Caterham Parts Website - Terms and Conditions of use

Caterham Parts Website - Terms and Conditions of use

This page (together with any documents referred to on it) tells you the terms and conditions on which we supply to you any of the parts, components and products (Products) listed on our online parts store website caterhamparts.co.uk (our site). Please read these terms and conditions carefully before ordering any of the Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.  You should print a copy of these terms and conditions for future reference.

Please click on the button marked “I Accept” if you accept them. Please understand that if you refuse to accept these terms and conditions you will not be able to order any Products from our site.

1. Information about us
   1. caterhamparts.co.uk is a site operated by Caterham Cars Limited (In these terms and conditions references to 'we’ ’us’ or ‘our’ means Caterham Cars Limited). We are registered in England and Wales under company number 01171408 and our registered office address is Unit 10 Rennie Drive, Dartford, England, DA1 5FD, United Kingdom. This is also our main trading address.  Our VAT number is: GB210 2991 96.
   2. References to ‘you’ or ‘your’ in these terms and conditions means the person or entity that is ordering the parts from us.
2. Your status
   1. You confirm that you are legally capable of entering into binding contracts, and you are at least 18 years of age.
3. How the contract is formed between you and us
   1. After placing an order, you will receive an e-mail from us acknowledging that we have received your order.  Please note that this does not mean that your order has been accepted. Your order constitutes an offer to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending an e-mail that confirms the order (the ‘Confirmation’). The contract between us (‘Contract’) will only be formed when we send you the Confirmation. The Contract will relate only to those Products whose dispatch we have confirmed in the Confirmation. We will not be obliged to supply any other Product(s) which may have been part of your order until the dispatch of such Product(s) has been confirmed in a separate Confirmation.
4. Distance Selling and Off Premises Contracts
   1. Consumer means an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft, or profession.
   2. If you are a Consumer and if this Contract has been concluded (a) under an organised distance sales or service-provision scheme without the simultaneous physical presence of you and us, with the exclusive use of one or more means of distance communication up to and including the time at which the Contract is concluded or (b) in the simultaneous physical presence of you and us, in a place which is not the business premises of us, you have the right to cancel this Contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you, or a third party other than the carrier and indicated by you, acquires physical possession of the Products. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement (e.g. a letter sent by post, fax or e-mail). To meet the cancellation deadline, it is sufficient for you to send the communication concerning your exercise of the right to cancel before the cancellation period has expired.
   3. You are not required to, but you may use the model cancellation form below to communicate your cancellation request to us.

1. 4. If you are entitled to cancel this Contract under this clause 4 and do cancel this Contract then, subject to this clause, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). We may make a deduction from the reimbursement for loss in value of any Products supplied if the loss is the result of unnecessary handling by you. We will make the reimbursement without undue delay, and not later than (a) 14 days after the day we receive back from you any Products supplied, or (b) (if earlier) 14 days after the day you provide evidence that you have returned the Products. We will make the reimbursement using the same means of payment as you used for the initial transaction. You will have to bear the direct cost of returning the Products.

