Welcome
to the CPS Motors website. These terms and conditions apply to the
use of this website at www.cpsmotors.co.uk
By accessing this
website and/or placing an order, you agree to be bound by these terms
and conditions.
Using this website indicates that you accept
these terms regardless of whether or not you choose to register with
us or order from us. If you do not accept these terms, do not use
this website.
1.
INTRODUCTION
1.1 You will be able to access most areas of this Website without
registering your details with us. Certain areas of this Website are
only open to you if you register.
1.2 We may revise these terms
and conditions at any time by updating this posting. You should check
this Website from time to time to review the then current terms and
conditions, because they are binding on you. Certain provisions of
these terms and conditions may be superseded by expressly designated
legal notices or terms located on particular pages of this Website.
If you do not wish to accept any new terms and conditions after we
have given notice, you should not continue to use this Website.
2.
ORDERING FROM US
2.1 You are deemed to place an order with us by ordering via our
online checkout process. As part of our checkout process you will be
given the opportunity to check your order and to correct any errors.
We will send you an order acknowledgement, detailing the products you
have ordered.
2.2 Our acceptance of an order takes place when we
despatch the order. We will send you a despatch confirmation by
email. When we despatch the order the purchase contract will be made
even if your payment has been processed immediately, unless we have
notified you that we do not accept your order or you have cancelled
your order.
2.3 We may refuse to accept an order:
(a) where
goods are not available;
(b) where we cannot obtain authorisation
for your payment;
(c) if there has been a pricing or product
description error; or
(d) if you do not meet any eligibility
criteria set out in our terms and conditions.
3.
PRICING
3.1 All prices include VAT (where applicable) at the current
rates. We reserve the right to express the price exclusive of VAT,
but we shall show VAT separately and include it in the total price.
3.2 Where we charge separately for packing, carriage and
insurance and other relevant charges, the appropriate rates are set
out in our specified pricing structure shown elsewhere on this
Website.
3.3 Our prices are reviewed periodically and the next
review will be on 01/06/2009.
4.
CANCELLATION AND RETURNS POLICY
4.1 If you wish to cancel your order:
(a) you can notify us
by email to info@cpsmotors.co.uk before we have dispatched the goods
to you; or
(b) where goods have already been dispatched to you,
by returning goods to us in accordance with clause 4.2 below.
4.2
You can return goods you have ordered from us for any reason at any
time within 14 days of receipt for a full refund or exchange. The
costs of returning goods to us shall be borne by you.
4.3 Upon
receipt of the goods we will give you a full refund of the amount
paid or an exchange credit as required.
4.4 The rights to return
the goods to us as referred to in clause 4.3 will not apply in the
following circumstances: - in the event that the product has been
used
The provisions of this clause 4.4 do not affect your
statutory rights.
5.
LICENCE
5.1 You are permitted to print and download extracts from this
Website for your own use on the following basis:
(a) no documents
or related graphics on this Website are modified in any way;
(b)
no graphics on this Website are used separately from accompanying
text; and
(c) any of our copyright and trade mark notices and
this permission notice appear in all copies.
5.2 Unless otherwise
stated, the copyright and other intellectual property rights in all
material on this Website (including without limitation photographs
and graphical images) are owned by us or our licensors. For the
purposes of these terms and conditions, any use of extracts from this
Website other than in accordance with clause 5.1 above for any
purpose is prohibited. If you breach any of the terms in these terms
and conditions, your permission to use this Website automatically
terminates and you must immediately destroy any downloaded or printed
extracts from this Website.
5.3 Subject to clause 5.1, no part of
this Website may be reproduced or stored in any other website or
included in any public or private electronic retrieval system or
service without our prior written permission.
5.4 Any rights not
expressly granted in these terms are reserved.
6.
SERVICE ACCESS
6.1 While we endeavour to ensure that this Website is normally
available 24 hours a day, we will not be liable if for any reason
this Website is unavailable at any time or for any period.
6.2
Access to this Website may be suspended temporarily and without
notice in the case of system failure, maintenance or repair or for
reasons beyond our control.
7.
VISITOR MATERIAL AND CONDUCT
7.1 Other than personally identifiable information, which is
covered under the Privacy Policy, any material you transmit or post
to this Website will be considered non-confidential and
non-proprietary. We will have no obligations with respect to such
material. We and our nominees will be free to copy, disclose,
distribute, incorporate and otherwise use such material and all data,
images, sounds, text and other things embodied therein for any and
all commercial or non-commercial purposes.
7.2 You are prohibited
from posting or transmitting to or from this Website any material:
(a) that is threatening, defamatory, obscene, indecent,
seditious, offensive, pornographic, abusive, liable to incite racial
hatred, discriminatory, menacing, scandalous, inflammatory,
blasphemous, in breach of confidence, in breach of privacy or which
may cause annoyance or inconvenience;
(b) for which you have not
obtained all necessary licences and/or approvals;
(c) which
constitutes or encourages conduct that would be considered a criminal
offence, give rise to civil liability, or otherwise be contrary to
the law of or infringe the rights of any third party, in the UK or
any other country in the world; or
(d) which is technically
harmful (including, without limitation, computer viruses, logic
bombs, Trojan horses, worms, harmful components, corrupted data or
other malicious software or harmful data).
7.3 You may not misuse
the Website (including, without limitation, by hacking).
