STANDARD TERMS AND CONDITIONS OF SALE
GENERAL
All orders will be accepted and goods or services supplied only subject to these terms and conditions of sale (the “Conditions”) (and each order and the Company’s acceptance of the order shall be termed the “Contract”) and any person, firm or company (the “Buyer”) supplied by Ecobat Battery UK Ltd (Company No. 2906519) (the “Company”) accept that these Conditions govern all contractual dealings between them to the exclusion of any other terms that the Buyer seeks to impose or incorporate (even if the Buyer’s terms purport to provide that the Buyer’s own or some other terms prevail), or which are implied by trade, custom, practice or course of dealing. No order shall be accepted until the Company either expressly by giving notice of acceptance, or impliedly by fulfilling the order, accepts the offer.
No employee or other person acting or purporting to act on behalf of the Company is authorised to agree or effect any alteration in these terms or make or give any representation or warranty to the goods or services, save only that a Director of the Company may, in writing, agree such alterations or make or give such representation or warranties.
SUPPLY OF GOODS
The goods (or any part of them) set out in the Contract (the “Goods”), are described in the Company’s ebay shop as modified by any applicable specification for the Goods that is agreed between the Company and the Buyer (“Goods Specification”). Any samples, drawings, descriptive matter or advertising issued by the Company are issued by the Company for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract or have any contractual force.
FITNESS FOR PURPOSE
The Company takes every care with regard to the quality and standard of manufacture of the Goods it supplies as far as it is able to. Every effort has been made to ensure that the Goods described are accurate, however, as the Goods are used for a multiplicity of purposes, and the Company has no control over the method of their application or use, the Company excludes, so far as it may legally do so, any condition or warranty implied by statute or otherwise as to the fitness of its Goods for any particular purpose. Any technical co-operation between the Company, its suppliers or the Buyer shall not affect this situation.
RETURN OF GOODS
Under UK law, (if a consumer purchase) you have the right to cancel the contract for your purchase within 30 days of delivery. To cancel a contract, write "Cancel Contract" on the back of the invoice. Package the items securely and send them to us with the invoice within 30 working days of the date that the items were delivered. We would request that you contact us to tell us that you are returning goods before you send them.
We recommend that you use a recorded-delivery service. Please note that you will be responsible for the costs of returning the goods to us unless we delivered the item to you in error. 24 hours' advance warning is required for returns.
You should be aware that once we begin the delivery process, you will not be able to cancel any contract you have with us for services carried out by us (for example, postage and packing). When we receive the goods with the notice of your cancellation of this order, we will refund the relevant part of the purchase price for that item.
FAULTY ITEMS
Although faults with batteries are very rare, we do occasionally get items that are faulty after purchase. We aim to handle all faulty items returned to us as quickly as possible to avoid inconvenience to you. We strongly suggest checking that your battery is where the fault lies as in many cases it could be a faulty alternator or boot/glovebox light sticking on that is causing the indicated problems with the battery.
If a battery is confirmed faulty, we will pay to ship a replacement back to you, but where no fault is found, we will charge carriage back to you at cost. Any non-faulty items not collected or requested back within 3 months will be disposed of.
CLAIMS FOR DAMAGE OR SHORTAGES
Claims for damage or shortage of Goods found by the Buyer must be notified to both the Company and the carrier within 24 hours of receipt of Goods. Claims for non-delivery of Goods must be notified by the Buyer to the Company within seven days of invoice date. Failure to do so will free the Company from any liability in this respect. Where any valid claim in respect of damage or shortage of Goods is notified to the Company in accordance with these Conditions the Company shall make up any shortage or replace the Goods (or the part in question) free of charge (as the case may be) but the Company shall have no further liability to the Buyer.
DELIVERY
Delivery shall be made by the carrier delivering the Goods to the address requested by the Buyer or, if agreed by the Company, by the Buyer collecting the Goods at the Company’s premises within 7 days after the Company has notified the Buyer that the Goods are ready for collection.
