW full 2 year warranty and can be claimed at any BMW Franchised Dealership.

d. To cancel a Contract, you must inform us in writing. You must also return the Goods to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Goods while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

e. For additional information on how to exercise this right of cancellation can be obtained by calling the telephone number 01733 332314.

f. Nothing in this clause affects your statutory rights.

6. PRICES

a. The prices of the Goods will be as quoted in our marketing literature from time to time except in cases of obvious error (see clause ‘g’ below). The prices may be altered at any time without notification to take into account any increase in our costs.

b. We list prices exclusive of VAT. All prices are exclusive of any other sales tax or duty that may be applicable which will be payable in addition to the price unless otherwise stated.

c. Unless otherwise specified, if you are a Business Customer, prices quoted include delivery to destinations in the United Kingdom and we will select the mode of transport, depending on the size of the Goods. The entire cost of any other mode of transport which you may specify will be borne by you, as will delivery to locations outside of the United Kingdom. Delivery costs will be quoted at the time you place your order for Goods.

d. You acknowledge that we stock a large number of Goods and list a large number of Services. It is always possible that, despite our best efforts, some prices may be incorrectly listed. We are under no obligation to provide Goods or Services to you at an incorrect, lower price, even after we have acknowledged your order or despatched the Goods or started performance of the Services, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as mis-pricing.

7. PAYMENT

a. We accept payment by credit/debit card, cheque, paypal, postal order and cash.

b. All payments of Goods are required in full before they will be dispatched.

c. We reserve the right to charge a credit card or paypal surcharge if you elect to pay us by these methods.

d. Payments by credit or debit card will only be accepted and verified on our website.

e. All cheques and postal orders will be required to be cleared in our bank account before Goods are dispatched.

f. For any ‘Price Finder Special Ordered’ parts payment can be by cash, but this would need to be received by us before the Goods would be Ordered.

8. DELIVERY

a. The Goods are dispatched once all the Goods are ready. Some ‘Price Finder Special Ordered’ may take longer as they may be on backorder or AG availability.

b. Timescales for ‘Price Finder Special Ordered’ are as follows: -

i. UK – 48 hrs

ii. AG only – 3 to 5 days

iii. Backorder – minimum 7 days

c. All ‘Price Finder Special Ordered’ availability are subject to change as the timescale advise is only correct at the time of notification and may have changed by the time of ordering.

d. Time of delivery will not be of the essence and any delivery date is an estimate only and dependant on what postage option you chose. We will use all reasonable endeavours to avoid late deliveries. You will have the right to cancel any order without liability to us if delivery is more than 30 days late.

e. The quantity of any consignment of Goods as recorded by us upon despatch from our place of business will be conclusive evidence of the quantity received by you on delivery unless you can provide conclusive evidence proving the contrary.

f. If you fail to take delivery of the Goods or your failure to collect these Goods if deliveries have been attempted. Any cancelled orders if the parts are returned will be less shipping costs of the Goods. This however does not apply to ‘Price Finder Special Ordered’. Alternative postage costs will need to be agreed.

g. Our liability for non-delivery of the Goods will be limited to, at our discretion, replacing the Goods within a reasonable time or a refund by whichever method was used to purchase the Goods.

h. Any claim that any Goods have been delivered damaged or do not materially comply with their description will be notified by you to us and within 7 days of their delivery. Replacement is down to our discretion and will either be way of a new part or credit to the account to which the payment was made from.

i. We may at our discretion deliver the Goods by instalments in any sequence. Where the Goods are delivered by instalments, no default or failure by us in respect of any one or more instalments will vitiate the Contract in respect of the Goods previously delivered or undelivered Goods.

9. RISK AND TITLE

a. Risk in the Goods passes when they are delivered to you.

b. Passing of title in the Goods will remain with us and will not pass to you until the amount due under the invoice for them or any other outstanding invoice from us to you (including interest and costs) has been paid in full.

c. We may maintain an action for the price of any Goods notwithstanding that title in them has not passed to you.

d. You may not resell the Goods before ownership has passed to you solely.