7.4 We
will fully co-operate with any law enforcement authorities or court
order requesting or directing us to disclose the identity or locate
anyone posting any material in breach of clauses 7.2 or 7.3.
8.
LINKS TO AND FROM OTHER WEBSITES
8.1 Links to third party websites on this Website are provided
solely for your convenience. If you use these links, you leave this
Website. We have not reviewed all of these third party websites and
do not control and are not responsible for these websites or their
content or availability. We therefore do not endorse or make any
representations about them, or any material found there, or any
results that may be obtained from using them. If you decide to access
any of the third party websites linked to this Website, you do so
entirely at your own risk.
8.2 If you would like to link to this
Website, you may only do so on the basis that you link to, but do not
replicate, the home page of this Website, and subject to the
following conditions:
(a) you do not remove, distort or otherwise
alter the size or appearance of CPS Motors's logo;
(b) you do not
create a frame or any other browser or border environment around this
Website;
(c) you do not in any way imply that we are endorsing
any products or services other than our own;
(d) you do not
misrepresent your relationship with us nor present any other false
information about us;
(e) you do not otherwise use any of CPS
Motors's trademarks displayed on this Website without our express
written permission;
(f) you do not link from a website that is
not owned by you; and
(g) your website does not contain content
that is distasteful, offensive or controversial, infringes any
intellectual property rights or other rights of any other person or
otherwise does not comply with all applicable laws and regulations.
We expressly reserve the right to revoke the right granted in
this clause 8.2 for breach of these terms and to take any action we
deem appropriate.
8.3 You shall fully indemnify us for any loss
or damage we or any of our group companies may suffer or incur as a
result of your breach of clause 8.2.
9.
REGISTRATION
9.1 To register with www.cpsmotors.co.uk you must be over
eighteen years of age.
9.2 Each registration is for a single user
only. We do not permit you to share your user name and password with
any other person nor with multiple users on a network.
9.3
Responsibility for the security of any passwords issued rests with
you and if you know or suspect that someone else knows your password,
you should contact us immediately.
9.4 We may suspend or cancel
your registration immediately at our reasonable discretion or if you
breach any of your obligations under these terms and conditions.
10.
DISCLAIMER
10.1 While we endeavour to ensure that the information on this
Website is correct, we do not warrant the accuracy and completeness
of the material on this Website. We may make changes to the material
on this Website, or to the products and prices described in it, at
any time without notice. The material on this Website may be out of
date, and we make no commitment to update such material.
10.2 The
material on this Website is provided without any conditions,
warranties or other terms of any kind. Accordingly, to the maximum
extent permitted by law, we provide you with this Website on the
basis that we exclude all representations, warranties, conditions and
other terms (including, without limitation, the conditions implied by
law of satisfactory quality, fitness for purpose and the use of
reasonable care and skill) which but for these terms and conditions
might have effect in relation to this Website.
11.
LIABILITY
11.1 We, any other party (whether or not involved in creating,
producing, maintaining or delivering this Website), and any of our
group companies and the officers, directors, employees, shareholders
or agents of any of them, exclude all liability and responsibility
for any amount or kind of loss or damage that may result to you or a
third party (including without limitation, any direct, indirect,
punitive or consequential loss or damages, or any loss of income,
profits, goodwill, data, contracts, use of money, or loss or damages
arising from or connected in any way to business interruption, and
whether in tort (including without limitation negligence), contract
or otherwise) in connection with this Website in any way or in
connection with the use, inability to use or the results of use of
this Website, any websites linked to this Website or the material on
such websites, including but not limited to loss or damage due to
viruses that may infect your computer equipment, software, data or
other property on account of your access to, use of, or browsing this
Website or your downloading of any material from this Website or any
websites linked to this Website.
11.2 Nothing in these terms and
conditions shall exclude or limit our liability for (i) death or
personal injury caused by negligence (as such term is defined by the
Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation
as to a fundamental matter; or (iv) any liability which cannot be
excluded or limited under applicable law.
11.3 If your use of
material on this Website results in the need for servicing, repair or
correction of equipment, software or data, you assume all costs
thereof.
11.4 You agree to indemnify us fully, defend and hold
us, and our officers, directors, employees and agents, harmless from
and against all claims, liability, damages, losses, costs (including
reasonable legal fees) arising out of any breach of the terms and
conditions by you, or your use of this Website, or the use by any
other person using your registration details.
12.
GOVERNING LAW AND JURISDICTION
12.1 These terms and conditions shall be governed by and
construed in accordance with English law. Disputes arising in
connection with these terms and conditions shall be subject to the
exclusive jurisdiction of the English courts.
12.2 We do not
warrant that materials/items for sale on the Website are appropriate
or available for use outside the United Kingdom. It is prohibited to
access the Website from territories where its contents are illegal or
unlawful. If you access this Website from locations outside the
United Kingdom, you do so at your own risk and you are responsible
for compliance with local laws.
13.
MISCELLANEOUS
13.1 You may not assign, sub-license or otherwise transfer
any of your rights under these terms and conditions
13.2 If any
provision of these terms and conditions is found by any court of
competent jurisdiction to be invalid, the invalidity of that
provision will not affect the validity of the remaining provisions
which shall continue to have full force and effect.
13.3 Only the
parties to these terms and conditions may seek to enforce them under
the Contracts (Rights of Third Parties) Act 1999.