Terms & Conditions
www.autobeam.co.uk IMPORTANT: PLEASE READ WE DRAW YOUR ATTENTION TO THESE TERMS AND CONDITIONS WHICH APPLY WHENEVER YOU BUY GOODS FROM US ONLINE. PLEASE READ THEM VERY CAREFULLY BE FORE YOU PROCEED TO MAKE YOUR PURCHASE BECAUSE THEY EXPLAIN IMPORTANT INFORMATION ABOUT THE BASIS ON WHICH WE WILL SELL GOODS TO YOU. BY PLACING AN ORDER YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. YOU SHOULD PRINT AND KEEP A COPY OF THESE TERMS AND CONDITIONS FOR YOUR RECORDS. In these Terms: "Website" means Our website at www.autobeam.co.uk. "Goods" means the goods which We will supply to You in accordance with these Terms and Conditions. "Order" means an order which You place with Us detailing the Goods You wish to buy from Us. 1. Terms & Conditions 1.1 The Terms in Section A explain how Our Website must be used. They apply to ALL users of the Website. Section B also applies when You buy Goods using the Website or over the telephone. We may amend the Terms from time to time and you are advised to check them regularly for any changes which We make. 1.2 When You use the Website, We may gather information about You and Your visit to the Website. Information about this can be found in our Privacy Policy which forms part of these Terms. The Privacy Policy and these Terms together govern Our relationship with You and form the contract between us ("Contract"). Section A: Terms of Website Use 2. About this website. 2.1 This Website is aimed at people who are consumers. The information on this Website is in English, all communications shall be in English and the Website is designed to comply with English law. You may be viewing the Website in a market in which we do not commonly sell our goods and We cannot be held responsible for non-compliance with any local advertising or other laws in relation to this Website or its contents. We may restrict access to some parts of the Website to users who have registered with Us. 3. Our rights in this website. The copyright and other ownership rights (known as "Intellectual Property Rights") in this Website and its contents (including design, text, logos, trade names, graphics, software and any other material) are owned by Us or Our licensors. You must not yourself or allow anyone else to publish, copy, distribute or modify any of the content of this Website (© Autobeam 2023. All Rights Reserved.) Anyone may view this Website and print pages from it for personal use only, for browsing Our products and placing an Order with Us. Any other use is strictly prohibited without Our prior written consent. You must not make any copy of any material from the Website for any business related use whatsoever. You must not in any way copy, reproduce or use any trademarks, logos or brand names which appear on the Website. Linking to Our Website on other websites is at Our discretion and We may require that You stop providing links to Our Website at any time. We may use any information which you upload to Our Website as We decide and We may also disclose that information to a third party. 4. Website Content We have taken great care in compiling this Website but neither We nor Our directors, employees or other representatives or any other companies within Our group of companies will be responsible for any damages, losses or costs however they arise as a result of Your use of or reliance on the Website. Although We aim to provide information which is accurate and up to date, We do not guarantee to do so. You are responsible for making sure that Your reliance on this Website is suitable for Your own purposes and the information which We provide is not intended to be advice which You should rely on. The information contained on this Website is provided on an "AS IS" basis and We exclude all warranties and representations of any kind with respect to this Website and its contents to the fullest extent which the law allows. We may change, remove or in any other way adapt the content of Our Website at any time and without advance notice. We may provide links to other websites. If we do this, those links are provided for Your convenience only and We cannot be responsible for the content or availability of those websites or Your use of them. We do not guarantee that this Website will always be available or be free from error, virus or similar. We are under a legal duty to supply goods that are in conformity with the contract and we aim to ensure that the product images on Our Website are as accurate as possible but there may be slight colour variations between the Goods and the images shown online. 5. How you must use this website. Submissions or comments which are in any way defamatory, abusive, obscene, unlawful, sexist, racist or which may in any way cause offence to any person are strictly prohibited. You must not use any abusive language, be aggressive, swear, threaten, harass or abuse any other person including but not limited to other users of this Website. All information which You submit should be accurate, truthful and should not be copied. You must use Your own identity at all times when using the Website and should ensure that all information which You provide is accurate and up to date to the best of Your knowledge. You must not use information about any other person except if You have their permission to do so. You must not corrupt the Website, flood it with information causing it to malfunction or use any features which may affect the Website such as any worms, viruses or similar harmful elements. The use of spam (that is, multiple, unsolicited or undesired bulk e-mails) is also forbidden. We will not be liable for any loss or damage which You suffer as a result of any harmful material infecting Your computer, data or other material due to Your use of Our Website. If You have a password as part of Our security procedures, You must treat that information as confidential and must not disclose it to anyone. We may refuse access to this Website to anyone who does not comply with these Terms. Section B: Terms of Sale 6. Our agreement for the sale of goods and ordering process. 6.1 The Website displays Goods which are advertised for sale and gives information about them. By advertising Goods on the Website, We are inviting You to place an Order with Us. If You place an Order, We are not obliged to accept that Order and the Contract between Us will only be formed if and when We accept Your Order. Neither submitting an electronic order form, nor completing the checkout process constitutes Our acceptance of Your Order. Our acceptance of Your Order and the completion of the Contract between You and Us will take place upon dispatch to you of the Goods. You may include any number of items within a single Order, subject to any restrictions set out in these Terms or on the Website and each Order which You place will be a separate Contract between Us. We reserve the right to refuse to supply Goods to any person. 6.2 Any variation of the Contract must be expressly agreed between You and Us. 6.3 The following paragraphs explain the process which You will need to go through to place an Order and how the Contract for the sale of Goods between us will be formed. This section also explains important information about payment and delivery. Step 1 - Choosing your Goods You can select a product for purchase by clicking on the item which You are interested in and then clicking on "Add to Basket". Step 2 – Reviewing Your Basket You can review the products which You have added to Your basket. You can change the contents of Your basket by amending the quantity of Goods You want to order (which may be subject to a maximum number of items, per size from time to time), removing any unwanted items by clicking 'Remove' and viewing the basket total value. You can also enter any promotional code which You may have. Entering a valid promotional code and clicking 'Redeem' will update the basket total. You can then continue shopping and adding to Your basket if You wish or if You don't want to buy anything else, go straight to the next step. Step 3 – Going to Checkout Once You have finished shopping, You can proceed to Checkout by clicking on "Continue" or by hovering over the basket icon in the top right hand corner of the page and then clicking "Checkout". Step 4 – Customer registration You will then be asked whether You are a guest or an existing customer. To register as a guest customer You will be asked to provide Your e-mail address. We will then store that information for the purposes of processing Your Order but it will not be recognised next time You visit the Website. Existing customers will be asked for a password and e-mail address to login, each time an Order is placed. Alternatively, you have the option to pay with PayPal at this stage by clicking on the PayPal link. Step 5 – Completing Your Address and Delivery Details If You are a guest Customer, You will be given a list of delivery options. Once You have chosen Your option, You will be asked to enter Your delivery address or a town or postcode to find your nearest collection point. If You are an existing Customer, You will be shown a list of any delivery addresses You have previously entered. You will have the option of selecting the same address for Your billing address. Alternatively, on the next screen, You can enter a different billing address. You must provide us with the correct address details. We will not be liable for any delay to or failure of delivery as a result of Your failure to provide accurate address details. Step 6 – Your Order Summary and Payment Information You will then need to choose Your payment method and enter Your payment details. Please check this information very carefully. You will then be given the option to save such details for Your next visit. If You are an existing customer and you have previously saved Your payment details, they will appear here. Your Order summary page will then appear in the right hand corner. This includes details of the Goods in Your Order. You should check the details at this stage very carefully as this is the final stage in the Order process at which You can correct any mistakes or change the Goods which You want to Order. You can do this by returning to the home page and completing the process set out above again. If You are happy with Your Order, click "Place Order & Pay". Step 7 – Placing Your Order By clicking on "Place Order & Pay", You are confirming that You have read, understood and accepted these Terms. At this point Your Order will be submitted to Us. Step 8 – Order Acknowledgement Once We have received confirmation that Your payment has been authorised, a screen will appear, thanking You for Your Order. You will be given an Order reference and an e-mail will be sent to You to acknowledge Your Order. It will confirm the Goods, price and any delivery charge. Print a copy of the Order acknowledgement and e-mail and keep them for Your records. Please note, Our acceptance of Your Order (regardless of the content of any emails we send you) will only take place on dispatch of Your Order. 