Vanarack

Terms & Conditions

Vanarack Automotive Accessories

These conditions apply to your use of our Website and any products therein. By accessing this Website, you agree to be bound by them.

DEFINITIONS

'Conditions' means these terms and conditions: 'Personal Information' means any personal details provided by you via the Website; 'User(s)' means (a) user(s) of the Website either collectively or individually, as the context requires; 'We/us/our' means VANARACK AUTOMOTIVE ACCESSORIES, 'Website' means the website located at http://www.vanarack.com and 'You/your' means you as a user of the Website.

1 INDEMNITY

You agree to be fully responsible for (and fully indemnify us against) all claims, liability, damages, losses, costs and expenses, including legal fees, suffered by us and arising out of any breach of the Conditions by you or any other liabilities arising out of your use of the Website, or products therein, or the use by any other person accessing the Website using your PC or internet access account, or the products therein.

2 OUR RIGHTS

We reserve the right to:

modify or withdraw, temporarily or permanently, the Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or the products therein, and/or change these Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.

3 THIRD PARTY LINKS

In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.

4 MONITORING

We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).

5 YOUR DATA

We respect your personal information and undertake to comply with applicable UK Data Protection legislation from time to time in place. You should be aware that: if we are requested by the police or any regulatory or government authority investigating suspected illegal activities, or upon receipt of a court order, to provide your Personal Information and/or information concerning your activities whilst using the Website we shall do so; and We reserve the right in our reasonable discretion to disclose details of your use of the Website in relation to any, or any threatened, Court Proceedings in connection with your use, or the use of anyone under your control, of the Website whether in connection with the matters set out in these Conditions or otherwise. Please view our Privacy Policy, which forms part of these Conditions.

6 INTELLECTUAL PROPERTIES AND RIGHT TO USE

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorized by us. The Website is Copyright of VANARACK AUTOMOTICE ACCESSORIES. All rights reserved.

7 NOTICES

You may send us notices under or in connection with these Conditions: by post to: 2 Well Lane, Purse Caundle, Dorset DT9 5QU. By email to jamie@vanarack.com. Proof of sending does not guarantee our receipt of your notice, you must ensure that you have received an acknowledgement from us, which will be sent within 5 working days of our receipt and should be retained by you.

8 LIMITATION OF LIABILITY

The Website is provided on an 'as is' and 'as available' basis without any representation or endorsement. Unless specified in separate terms and conditions related to a particular product or service, we make no warranties of any kind, whether express or implied, in relation to the Website, or products or services offered on the Website whether by us or on our behalf including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade. Unless specified in separate terms and conditions related to a particular product or service, we make no warranty that the Website or products or services offered on the Website whether by us or on our behalf will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Website or the server that makes it available or products or services offered on the Website whether by us or on our behalf are accurate, or reliable. We will not be responsible or liable to you for any loss of content or material as a result of your visit to or purchase from our Website. Notwithstanding any other provision in the Conditions, nothing shall limit your rights as a consumer under United Kingdom law. You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Website and any information provided to or taken from the Website by you. We will not be liable in contract, tort or otherwise if you incur loss or damage connecting to the Website through a third party's hyper-text link. We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with the Website or products or services offered on the Website whether by us or on our behalf for any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or any loss of goodwill or reputation; or any special or indirect or consequential losses; in any case whether or not such losses were within the contemplation of either of us at the date on which the event giving rise to the loss occurred. Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees, or products supplied.

9 SEVERANCE

If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not effect the validity and enforceability of any of the remaining provisions of the Conditions.

10 WAIVER

Nothing shall be construed as a waiver by us of any preceding or succeeding breach of any provision.

11 SURVIVAL

Each provision of these Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

12 ENTIRE AGREEMENT

These Conditions (as amended from time to time) contain the entire agreement between you and us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between you and us in relation to such matters. No oral explanation or oral information given by either of us shall alter the interpretation of these Conditions. You confirm that, in agreeing to accept these Conditions, you have not relied on any representation save insofar as the same has expressly been made a representation in these Conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these Conditions save that your agreement contained in this Clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of these Conditions.

13 LAW

The Conditions will be exclusively governed by and construed in accordance with the laws of United Kingdom whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.

A contract of sale shall be deemed to exist between VANARACK AUTOMOTIVE ACCESSORIES and you when you receive a confirmation of order from us or an invoice. You must check that the order details, invoice and delivery address are correct and notify us immediately of any discrepancies. We advise that you print a copy of this confirmation for your own records.

14 Cancellation

You may cancel your order with us anytime up to 7 days after day of delivery and any payment made will be refunded, providing the goods have been ordered from stock.

Special consignments or pre-orders cannot be cancelled once the order has been accepted. Send us an email with your order number, name and address to cancel to: jamie@vanarack.com

Upon receipt of stock item goods you may return them, at your own cost, within 14 working days, unused and undamaged. If possible, in the original packaging. Providing these conditions are met we will refund the cost of the received goods only via the same method used for the original payment. This means that the cost of delivery will not be refunded.

We can however arrange collection on your behalf but the costs involved with doing so will be deducted from your refund.

Please Note: These conditions do not apply for the return of faulty / damaged goods (see below).

15 Delivery

Vanarack Automotive Accessories offer free next day delivery to most uk postcodes and aim to dispatch your goods within 24hrs of completion of payment process for orders paid by credit/debit card, or PayPal.

We will post items via the chosen delivery method selected to the registered card or PayPal address however we accept no responsibility for loss, damage or late delivery through no fault of our own. In certain cases it may be possible to claim compensation for lost items however we need to be notified within 14 days that the product has not arrived else we will not be able to claim and you may lose the money spent on that lost item. In the circumstances where we find we are at fault i.e. Lost order, we will send the item and refund all postage costs.

