Terms and Conditions

Terms and Conditions of website use

1. DEFINITIONS


1.1 "Mechanics Choice" is mechanics-choice.co.uk trading from 6 Berrywood Close, Northampton, NN5 4BW. The registered office of Mechanics-Choice.co.uk is 6 Berrywood Close, Northampton, NN5 4BW. Mechanics-Choice.co.uk is also the website address www.Mechanics-Choice.co.uk and any sub domains or derivatives thereof.

1.2 "Website" is the Internet web page or Internet web pages published by Mechanics Choice or any other party on its behalf in the course of its business practices.

1.3 "Customer" is any person, company or organisation whom visits and uses information from the Website.

1.4 "Construction" is all intellectual property programmed and designed and executed by Mechanics Choice or its agent for the purpose of publishing all material contained within the Website other than such intellectual property as is expressly accepted on the Website.

2. USE OF THE WEBSITE AND OBLIGATIONS OF THE CUSTOMER


2.1 It is the sole responsibility of the Customer to satisfy himself or herself prior to using the Website that the Website is suitable for the purposes of the Customer and up to date. The Customer should also clear their temporary cache and refresh their browser each time they visit the Website to ensure that they download the most up to date version of the Website.

2.2 Although every effort has been made to provide accurate information on these pages, neither Mechanics Choice, nor any of its employees, nor any of its suppliers, nor any of their employees, make any warranty, expressed or implied, or assume any legal liability (to the extent permitted by law) or responsibility for the suitability, reliability, timeliness, accuracy or completeness of the Website.

2.3 The Customer is notified that Mechanics Choice cannot exercise control over the security or subject matter of the Website and Mechanics Choice hereby excludes all liability of any kind for the transmission or reception of any infringing part of the Website.

2.4 The Customer is notified and agrees that the Customer is only permitted to use the Website as expressly set out in these Terms and Conditions or on the Website.

2.5 The Customer is notified and agrees that the Website is for the Customer's own personal use only on a single computer or device.

2.6 The Customer is notified and agrees that the Customer may not:

2.6.1 Copy, disclose, modify, reformat, display, distribute, license, transmit, sell, perform, publish, transfer or otherwise make available any of the Website or any information learned by the Customer whilst accessing the Website;

2.6.2 Remove, change or obscure in any way anything on the Website and/or the Construction or otherwise use any material obtained whilst using the Website and/or the Construction except as set out in these Terms and Conditions;

2.6.3 Reverse engineer or decompile (whether in whole or in part) any software used in the Website and/or the Construction (except to the extent expressly permitted by applicable law);

2.6.4 Copy or use any material from the Website and/or the Construction for any commercial purpose;

2.6.5 Remove, change or obscure any copyright, trade mark or other intellectual property right notices contained in the original material of, or from any material copied or printed from, the Website or any good, services or content thereof;

2.6.6 Receive, access or transmit any content which is obscene, pornographic, threatening, racist, menacing, offensive, defamatory, in breach of confidence, in breach of any intellectual property right (including copyright) or otherwise objectionable or unlawful;

2.6.7 Circumvent user authentication or security of any host, network or account (referred to as "cracking " or "hacking") nor interfere with service to any user, host or network (referred to as "denial of service attacks") nor copy any pages or register identical keywords with search engines to mislead other users into thinking that they are reading Mechanics Choice's legitimate web pages (referred to as "page-jacking") or use the Website or the Construction for any other unlawful or objectionable conduct. Users who violate systems or network security may incur criminal or civil liability and Mechanics Choice will at its absolute discretion fully co-operate with investigations of suspected criminal violations, violation of systems or network security under the leadership of law enforcement or relevant authorities;

2.6.8 Use the Site and/or the Construction to advertise or offer to sell any goods or services for any commercial purpose without Mechanics Choice's written consent;

2.6.9 Knowingly or recklessly transmit any electronic content (including viruses) through the Website and/or the Construction which shall cause or is likely to cause detriment or harm, in any degree, to computer systems owned by Mechanics Choice or other Internet users; or

2.6.10 Hack into the Website, make excessive traffic demands of the Website, deliver or forward chain letters, "junk mail" or "spam" of any kind, surveys, contests, pyramid schemes through the Website or otherwise engage in any other behaviour intended to inhibit other users from using and enjoying the Website and/or the Construction or any other website, or which is otherwise likely to damage or destroy Mechanics Choice's reputation or the reputation of any third party.