10. WARRANTY
a. Goods supplied by New Car Parts Ltd own stock do not come with any form of warranty. We will however accept returns if the item is faulty.

b. We do not take liability for faulty parts supplied by suppliers. However these parts do come with a full BMW Warranty.

c. All ‘Price Finder Special Ordered’ parts are covered with BMW’s full warranty specific per part.

d. If Goods become faulty during the period of the Warranty we will be able to supply you an invoice for warranty purposes.

e. Should the purchased ‘Price Finder Special Ordered’ part become faulty the car needs to be booked in with your chosen BMW dealer for a warranty diagnostic check. New Car Parts Ltd will have a copy of the invoice faxed to your chosen dealership. This warranty claim cannot be claimed unless the part is on the car when the fault is present. Once BMW have established the fault the part will replaced free of charge. However if this part is not faulty there will be a charge from the dealer diagnosing the fault.

f. New car parts Ltd are unable to provide refunds for parts purchased as ‘Price Finder Special Ordered’ parts that are percived to be faulty. See 10.e.

11. REFUNDS POLICY

a. When you return Goods to us:

i. Because you cancelled the Contract in accordance with clause 5 (Consumer Rights), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case we will refund the price of the Goods to be returned in full. However, you will be responsible for the cost of returning the Goods to us. We will not refund postage costs incurred by us.

ii. All Goods will be examined to make sure the part has arrived back in the same condition it was dispatched. Refunds will be processed as soon as possible thereafter.

b. We will only refund any money by the same method originally used by you to pay for your purchase.

c. Returns Handling charges. These only apply to Special Order Price Finder parts. In most cases parts returned for exchange or refund carry no handling fee. A handling charge may apply to parts not received 7 days after the shipping date. This does not effect your statutory rights.

12. EXCHANGE UNIT SURCHARGES

a. Where service exchange units are purchased, you will be invoiced with a sum referred to as a “surcharge” which is payable at the order stage. The surcharge will be refunded once the item has been returned. It is the responsibility of the Consumer to cover these costs. Refunds will be by the same method to which the payment was received.

b. The return cost of the part is the responsibilty of the customer and is not refundable.

13. SUPPORT

a. We will provide you with such technical advice by telephone, e-mail and web access during our normal business hours for the duration of the period for which you purchase such Services (“Cover Period”) as is reasonably necessary to resolve your difficulties and queries in using such goods supplied to you and identified by us.

b. However it is your responsibility to make sure that the part is the part required. Refunds for AG, Backorder and ‘Price Finder Special Ordered’ are non refundable if they have been ordered in error.

14. LIMITATION OF LIABILITY

a. Subject to the provisions of these terms, the following provisions set out the entire financial liability of us (including any liability for the acts or omissions of our employees, agents and sub-contractors) to you in respect of:

i. 19.1.1 any breach of these terms; and
ii. 19.1.2 any representation, statement or tortuous act or omission including negligence arising under or in connection with the Contract.

b. All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979 (as amended)) are, to the fullest extent permitted by law, excluded from the Contract.

c. Nothing in these terms excludes or limits our liability:

i. For death or personal injury caused by our negligence;

ii. Under section 2(3) of the Consumer Protection Act 1987;

iii. For fraud or for fraudulent misrepresentation; or

iv. For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

d. Any indirect or consequential, special or punitive loss, damage, costs or expenses;

i. Loss of profit;

ii. Loss of business;

iii. Loss of income or revenue;

iv. Loss or corruption of or damage to data;

v. Waste of management or office time; or

vi. Depletion of goodwill.

15. TERMINATION AND SUSPENSION

a. We reserve the right to refuse/cancel any order placed with reason.

16. FORCE MAJEURE

a. We will not be liable for any failure in the performance of any of our obligations under the Contract caused by factors outside our control.

17. LAW AND JURISDICTION

a. This Contract will be governed by Scottish law and you consent to the non-exclusive jurisdiction of the Scottish courts in all matters regarding it.

18. GENERAL

a. Each of our rights or remedies under the Contract is without prejudice to any other right or remedy that we may have whether under the Contract or not.

b. If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it will to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision will continue in full force and effect.

c. Failure or delay by us in enforcing or partially enforcing any provision of the Contract will not be construed as a waiver of any of our rights under the Contract.

d. Any waiver by us of any breach of, or any default under, any provision of the Contract by you will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of the Contract.

e. Neither of us intend that any term of this Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.