All goods are delivered via your chosen carrier service, Monday - Friday, and require a signature upon receipt and the following applies:

UK Mainland Customers - Delivery is made by carrier and you will be notified of an approximate delivery date If you cannot arrange for someone to be available to sign for the goods, please let us know immediately and we will arrange an alternative delivery date.

UK Offshore Customers - As above except delivery is between 2 - 7 days depending on destination and chosen delivery method. You will be notified of an approximate delivery date.

Delivery charges:

These are priced per item based on weight and value. We reserve the right even after confirming your online order via email to obtain quotes from delivery companies for the cost of delivery of your item and if delivery cost is found to be more than the price previously charged to give you the option to pay the extra to have it delivered or to have a full refund. We will not be obligated to deliver the item at the previously charged price and put us in a loss making situation.

For Specific delivery charges outside of our free delivery postcodes please call us on 0800 411 81 20 and will will arrange a shipping quote for you.

16 Goods ordered in error

We will refund monies for any product ordered in error as long as it is returned to us at your expense and it is received in the same 'New' condition and packaging that it left us in. The cost for delivery to you will not be refunded this will be deducted from your refund at the exact cost to us.

17 Faulty or Damaged Goods

You must take responsibility for checking over the goods and unpacking whilst the delivery driver waits if necessary. In the unlikely event that the goods received are faulty or damaged, you must sign for the goods as damaged. If you sign to say that they are received in good condition we must assume that they were in good condition when delivered or you have confirmed acceptance of the goods in this damaged condition and we will not be able to rectify any fault how so ever caused or make any payments of compensation. You must also notify us within 24 working hours of delivery by email or telephone or else a damage claim may not be possible. Depending upon the extent of the fault / damage, you may be sent a replacement you will be asked to return the goods in their original packaging (where possible) to our address (see About Us). In the event that you are asked to return the goods, you will be offered a refund or replacement, providing there is no evidence of misuse.

18 WARRANTIES

We offer a 12 month warranty on all our products this warranty will be our return to base (RTB) warranty. That is, the customer is responsible for returning the product to our warehouse and collecting the product once it has been repaired. This warranty provides labour if required and new parts free, if the product breaks down due to faulty manufacture or in normal use, this is in addition to any manufacturers warranty. If you require us to mail you replacement parts for DIY fitment that can be arranged however we will not pay for labour by a third party.

For buyers who wish the item to be returned to them, the postage and packing fee will be required to be paid when the item is returned. Please contact us for a Returns Number before returning any item (jamie@vanarack.com). When we accept the return of a product for repair we will where possible use our own labour force to make the repair on occasion the item may need to go back to the manufacturer in this instance we'll organize for the product to be sent back to the relevant manufacturer or distributor. Due to the process and logistics involved, it may take up to 6 weeks for a product to be received, sent to the relevant manufacturer for repair, returned to us and then finally sent back to the customer, however the average time is 4 weeks.

The warranty does not cover:-

  • Inappropriate use and incorrect operation - (e.g. The warranty does not cover impact damage, hazardous liquid damage, exposure to extreme heat/cold or other damage caused by acts of God)
  • Vandalism- Damage caused by others
  • Glass- Any item that contains glass will be covered but the glass itself can not be covered under warranty as this is considered Fragile and could be broken in numerous ways.

19. RETENTION OF TITLE

19.1 The legal and equitable title to the goods supplied under the contract (in this condition referred to as "the contract goods" which expression includes any of them) will not pass to the Buyer until the price for the contract goods has been paid in full and until such payment the Buyer will hold them in a fiduciary capacity as bailee for the Company.

19.2 Notwithstanding the provisions of condition 10.1 above, the Buyer shall be entitled to dispose of the goods for the account of the Company (but so that any warranties, conditions or representations given or made by the Buyer to his customer shall not bind the Company which shall be indemnified by the Buyer in respect thereof) and to pass good title to the goods to any customer which is a bona fide purchaser for value without notice of the Company's rights.

19.3 Where the contract goods are resold by the Buyer and at the time of such resale the property in such goods has not passed to the Buyer then the proceeds of such resale will be held by the Buyer in a fiduciary capacity on trust for the Company and the Buyer will account to the Company for the same to the extent necessary to pay the price for the contract goods and the Company shall have the additional right to recover in the name of the Buyer (for which purpose the Company is hereby appointed the Buyer's attorney) any price payable to the Buyer by his customer but if it shall exercise such right the Company shall account to the Buyer for the balance of the amounts recovered after recouping all debts due to the Company from the Buyer and the costs of such recovery.

19.4 The Buyer shall so long as the Company is entitled to the property in the con-tract goods store the contract goods so that they are identifiable as the property of the Company.

19.5 Without prejudice to any of the Company's other rights (whether to damages or under contract or otherwise howsoever) the Company may at any time after the price for the contract goods has become due and remains unpaid rescind the contract and/or recover any contract goods which are still the property of the Company. By entering into this contract the Buyer hereby authorizes the Company's servants and agents to enter into any premises of the Buyer for that purpose.

19 PICTURES AND IMAGES

Pictures and images throughout this site are used for illustration purposes only, all goods received will have the same monetary value as the item you ordered. Every effort is made to keep our website constantly updated.

For all Customer Service related correspondence please use the following contact methods

By Mail to :

2 Well Lane
Purse Caundle
Dorset
DT9 5QU

Email :

jamie@vanarack.com

Tel :

0800 4118120

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