3. CUSTOMER INFORMATION



Mechanics Choice's usage of Customers’ personal information is governed by Mechanics Choice Privacy Policy Statement (link to Privacy Policy at the foot of this page), which forms part of these Terms and Conditions.

4. PROPRIETARY RIGHTS



4.1 All trade marks used on the Website and/or the Construction are the trademarks of Mechanics Choice. The Customer shall only make fair use of the trade marks and will not use the trade marks, whether design or word marks: (1) as or as part of their own trade marks; (2) in a manner which is likely to cause confusion; (3) to identify products to which they do not relate; (4) to imply endorsement or otherwise of products or services to which they do not relate; or (5) in any manner which does or may cause damage to the reputation of Mechanics Choice or the trade marks.

4.2 The Customer is notified and agrees that the Website and the Construction or any part thereof, whether presented to the Customer by Mechanics Choice, advertisers or any third party are protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. All rights are expressly reserved.

4.3 The Customer is only allowed to use the Website and the Construction as set out in these Terms and Conditions and nothing on the Website and/or the Construction shall be construed as conferring any licence or other transfer or rights to the Customer of any intellectual property or other proprietary rights of Mechanics Choice or any third party, whether by estoppel, implication or otherwise.

4.4 The Customer hereby grants to Mechanics Choice a perpetual, irrevocable, royalty-free, world-wide licence to reproduce, transfer, modify, adapt and/or publish any content provided by the Customer by email, post or otherwise on the Website and/or the Construction as Mechanics Choice sees fit and without notice to the Customer, unless the Customer has indicated otherwise in such communication.

4.5 The Customer may establish a link to the Website from the Customer's website, provided that the Customer has obtained Mechanics Choice's prior written consent and that, in Mechanics Choice's sole discretion, the context is relevant and the link or its description is not detrimental to Mechanics Choice.

5. LIABILITY IN RESPECT OF THIRD PARTY CONTENT



5.1 The Website may from time to time contain links to the websites, web pages, products and services also operated and/or provided by Mechanics Choice and the Customer agrees that their use of each website, web page, product and service is also subject to the terms and conditions, if any, contained within each website or web page or attached to any products or services. These Terms and Conditions shall be deemed to be incorporated into each set of terms and conditions. In the event that there is any conflict, the terms and conditions contained with the relevant website or web page or attached to the relevant products or services shall prevail over these Terms and Conditions.

5.2 Mechanics Choice assumes no responsibility for and does not endorse unless expressly stated, websites, web pages, content and information created or published by third parties that is included in the Website or which may be linked to and from the Website.

5.3 The Website and the Construction may be used by the Customer to link into other websites, resources and/or networks worldwide. Mechanics Choice accepts no responsibility for those websites, resources, content, goods, services or otherwise and the Customer shall agree to conform to the acceptable use policies of such websites, resources and/or networks.

6. EXCLUSION OF LIABILITY AND OBLIGATIONS OF Mechanics Choice



6.1 The Customer agrees that Mechanics Choice does not generally monitor or edit, and is not required to monitor or edit, the use to which the Customer or others use the Website and the Construction and Mechanics Choice is excluded from all liability of any kind (to the extent permitted by law) arising from the use of the Website and the Construction. Notwithstanding the foregoing, Mechanics Choice reserves the right to alter, update or remove the Website and/or the Construction in whole or in part, at any time as Mechanics Choice in its sole discretion considers to be necessary in order to prevent any breach of these Terms and Conditions or any breach of applicable laws or regulations.