6.4 We may refuse Your Order or cancel Your Order if we decide it is reasonable to do so which may include circumstances where: 6.4.1 We are unable to obtain authorised payment or the payment process is incomplete; or 6.4.2 We identify a product or pricing error on the Website; or 6.4.3 You fail to meet any criteria for eligibility of purchase which We may impose from time to time; or 6.4.4 We suspect that Your Order is related to fraudulent activity; or 6.4.5 You fail to submit all necessary and relevant details to allow Us to fulfil the Order; or 6.4.6 Goods are unavailable or out of stock. 6.5 We may contact You by telephone or email to verify details before We are able to process and dispatch Your Order or We may be unable to accept it. For example, We may do this if Your Order is of particularly high value. 6.6 The Goods shown for sale on this Website are intended for private, consumer use and You must not resell Goods or offer them as a commercial enterprise. We reserve the right to limit the total value of Goods which can be included in an Order. If the total value of Goods in Your bag exceeds the limit which We may choose from time to time, then We will contact You. 7. Price & Payment 7.1 Price, VAT and delivery charges are as published on the Website when We accept Your Order. Prices exclude VAT and are in pounds sterling. Delivery charges and VAT are shown separately during the checkout process. All applicable delivery charges are as stated on the Website or as specified over the telephone at the time You place Your Order. The delivery charge for the Order is shown on the shopping basket page below Your chosen items. This means that if You order more than one item, there is no delivery charge for the additional items. 7.2 We may amend prices at any time. Where there is a difference between a price at the time the Order is made and when we ship Your Order, We will inform You by email or telephone and ask You if You wish to proceed. If you decline and for any reason payment has already been taken, it will be re-credited to Your credit or debit account. 7.3 Offers and promotions on the Website are subject to availability. We may charge a minimum order value, or change / withdraw the offer at any time and without notice. Nothing shall oblige Us to maintain offers or promotions for any period. Additional terms may apply. 7.4 We must receive payment for the Goods in full before they are dispatched. 7.5 We accept payment via Paypal and most major credit and debit cards including Visa, Mastercard, Maestro and American Express. You must only use a card if You are the named cardholder. By placing an Order, You confirm that You are the authorised cardholder. All credit and charge card holders are subject to validation and security checks as well as authorisation by the card issuer and any additional terms imposed by the issuer. If the issuer does not authorise payment, We will not accept Your Order and will not be liable for any delay or non-delivery. 7.6 Your card provider may charge You for using You card. Please check the terms and conditions with Your card provider carefully and in advance of submitting Your payment details. 7.7 If We do not have sufficient stock of Goods, We will notify You by e-mail or telephone and Your credit or debit card transaction will be cancelled or refunded. We will do this as soon as possible and by no later than 30 (thirty) days from the date of Your Order. We will not be responsible for any compensation if Goods which You order are not available for any reason. 7.8 We will validate the names, addresses and other details supplied by You against commercially available records (including Electoral Roll data and credit reference services). We may also use third parties to do this. Information which You provide to Us may be disclosed to a registered credit reference agency which may keep a record of the information. By ordering from Us You agree to such checks. Please refer also to Our Privacy Policy. These measures are taken to protect You, to ensure Your shopping experience with Us is as secure as possible. 8. Returns 8.1 If you do wish to return your order or just certain items from it, please use the online self-service section of our website via our support page. Please provide the following details: Your Order Number Your Email Address 8.2 Returns postage is paid at the cost to the customer, Autobeam do not pay returns postage in any form or provide free return shipping labels unless the item is faulty in some way or has been sent to the customer incorrectly. 8.3 We may charge a re-packaging fee up-to 15% when an item is returned to us for a refund. 8.4 Eligibility - Returns must be requested within 14 days of delivery. Items must be unused, uninstalled and in original packaging. Products that have been fitted, modified or used are non-returnable. 8.5 Non-Returnable Items - Used or installed products. Modified or damaged items. Clearance or end-of-line items (unless faulty). Custom-made or personalised items (e.g. number plates etc.) 9. Product Faults Under the Consumer Rights Act 2015, if any goods delivered to you are faulty or unfit for purpose, provided you notify us within the first 30 days of purchase, you are entitled to a full refund or, if you prefer, store credit or the product replaced. If this 30-day period has passed, we will offer a repair or replacement provided that you report the fault within the warranty period of your product. If we are unable to repair or replace the item(s) within 30-days we will provide you with a full refund. You won’t have any legal rights and warranty will not apply if the item is damaged by wear and tear, an accident or misuse. Warranty starts from the date of purchase. If claiming under warranty we have the right to have the item in question returned for testing before issuing a replacement. Warranty is only valid for the purchaser and is not transferrable. Purchasing used Autobeam products will not have warranty. Warranty is not applicable for any products fitted to a commercial vehicle (This includes any vehicles used for business use). Any products purchased outwith the UK are limited to a maximum 12 Months warranty. 10. Product Fitment 10.1 Autobeam takes no responsiblity for issues caused due to incorrect fitting. 10.2 Fitting products to your vehicle which are sold by Autobeam is at your own risk. 10.3 LED or HID bulbs do not have ECE approval, and as such their usage is currently not approved for use on public roads: their usage is limited to ‘off-road’ applications. 10.4 LED or HID bulbs may trigger a bulb error message to appear on the vehicle's on-board computer system / dashboard. This is a harmless side-effect and may be removed by installing a canbus adaptor. For any further information please contact us via our support page. 11. Registered Offices Autobeam1A Catherinefield Industrial EstateScotlandDG1 3PQUnited Kingdom Company Number: SC535458Vat Number: GB 280636203Website: www.autobeam.co.uk 12. Sale of other brands BY PLACING AN ORDER YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF EACH PARTICULAR BRAND, THIS INCLUDES RE-STOCKING FEES. Terms and Conditions - Klarna Pay 1. CUSTOMER DATA SHARING 1.1 National and/or EU rules sets certain limits to how and when you may share customer-identifying information with Klarna. EU regulations state that the customer must have clicked the Klarna option before the Merchant shares any such information. Basically this means you share privacy data when the customers actively chooses the Klarna option in your checkout and the widget is shown, not before. Our default setup complies with EU regulations. If you operate in another jurisdiction, you must check what kind of setup is permitted before you do the integration. 2. TERMS AND CONDITIONS 2.1 In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment is to be made to Klarna: Pay later. 2.2 Further information and Klarnas user terms you can find here. General information on Klarna you can find here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarna's privacy statement. 3. PRIVACY POLICY 3.1 In order to be able to offer you Klarna’s payment options, we will pass to Klarna certain of your personal information, such as contact and order details, in order for Klarna to assess whether you qualify for their payment options and to tailor the payment options for you. 3.2 General information on Klarna you can find here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarna’s privacy policy. www.klarna.com Terms and Conditions - Autofinesse products 1. GENERAL WARRANTIES Auto Finesse retains title of the goods until orders are paid in full. 2. RETURNING GOODS Products that prove to be unsatisfactory may be returned for a refund, exchange or credit note subject to the following conditions. We receive the goods within 14 days of dispatch. Items and their packaging are received in a re-saleable condition. Items are received with a copy of the original invoice, reason for return and return reference number (call our sales team for details). Items are returned with the carriage paid. Read more about returning an item to us on our returns & refunds page. Please note if you are returning goods purchased during a promotion and you have received a free item, this free item will also need to be returned if your order value drops below the promotion threshold because of the return. 3. PRODUCTS THAT DEVELOP A FAULT If a product develops a fault you should contact us to make us aware as soon as possible - by email or by phone. We provide warranty on products and packaging up to six months from date of purchase, excluding products that are deemed a consumable item - such as microfibre towels, wash mitts, brushes and other items that will invariably be subject to wear and tear from intended use. These are only covered for a period of 3 months from purchase date. In all cases you must be willing to supply proof of purchase in the form of an order ID, invoice, or confirmation email. 4. ORDER DISCREPANCIES Any discrepancies or issues with your order have to be bought to our attention within the first 14 days after the delivery of your parcel. 5. ADDITIONAL COSTS Auto Finesse will not be held liable or responsible for any additional costs incurred by products shipped or ordered in error. 6. DELIVERY All items ordered before 15.00pm are shipped the same day with DHL or Royal Mail for the UK and DHL or DPD for Europe, we use DHL for the rest of the world unless otherwise stated at the time of ordering. Orders placed after 15.00pm on a Friday will be shipped the following Monday (excluding bank holidays, in which case it will be the next working day). If the item is out of stock for whatever reason you will be emailed within 24hrs to inform you of this. In all cases "working day" refers to the next day of business between Monday-Friday, excluding Saturday & Sunday as well as all public holidays in England in which case we will be closed. Delivery will be calculated at the checkout. 7. ORDERING & PRICING Verbal orders are accepted but will need email confirmation or payment over the phone by credit/debit card. Auto Finesse is not held responsible for typographic errors within catalogues, advertisements or price sheets. All up-to-date prices are available on our website. 