5. Availability and delivery
   1. Your order will be fulfilled by the delivery date set out in the Confirmation or, if no delivery date is specified, then within 30 (thirty) days of the date of the Confirmation, unless there are exceptional circumstances. We update the availability of the entire stock constantly. Items that are ‘Out of Stock’ will be displayed as such. In the rare event of a problem with availability of a Product marked ‘in stock’, we will contact you. You may then wish to cancel the order or wait until the item becomes available.
6. Risk and Title
   1. The Product(s) will be delivered to the address set out in your order and our Confirmation (‘Delivery Address’).  Normally the Delivery Address will be where you are located.  If you have requested to collect the goods from our premises, then our premises shall be deemed the Delivery Address.
   2. The Product(s) will be at your own risk from the time of delivery at the Delivery Address. Ownership of the Product(s) will only pass to you when we receive full payment of all sums due in respect of the Product(s), including any delivery charges.
7. Price and payment
   1. The price of any Product(s) will be as quoted on our site from time to time, except in the case of error.  Please note that these prices do not include delivery charges which will be added to the cost of your order.
   2. For orders in the United Kingdom, these prices include Value Added Tax (VAT) where payable (excluding delivery costs, which will be added to the total amount due). VAT does not apply to orders that are to be shipped outside the United Kingdom. These areas will be priced and billed with VAT deducted.
   3. If you select currency or a delivery country outside the United Kingdom once logged in prices will be displayed VAT free, for example, an item which costs 19.99 GBP will be shown and billed as 16.66 GBP when it is VAT free (based on the current VAT rate of 20%). In the UK, some Products are VAT exempt. Prices for these items destined for countries outside the United Kingdom will show no further reduction.
   4. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Confirmation. Our Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices in the Confirmation so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product(s) to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product(s) or reject your order and notify you of such rejection.
   5. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Confirmation, if we have made a pricing error.
   6. Unless we have agreed a credit facility with you, payment for all orders must be by credit or debit card. We accept most major credit cards for online orders, with the exception of American Express and Diners cards. You will be asked to enter your card details and the name and address of the card holder when you place the order. Your card will be debited immediately.  When ordering from overseas we will fill in the shipping details / prices so you may proceed to the secure checkout page for payment. Due to varying Exchange rates, all payments made to us will be in UK Pound Sterling (GBP £).
   7. We take online security extremely seriously and have taken several steps to ensure that your payment information is processed confidentially and accurately. We offer the use of secure servers where information is protected by Secure Sockets Layers (SSL), the industry standard encryption technology. SSL works with most internet browser, including Internet Explorer, Chrome and Safari. We also use a third party online payment acceptance company called Barclaycard Merchant Services. These security measures make it virtually impossible for unauthorised parties to read any information that you send us via our site. Please be aware that in the interest of credit card security you may be contacted prior to the acceptance of payment by your card provider for additional security information.
   8. If we have offered you a credit facility you will make payment in accordance with the terms agreed as part of that facility.  In the event that a payment date is missed:
      1. the total outstanding amount (‘Outstanding Amount’) will become due and payable; and
      2. we shall charge interest at the rate of 4 per cent above National Westminster Bank PLC base rate in force from time to time from the date the payment became due until actual payment is made.
   9. Until we have received full payment from you, we have the right to repossess the Products. You grant us a licence at any time to enter using reasonable force any premises where the Products are or may be located in order to inspect and/or recover them.
8. Our Liability
   1. If you are a consumer, it is our responsibility to supply you with goods that meet your consumer rights. If you have any concerns that we have not met our legal obligations, please contact us.
   2. We warrant to you that any Product purchased from us through our site is sold with the benefit of our Product Warranty which is set out at www.caterhamcars.com and is subject to the exclusions stated in the Product Warranty.
   3. Except for losses that we cannot exclude or limit by law, if you are a Consumer we shall only be liable to you for direct losses that you suffer that are foreseeable and an obvious consequence of our breach.
   4. Except for losses that we cannot exclude or limit by law, if you are not a Consumer: (i) our maximum liability shall be the amount you have paid for the Product, (ii) we shall only be liable to you for direct losses that you suffer that are foreseeable and an obvious consequence of our breach and (iii) we exclude all liability for loss of profit, goodwill or for any indirect, consequential or economic loss.
9. Import Duties and Taxes
   1. If you order Products from our site for delivery outside of the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination country. You will be responsible for payment of any such import duties and or taxes. Please note that we have no control over these charges and cannot predict their cost. Please contact your local customs office for further information before placing your order to avoid any unforeseen costs that you may incur.
   2. Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
10. Written communications
    1. Applicable laws require that some of the information or communications we send to you should be in writing.  When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
11. Notices
    1. All notices given by you to us must be given to Caterham Cars Limited either in writing to our registered office address or by e-mail to parts@caterham.com . We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 10 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
12. Transfer of rights and obligations
    1. The Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
13. Events outside our control
    1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside of our reasonable control (‘Force Majeure Event’). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
       1. Strikes, lock-outs, or other industrial action;
       2. Civil commotion, riot, invasion, terrorist attack, or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
       3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
       4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
       5. Impossibility of the use of public or private telecommunications networks;
       6. The acts, decrees, legislation, regulations or restrictions of any government;

Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.

14. Privacy Policy
    1. 1. Our Privacy Policy is available at: https://caterhamcars.com/en/privacy-policy    
       2. Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.
15. Website description and illustrations
    1. We create the vast majority of pictures and descriptions for the website. This information is copyright of Caterham Cars Limited and may not be used by any other party without the express permission of Caterham Cars Limited. The Caterham Cars parts website is provided for use only for viewing by an end user. Taking of any content or prices by automated processes, such as spidering, will be deemed as a breach of copyright and is expressly forbidden except where specifically agreed with us.
    2. We put a lot of time and effort into describing and photographing the products we sell. Although we aim to ensure that every picture and description is 100% accurate, mistakes do occur so let us know if you see or read something that isn’t correct by e-mailing us at parts@caterham.com
    3. All pictures, material, code and intellectual property and descriptions are the property of Caterham Cars Limited. They may not be copied or used without express permission.
16. Waiver
    1. If we fail, at any time during the term of the Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 11 above.
17. Severability
    1. If any of these terms and conditions or any provisions of the Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
18. Entire agreement
    1. These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede any previous agreement, understanding or agreement between us, relating to the subject matter of this Contract. We each acknowledge that, in entering into a contract (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty (Representation) of any person (whether a party to that contract or not) other than as expressly set out in these terms and conditions.
    2. Each of us agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract as provided in these terms and conditions. Nothing in this clause shall limit or exclude any liability for fraud.
19. Our right to vary these terms and conditions
    1. We have the right to revise and amend these terms and conditions from time to time. You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or terms and conditions is required to be made by law or government authority (in which case it will apply to orders previously place by you), or if we notify you of the change to those policies or terms and conditions before we send you the Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
20. Guarantor
    1. If you are a limited company or limited liability partnership, it is agreed that this Contract is being entered into at the request of the person that has requested the Products on your behalf (‘Guarantor’). The Guarantor guarantees to us that you will observe and perform all its obligations under this Contract and will pay and make good to us all losses, costs, damages and expenses that we suffer that result from any non-performance by you of any of the terms and conditions of this Contract, particularly any failure to make any payment due to us. It is agreed that the Guarantor’s liability under this Guarantee shall not be affected by any act or omission by us that might otherwise release the Guarantor from this liability, including: (i) any time or waiver granted by us; (ii) any variation, renewal or extension of this Contract. In consideration of the Guarantor entering into this Guarantee, we shall pay the Guarantor £1.
21. Law and jurisdiction
    1. This Contract is governed by the laws of England and Wales and is subject to the exclusive jurisdiction of the English Courts.

Our EU representative is: Caterham Competition France, Address Pole mécanique, Vallon de Fontanes 30520 Saint Martin de Valgalgues.  contact@caterham.fr