6.2 Mechanics Choice shall use its reasonable endeavours to ensure the maintenance and availability of the Website but availability may be affected by the equipment of the Customer, communication networks, too many people trying to use communication networks or the Internet at the same time or other causes of interference and may fail or require maintenance without notice.

6.3 Mechanics Choice shall not be liable for any special, indirect or consequential damages or any damages whatsoever, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the performance of or use of the Website and/or the Construction and in particular, but without limitation to the foregoing, Mechanics Choice specifically excludes all liability whatsoever in respect of any loss arising as a result of:

6.3.1 Use which the Customer makes of the Website and the Construction or reliance on content or services or goods or any loss of any services, goods or the Customer's content resulting from delays, non-deliveries, missed deliveries, or services interruptions; and

6.3.2 Defects that may exist or for any costs, loss of profits, loss of the Customer's content or consequential losses arising from the Customer's use of, or inability to use or access or a failure, suspension or withdrawal of all or part of the Website and the Construction at any time.

6.4 All conditions or warranties that may be implied or incorporated into these Terms and Conditions by law or otherwise are hereby expressly excluded to the extent permitted by law.

6.5 The Customer's only remedy under these Terms and Conditions is to discontinue use of the Website and the Construction.

6.6 Mechanics Choice makes every effort to ensure the security of the Customer's communications. The Customer is however advised that for reasons beyond Mechanics Choice's control, there is a risk that the Customer's communications may be unlawfully intercepted or accessed by those other than the intended recipient. For example, the Customer's communications may pass over third party networks over which Mechanics Choice has no control. The Internet is not a secure environment. Unwanted programs or material may be downloaded without the Customer's knowledge.

7. INDEMNITY BY THE CUSTOMER



The Customer hereby agrees to fully indemnify and to hold Mechanics Choice harmless from and against any claim brought by a third party resulting from the use of the Website and the Construction or the provision of content, goods or services to Mechanics Choice by the Customer and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered or incurred directly of indirectly by Mechanics Choice in consequence of such use of the Website and the Construction or provision of content, goods or services or the Customer's breach or non-observance of any of these Terms and Conditions.

8. VARIATION



8.1 Mechanics Choice reserves the right to modify the Website and/or the Construction or suspend or terminate the Website and/or the Construction or access to part or all of them at any time.

8.2 Mechanics Choice reserves the right to revise these Terms and Conditions at any time. Such variations shall become effective 2 weeks after being posted on the Website. By continuing to use the Website the Customer will be deemed to have accepted the varied Terms and Conditions.

9. TERMINATION



9.1 Mechanics Choice may elect to suspend, vary or terminate the Website and the Construction and any part thereof immediately and without prior notice at any time for repair or maintenance work or in order to upgrade or update the Website and the Construction and any part thereof or for any other reason whatsoever.

9.2 Mechanics Choice may elect to terminate the Customer's access to the Website and the Construction and any part thereof forthwith on breach of any of these Terms and Conditions by the Customer, or if Mechanics Choice ceases to offer the Website and the Construction and any part thereof for any reason whatsoever.

10. GENERAL



10.1 Governing Law and Jurisdiction - these Terms and Conditions are governed by and construed in accordance with the laws of England and Wales and the Customer hereby submits to the non-exclusive jurisdiction of the English courts.

10.2 Severability - these Terms and Conditions are severable in that if any provision is determined to be illegal or unenforceable by any court of competent jurisdiction such provision shall be deemed to have been deleted without affecting the remaining provisions of these Terms and Conditions.

10.3 Waiver - Mechanics Choice’s failure to exercise any particular right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Mechanics Choice in writing.

10.4 Representations - the Customer is notified and agrees that in entering into these Terms and Conditions the Customer does not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to these Terms and Conditions or not) other than as expressly set out in these Terms and Conditions as a warranty. Nothing in this Clause 10.4 shall, however, operate to limit or exclude any liability for fraud.

