Terms & Conditions
DEFINITIONS
1. Any reference to VIP Motorsport/the Company/Seller/We/Us shall mean Vehicle
Improvement Products Ltd T/A VIP Motorsport of Unit 11 Stanney Mill Industrial
Park, Dutton Green, Little Stanney, Chester, Cheshire CH2 4SA United Kingdom
(Registered Office) and the website www.vipmotorsport.co.uk is operated by Us.
As user of the website (referred to as "you/your") you acknowledge
that any use of this website including any transactions you make
("use/using") is subject to our terms and conditions below.
2. Please read through these terms and conditions carefully before using the
website or placing an order, we recommend printing a copy for future reference.
Please also take time to read our privacy policy regarding your personal
information and how we use it.
3. Any reference to You/Buyer/Purchaser shall mean any person, sole trader,
partnership, business, body corporate or other entity detailed in the
appropriate section of the sales invoice/order form and shall include all
successors, heirs and assigns. Where the Buyer purchases in the course of a
trade or profession, it is agreed that such a buyer shall mean a trade buyer.
Where a person deals entirely as a consumer, statutory rights shall remain
unaffected. Where the term buyer appears within these terms it shall mean both trade
and consumer buyer/purchaser unless specified as relating to a trade buyer or
consumer buyer individually. If you are not a consumer, you confirm that you
have authority to bind any business on whose behalf you place an order.
4. We reserve the right to change these terms and conditions at any time. Any
such changes will take effect when posted on the website and will be dated
accordingly, it is your responsibility to read the terms and conditions on each
occasion you use this website and your continued use of the website shall
signify your acceptance to be bound by the latest terms and conditions.
5. When you use certain VIP Motorsport services, brochures, websites and
publications, please read the additional information provided with regards to
such services as this information will provide you with full details on how to
use such services.
6. Goods or equipment ordered shall mean the items detailed in the appropriate
section of the sales/order form and it shall be a core term of this agreement
that all additional parts, connecting components or ancillary items, not
detailed within the sales order form, shall be additional to this agreement.
7. Price shall mean the consideration due for purchase and shall include VAT.
7.1. All orders that you place on this website will be subject to acceptance in
accordance with these terms and conditions.
7.2. Following the entry of the final details of your order, we will send to
you an order acknowledgement email detailing the products you have ordered.
Please note that this email is not an order confirmation or order acceptance
from VIP Motorsport.
7.3. Acceptance of your order and the completion of the contract between you
and us will take place on dispatch to you of the products ordered unless we
have notified you that we do not accept your order or you have cancelled it.
GENERAL
8. "Working day" shall mean any day excluding Saturdays, Sundays and
public or bank holidays.
9. These conditions shall apply to all of the company's quotations and
contracts, orders (including telephone, email, postal and internet orders) for
the sale or supply of goods accepted by the company. For the trade buyer, any
other terms or representations, whether implied by statute, made prior to,
collateral with or subsequent to the contract or order are hereby excluded and
shall not be binding upon the company.
10. Web Site information and samples on display are indicative only and any
specifications, weights, measurements and technical data (whether relating to
performance or otherwise) have been prepared by manufacturers and are for
guidance only. Additionally, parts or components pictured or described within
websites are for illustration purposes only and may vary in size,
specification, colour and fitment dependent upon the make and model of your
vehicle. Buyers are therefore required to check current specification, colours,
weights and measurements with manufacturers or the Company, prior to order.
Manufacturers also allow tolerances within the manufacture of their products
and also reserve the right to amend specifications, without notice, in order to
improve products or where amendment becomes necessary. Manufacturers may also
alter specifications to improve products and the Company shall endeavour to
inform the Purchaser of any such amendment or change.
11. The company reserves the right to amend technical or clerical errors in any
order without notice. In addition, the buyer shall ensure that all details
contained within the order are correct prior to submission to the Company. Subsequent
to delivery, the Company shall accept no liability for any error or inaccuracy
in order unless notified of such error within seven days of delivery/receipt of
any document containing the said error.
12. Delivery charges and estimated timescales are specified in the shipping
options section when you place an order. We make every effort to deliver goods
within the estimated timescales; however delays are occasionally inevitable due
to unforeseen factors. VIP Motorsport shall be under no liability for any delay
or failure to deliver the products within estimated timescales.
12.1. Risk of loss and damage of products passes to you on the date when the
products are delivered or on the date of first attempted delivery.
12.2. Unless otherwise stated, all shipments will be dispatched within 48 hours
and the transit time dictated by the courier chosen, please contact us should
you require another shipping method.