8. METHOD OF PAYMENT We accept all major credit and debit cards online or by telephone, all transactions are processed securely by our payment partner SagePay, Stripe and PayPal. For customers who wish to pay via bank transfer, please contact us for details. 9. OFFERS & PROMOTIONS Any offer and or promotion cannot be used in conjunction with any other promotion, discount code, coupon, offer or loyalty point discount. Important please note quoted shipping times may vary during busy promotional periods. We will endeavour to get all orders out as quickly as possible but cannot guarantee any displayed delivery date. Offers are only redeemable for the advertised duration. Offers including promoted products are only available whilst stocks last. Unless otherwise specified any offer and or promotion excludes Gift vouchers. Unless otherwise specified any offer and or promotion excludes Training Courses. All discounts are deducted from the sub-total of your order, VAT and shipping will be deducted thereafter. 10. SMS MARKETING AND TEXT MESSAGES By consenting to Auto Finesse's SMS marketing in the checkout and initialising a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase. If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply. For any questions, please text HELP to the number you received the messages from. You can also contact us at [email protected] for more information. We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honouring requests made in such messages. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service. Your right to privacy is important to us. You can see our Privacy Policy to determine how we collect and use your personal information. Arbitration and Class Action Waiver Agreement: Arbitration: By using or purchasing Auto Finesse products or services, you agree that any controversy, claim, action, or dispute between you and Auto Finesse arising out of or relating to: (a) these Terms, or the breach thereof; or (b) your access to or use of Auto Finesse’s website or the services or the materials; or (c) any alleged violation of any federal or state or local law, statute or ordinance (each such controversy or claim, a “Claim”), shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association in accordance with its applicable rules. Arbitration is a form of dispute resolution in which parties agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. The arbitrator is obligated to issue a reasoned award in writing, including all findings of fact and law upon which the award was made. The arbitrator shall not have the power to commit errors of law, and the arbitrator’s award may be vacated or corrected through judicial review by a court of competent jurisdiction. Each party’s attorneys’ fees, expert costs, and other costs and expenses incurred in connection with arbitration will be borne by the party incurring such costs and expenses. Arbitration Procedures: Claims shall be heard by a single arbitrator. Arbitrations shall be held in [County, State, USA], but the parties may choose whether to appear in person, by phone, or through the submission of documents. The arbitration shall be governed by the Federal Arbitration Act (“FAA”) and by the internal laws of the [State], without regard to conflicts of laws principles. Any disputes in this regard shall be resolved exclusively by an arbitrator. If, but only if, the arbitrator determines the FAA does not apply, New York law governing arbitration agreements will apply. All disputes with respect to whether the foregoing mutual arbitration provisions are unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court. Exclusion from Arbitration: Notwithstanding the terms of this Arbitration Agreement, you may choose to pursue a Claim in court and not by arbitration if you opt-out of these arbitration procedures within 30 days from the date that you first purchase any of Auto Finesse's products or services (the “Opt-Out Deadline”). You may opt out by mailing a written notification to Auto Finesse Ltd Unit 20 Burnt Mill Industrial Estate, Elizabeth Way, Harlow, Essex CM20 2HS. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes through arbitration. Your decision to opt-out will have no adverse effect on your relationship with Auto Finesse. You are responsible for ensuring Auto Finesse’s receipt of your opt-out notice, and you therefore may wish to send a notice by means that provide a written receipt. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Claim in arbitration. Class Action Waiver: You and Auto Finesse agree that you may bring or participate in Claims against Auto Finesse only in your respective individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Unless both you and Auto Finesse agree otherwise in writing, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding any other clause contained in this Agreement, any Claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. 11. IMPORTANT - PLEASE NOTE All terms and conditions noted are without exception (subject to change without notice). Terms and Conditions - Autospecialists products 1. Format of the Contract1.1 These terms of sale apply to all goods supplied by Kays Auto Specialists. trading as Auto Specialists , whose registered office is at Broad Oak House, 1 Grover Walk,Corringham,Essex SS17 7LU registered in England and Wales.1.2 No contract exists between you and the Supplier for the sale of any goods until the Supplier has received and accepted your order.1.3 An acceptance of your offer to buy the goods will be sent shortly after your order. However, we do have the right to terminate the contract in the event that the goods are unavailable, mis-priced or cleared funds are not received.1.4 The contract is subject to your right of cancellation (see below).1.5 The Supplier may change these terms of sale without notice to you in relation to future sales. 2. Description and price of the goods2.1 The description and price of the goods you order will be as shown on the Supplier’s website at the time you place your order.2.2 The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock we will not accept your order. If after acceptance or job order the Supplier discovers within [14 days] of our acceptance of your order that the goods are unavailable we may terminate the contract and refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.2.3 Every effort is made to ensure that prices shown on the Supplier’s website are accurate at the time you place your order. If an error is found within 14 days of accepting your order, the Supplier will inform you as soon as possible and offer you the option of reconfirming your order at the correct price, or cancelling your order. If the Supplier does not receive an order confirmation within 14 days of informing you of the error, the order will be cancelled automatically. If you cancel the order, or if the order is cancelled automatically due to the expiry of the 14 day period, the Supplier will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.2.4 In addition to the price, you may be required to pay a delivery charge for the goods, unless agreed. Some packages (those particularly large or heavy) that are sent outside of the UK maybe subject to an unforeseen additional delivery charge that is stipulated by the courier at the time of booking the delivery. In this instance, we will notify you of the exact carriage cost and you will have the option to refund the order or pay the additional charge. 3. Payment3.1 Payment for the goods and delivery charges can be made by any method shown on the Supplier’s website at the time you place your order. Payment shall be due before the delivery date and time for payment shall be a fundamental term of this agreement, breach of which shall entitle the Supplier to terminate the contract immediately.3.2 There will be no delivery until cleared funds are received.3.3 Payments shall be made by you without any deduction whatsoever unless you have a valid court order requiring an amount equal to such deduction to be paid by the Supplier to you. 4. Delivery4.1 The goods you order will be delivered via The most effective means deemed fit, to the address you give when you place your order.4.2 Orders placed on a working day will be processed that day, provided no additional security checks are required and all stock items are available. (A working day is any day other than weekends and bank or other public holidays.)4.3 If delivery cannot be made to your address for reasons under the Supplier’s control the Supplier will inform you as soon as possible.4.4 If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under control of the Supplier) then without prejudice to any other right or remedy available to the Supplier , the Supplier may:4.4.1 store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or4.4.2 sell the goods at the best readily obtainable price and (after deducting all reasonable storage and selling expenses) account to you for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods.4.5 If you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations the Supplier shall refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods. On exercising your right to cancel you shall be required to return the goods to the Supplier. Should you fail to return the goods, the Supplier reserves the right to deduct any direct costs incurred by the Supplier in retrieving the goods as a result of such failure.4.6 Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, the Supplier will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, the Supplier will inform you as soon as possible.4.7 Upon receipt of your order you will be asked to sign for the goods received in good condition. If the package does not appear to be in good condition then please refuse the delivery. If you are unable to check the contents of your delivery at the point of delivery then please sign for the parcel as “UNCHECKED”. Failure to do so may affect any warranty claims that you make thereafter.4.8 All products must be properly inspected upon delivery, prior to installation. As a means to confirm any possible damage, defects or incorrect items delivered. Installing or changing the received products may void any returns.4.9 A test fit should be carried out before installation, if you have any fitment issues you must contact us within 7 days of receiving your order. Any information requested by us must be provided to ensure we can properly investigate any information not provided may result in the case being dismissed. Fitted items are subject to being dismissed with no resolution. 5 Risk/Title5.1 The goods are at your risk from the time of delivery.5.2 Ownership of the goods shall not pass to you until the Supplier has received in full (in cash or cleared funds) all sums due to it in respect of:5.2.1 the goods, and5.2.2 all other sums which are or which become due to the Supplier from you on any account.5.3 The Supplier shall be entitled to recover payment for the goods even though ownership of any of the goods has not passed from the Supplier. 