Delivery of the Goods shall be completed on the arrival of the Goods at the Buyer’s requested address or the completion of loading of the Goods at the Company’s premises.
Goods will normally be delivered carriage paid, however, the Company reserves the right to charge extra for any deliveries in certain areas of the United Kingdom where our carriers charge a premium rate or delivery surcharge including areas starting with postcode AB, HS, IV, KA, KW, PA, PH, ZE, GY, JE, IM, TR, PO 30-41 and outside the United Kingdom, next day deliveries, deliveries to third parties or special deliveries, such charges being at the discretion of the Company. Please contact us for costs for delivery into these areas. Any import duties into a country outside of the United Kingdom will the responsibility of the buyer.
Any dates quoted for delivery of Goods are approximate only and time of delivery is not of the essence. The Company shall not be liable for any delay in delivery of the Goods, howsoever caused. Goods may be delivered by the Company in advance of the quoted delivery date.
The Company shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the Buyer’s failure to provide adequate instructions for the delivery of the Goods.
WARRANTIES AND LIABILITIES
The Company warrants that the Goods will correspond with their specification at the time of delivery and will be free from defects in material and workmanship for the relevant period of warranty (if any) stated in the order acceptance for the Goods. The stated period of warranty shall run from the point of completion of delivery of the Goods.
The Company shall not be liable for the non-compliance of the Goods with the above warranty in cases of: (i) any defect arising from fair wear and tear, wilful damage, negligence or abnormal working conditions; (ii) failure to follow the Company’s instructions (whether oral or in writing); (iii) misuse or alteration or repair of the Goods without the written consent of the Company; or (iv) any defect arising as a result of the Company following any Goods Specification supplied by the Buyer.
The terms of these Conditions shall also apply to any repaired or replaced Goods.
Subject as expressly provided in these Conditions, and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law. Where the Goods are sold under a consumer transaction, the statutory rights of the Buyer are not affected by these Conditions.
Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to the Company in accordance with these Conditions, the Company shall be entitled to replace the Goods (or the part in question) free of charge or at the Company’s sole discretion, refund the Buyer the price of the Goods (or a proportionate part of the price) but the Company shall have no further liability to the Buyer.
Except in respect of death or personal injury caused by the Company’s negligence, the Company shall not be liable to the Buyer by reason of any representation or any implied warranty, condition or other term, or any duty at common law, or under the expressed terms of the Contract, for any consequential loss or damage (whether for a loss of profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Company, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer, except as expressly provided in these Conditions.
The Company shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Company’s obligations in relation to the Company’s reasonable control.
INTELLECTUAL PROPERTY RIGHTS
All Intellectual Property Rights in or arising out of or in connection with the Goods shall be owned by the Company. The Buyer shall indemnify the Company against all liabilities, costs, expenses, damages and losses suffered or incurred by the Company in connection with any claim made against the Company for actual or alleged infringement of a third party’s Intellectual Property Rights arising out of or in connection with the Company’s use of the Goods Specification.
RISK AND RETENTION OF TITLE
Risk of damage or loss of the Goods shall pass to the Buyer at the time of delivery or, if the Buyer fails to take delivery of the Goods, the time when the Company has tendered delivery of the Goods or when the Company has notified the Buyer that the Goods are ready for collection.
PRICES
Orders are accepted by the Company on the basis that prices charged shall be inclusive of VAT and as per the Company’s price list at the date of dispatch. Prices may be increased by the Company to the extent necessary to enable the Company to recover any increases in costs incurred by the Company prior to the date of dispatch.
UNFAIR CONTRACT TERMS
The Company has drawn up these Conditions and considers them to be fair and reasonable and its prices are based on contracts made on these Conditions. If the Buyer considers these Conditions to be unreasonable, the Company must be informed in writing before any Contract is made, otherwise the Buyer will be deemed to have accepted that these Conditions are fair and reasonable.