10.5 Assignment - the Customer in entering into these Terms and Conditions undertakes that the Customer will not assign, re-sell, sub-lease or in any other way transfer the Customer's rights or obligations under these Terms and Conditions or part thereof. Contravention of this restriction in any way, whether successful or not, will result in the Website and the Construction and all content, goods and services being terminated by Mechanics Choice forthwith. Mechanics Choice may assign these Terms & Conditions in whole or in part to any third party at its discretion.

10.6 Rights of Third Parties - a person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any Clause of these Terms and Conditions.

10.7 Force Majeure - Mechanics Choice shall not be liable in respect of any breach of these Terms and Conditions due to any cause beyond its reasonable control including, but not limited to, Act of God, inclement weather, act or omission of Government or public telephone operators or other competent authority or other party for whom Mechanics Choice is not responsible.

Terms and Conditions of sale for buyers using this site

1 DEFINITIONS


1.1 "Buyer" means the individual or organisation who buys, or agrees to buy, the Goods from the Seller;

1.2 "Consumer" shall have the meaning ascribed in section 12 of the UK's Unfair Contract Terms Act 1977;

1.3 "Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;

1.4 "Goods" means the articles that the Buyer agrees to buy from the Seller;

1.5 "Seller" is TopmarkAutoSpares.co.uk trading from 51 Fuller Road, Moulton, Northampton, NN3 7RA. The registered office of TopmarkAutoSpares.co.uk is 51 Fuller Road, Moulton, Northampton, NN3 7RA. TopmarkAutoSpares.co.uk is also the website address www.TopmarkAutoSpares.co.uk and any sub domains or derivatives thereof;

1.6 "Terms and Conditions" means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller;

1.7 "VAT" means value added tax chargeable under the Value Added Tax Act 1994 and any similar replacement and any similar additional tax; and

1.8 "Website" means this website.

1.9 The Website owner is TopmarkAutoSpares.co.uk.

1.10 A person who is not a party to this Contract has no rights under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce this Contract.

2 CONDITIONS


2.1 Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a Consumer.

2.2 These Terms and Conditions shall apply to all Contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.

2.3 Clicking for an order shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions.

2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.

2.5 Any complaints should be addressed to the Seller's trading address stated in clause 1.5.

3 ORDERING


3.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason. No order will be accepted from buyers in the United States of America or in Canada.

3.2 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified by the Seller and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 30 days.

3.3 When making an order through this Website, the technical steps the Buyer needs to take to complete the order process are described in the “Order Process” section within the website.

3.4 All drawings, illustrations, catalogues and advertising materials on the website are intended only as a general guide to the Goods.

4 PRICE AND PAYMENT



4.1 The price of the Goods shall be that stipulated on the Website. The total purchase price, including VAT, taxes and delivery charges, if any, will be displayed in the Buyer's shopping cart prior to confirming the order. After the order is received, if the seller wishes to accept it, the Seller shall confirm by email the details, description and price for the Goods. Payment of the price must be made in full before dispatch of the Goods by the Seller.

4.2 If the Buyer orders Goods from the Website for delivery outside of the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. The Buyer will be responsible for payment of such import duties and taxes. The Buyer should note that the Seller has no control over these charges and cannot predict their amount. The Buyer should contact their local customs office for further information before placing an order.

5 RIGHTS OF SELLER



5.1 The Seller reserves the right periodically to update prices on the Website, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order.

5.2 The Seller can reserve the right to withdraw any Goods from the Website at any time.

5.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.

5.4 Where any Goods ordered are not available, the Seller reserves the right to substitute Goods where the operating capabilities and technical properties are not, in the opinion of the Seller, adversely effected. Furthermore, vehicle and/or component manufacturer’s names, product and equipment names, descriptions, identifications and part numbers are used for reference purposes only. The right of the Seller is reserved to change the brand of any component supplied, information, specification or price, without prior notice.

6 AGE OF CONSENT



6.1 Where Goods may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods.

6.2 If the Seller discovers that the Buyer is not legally entitled to order Goods, the Seller shall be entitled to refuse to accept the order immediately.

