1.1 Any reference to Company/Seller/We/Us/Our shall mean ETB Instruments Limited of Unit 15 Brookside, Sumpters Way, Temple Farm Industrial Estate, Southend-on-Sea, United Kingdom (Registered Office), Company Reg. No. 02703938 England, VAT No. GB 623 6386 36 who manufacture, sell or supply specialist automotive instrumentation and accessories in the course of their trade or business.
1.2 Any reference to You/Buyer/Purchaser/Customer 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, profession, vocation or sport (where the buyer is a specialist or enthusiast), 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.
2.1 The product lines seen on the our online shop serve as representations for products available for bidding by the customer. All bids are legally binding obligations.
2.2 The customer can submit an order over the phone or by using the integrated online shopping cart found on our online shop. By entering your personal data and clicking the “Confirm Order” button at the end of the online order form, the customer hereby enters into a legally binding contract with the seller in which you are obligated to the payment of all products currently found in your shopping cart. Please ensure you are ordering the correct parts. If you are unsure about compatibility, please call us on +44 (0)1702 601055 during office hours. Before beginning the binding order of a product, all data entries can be corrected at any point prior to clicking the “Confirm Order“ button.
2.3 The seller will promptly confirm the receipt of customer's order via electronic communication (e-mail). The Seller can accept the offer of the customer by a written (letter) or electronically transmitted (e-mail) confirmation of order or by delivery of the product within five working days.
2.4 In respect of orders placed via the Internet, such orders shall be mere offers to purchase and shall not be accepted or binding upon the Company until confirmed or acknowledged in writing by the Company by means of invoice or statement confirming acceptance of your order or by despatch of goods to you. Order acknowledgement sent by the Company subsequent to the order and payment shall not amount to confirmation of order. The Company reserves the right to refuse any offer to purchase prior to written confirmation or despatch, where goods ordered become unavailable, the price of goods varies or an error is made by the Company in the price, description or for some other reason, whereupon a full refund of your payment will be made to you, usually in the method you made payment to the Company.
2.5 The order data is stored by the Seller and can be accessed by the customer after submitting his order by logging into his password-protected customer account, provided that the customer has opened a customer account in our online shop prior to submitting his order. The order data is sent you via email after you have confirmed the order. The same holds true for the provisions of the contract including these general terms of business and consumer information.
2.6 The order processing and formation of the contact between customer and seller takes place by e-mail and the automated order handling. The customer is obligated to ensure that he has entered a valid e-mail address when submitting his order, so that he will be able to receive any emails sent by the seller to him. In particular customers using spam filters must be aware that it is possible that emails sent by the vender or by third party commissioned with the handling of the order may be blocked.
2.7 "Working day" shall mean any day excluding Saturdays, Sundays and public holidays.
3.1 Products are described on our online shop or in the specification, ETB Instruments Limited reserves the right to amend the product description if required. Representations of colour on our online shop are as accurate as our photographic and electronic processes will allow. Please note that colour online can also be affected by the calibrations of different output devices. Where stated, images are used for illustration purpose only. All weights and sizes are supplied as a guide only and are approximate.
3.2 All images, text, graphics and other material on this website are for illustration and advice purposes only and remain and are covered by the copyright of ETB Instruments Limited. 3.3 All downloadable diagrams, manuals, information or answers on our Frequently Asked Questions (FAQ) and all other advice articles have been produced by us to help you in your purchasing decisions and to give guidance with our products. These articles are provided for general information, but if you are in any doubt, you should seek help from an appropriate professional. ETB Instruments Limited accepts no liability for any loss, damage or injury arising as a result of the advice contained on our website.
3.4 In the event that there are any errors regarding price or description, we reserve the right to correct that price or description and notify you accordingly. In these circumstances, it will be deemed that a contract has not been entered into and you will not be bound to continue with your purchase. We will cancel your order and your credit/debit card or your PayPal account will be refunded in full. We will not be obliged to supply goods at the incorrect price.
3.5 We reserve the right to withdraw any goods from the Website at any time. We will not be liable to you or anyone else for withdrawing any goods from our online shop.