PERSONAL INFORMATION
The Company shall only use and store your personal information, as provided by you to us or collected by us, in accordance with the Data Protection Act 1998 or any other relevant data protection legislation that is in force from time to time.
We will use the personal information you provide to us to:
provide the Goods;
process your payment for such Goods; and
inform you about similar products or services that we provide, but you may stop receiving these communications at any time by contacting us.
We will not give your personal information to any third party.
For the purpose of the Data Protection Act 1998, the data controller is I-Nab, 5 Little Park Farm Road, Fareham, Hampshire, PO15 5SJ, United Kingdom. Company No. 2906519
We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy, as it includes important terms which apply to you.
PROHIBITED PARTIES COMPLIANCE
This agreement requires both parties to be compliant with government regulations and orders. These include individuals, entities, and countries published in government prohibited/debarred parties and/or embargoed/sanctioned countries lists in all jurisdictions where the Company does business
No transactions, directly or indirectly, involving Syria, Iran, Yemen, Sudan, Myanmar, North Korea or Cuba, will be accepted. Nor should any transaction be pursued if there is reason to believe that the goods or services will eventually end up in one of these countries or on the United Nations, the European Union and/or the United States lists of embargoed/sanctioned countries as amended from time to time
The Customer agrees to maintain complete and accurate records of every transaction in this relationship for at least five years. Should there be reasonable evidence that the Customer is not in compliance with governmental regulations on prohibited parties and the above listed sanctioned countries, then the Company shall have the right to terminate this agreement with immediate effect.
GENERAL
Assignment: the Company may assign the Contract or any part of it to any person, firm or company. The Buyer shall not be entitled to assign the Contract or any part of it without the prior written consent of the Company. Each right or remedy of the Company under the Contract is without prejudice to any other right or remedy of the Company whether under the Contract or not.
Force Majeure: the Company shall not be liable for any failure or delay in performing its obligations under the Contract to the extent that such failure or delay is caused by a Force Majeure Event. A Force Majeure Event means any event beyond a party’s reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes, failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.
Entire Agreement: the Contract constitutes the entire agreement between the parties. The Buyer acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of the Company which is not set out in the Contract.
Severance: if any provision of the Contract is found by any court, tribunal or administration body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
Waiver: failure or delay by the Company in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract. Any waiver by the Company of any breach of, or any default under, any provision of the Contract by the Buyer shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.
Rights of Third Parties: the parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to.
Governing Law and Jurisdiction: the formation, existence construction, performance, validity and all aspects of the Contract and these Conditions shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.
Alternative Dispute Resolution: Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. The European Union has set up an Online Dispute Resolution (ODR) platform. If you are not happy with how we have handled a complaint about your transaction, disputes may be submitted for online resolution to the ODR Platform at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.
DATA PROTECTION AND PRIVACY
Our goal is that you have a safe shopping experience on-line and we protect the personal data you entrust with us. For all our services we act as the Data Controller for you and we are responsible for keeping your data safe. Any personal data you provide to us is stored securely and is processed fairly and lawfully in accordance with this privacy policy.
We take appropriate technical and organisational measures to protect against unauthorised or unlawful processing of your personal information, including encrypting your information to applicable industry standards.
During the process of administering your order we may gather certain personal information that is necessary for the purposes of billing, delivery of your goods and to address queries. We only keep your information for as long as is necessary. We may retain personal information to improve your experience, for legal and regulatory purposes, for the purpose of recording disputes, to process your order, process any applicable refunds or to respond to any complaints/feedback.
We do not transfer your information outside the European Economic Area (EEA) unless you are a user located outside the EEA in which case we may need to transfer your information to deliver your goods or process payment/refunds.
When you supply your information to us you accept the risk associated with the Internet and consent to our processing your information in accordance with this policy and will not hold us responsible for any loss of your information unless we have breached out duty of care to you.
If you have any queries regarding our use of your personal information or this privacy policy, you should contact our Data Protection Officer
