These terms and conditions ("Terms") govern the user's ("you", "your" or "the buyer") use of our website 'www.torqen.uk' ("the Website") and your relationship with TORQEN LTD trading as TORQEN ("we", "our", "us", "the seller" or "the company") (Company Registration No. 9367435) whose registered office is at TORQEN, Unit 10, Fourth Way, Wembley, London, HA9 0LH. Please read them carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms, please do not access or use the Website. If you have any queries regarding these Terms, please contact us at email@example.com.
A. USE OF THE WEBSITE
By using the Website you agree to be bound by these Terms.
We reserve the right to:
• Update these Terms from time to time and any changes will be notified to you via a suitable announcement on the Website. It is your responsibility to check for such changes. The changes will apply to the use of the Website after we have given such announcement. If you do not wish to accept the new Terms you should not continue to use the Website. If you continue to use the Website after the date on which the change comes into effect, your use of the Website will be deemed to indicate your acceptance of, and agreement to be bound by, the new Terms
• Modify or withdraw, temporarily or permanently, this Website and the material contained therein (or any part) without notice to you, and you confirm that we shall not be liable to you for any modification to, or withdrawal of, the Website or its contents
You warrant that:
• The personal information which you are required to provide when you register is true, accurate, current and complete in all respects
• You are not impersonating any other person or entity
• You are authorised to represent the organisation which you are purporting to represent
During the term of this agreement you will notify us immediately of any changes to your personal information by e-mailing our customer service representatives at firstname.lastname@example.org
The Website may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and its use. You agree not to upload or transmit through the Website:
• Any computer viruses or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer
• Any material which is defamatory, offensive or of an obscene character
• You may not create a link to this Website from any other website without our prior written permission.
5. Age restriction
• We won't sell any product to anyone who isn't 18 years old or over. By placing an order you confirm that you are at least 18 years old.
• If you are buying products as a gift - the recipient must also be over 18 years old.
• If our couriers are in any doubt about the age of the recipient on delivery, they will request some form of ID. If the person receiving the products is unable to produce appropriate ID, unfortunately our couriers will be unable to leave the parcel.
5. Third Party Links
As a convenience to our customers, the Website may include links to other websites or material which is beyond our control. We are not responsible for such websites or material nor do we review or endorse these websites. We will not be liable, whether directly or indirectly, for the practices in respect of privacy or otherwise and/or the content of such websites nor for any damage, loss or offence caused or alleged to be caused in connection with, the use of or reliance on any such advertising, content, products, materials or services available on such external websites or resources and we accept no responsibility or liability for any losses or penalties whatsoever that might be incurred as a result of linking to any location on any linked websites or pages.
6. Intellectual Property
The content of the Website is protected by copyright, trade marks, database and other intellectual property rights whether registered or unregistered. You acknowledge that the ownership of the material and content displayed on the whole or on part of the Website and the intellectual property rights in such material and content shall remain with us or our licensors absolutely.
You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of such content for your own, internal business purposes, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for external commercial purposes any of the materials or content on the Website.
7. Limitation of Liability
Notwithstanding any other provision in the Terms, nothing in these Terms will exclude or limit our liability for death or personal injury resulting from our negligence.
The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties, whether express or implied, in relation to it and its use. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided to by you. You must bear the risk associated with the use of the Internet.
Whilst we will try to ensure that material included on the Website is correct, reputable and of high quality, we cannot accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. If we are informed of any inaccuracies in the material on the Website we will attempt to correct this as soon as reasonably possible.
We will have no liability for:
• Incompatibility of the Website with any of your equipment, software or telecommunications links
• Technical problems including errors or interruptions of the Website
• Unsuitability or unreliability of the Website
• Inadequacy of the Website to meet your requirements
• To the full extent allowed by applicable law, any loss of profits, loss of business, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data, pure economic loss or any consequential losses, indirect, incidental damages, special or punitive damages whatsoever that arise out of or are related to the Website
• Viruses or other computer bugs or malfunctions acquired by you from the use of the Internet or the Website
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.
Goods ordered by the buyer may not be compatible with vehicles which have been modified, adapted or altered. Where goods ordered by the buyer 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.
Where goods purchased by the buyer are alleged to be defective, the buyer agrees to return such goods to the seller for inspection and report (without the seller replacing the said goods prior to such inspection). The buyer 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 buyer 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.
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 buyer that the part supplied is incorrectly supplied or otherwise not in accordance with the order.
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.
If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to have been deleted from these Terms and shall not affect the validity and/or enforceability of any remaining provisions of the Terms.
No waiver by us in respect of any breach of any provision of these Terms shall be construed as a waiver of any preceding or succeeding breach of any provision of these Terms.
10. Third Party Rights
All third party rights are excluded and no third party shall have any right to enforce these Terms. This shall not apply to members of our group who shall, from time to time and subject to our consent, have the right to enforce these Terms as if they were us. Any rights of a third party to enforce these Terms may be varied and/or extinguished by agreement between the parties to these Terms without the consent of any such third party.
11. Law and Jurisdiction
The Website is controlled and operated in the United Kingdom. The Terms will be governed by the Laws of England and Wales and you irrevocably agree to submit to the exclusive jurisdiction of the English Courts.
12. The price and payment methods
The price and payment for the goods you order is as set out on our website at the same time you place your order, plus any charges for carriage as set out in our order form. All prices on the TORQEN website are shown including VAT at 20%. VAT is chargeable on all orders to the U.K. and European Union. Items, which are zero rated for VAT, are shown on the website.
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, 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. Buyers are hereby informed that calling down of smaller quantities of material than ordered may increase the overall price per unit, there being reduced economies of scale in order. The resultant additional cost shall be the buyers.
13. Delivery and title
We will deliver the goods in accordance with your order. U.K. delivery is normally within 2-3 working days. International orders are generally delivered in 5-10 working days. A signature will be required on delivery of your order. Upon despatch of your order, the title in goods will pass to you. In the unlikely event that you have not received the goods within 5 days of the shipping date, you must notify us immediately.
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.
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.
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 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.
14. Availability and stock
While we endeavour to hold sufficient stock to meet all orders, if we have insufficient stock to supply or deliver the goods ordered and paid for by you, we will advise you after the order has been placed and offer a delivery date for the order.
All guarantees for products are provided entirely by the manufacturers and are subject to terms contained therein. Purchasers are reminded to complete and return all warranty cards/documents upon receipt of goods where appropriate.
16. Product description/information
Each product purchased is sold subject to its description/more information on the product individual page. We have made every effort to provide complete and accurate product information, but some images may not be a generic product and you are advised to treat all images as for illustration purposes only.
In the eventuality that a product is listed at an incorrect price or with incorrect information due to typographical errors or errors with details provided by the manufacturer, we reserve the right to hold, refuse or cancel an order. In such circumstances the buyer will have the opportunity to accept a full refund or make an additional payment to meet the correct price of the product.
17. Price fluctuations
Due to the nature of our business model, the majority of orders are fulfilled by international suppliers and manufactures. Some price changes may arise due to fluctuations in delivery costs and currency/exchange rates. Price changes will be reflected on our website as soon as possible, but in some cases we reserve the right to hold, cancel or refuse orders in process. In such circumstances the buyer will have the opportunity to accept a full refund or make an additional payment to meet the correct market price for the specific product.