6. Title for Business Customers6.1 If you are a business customer until ownership of the goods has passed to you, you must:6.1.1 store the goods (at no cost to the Supplier) separately from all your other goods and goods of any third party in such a way that they remain readily identifiable as the Supplier’s property;6.1.2 not destroy, deface or obscure any identifying mark or packaging on or relating to the goods; maintain the goods in satisfactory condition and keep them insured on the Supplier’s behalf for their full price against all risks to the reasonable satisfaction of the Supplier. On request you shall produce the policy of insurance to the Supplier; and6.1.3 hold the proceeds of the insurance referred to in condition 6.1.2 on trust for the Supplier and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.6.2 If you are a business customer your right to possession of the goods shall terminate immediately if:6.2.1 you have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency; or6.2.2 you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you or you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or you cease to trade; or6.2.3 you encumber or in any way charge any of the goods. 7. Your right of cancellation7.1 You have the right to cancel the contract at any time up to 10 days after you receive the goods (see below). Please note that this policy has some limitations and does not apply to business customers.7.2 To exercise your right of cancellation, you must give written notice to the Supplier by hand post or email, giving details of the goods ordered and (where appropriate) their delivery. Notification by phone is not sufficient.7.3 Except in the case of faulty or mis-described goods, if you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to the Supplier at your own cost. The goods must be returned to the address shown within the Returns on Line section of the website. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit. In the case of faulty or mis-described goods we shall, after receiving notification in accordance with clause 8.3 or 8.4, either collect the goods from you or ask you to return the goods yourself and possibly refund you the reasonable postage costs.7.4 Once you have notified the Supplier that you are cancelling the contract, the Supplier will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods.7.5 Except in the case of faulty or mis-described goods, if you do not return the goods as required, the Supplier may charge you a sum not exceeding the direct costs of recovering the goods. 8. Warranty8.1 All goods supplied by the Supplier are warranted free from defects for 12 months from the date of supply (unless otherwise stated). This warranty does not affect your statutory rights as a consumer.8.2 This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, finished colour/aesthetic appearance of the product or if the product has been exposed to the use of any Traffic Film Remover or alternative acidic cleaner (commonly used in hand car washes), negligence by you or any third party, use otherwise than as recommended by the Supplier, failure to follow the Supplier’s instructions, or any alteration or repair carried out without the Supplier’s approval.8.3 If the goods supplied to you are damaged on delivery, you should notify the Supplier in writing via email within 7 working days. (Please note that this is 48hrs for our business customers)8.4 If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify the Supplier in writing via email, as soon as possible, but in any event within 14 days of the date you discovered or ought to have discovered the damage, defect or complaint.8.5 The supplier is under no right to refund defected items, if a suitable replacement is available. 9. Limitation of Liability9.1 Subject to 9.2 below, if you are a consumer the Supplier shall not be liable to you for any loss or damage in circumstances where:9.1.1 there is no breach of a legal duty owed to you by the Supplier or by its employees or agents;9.1.2 such loss or damage is not a reasonably foreseeable result of any such breach;9.1.3 any increase in loss or damage resulting from breach by you of any term of this contract.9.2 Nothing in these conditions excludes or limits the liability of the Supplier for death or personal injury caused by the Supplier’s negligence or fraudulent misrepresentation.9.3 If you are a business customer the Supplier shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement. 10. Acceptance of GoodsIt is the Buyer’s responsibility to check the Goods are free from obvious defects and that no parts are missing within 14 days of delivery. If they have not been rejected and/or an issue raised within this time period, the Company will deem that the Buyer has accepted the Goods and that they were delivered complete. The Buyer shall not be entitled to reject the Goods in whole or in part and shall not be able to claim a free replacement for a missing part thereafter. We therefore encourage all Goods to be inspected and checked as soon as they arrive and if there is an issue, we can be contacted by phone, Email, social media message or in writing. 11. Returning GoodsGoods purchased by mail order that prove unsuitable may be returned for refund, credit or exchange if they are returned to the Company within 7 days of receipt, subject to the following conditions.Items are returned carriage paid, unused and in their original condition to secure a refund. Items must be returned complete with all packaging in good condition. The Company is not obliged to make any offer to refund, credit or exchange goods if received outside the 7 day period. Items not returned within 7 days will be subject to a re–stocking fee of not less than 15% (this does not affect statutory rights) should the Company agree to accept the goods. We cannot accept for return non – stock / special order items once supplied unless there is a specific manufacturing defect. We cannot accept responsibility for returned goods which are undelivered; retain your proof of postage for use in the event of any claim. The Company is not responsible for any costs incurred during fitting or removal of any allegedly faulty (or incorrectly supplied) goods (see point 13.). To offset the cost of order processing, the Purchaser will be charged a handling fee in accordance with costs incurred by the Company on all returned goods unless the Company accepts liability for any unsuitable or faulty item. An amount no greater than 25% of the original purchase price will be applied. 12. Data ProtectionThe Supplier will take all reasonable precautions to keep the details of your order and payment secure but unless the Supplier is negligent, the Supplier will not be liable for unauthorised access to information supplied by you. we do not store credit card details unless agreed, nor do we share customer details with any 3rd parties 13. ImagesProduct images are for illustrative purposes only and may differ from the actual product. 14. CopyrightAll information displayed on this website is the property of Kays Auto Specialists Ltd; It may not be used without prior written consent of Kays Auto Specialists Ltd Our return address is: KAYS AUTOSPECIALISTS LTDAIRTEC Motorsport KINGS ROAD CHARFLEETS INDUSTRIAL ESTATE CANVEY ISLAND ESSEX SS8 0RA 01375 371449 These terms of sale and the supply of the goods will be subject to English law and the English courts will have jurisdiction in respect of any dispute arising from the contract, save that consumers resident in Scotland shall have the right to insist upon these terms being construed in accordance with the laws of Scotland and to submit to the jurisdiction of Scottish courts. Terms and Conditions - Airtec 1. Format of the Contract1.1 These terms of sale apply to all goods supplied by Kays Auto Specialists. trading as Auto Specialists , whose registered office is at Broad Oak House, 1 Grover Walk, Corringham, Essex SS17 7LU registered in England and Wales.1.2 No contract exists between you and the Supplier for the sale of any goods until the Supplier has received and accepted your order.1.3 An acceptance of your offer to buy the goods will be sent shortly after your order. However, we do have the right to terminate the contract in the event that the goods are unavailable, mis-priced or cleared funds are not received.1.4 The contract is subject to your right of cancellation (see below).1.5 The Supplier may change these terms of sale without notice to you in relation to future sales. 2. Description and price of the goods2.1 The description and price of the goods you order will be as shown on the Supplier’s website at the time you place your order.2.2 The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock we will not accept your order. If after acceptance or job order the Supplier discovers within [14 days] of our acceptance of your order that the goods are unavailable we may terminate the contract and refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.2.3 Every effort is made to ensure that prices shown on the Supplier’s website are accurate at the time you place your order. If an error is found within 14 days of accepting your order, the Supplier will inform you as soon as possible and offer you the option of reconfirming your order at the correct price, or cancelling your order. If the Supplier does not receive an order confirmation within 14 days of informing you of the error, the order will be cancelled automatically. If you cancel the order, or if the order is cancelled automatically due to the expiry of the 14 day period, the Supplier will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.2.4 In addition to the price, you may be required to pay a delivery charge for the goods, unless agreed. Some packages (those particularly large or heavy) that are sent outside of the UK maybe subject to an unforeseen additional delivery charge that is stipulated by the courier at the time of booking the delivery. In this instance, we will notify you of the exact carriage cost and you will have the option to refund the order or pay the additional charge. 