13. Payment. We take payment from your card at the time we receive your order,
once we have checked your card details and stock availability. Goods are
subject to availability. In the event that we are unable to supply the goods,
we will inform you of this as soon as possible. The option of waiting for stock
or receiving a full refund will be given where you have already paid for the
goods.
13.1. To ensure that your credit, debit or charge card is not being used
without your consent, we will validate name, address and other personal
information supplied by you during the order process against appropriate third
party databases. By accepting these terms and conditions you consent to such
checks being made. In performing these checks personal information provided by
you may be disclosed to a registered Credit Reference Agency which may keep a
record of that information. You can rest assured that this is done only to
confirm your identity, that a credit check is not performed and that your
credit rating will be unaffected. All information provided by you will be
treated securely and strictly in accordance with the relevant UK Data
Protection Act.
13.2. While we try and ensure that all prices on our website are accurate,
errors may occur. If we discover an error in the price of goods you have
ordered we will inform you as soon as possible and give you the option of
reconfirming your order at the correct price or cancelling it. If we are unable
to contact you we will treat the order as cancelled. If you cancel and you have
already paid for the goods, you will receive a full refund.
13.3. Payment can be made by credit card, debit card, bank transfer or PayPal.
Some credit facilities may be available for your purchase, dependent upon your
order value and other conditions, available upon request.
14. All guarantees for products are provided entirely by the manufacturers/UK
importers and are subject to terms contained therein. Purchasers are reminded
to complete and return all warranty cards/documents upon receipt of goods where
appropriate.
LIMITATIONS UPON LIABILITY
15. Liability and Indemnity
15.1. Nothing in these terms and conditions excludes or limits liability for
death or personal injury caused by negligence, fraudulent misrepresentation, or
any other liability which may not otherwise be limited or excluded under
applicable law.
15.2. Subject to these terms, VIP Motorsport will use reasonable endeavours to
verify the accuracy of any information on the website but makes no
representation or warranty of any kind express or implied statutory or
otherwise regarding the contents or availability of the site or that it will be
timely or error-free, that defects will be corrected, or that the site or the
server that makes it available are free of viruses or bugs or represents the
full functionality, accuracy, reliability of the website and VIP Motorsport
will not be responsible or liable to you for any loss of content or material
uploaded or transmitted through the website and further accepts no liability of
any kind for any loss or damage from action taken or taken in reliance on
material or information contained on the site.
15.3. Subject to these terms and conditions, other than as expressly provided
in these terms and conditions with respect to specific products and except for
the exclusive remedies set out herein, any indemnities, warranties, terms and
conditions (whether express or implied) are hereby excluded to the fullest
extent permitted under applicable law.
15.4. Subject to these terms and conditions, VIP Motorsport will not be liable,
in contract, tort (including, without limitation, negligence), pre-contract or
other representations (other than fraudulent on negligent misrepresentations)
or otherwise out of or in connection with the terms and conditions for any:
15.4.1. Economic losses (including without limitation loss of revenues, data,
profits, contracts, business or anticipated savings); or
15.4.2. Loss of goodwill or reputation; or
15.4.3. Special or indirect losses suffered or incurred by that party arising
out of or in connection with the provisions of any matter under these terms and
conditions.
15.5. Notwithstanding the above, subject to this clause 15, VIP Motorsports
aggregate liability (whether in contract, tort or otherwise) for loss or damage
shall in any event be limited to a sum equal to the amount paid or payable by
you for the product(s) in respect of one incident or series of incidents
attributable to the same cause.
15.6. This clause 15 does not affect your statutory rights as a consumer, nor
does it affect the contract cancellation rights of a consumer purchasing by
means covered by the Distance Selling Regulations.
15.7. We will take all reasonable precautions to keep the details of your order
and payment secure, but, unless we are negligent, we cannot be held liable for
any losses caused as a result of unauthorized access to information provided by
you.
16. Advice given by employee representatives of this company during
telephone/Email/Internet orders is based entirely upon information given by
you, the purchaser with no inspection of any vehicle or part undertaken. As
such, all advice given is indicative only and all such advice should be checked
by the purchaser prior to order. Where advice is given after visual inspection
by employee representatives of this company, such advice shall amount to an
opinion only. Additionally, goods supplied are supplied only to correspond to
the purpose or purposes for which goods of that kind are commonly supplied and
not alternative uses to which they may be put. No liability for failure can be
accepted by this company for such alternative use, amendment or modification.