7 WARRANTY



7.1 The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller on the Website. Except where the Buyer is dealing as a Consumer, all other warranties, conditions, or terms by the Seller relating to fitness for purpose, merchantability or condition of the Goods, whether implied by statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyer's purpose.

7.2 All Goods supplied by the Seller are new and covered by a manufacturer supported warranty. The only warranties given are those of the manufacturer (which usually comprises of a 12 month manufacturer supported warranty). The Buyer may, however, purchase an additional warranty from the Seller. In case of complaint, the Buyer should address the complaint to the Seller, who will return the Goods to the manufacturer, or their agent, to get the Goods tested to ascertain the problem with the Goods (i.e. whether it is a manufacturing fault or another problem on the vehicle causing a malfunction of the Goods supplied) and who will undertake the appropriate course of action thereafter which may include repair or replacement of the Goods.

7.3 Any manufacturer supported warranty supplied by the Seller is for the parts only and does not cover the cost of labour to fit the Goods should a claim arise. The Buyer should also note that certain parts of Goods are considered as consumables by manufacturers and, as such, damage caused during their use may not be covered under warranty.

7.4 The Buyer recognises that any manufacturer supported warranty supplied by the Seller is subject to the Buyer complying with any and all instructions provided by the Seller and/or any manufacturer in respect of the Goods including, without limitation, concerning how to install and use them. Without limitation, the Buyer is hereby informed that, in respect of Goods comprising diesel particular filters, the Buyer is required to use the services of an authorised garage to fit such Goods and that, if such Goods fail, the Seller will require a job card from the garage used before any warranty claim can be processed. Further without limitation, the Buyer is hereby informed that, in respect of Goods comprising catalytic converters, the Buyer is required to use the services of an authorised garage to fit such Goods and is required to ensure that any lambder sensors are changed as part of the installation and that, if such Goods fail, the Seller will require a job card from the garage used before any warranty claim can be processed.

8 DELIVERY



8.1 Goods supplied to Buyers within the UK will normally be delivered within 30 days of acceptance of order. Goods supplied to Buyers from outside the UK will have a separate estimate provided as part of the “Order Acceptance” process.

8.2 Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.

8.3 The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event, time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.

8.4 Delivery of the Goods shall be made to the Buyer's address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.

8.5 The Goods will be at the Buyer’s risk from the time of delivery.

8.6 Ownership of the Goods will only pass to the Buyer when the Seller receives payment of all sums due in respect of the Goods, including delivery charges.

8.7 All deliveries will include packaging, unless otherwise stated.

9 CANCELLATION AND RETURN


9.1 The Buyer shall inspect the goods immediately upon receipt, or sign for the Goods as unchecked or damaged. If the Goods are damaged and the Buyer has signed for the Goods as "Received in Good Condition" then claims for damages cannot be made, therefore the Buyer shall be deemed to have accepted the Goods.

9.2 Where a claim of defect or damage is made, and the Goods have been signed for as damaged or unchecked, the Seller shall be responsible for the recovery of the Goods from the Buyer. The Buyer shall be entitled to a full refund (including delivery costs) if the Goods are in fact defective.

9.3 If the Buyer is a consumer resident in the United Kingdom or the European Union, it has the right, in addition to its other rights, to cancel the Contract and receive a refund by informing the Seller via fax, email or post within 7 working days of receipt of the Goods provided that the packaging has not been ripped and is not no longer in a saleable condition.

9.4 In the event of cancellation under Clause 9.3, the Buyer shall be responsible for the return of the Goods to the Seller and the Buyer shall return the Goods to the Seller within 14 days of the date of purchase. The Buyer will be under a duty to take care of the Goods until they have been recovered. The Buyer will receive a refund of all monies (including any charges paid in respect of delivery of the Goods to the Buyer) paid for the Goods within 30 days of cancellation.

9.5 Goods to be returned must clearly show the invoice number obtained from the Seller on the package.

9.6 Where returned Goods are found to be damaged through no fault of the Seller, the Buyer will be liable for the cost of remedying such damage or at the Seller's option will not be entitled to a refund.