3. Payment3.1 Payment for the goods and delivery charges can be made by any method shown on the Supplier’s website at the time you place your order. Payment shall be due before the delivery date and time for payment shall be a fundamental term of this agreement, breach of which shall entitle the Supplier to terminate the contract immediately.3.2 There will be no delivery until cleared funds are received.3.3 Payments shall be made by you without any deduction whatsoever unless you have a valid court order requiring an amount equal to such deduction to be paid by the Supplier to you. 4. Delivery4.1 The goods you order will be delivered via The most effective means deemed fit, to the address you give when you place your order.4.2 Orders placed on a working day will be processed that day, provided no additional security checks are required and all stock items are available. (A working day is any day other than weekends and bank or other public holidays.)4.3 If delivery cannot be made to your address for reasons under the Supplier’s control the Supplier will inform you as soon as possible.4.4 If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under control of the Supplier) then without prejudice to any other right or remedy available to the Supplier , the Supplier may:4.4.1 store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or4.4.2 sell the goods at the best readily obtainable price and (after deducting all reasonable storage and selling expenses) account to you for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods.4.5 If you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations the Supplier shall refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods. On exercising your right to cancel you shall be required to return the goods to the Supplier. Should you fail to return the goods, the Supplier reserves the right to deduct any direct costs incurred by the Supplier in retrieving the goods as a result of such failure.4.6 Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, the Supplier will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, the Supplier will inform you as soon as possible.4.7 Upon receipt of your order you will be asked to sign for the goods received in good condition. If the package does not appear to be in good condition then please refuse the delivery. If you are unable to check the contents of your delivery at the point of delivery then please sign for the parcel as “UNCHECKED”. Failure to do so may affect any warranty claims that you make thereafter. 5 Risk/Title5.1 The goods are at your risk from the time of delivery.5.2 Ownership of the goods shall not pass to you until the Supplier has received in full (in cash or cleared funds) all sums due to it in respect of:5.2.1 the goods, and5.2.2 all other sums which are or which become due to the Supplier from you on any account.5.3 The Supplier shall be entitled to recover payment for the goods even though ownership of any of the goods has not passed from the Supplier. 6. Title for Business Customers6.1 If you are a business customer until ownership of the goods has passed to you, you must:6.1.1 store the goods (at no cost to the Supplier) separately from all your other goods and goods of any third party in such a way that they remain readily identifiable as the Supplier’s property;6.1.2 not destroy, deface or obscure any identifying mark or packaging on or relating to the goods; maintain the goods in satisfactory condition and keep them insured on the Supplier’s behalf for their full price against all risks to the reasonable satisfaction of the Supplier. On request you shall produce the policy of insurance to the Supplier; and6.1.3 hold the proceeds of the insurance referred to in condition 6.1.2 on trust for the Supplier and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.6.2 If you are a business customer your right to possession of the goods shall terminate immediately if:6.2.1 you have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency; or6.2.2 you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you or you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or you cease to trade; or6.2.3 you encumber or in any way charge any of the goods. 7. Your right of cancellation7.1 You have the right to cancel the contract at any time up to 10 days after you receive the goods (see below). Please note that this policy has some limitations and does not apply to business customers.7.2 To exercise your right of cancellation, you must give written notice to the Supplier by hand post or email, giving details of the goods ordered and (where appropriate) their delivery. Notification by phone is not sufficient.7.3 Except in the case of faulty or mis-described goods, if you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to the Supplier at your own cost. The goods must be returned to the address shown within the Returns on Line section of the website. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit. In the case of faulty or mis-described goods we shall, after receiving notification in accordance with clause 8.3 or 8.4, either collect the goods from you or ask you to return the goods yourself and possibly refund you the reasonable postage costs.7.4 Once you have notified the Supplier that you are cancelling the contract, the Supplier will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods.7.5 Except in the case of faulty or mis-described goods, if you do not return the goods as required, the Supplier may charge you a sum not exceeding the direct costs of recovering the goods. 8. Warranty8.1 All goods supplied by the Supplier are warranted free from defects for 12 months from the date of supply (unless otherwise stated). This warranty does not affect your statutory rights as a consumer.8.2 This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, Finished colour/aesthetic appearance of the product or if the product has been exposed to the use of any Traffic Film Remover or alternative acidic cleaner (commonly used in hand car washes), negligence by you or any third party, use otherwise than as recommended by the Supplier, failure to follow the Supplier’s instructions, or any alteration or repair carried out without the Supplier’s approval.8.3 If the goods supplied to you are damaged on delivery, you should notify the Supplier in writing via email within 7 working days. (Please note that this is 48hrs for our business customers)8.4 If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify the Supplier in writing via email, as soon as possible, but in any event within 14 days of the date you discovered or ought to have discovered the damage, defect or complaint.8.5 The Supplier is under no right to refund defected items, if a suitable replacement is available. 9. Limitation of Liability9.1 Subject to 9.2 below, if you are a consumer the Supplier shall not be liable to you for any loss or damage in circumstances where:9.1.1 there is no breach of a legal duty owed to you by the Supplier or by its employees or agents;9.1.2 such loss or damage is not a reasonably foreseeable result of any such breach;9.1.3 any increase in loss or damage resulting from breach by you of any term of this contract.9.2 Nothing in these conditions excludes or limits the liability of the Supplier for death or personal injury caused by the Supplier’s negligence or fraudulent misrepresentation.9.3 If you are a business customer the Supplier shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement. 10. Acceptance of GoodsIt is the Buyer’s responsibility to check the Goods are free from obvious defects and that no parts are missing within 14 days of delivery. If they have not been rejected and/or an issue raised within this time period, the Company will deem that the Buyer has accepted the Goods and that they were delivered complete. The Buyer shall not be entitled to reject the Goods in whole or in part and shall not be able to claim a free replacement for a missing part thereafter. We therefore encourage all Goods to be inspected and checked as soon as they arrive and if there is an issue, we can be contacted by phone, Email, social media message or in writing. 11. Returning GoodsGoods purchased by mail order that prove unsuitable may be returned for refund, credit or exchange if they are returned to the Company within 7 days of receipt, subject to the following conditions.Items are returned carriage paid, unused and in their original condition to secure a refund. Items must be returned complete with all packaging in good condition. The Company is not obliged to make any offer to refund, credit or exchange goods if received outside the 7 day period. Items not returned within 7 days will be subject to a re–stocking fee of not less than 15% (this does not affect statutory rights) should the Company agree to accept the goods. We cannot accept for return non – stock / special order items once supplied unless there is a specific manufacturing defect. We cannot accept responsibility for returned goods which are undelivered; retain your proof of postage for use in the event of any claim. The Company is not responsible for any costs incurred during fitting or removal of any allegedly faulty (or incorrectly supplied) goods (see point 13.). To offset the cost of order processing, the Purchaser will be charged a handling fee in accordance with costs incurred by the Company on all returned goods unless the Company accepts liability for any unsuitable or faulty item. An amount no greater than 25% of the original purchase price will be applied. 12. Data ProtectionThe Supplier will take all reasonable precautions to keep the details of your order and payment secure but unless the Supplier is negligent, the Supplier will not be liable for unauthorised access to information supplied by you. we do not store credit card details unless agreed, nor do we share customer details with any 3rd parties 13. ImagesProduct images are for illustrative purposes only and may differ from the actual product. 14. CopyrightAll information displayed on this website is the property of Kays Auto Specialists Ltd; It may not be used without prior written consent of Kays Auto Specialists Ltd Our return address is: KAYS AUTOSPECIALISTS LTDAIRTEC Motorsport KINGS ROAD CHARFLEETS INDUSTRIAL ESTATE CANVEY ISLAND ESSEX SS8 0RA 01375 371449 These terms of sale and the supply of the goods will be subject to English law and the English courts will have jurisdiction in respect of any dispute arising from the contract, save that consumers resident in Scotland shall have the right to insist upon these terms being construed in accordance with the laws of Scotland and to submit to the jurisdiction of Scottish courts. Terms and Conditions - Triple R Composites Any product that has been fitted to a vehicle will be 100% non returnable / refundable.Returns must be notified within 14 days in writing to [email protected] longer needed - If you no longer want your part then please get in touch as soon as possible to avoid your order being sent out and we will issue a full refund. If you wish to return a delivered item as you no longer need or want it the postage costs will need to be covered by the customer. If the item passes the return departments checks to make sure there is no damage to the parts then a refund will be processed this will be minus a 10% restock fee. Shipping charges are non refundable Wrong part - If the wrong part has been ordered and delivered for your car, returns are accepted, the item will need to be delivered back to us where we will check the item for damage before carrying out a refund or dispatching the correct replacement part. A 10% restock charge will be deducted from your refund. The customer will be responsible for the postage charge and courier. We always advise customers to pop a note in with the part stating your name, order number, address and if you wish for a refund or correct part. Letting us know in advance that a part is being returned is recommended to speed up the process of having your order correctly dealt with.If by mistake we have sent out the wrong item, we will have the item collected from you and the correct item sent out. If this was to occur we need to be notified within two weeks of receiving your order.Damaged - We hope you don't have any damaged products delivered but of course