17. For trade buyers, the company is hereby excluded from any liability,
howsoever arising, in respect of any express or implied condition, warranty or
term, statement, representation whether statutory or otherwise, relating to the
goods supplied. The trade buyer accepts that he is best placed to insure
against losses which arise by virtue of any breach of this agreement and
warrants that he carries adequate insurance in this respect.
18. Goods ordered by the Buyer may not be compatible with vehicles which have
been modified, adapted or altered. Where goods ordered by the Purchaser are not
compatible by reason of modification, adaptation or alteration, VIP Motorsport
may accept such goods back into stock entirely at its discretion, and shall
either issue a refund or credit to the purchaser except where goods are
specifically ordered for the purchaser where no such refund or credit will
apply. Return shipping is the responsibility of the Buyer. All goods returned
for reason of modification, adaptation or alteration may be subject to a
restocking charge of not less than 10% of the value of the order.
19. Where goods purchased by the buyer are alleged to be defective, the
purchaser agrees to return such goods to the seller for inspection and report
(without the seller replacing the said goods prior to such inspection). The
purchaser also accepts that it is reasonable to inform the seller of any
interruption, defect or other failure prior to contacting independent third
parties or incurring expense and, in addition, to allow the seller to remedy
the defect, failure or interruption. Parts modified or adapted by the purchaser
shall no longer be warranted by the manufacturer nor shall the Company be
liable for any failures resulting subsequent to modification as a result of
such modification.
20. Competition goods are supplied for specialist use and are subject to
extreme heat and stress whilst in use. Life expectancy and durability are
greatly reduced and purchasers should note that any claim for failure/wear,
shall not be entertained by VIP Motorsport. It is acknowledged by the buyer of
such goods that the foregoing statement shall be a relevant and important issue
in any claim brought against the Company and the Company shall, in turn, place
importance upon this clause. In addition, parts connected to parts supplied by
this company may be placed under stress where specialist/competition parts are
used, and purchasers should take advice from experts prior to purchase.
Manufacturers may also limit guarantees when components are installed for
competition use.
21. Where goods are alleged to be either defective, incorrectly supplied,
delayed or otherwise in breach of the implied terms of the buyers’ statutory
rights, all losses which result from loss of competition points, awards, loss
of entry fees or other similar losses, are excluded and shall not be
reclaimable from the Company. In addition, the Company shall accept no
liability for death or personal injury unless caused directly by the Companies own
negligence.
22. No liability is accepted by the company where purchasers attempt to modify
or install components supplied where it is known or ought reasonably to be
known to the Purchaser that the part supplied is incorrectly supplied or
otherwise not in accordance with the order.
23. The company accepts no liability in respect of failure to supply or other
interruptions caused by matters beyond the reasonable control of the company,
including but without limitation, strikes, lockouts, civil disputes, acts of
God, war or actions by third parties.
24. Notwithstanding any other provision of this Agreement, nothing in this
Agreement shall confer a benefit on any person or persons not named as the
purchaser herein (for the purposes of the Contract (Rights of Third Parties)
Act 1999 or for any other purpose).
25. VIP Motorsport markets its products on the basis that they will be used for
domestic and/or racing use only, if you are planning to use them for business
purposes please make sure that you are covered by the appropriate insurances.
Where you decide to use the products in the course of a business, we exclude
(to the fullest extent permitted by law) those warranties and conditions
relating to fitness for a particular purpose. Our maximum liability to business
users arising out of or in connection with the products shall be limited to the
replacement value of the product in question (except in the case of death or
personal injury caused by our negligence or in respect of fraud). In relation
to business users, we do not accept liability for the fitness of goods for
business purposes, nor do we accept liability for loss of use of the item nor
any loss over and above the cost of the item in the event of a claim for breach
of warranty or condition.
26. VIP Motorsport shall be under no liability for any delay or failure to
deliver products or otherwise perform any obligation as specified in these
terms and conditions if the same is wholly or partly caused whether directly or
indirectly by circumstances beyond its reasonable control.
27. You may not assign or sub-contract any of your rights or obligations under
these terms and conditions or any related order for products to any third party
unless agreed upon in writing by VIP Motorsport.
28. VIP Motorsport reserves the right to transfer, assign, novate or
sub-contract the benefit of the whole or part of any of its rights or
obligations under these terms and conditions or any related contract to any
third party.
29. If any portion of these terms and conditions is held by any competent
authority to be invalid or unenforceable in whole or in part, the validity or
enforceability of the other sections of these terms and conditions shall not be
affected.