4.1 All prices on our website are in £/GBP (Pound Sterling) and are exclusive of the transport of goods, packaging and insurance which are calculated at the time of checkout. Prices are displayed both with and without VAT.
4.2 Our online shop allows the option of showing prices in the alternative currencies of Euros (EUR) and US Dollars (USD $). These are for comparative purposes only and in no circumstances indicate the final cost to the customer in those currencies. All orders are charged in £/GBP Pounds Sterling and we accept no liability for differences in the conversion rates or charges levied during the process of payment. On checkout the prices shown shall be in £/GBP.
4.3 Prices listed are correct at time of publication and are only applicable to purchases made via our online shop. You will be informed of any changes before your order is processed. In the possible instance of a price being incorrect on our online shop, you will be contacted before your order is processed, and notified of the correct price. You will then be able to cancel, or proceed with, the order.
4.4 ETB Instruments Limited reserve the right to amend pricing and payment options of any of the parts listed online without prior notice.
5.1 VAT (Value-Added Tax) is only chargeable to UK resident customers. The current rate for UK VAT is 20%.
5.2 Orders being delivered to countries outside of the UK are free of UK VAT, but may be charged the VAT rate applicable to the country of import. Should the customer create an account with a payment and delivery address outside the UK, VAT will be removed at the time of checkout and all prices will be displayed excluding VAT. Please note that additonal customs charges and import fees may be charged upon importation.
6.1 All orders are charged in UK Pounds Sterling (£/GBP).
6.2 For telephone orders we accept most major forms of debit/credit cards. For internet orders we accept payment via PayPal. A PayPal account is not required and you can pay using a debit/credit card through the PayPal payment processing facility. All payment processing is done by PayPal. We do not receive or store your card details. The minimum order value for internet orders processed via PayPal is £5.00 GBP.
6.3 Payment will be debited / transferred from your account once you have confirmed the order of goods. By placing the order, you confirm that the credit/debit card that is being used is yours. All credit and debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery of your order.
7.1 Advice given by agents or servants of this company during telephone/Internet orders is based entirely upon information given by the purchaser with no inspection 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 agents or servants of this company, such advice shall amount to an opinion only. Additionally, goods supplied are supplied only to correspond to the purpose 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.
7.2 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.
7.3 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, the Company 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 operate.
7.4 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.
7.5 Goods used for competition 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 the Company. 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.
7.6 Where goods are 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.
7.7 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.
7.8 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.
7.9 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).
8.1. 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.
8.2 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. The buyer agrees to give 20 days in any written notice making time of the essence, such notice to commence subsequent to the last time for delivery quoted by the Company. The Buyer further agrees to accept full liability in respect of delayed or late delivery or dispatch prior to the expiry of any such notice. In respect of special order goods, the buyer acknowledges that further delays may occur and allows the company 30 days in any written notice, such notice to commence subsequent to the last time for delivery quoted by the Company. In any event, delivery times are approximate and variable. When delivery is effected to the purchaser directly or to an independent delivery contractor as agent for the purchaser, risk shall pass to the buyer immediately.
8.3 The Buyer is required to notify the company, in writing, of any shortage, missed delivery or other discrepancy immediately, or at the latest within seven days of such shortage, missed delivery or failure, thereafter the buyer shall be liable for any such discrepancy. Where delivery is effected 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.
8.4 Delivery and packing prices indicated within the Company's Online shop 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.
9.1 Clauses 9.2, 9.3, 9.4 and 9.5 below shall only apply to a person who purchases goods as a consumer buyer and is resident within the UK where rights, which accrue by virtue of the Consumer Protection (Distance Selling) Regulations, apply.
9.2 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. Goods "Made to Order" by ETB Instruments Limited 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 fax to the number printed on the Invoice or by post to the Company's registered office.
9.3 If a Written Notice of Cancellation is received by the Company in accordance with clause 9.2 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.
9.4 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 clause 9.3. Delivery / postal charges and in addition, any PayPal charges / fees incurred at the point of sale are non-refundable.
9.5 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 20% of the value of the order. Credit shall be subject to the buyer producing proof of purchase and returning goods carriage paid. "Made to Order " goods shall not be returnable by virtue of this clause.
9.6 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.
9.7 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.
10 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 therefrom.