this isn't always something that can be helped in transit.We always advise never to sign deliveries as "being received in good condition" if the outer box is damaged just incase the part inside the box is too. This will speed up the process of any claims that may need to be made against the courier. If the part has arrived damaged we always recommend getting in touch and emailing us pictures of the damaged part before having it sent back to us. We will always do our best to resolve damaged product issues as quick as possible.If the damage was done in customers possession we are unable to refund or replace the item.Delivered to the wrong address - If your order is showing as having been delivered but not to your chosen delivery address, we advise you contact the courier yourself. If you continue to experience problems as a result of this please contact us so we can assist.RETURN ADDRESS TRCUnit 5B Blackwell Farm Ind Est Station RdTilbrookCambridgeshirePE28 0JQ Terms and Conditions - Clearpay 1. Our relationship with you Welcome to Clearpay! Our full name is Clearpay Finance Limited, and our company number is 05198026. We have a registered office at 101 New Cavendish Street, London, W1W 6XH. These terms and conditions apply to you when: • you ask us to finance your purchase of goods or services offered by our retailers (this is an “Order”); and • we provide you with a credit plan which sets out the rules of us providing you finance under each Order (this is a “Clearpay Plan”). We may reject an Order or cancel an Order and a Clearpay Plan before the goods or services are supplied to you by our retailer if we have good reasons. See clause 8 for examples of good reasons. Clearpay is available for UK residents (excluding Channel Islands) aged 18+. See clause 3 for full eligibility criteria. It’s important to note that other terms may also apply when using our services. These include: • Website Terms: These terms set out how to use our website, App and interact with any social media. • Privacy Policy: This is an important document that sets out how we will store and use your personal information. • Product Terms: Other terms may apply when you use other services offered by us. If other terms apply, we will provide them to you or tell you where to find them. Together these documents form a legal agreement between you and us and we will collectively call them the “agreement” throughout this document. Important to know! Please use Clearpay responsibly. Using us to pay for goods or services in instalments is a form of interest free unregulated credit. It’s important that you pay us on time otherwise you may incur late payment fees. We may charge a £6 late fee for each late instalment and for Orders over £24, we may charge a further £6 if the instalment is still unpaid 7 days later. For Orders over £24, late fees are capped at the lower of £24 or 25% of the purchase price of the Order. Missed payments may affect your ability to use us in the future and we may pass unpaid debt to our debt collection agency. You can read more about this at clauses 17 and 18 below. If you want more information on our services or can’t find what you are looking for in the agreement, you might find it useful to read our FAQ. However, please note that these are for information purposes only and do not form part of our agreement with you. If there is something you don’t understand in the agreement, please get in touch. If there is something you don’t agree with, unfortunately we won’t be able to provide you with a Clearpay Plan. Changing these terms and conditions You can find out more information about how we change these terms and conditions in clause 29 below. We may update our terms from time to time so please check-in regularly. 2. What is Clearpay? We are a ‘buy now pay later’ company that allows you to buy goods or services offered by our retailers online or in stores including overseas retailers in countries approved by us. Our list of retailers is on our website. We provide services to you mainly through our website and app although we do provide our services in other ways. For example, (i) when you make purchases in retailers’ stores, you use our virtual Clearpay Card added to a digital wallet such as Apple Pay or Google Pay; or, (ii) when you make In-app purchases at our retailers, you use our virtual single-use Clearpay Card, the details of which will be populated at checkout. You can find out more information below on how our Clearpay Card works. By entering a Clearpay Plan, you instruct us to pay the retailer in exchange for you repaying to us the agreed amounts in instalments, on the dates set out in your payment schedule in each Clearpay Plan. The amounts will include the cost of the goods or services, shipping costs and any taxes or amounts charged by a retailer. We will send you a copy of each Clearpay Plan by email. For any purchases you make in-store using the Clearpay Card, you might want to add a tip for the retailer. See clause 10 for information on how this works with a Clearpay Plan. Each Clearpay Plan is a separate short-term fixed sum loan agreement where we lend you a fixed amount of credit to allow you to pay for your purchase over 4 instalments due every 2 weeks under the payment schedule for each Order. Clearpay Plans are not regulated by the Financial Conduct Authority. Your Account 3. How do I open an account /eligibility criteria? To place Orders and enter Clearpay Plans, you must register with us for an account. To register for an account and be eligible to use our services, you must be a UK resident (excluding Channel Islands), aged 18 or over, have a UK payment method (e.g., debit or credit card or any other card accepted by us), a UK billing address and a valid email address and UK mobile number. We’ll ask you for information about you to check your identity and to meet our legal and regulatory requirements. We’ll only register your account when we have approved the information. To find out how we use your personal information, please see our privacy policy. You can create an account by visiting our website or we can create an account for you when you place your first Order. When your account is set up, you’ll choose a payment method for the instalment payments (e.g., credit or debit or other payment card or method accepted by us such as Apple Pay). Our services are for your personal non-business use, and you are limited to opening one account (if we’ve closed your account, you’ll be prevented from creating a new one). 4. Keeping your account safe and secure When your account is created, you will be asked to set up a username and secure password. You can then access your account through our website or app. You need to keep your security details, account, and our Clearpay Card safe and secure. This means you shouldn’t share your security details with anyone, and you should be careful when writing your security details down so that other people cannot see or access your security details. You should also log out of your account on your electronic device when you have finished using your account. We are not responsible for any unauthorised use or access of your account unless we have failed to take reasonable steps to prevent such unauthorised use or access. You must contact us immediately if you notice any unauthorised access or use of your account. 5. How to use your account? There are certain things you must do and not do when having an account with us. For example: • act responsibly when using us to buy goods or services; • pay your instalment payments on time; • provide to us your identity documents when reasonably requested by us; • keep your contact details accurate and up to date; • help us to investigate any illegal or unapproved activity on your account; • don’t provide us with any false, inaccurate or misleading information; • don’t use your account for illegal purposes (such as fraud) or activities that are not approved by us; • don’t allow other people to use your account, the Clearpay Card in your digital wallet or access your security details; • don’t open or use more than one Clearpay account; and • don’t do anything to harm our systems or prevent us from providing our services. 6. What happens if something goes wrong with my account or the services? We’ll try our best to make sure that our services and your account are available and accessible at a reasonable speed, however we can’t promise that this will always be the case, or our services will always be free from problems. If there are problems with our services or your account, we’ll work to solve any problems as soon as possible. We’re not responsible for your losses if our services or your account are unavailable or inaccessible. 7. How do I close or deactivate my account? You can request to close or deactivate your account at any time via the app. To do so you’ll need to pay us all amounts you owe us under a Clearpay Plan (including late fees) immediately. We’ll also need to make sure that all complaints or refunds owed to you have been sorted. Closing your account permanently removes access to your profile, purchase history and your account information via the app and web portal. This means that you will no longer be able to make any new purchases or make changes to your account. You may still be able to view your account details and obtain your transaction history by contacting us. Clearpay will retain your information in accordance with our Privacy Policy (available on the Clearpay website) and any applicable law, rule or regulation. You may not close your account to evade an investigation. You may deactivate your account which means you won’t be able to use your account for new purchases but you will still have access to your profile, purchase history and your account information via the app and web portal. You can re-activate your account at any time via the app. 8. When can you suspend or close my account? We may suspend or close your account if we have good reasons. Good reasons include: • to protect our systems, technology and services from harm; • to prevent illegal activity such as fraud; • to reduce the risk of money laundering or terrorist financing; • to protect us from legal or regulatory risks or non-payment risk by you; • if you break our agreement in a serious or persistent way including by not making payment on the instalment due dates or giving us false or inaccurate information; • if we think any Order or your behaviour is suspicious; • if you use our services for purposes or activities that are not approved by us; • if you do not pass our identity or pre-authorisation checks; or • if we have to under any law, regulation, court order or instructions from a regulatory authority. • if you fail to make repayment on time. We’ll use our best efforts to provide written notice to you before closing your account except where notifying you would be unlawful or reduce our security measures. Where we close your account, you’ll need to pay us all amounts you owe us under a Clearpay Plan (including late fees) immediately. 