10 LIMITATION OF LIABILITY


10.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller, the remedies of the Buyer in respect of the Goods (including, without limitation, in respect of the supply of incorrect Goods) shall be limited to damages which shall in no circumstances exceed the price of the Goods (excluding VAT) and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever including, without limitation, the cost of labour to fit the Goods.

10.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller's agents or employees.

11 WAIVER



No waiver by the Seller (whether express or implied) in enforcing any of its rights under any Contract shall prejudice its rights to do so in the future.

12 FORCE MAJEURE


The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, and the Seller shall be entitled to a reasonable extension of time for compliance with its obligations.

13 SEVERANCE


If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

14 NOTICES


14.1 All notices given pursuant to these Terms and Conditions shall be in writing sent to the other's address for the time being.

14.2 Notices may be sent by hand delivery, by pre-paid first class post, by fax, or by email. Notices will deemed to have been given:

14.2.1 If by hand delivery, at the time of delivery.

14.2.2 If sent by post, on the second business day following the day of posting.

14.2.3 If sent by fax, at the time of transmission and a fax confirmation sheet shall be evidence of transmission.

14.2.4 If sent by email, when the notice is received by the party to whom it is addressed is able to access it in an intelligible form (as defined by section 56(1) of the Regulation of Investigatory Powers Act 1998) and whether the recipient chooses to access it is immaterial.

15 PRICE PROMISE


The Seller's aim is to provide all customers with outstanding value for money. It believes that to the best of its knowledge the Buyer will not find the products that were sold by the Seller cheaper elsewhere. Because the Seller is so confident of this, it makes a "Guarantee not to be beaten on price" statement.

Principally, the decision to give this guarantee is wholly up to the Seller and although it will try at all times to uphold this guarantee there are certain pre-conditions.

The Seller's "Guarantee not to be beaten on price" statement is subject to the following terms and conditions when making a claim:

1: The product must be an identical product to the Goods sold.

2: The product must be in stock and available within the same delivery time frame.

3: Products of the same type but under different brand names cannot be claimed; these are classed as different products.

4: Ebay listing or Ebay shops are not included.

5: Website or companies selling the same product outside the UK are not included.

6: Private sales listed on the internet or any other form of media are not included.

7: Promotions such as specials, new season's prices, clearance prices and free offers that are not at everyday normal prices are not included.

8: Delivery, handling and any other charges should be included in the price comparison.

9: A claim must be made within 14 days of delivery.

10: When making a claim the Buyer must be able to provide the following details in order to substantiate its claim:

a) The Buyer's full name, address and email address.

b) The Buyer's invoice/order numbers if claiming after the Goods have been delivered.

c) The product code and description of the item the Buyer found at a lower price.

d) The location, media or webpage where the Seller can verify the price.

Please Note: it is imperative the Buyer provides exact details of the competitor's product so the prices can be verified. Please also remember that other competitors may add delivery and even VAT on to their prices, so it is important that the Buyer gathers the total price for the item before it sends any communication to the Seller.

A claim can be made by telephoning the Seller on the number provided on the Website or emailing info@TopmarkAutoSpares.co.uk.

16 CHANGES TO TERMS AND CONDITIONS


The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making an order.

17 APPLICABLE LAW AND JURISDICTION


The jurisdiction and law applicable to each Contract is that of England & Wales.

18 OTHER CHARGES


18.1 Telephone calls to the Seller's 0844 numbers are charged at 5 pence per minute from a UK landline for calls to the sales department and at 10 pence per minute from a UK landline for calls to the customer services department. Telephone calls to the 0844 numbers from a mobile phone may vary. If the Buyer does not wish to pay these charges then please use the enquiry form on the Website or email the Seller at info@topmarkautospares.co.uk.

18.2 The Seller will charge a non-refundable administration fee of £2.50 per transaction where the Buyer pays by credit or debit card in order to offset the charges incurred by the Seller for processing such payments.

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