30. These terms and conditions do not create or confer any rights or benefits
enforceable by any person that is not a party except:
(a) VIP Motorsport (as defined above) shall have the right to enforce any
rights or benefits under these terms and conditions;
(b) VIP Motorsport shall have the right to enforce and take the benefit of the
rights or benefits of any limitation or exclusion or limitation of liability in
these terms and conditions;
(c) A person who is a permitted successor or assignee by virtue of these terms
and conditions of the rights or benefits of these terms and conditions may
enforce such rights or benefits;
(d) No consent from the persons referred to herein is required for the parties
to vary or rescind these terms and conditions (whether or not in any way that
varies or extinguishes rights or benefits in favour of such third parties).
31. No delay or failure by VIP Motorsport to exercise any powers, rights or
remedies under these terms and conditions will operate as a waiver of them nor
will any single or partial exercise of any such powers, rights or remedies
preclude any other or further exercise of them. Any waiver to be effective must
be in writing and signed by an authorised representative of VIP Motorsport.
32. These terms and conditions including the documents or other sources
referred to in these terms and conditions supersede all prior representations
understandings and agreements between you and VIP Motorsport relating to the
use of this website (including the order of products) and sets forth the entire
agreement and understanding between you and VIP Motorsport for your use of this
website or VIP Motorsports showroom purchase facilities.
PAYMENT TERMS
33. Time for payment will be of the essence.
33.1. If any sum payable under the Contract is not paid when due then, without
prejudice to our other rights under the Contract we will be entitled to suspend
deliveries of the Goods until the outstanding amount has been received by us
and you will also be responsible for any reasonable bank charges, or other
third party commission charges or other costs that we have incurred.
33.2. Quotations are given on the assumption that no variation in the price
will be made by the manufacturer/sole importer and that Government levies
remain unaltered. In the event of such changes, the trade buyer shall be liable
for the full cost of any change without notice from the Company. A Consumer
Buyer shall be contacted by the Company and consent for any price increase
obtained. Where no such consent is obtained, the Consumer Buyers agreement to
purchase shall be treated as cancelled.
33.3. Unless otherwise stipulated within the sales invoice/order form, all
accounts are payable with order or otherwise in accordance with the terms of
the trade buyer's credit account. Where default occurs in payment by the trade
buyer, default interest shall become payable in accordance with the Late
Payment of Commercial Debts (Interest) Act 1998 and regulations at the maximum
rate permissible.
TITLE AND DELIVERY
34. Ownership or Title to the product shall not pass to the buyer until the
company has received payment in full. In the event that sums owing in respect
of other items ordered remain due, apportionment by this company shall take
place without prejudice to the right to retain title or ownership in respect of
all goods ordered.
35. Delivery times will be quoted at time of order and all times given for
despatch or delivery are approximate and time shall not be of the essence. If
the item(s) ordered are to come straight from the manufacturer then lead times
will be stated in the product description. The buyer agrees to give notice to
the company requesting to make time of the essence; such notice will be
accepted at the discretion of VIP Motorsport. When delivery is affected to the
purchaser directly or to an independent delivery contractor as agent for the
purchaser, risk shall pass to the buyer immediately.
36. The Buyer is required to notify the company, in writing, of any shortage,
misdelivery or other discrepancy immediately, or at the latest within seven
days of such shortage, misdelivery or failure, thereafter the buyer shall be
liable for any such discrepancy. Where delivery is affected to the buyers own
independent delivery contractor, loss or damage in transit claims should be
made directly to the carrier. The company will assist purchasers in making
their claim. Buyers should retain all packaging in the event of a claim or
return within the terms of this agreement.
37. Delivery and packing prices indicated within the Companies Internet Site
are subject to change and will be confirmed at the time of order. Buyers
outside the United Kingdom and Europe shall be quoted approximate prices for
delivery and packing prior to order confirmation. If required the Company shall
quote for delivery and packing in such instances and confirmation of acceptance
shall be required from the Buyer prior to acceptance of order.
CANCELLATION OF ORDERS AND LIABILITY
38. Any quotation is valid for a period of 30 (thirty) days only from its date,
provided we have not previously withdrawn it or changed our price or any
discount you are entitled to in respect of the Goods the subject of the
quotation during this period.
39. Each order or acceptance of a quotation for Goods will be deemed to be an
offer by you to purchase Goods upon these Conditions. You must ensure that the
terms of your order are complete and accurate. The Contract is formed when the
order is accepted by us, by way of a written acknowledgement of order or
delivery.
40. Our employees or agents are not authorised to make any representations
about any Goods supplied to you. You acknowledge, by entering into this
Contract, that you will not rely on any such representation which is not
contained in our packaging or promotional literature.