9. What happens after my account is closed? Where your account has been closed for any reason, yours and our obligations under these terms and conditions will continue until all Orders and Clearpay Plans entered before account closure are completed and all complaints and refunds are sorted. Closing your account will also end any other agreements you have with us. Orders, Payments and Billing 10. How do I place an Order? Online purchases You need to choose the goods or services you want to buy from a retailer online and follow the retailer’s instructions to arrange for your Order to be placed with us. Store purchases You can place Orders using the Clearpay Card from retailers who offer Clearpay in stores. The Clearpay Card is a virtual card, added to a digital wallet, such as Apple Pay or Google Pay that Clearpay permits you to use when shopping in stores with our retailers. To use the Clearpay Card, you need to first download our app and add the Clearpay Card to a digital wallet by following the instructions in our app. When you are ready to purchase goods or services in a store, open our app to the ‘Card’ tab and follow the instructions in the app to make purchases from retailers up to an estimated available to spend amount shown in the app. This is the estimated amount you can spend with your account. This amount is not guaranteed and may be different if you shop with certain retailers who set their own limits on how much you can purchase using Clearpay. For any purchases you make in-store using the Clearpay Card, you might want to add a tip for the retailer. If you decide to add a tip to your in-store purchase, the total amount and the instalment amounts set out in the Clearpay Plan we initially send to you will be an estimate only based on the best information we have at the time of your purchase. The actual total amount and instalment amounts may be more or less depending on the final purchase amount that is confirmed to us by the retailer, including the amount of any tips you have made. We will email you a final payment schedule to supplement your Clearpay Plan after you complete your purchase, setting out your actual total amount and instalment amounts. If the amount of your tip causes you to go over the estimated amount available to spend, we will pause your ability to make any further Clearpay purchases until you are able to repay that excess amount. The Clearpay Card can only be used by you. You may be asked to set up a PIN for your use of the Clearpay Card. You must keep your security details, PIN, and the Clearpay Card safe and secure from theft, fraud, and unauthorised use. If your phone or device on which the Clearpay Card is loaded is lost or stolen, please contact us immediately. In-app purchases using a single-use Clearpay Card You need to choose the goods or services you want to buy from a retailer in the Clearpay app, select “pay by debit or credit card” and click “Buy/Shop now. Pay later”. If you are approved by Clearpay, we will authorise you to use a single use card issued to Clearpay to pay for your purchase, the details of which will be populated by us into the retailer´s checkout process. You must click confirm to proceed with your purchase. Please remember that the Clearpay Card is not your card. It is our card that is generated using our App and linked to the digital wallet on your phone or other electronic device. You are an authorised user of our card. Each time you place an Order in stores, you authorise payment with the Clearpay Card where we pay for the purchase to the retailer, and you repay us in 4 instalments which are set out in a Clearpay Plan. 11. When do you approve an Order? We may perform pre-authorisation checks on your UK payment method before we agree to finance your purchase to make sure you can afford the Clearpay Plan. We may do this for all payment methods listed in your account. A pre-authorisation check is where money in your bank account linked to your payment method is temporarily placed on ‘hold’ when you make an online purchase or use our Clearpay Card for store purchases. This amount will not exceed the total amount of your first instalment plus 1p owed to us under a Clearpay Plan. No money is taken from your account at this stage. For online purchases and In-app purchases using a single-use Clearpay Card, we will notify your bank to cancel the pre-authorisation after the pre-authorisation is processed. For store purchases, we will instruct your bank to cancel the pre-authorisation if the purchase does not happen using our Clearpay Card. We cannot promise the time it will take your bank to cancel the pre-authorisation and release the amount. In most cases, banks will release the amount within a few hours of the pre-authorisation being cancelled by us. However, sometimes banks take up to 14 days to release money. We have no control or influence over your bank releasing any amounts under a cancelled pre-authorisation. If we approve your Order, we will provide you with a Clearpay Plan by email confirming your Order and your payment schedule. The payment schedule will set out a repayment plan of 4 instalments and the relevant due dates of each instalment which you agree to pay in full. We will finance the purchase price set out in the Clearpay Plan by paying that amount to the retailer for you. Please note that we cannot promise that a retailer will complete the Order and provide the goods or services financed under a Clearpay Plan. We may reject an Order or cancel an Order and a Clearpay Plan before the goods or services are supplied to you by our retailer if we have good reasons. Please see examples of good reasons above. If we cancel an approved Order and Clearpay Plan, we will refund you all the amounts you have paid us to your payment method (or if that is not possible, any other UK card listed in your account) and cancel any future automatic payments related to that Clearpay Plan. If we also cancel a Clearpay Plan because a chargeback has been issued on the first instalment, that payment will not be refunded to you by us. Any return of money for that first instalment will be between you and your bank. In this situation, the retailer will not have to provide the goods or services unless required to by law. A chargeback is where you challenge a transaction on your account and ask your bank to reverse the transaction charge. 12. Can I buy goods or services from retailers outside the UK? (Cross Border Trade) You can use your account to buy goods or services from retailers overseas in certain countries that we have approved. Once you have chosen the goods or services that you want to buy from an overseas retailer, we will convert the purchase price into UK sterling using a retail exchange rate chosen by us, acting reasonably. We’ll confirm the final purchase amount (including the exchange rate to be applied) and instalments payable by you under a Clearpay Plan. The exchange rate used will change regularly to reflect the currency fluctuations in the foreign exchange market. We’ll not charge you any set up fees or foreign exchange commission to perform the exchange conversion to UK sterling; however, we may make a margin on any exchange conversion, which may be considered an indirect cost to you. The margin is the difference between the wholesale exchange rate that we may be able to obtain for the foreign currency and the exchange rate that we provide as part of the foreign exchange transaction. We’ll confirm the final amount and instalments payable by you under a Clearpay Plan. Repayments will always be taken from your payment method in UK sterling. 13. Can I buy gift cards on your website or app? Where we approve an Order, and you enter a Clearpay Plan for the purchase of gift cards from third parties on our website or app, additional terms and conditions will apply. These will be notified to you at the time of your purchase. Please read all third-party terms and conditions before you place your Order for a gift card. Yours and our obligations and rights under this agreement in respect of Orders and Clearpay Plans with retailers will apply in the same way to your purchases of gift cards from third parties on our website or app. 14. How do I pay you under a Clearpay Plan? When your account is being set up, you can choose a payment method. You can also change your payment method or add other payment methods at any time through your account. Each time you make an approved Order, we will issue you with a Clearpay Plan where you agree to a payment schedule which sets out the amount you have borrowed from us and your repayments to us in instalments on specific dates. You must make all payments on time under the payment schedule. The first instalment is due when your Order is approved. We may allow payment schedule dates under a Clearpay Plan to be extended subject to certain conditions as set out in your account portal or as agreed with our customer servics team on an individual basis. Where we agree to this, we will update the relevant Clearpay Plan in your account. In addition to the above, all customers have the option to delay up to three (3) payment dates by seven (7) days per calendar year subject to the conditions as set out below. We reserve the right to update these conditions in accordance with clause 29 of this agreement. The conditions are that you cannot delay: • more than one (1) payment in each Clearpay Plan • the first or last payment of a Clearpay Plan • an overdue payment (including any payments you have delayed that subsequently become overdue) • a payment within 24 hours of an instalment payment date • a payment if your Clearpay account is less than 42 days old • a payment if you are on a hardship programme • a payment with restricted merchants who have disabled this benefit. By entering a Clearpay Plan, you authorise us to automatically deduct payments from your payment method for the instalments set out in a payment schedule for each Clearpay Plan on the due dates under a CPA. You can cancel a CPA at any time by contacting your bank but if you do cancel a CPA, you will still owe us the instalment payments under a Clearpay Plan and you will need to make the payments by a different method. A CPA means a continuous payment authority. It is a one-time or regular automatic payment where you give us permission to take money from your debit or credit card account to pay the instalments owed on the scheduled dates under a Clearpay Plan. You need to make sure that you have enough money in your bank account to make the automatic payments under the payment schedule in the Clearpay Plan. You are responsible for any fees, interest or other charges imposed by your bank in line with the terms and conditions of the agreement between you and your bank, except if they were imposed due to our error. If an automatic payment fails, for example, because your debit or credit card has expired, we may take payment from another payment method listed on your account. We may make multiple attempts on each payment method listed on your account at any time. We may also offset any money you owe us from any money we owe you (e.g., refunds) or take any other legal action. If our attempts to take payment fail, late fees may apply unless you make the payment by the instalment due dates. 