41. Subject to conditions relating to distance sales as implied by the Distance
Selling Regulations, you may not cancel the Contract once we have accepted it.
42. These Conditions may not be varied unless that variation is in writing
signed by both you and our authorised representative. Our Agent is not
permitted to agree variations to these Conditions unless each such variation is
expressly authorised by us.
YOUR RIGHT TO CANCEL GOODS ORDERED
43. Clauses 44, 45, 46, and 47 below shall only apply to a person who purchases
goods as a consumer buyer and is resident within European Economic Community
where rights, which accrue by virtue of the Consumer Contracts Regulations,
apply.
44. A Consumer Buyer shall have the right to cancel any contract for goods made
by means of distance communication, in accordance with these Terms and
Conditions, within fourteen working days of delivery of the goods. Special
order goods shall not be returnable under the terms of this clause.
Cancellation of the contract can be effected by service of a Written Notice
signed by the Consumer Buyer which details clearly the Companies Sales Order
Number and the name and address of the Consumer Buyer, and delivered either by
post to the Company's registered office.
45. If a Written Notice of Cancellation is received by the Company in
accordance with clause 44 the Consumer Buyer shall become liable to return the
goods to the Company forthwith, to such address as directed by the Company in
their original packaging (and without having been installed or used and with
all relevant seals and enclosures intact) and at the consumer buyer's sole
expense.
46. If the Consumer Buyer fails to return the goods in accordance with clause
45 within 14 days of the cancellation of the contract, the Company shall be
entitled to collect the goods from the consumer buyer and to recover any
reasonable costs involved in such collection from the consumer buyer.
47. The Company shall then affect a refund of any monies owing to the consumer
buyer in respect of the goods within 30 days from the date of cancellation or
receipt of goods by the Company. Such a refund will be subject to any set off
of monies to which the Company is entitled under these clauses.
48. Goods purchased and delivered to the buyer otherwise than by means of
distance communication (including a Trade buyer) may be returned to the Company
in original packaging (and without being installed or used and with all
relevant seals and enclosures intact) for credit within 7 days of receipt by
the buyer, subject to a restocking charge of not less than 10% of the value of
the order. Credit shall be subject to the buyer producing proof of purchase and
returning goods carriage paid. Special order goods shall not be returnable by
virtue of this clause.
49. The Trade Buyer shall indemnify the company against all actions, claims,
demands, penalties and cost brought by or incurred by third parties or this
company in tort, contract, infringements of or alleged infringements of patents
or registered designs or otherwise arising in connection with the goods or their
delivery or unloading or with work done by the company in accordance with the
buyers specifications.
50. The Buyer confirms that he shall comply with any or all rules and
instructions relating to installation and use of the product concerned and fully
accepts that any loss which results from forced, misdirected, inappropriate or
unqualified installation or use shall not be accepted by the Company.
51. The following Goods may not be returned to us for credit:
(a) Goods which have been specially ordered at your request;
(b) Electrical parts;
(c) Glass parts;
(d) Hazardous parts where the seals are not intact;
(e) Hazardous/explosive parts (and any parts included in the Dangerous Goods
Act) that are not in their original packaging;
(f) Goods that have already been used or fitted;
(g) Goods with damaged original packaging and/or which are not in a resalable
condition;
(h) Any other Goods identified to you by us or our Agent.
JURISDICTION
52. These terms and this agreement (including an agreement concluded by means
of distance communication) shall be interpreted in accordance with English Law
and industry custom and practice, and English and Welsh courts shall have sole
jurisdiction in respect of any dispute arising there from. English is the only
language offered for the conclusion of the contract.
53. Nothing in these Terms or under the Contract is intended to, or shall be
deemed to constitute a partnership or joint venture of any kind between you and
us, nor constitute any party the agent of the other for any purpose. Neither
you nor VIP Motorsport shall have authority to act as agent for, or to bind,
the other in any way.
PROMOTIONS
54. VIP Motorsport reserves the right to end promotions at any time.
Discount vouchers cannot be used in association with other voucher offers.
Discount vouchers cannot be applied retrospectively.
Dated 17th October 2019
Vehicle Improvement Products Limited is registered in England and Wales
No 07499467. We are credit broker and only offer credit products from Omni
Capital Retail Finance Limited. Vehicle
Improvement Products Limited is authorised and regulated by the Financial
Conduct Authority FRN 912636. Credit is subject to age and status.
VAT Registration Number: 119512819
Company Registration
Number: 07499467