15. Can I repay a Clearpay Plan early? You have the right to repay a Clearpay Plan early in part or full at any time through your account on our website or app. 16. Do you charge interest? Clearpay Plans are interest free. However, your bank may charge interest or other charges in accordance with the terms and conditions of the agreement between you and your bank. 17. Do you charge late fees? We only charge late fees if you do not pay on time. The late fees charged are: • Orders less than £24: We may charge one late fee of £6 if you do not pay an instalment under a Clearpay Plan by the due date. • Orders equal to or more than £24: We may charge a late fee of £6 if you do not pay an instalment under a Clearpay Plan by the due date and a second late fee of £6 if the instalment is still unpaid 7 days after the due date. The total late fees that may be applied to an Order are capped at 25% of the purchase price of the Order (before any refunds are applied) or £24, whichever is less. All late fees are payable by you at once. Late fees will not be applied until the date after the day that payment is due. You authorise us to deduct payment from your payment method for any late fees when they are due. We may delay or decide not to charge late fees. If we do not enforce our rights against you for late fees, this will not stop us enforcing those rights at a later date. If you think late fees have been charged in error, please let us know. If you’re finding it difficult to pay a Clearpay Plan, please see clause 19 below. 18. How we manage late payments We’ll contact you as soon as we can to let you know that you have missed a payment and propose options for how payment can be made. We will work with you to agree a repayment plan for the Orders and any late fees. If we are unable to collect any amounts you owe us, we may use a debt collection agency to recover amounts owing under Clearpay Plans. 19. What if I cannot pay a Clearpay Plan on time or I am struggling financially? If you are not able to pay us on time, please contact us as soon as possible so we can help you. Please click here for more information on financial difficulties. Refunds and Cancellations 20. How do I request a refund? If you want to return goods to a retailer and request a refund, you need to contact the retailer and arrange the return and refund according to the retailer’s terms and conditions, policies or your consumer law rights. You can notify Clearpay of a return to stop payments and avoid a late payment fee. You can find out more information in clause 21 below. Unless either (i) you cancel the contract of sale with the retailer; or (ii) we are notified by a retailer that a return and refund is in progress; we’ll continue to process any automatic payments in accordance with the dates set out in your payment schedule. Until whichever is the earlier of: (i) such time that you cancel the contract of sale with the retailer; or (ii) such time that the retailer has confirmed the return of the goods and has notified us of the amount of the refund for those goods; you will remain responsible to us for the full payment of your payment schedule. Once the retailer has notified us of the amount of the refund due to you for the goods returned, we will, on the same day, make the consequent adjustment to your payment schedule. If you have returned all the goods financed under the Clearpay Plan, we’ll end that payment schedule and issue a refund of any instalments you have paid to your payment method. If you have not returned all the goods financed under the Clearpay Plan, or if the retailer has notified us that a partial refund is due to you, we’ll adjust your payment schedule appropriately (including to reduce or cancel any future payments, if necessary). Please note, in the event of partial refunds, refund amounts are taken off the last payment first. If the refund is processed to your expired or cancelled card, you’ll need to obtain the returned funds by contacting your bank. Where an overseas retailer issues a refund for a cross border transaction, we’ll use the original retail exchange rate (used at the time the Order was placed) to calculate the refund amount to credit your payment method for the goods or services. If we cannot credit any amounts to your original payment method, we’ll credit it to any other valid UK card listed in your account. If a refund is processed to an expired or cancelled card, you’ll need to contact your bank to obtain the returned funds. Where you want to return goods 120 days or more after you bought the goods, we’ll not be involved in the refund process, and you’ll need to contact the retailer directly for a refund. However, where your account has been closed for any reason, our refund obligations to you will only continue until all amounts are paid under a Clearpay Plan or 120 days has passed since your last Order (whichever is earlier) and after that time, the retailer is responsible for processing refunds. 21. Can I notify Clearpay of a return so I can stop payments and avoid a late payment fee? Yes! You can let us know if you have made a full or partial return so we can pause your payments by up to 2 weeks to allow the retailer to process your returned items. This means that you will not incur late payment fees during this period. You can notify us of a return by using our ‘Pause and Notify’ feature on the App. That’s it! We’ll send you an email confirming your updated payment schedule but please note that if the return isn’t completed by your next payment date and amounts remain due (e.g., you later decide not to return the item after pausing the next payment) you may have 2 payments due on the same day. You’ll also only be able to make this request once per Order. You can find out more about our Pause and Notify feature here. 22. How do I cancel a Clearpay Plan? You have a right to cancel any Clearpay Plan at any time. You can cancel it by contacting us and repaying the full amount owing at once to us. Complaints 23. Complaints about retailers If you have any questions, concerns, or complaints about the purchase of goods or services from a retailer using a Clearpay Plan, or if you want to request a refund from a retailer due to dissatisfaction, defect or non-delivery of goods or services, please contact the retailer directly. The retailer will explain to you your rights and the process to be followed. We may, at our discretion, try and help you and the retailer to fix problems you have but please note this does not change your obligation to make payments to us under a Clearpay Plan except as allowed in these terms and conditions. 24. Complaints about Clearpay If you have any questions, concerns or complaints about us, your Orders, or any Clearpay Plans, please contact our customer services team as soon as possible. We take all complaints seriously and we will try to put things right. We may ask you to help us sort your complaint by requesting additional information and assistance. Please click here for more information on our complaints process. Notices and Communications 25. Contacting you We’ll communicate with you in English and in electronic form by posting our communications on the secure customer area of our website and app or by email, post, and other electronic methods (e.g., SMS) using the contact details listed in your account. Please keep your contact details accurate and up to date and let us know immediately if any information changes. You can update your contact details on our website or app or by contacting us. 26. Contacting Clearpay You can contact us by using the form on the Contact Us section of our website. General 27. Your consumer rights You have consumer law rights when you buy goods or services. This includes when you are treated unfairly or when things go wrong such as faulty goods and poor services. Nothing in this agreement affects your consumer law rights. 28. Our intellectual property We own all the intellectual property (like copyright, trademarks etc.) in our services including our logos and the content on our website and app. You must not use our intellectual property without our permission except to use our services. 29. Changes to these terms and conditions Each time we provide you with a Clearpay Plan, you’ll be asked to agree to the terms and conditions in force at that time (which may be different to the version you previously agreed to for earlier Orders). The version of the terms and conditions in force at the time you enter a particular Clearpay Plan will apply to that Clearpay Plan for the duration of the Clearpay Plan. The terms and conditions you agree to for each Clearpay Plan will be emailed to you after we approve each Order. Unless we agree with you beforehand or we are required to do so by law, rule, or regulation, we’ll never change those terms. The latest version of our terms and conditions will be posted on our website. 30. Relationship between Clearpay and retailers When you enter a Clearpay Plan, the retailer will pay us a fee for each Clearpay Plan used by you. We lend you a fixed amount of credit to allow you to purchase goods or services from a retailer, but it is the retailer who is the seller of the goods or services, and your purchase will be under their terms and conditions. You should read their terms and conditions before you buy any goods or services. Please note that we do not have any control over the goods or services provided by a retailer, and we are not responsible for the retailer’s behaviour. 31. Liability If we break this agreement, we’ll only be responsible for your losses that we could have foreseen at the time we entered into this agreement and only up to the amount of the purchase price of each Order. Nothing in this agreement affects your consumer rights or limits or excludes our liability for death or personal injury resulting from our negligence, for fraud or fraudulent misrepresentation or any other losses which cannot be limited or excluded under law. 32. Rights and obligations Only you and we have rights and obligations under this agreement. You cannot transfer any rights you have to anyone else. We can transfer our rights and obligations to our group companies and third parties. We will let you know about this unless your Clearpay Plans will not be affected. Your legal rights will not be affected by the transfer. 33. Our right to enforce the agreement If you break this agreement and we do not enforce our rights against you, this will not stop us from enforcing those rights or other rights at a later date. 34. Taking legal action If your address is in England and Wales, the laws of England and Wales apply and any dispute about the terms and conditions will be dealt with by the courts of England and Wales. If your address is in Scotland, the laws of Scotland apply and any dispute about the terms and conditions will be dealt with by the courts of Scotland. If your address is in Northern Ireland, the laws of Northern Ireland apply and any dispute about the terms and conditions will be dealt with by the courts of Northern Ireland. Copyright © Autobeam. All rights reserved. Light like no other.
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