Terms & Conditions
1. Any reference to Company/Seller/We/Us shall mean Kippax Performance UK Ltd, Registered Office, 134-134 Great Ancoats Street, Manchester M4 6DE, Trading Address, Lower Trelake Business Park, Tedburn Road, Exeter EX4 2HF – UK. Company Registration No.8060449 UK VAT No.GB 134 7480 11 who sell or supply specialist motor equipment and accessories in the course of their trade or business.
2. Any reference to You/Buyer 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 assignees. Where the term Buyer appears within these terms it shall mean both Trade Buyer and Consumer Buyer unless specified as relating to a Trade Buyer or Consumer Buyer individually.
3. 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 and that any Implied Statutory Rights will not apply to that contract (“Trade Buyer”). In respect of a contract with a Trade Buyer the Kippax Performance Business Terms and Conditions shall also apply to that contract and if there is any conflict between the terms of the Kippax Performance Business Terms and Conditions and these Kippax Performance Consumer Terms and Conditions the Kippax Performance Business Terms and Conditions will take precedent
4. Where a person deals entirely as a consumer (“Consumer Buyer”), we are under a legal duty to supply Goods that are in conformity with this contract. As a consumer, you have legal rights known as statutory rights which include, but are not limited to, rights regarding Goods that are of satisfactory quality, are fit for purpose and are as described (these rights are implied into a contract by the Sale of Goods Act 1979) and rights regarding defective or faulty Goods (these rights implied into a contract by the Consumer Protection Act 1987 (“Implied Statutory Rights”). Advice about your Implied Statutory Rights is available from your local Citizens’ Advice Bureau or Trading Standards office. These Implied Statutory Rights shall remain unaffected for Consumer Buyers by this contract.
5.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, or ancillary items, not detailed within the sales order form, shall be additional to this agreement (“Goods”).
6. Price shall mean the consideration due for purchase and shall include VAT where a Buyer purchases through or via the website. Buyers should note that prices referred to may vary during the currency of brochures (upwards or downwards). The price is exclusive of the cost of delivery and exclusive of Value Added Tax, duties and expenses in respect of the Goods all of which (where applicable) shall be added to the order and be included in the total payment due from the Buyer in respect of such order.
Confimation of Order & Price
7. In respect of orders placed via the Internet, such orders shall be mere offers to purchase and shall not be accepted or binding upon Kippax Performance until confirmed or acknowledged in writing by Kippax Performance by means of invoice or statement confirming acceptance of your order or by despatch of Goods to you. Confirmation by Kippax Performance that an offer to purchase and/or payment has been received by Kippax Performance shall not amount to confirmation or acceptance of an order
8. Current prices are quoted at the time of submission of order and whilst we use our best efforts to ensure that the prices of Goods are correct at the time when the relevant information is entered onto the order management system Kippax Performance reserves the right to refuse any offer to purchase prior to the issuing of written confirmation of acceptance or despatch of the Goods if we discover an error in the price of Goods you ordered, if the Goods become unavailable, if there is an error in the description, if the price of the Goods has varied or for any other reason. If we refuse an offer to purchase a full refund of your payment will be made to you, in the method payment was originally made to Kippax Performance
9. These conditions shall apply to all of Kippax Performance quotations and contracts, orders (including telephone, postal and internet orders) for the sale or supply of Goods accepted by Kippax Performance. 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 Kippax Performance. The placing of an Order for or the acceptance of the Goods by the Buyer shall indicate unqualified acceptance of these terms and conditions.
10. Brochure descriptions, Web Site information is indicative only and any specifications, weights, measurements and technical data (whether relating to performance or otherwise) have been prepared by Kippax Performance and are for guidance only. Additionally, parts or components pictured or described within brochures or 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, and measurements with manufacturers or Kippax Performance, prior to order. Manufacturers also allow tolerances within the manufacturer of their Goods and also reserve the right to amend specifications, without notice, in order to improve Goods or where amendment becomes necessary and Kippax Performance shall endeavour to inform the Buyer of any such amendment or change.
11. Kippax Performance 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 Kippax Performance. Subsequent to delivery, Kippax Performance shall accept no liability for any error or inaccuracy in any order.
12. Kippax Performance does not offer any guarantee on its Goods.
13. All guarantees for non Kippax Performance branded Goods are provided entirely by the manufacturers and are subject to terms contained therein. Buyers are reminded to complete and return all warranty cards/documents upon receipt of Goods where appropriate.
Cancellations of Orders & Returns
14. A Consumer Buyer shall have the right to cancel for any reason a contract for Goods bought online or by catalogue in accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“Consumer Right of Cancellation”). Your right to cancel starts on the date on which we confirm acceptance of your order and ends fourteen days after the delivery of the Goods. If your order is delivered in separate instalments of Goods then the end date for cancellation will be fourteen days after the day on which the last instalment of Goods is received by you. This cancellation right does not apply in the case of Special Order Goods which shall not be returnable under the terms of this clause.
15. If you wish to exercise your Consumer Right of Cancellation under clause 14 you need to let us know that you have decided to cancel. The easiest way to do this would be to inform Kippax Performance in writing by email, detailing the Consumer Buyer’s name, address and invoice number in the notification. You can also inform us of your cancellation by telephone, and post, the contact details you should use can be found on our Contact Us internet page.
16. If a notice of cancellation is received by Kippax Performance in accordance with clause 15 and the Goods have already been dispatched by Kippax Performance then the Consumer Buyer shall become liable to return the Goods to Kippax Performance forthwith, to such address as directed by Kippax Performance in their original packaging (and without having been installed or used and with all relevant seals and enclosures intact, save that the Consumer Buyer is entitled to handle the Goods to establish their nature, characteristics or functioning). Please refer to our Delivery and Returns Page for instructions as to how to return the Goods (including obtaining a returns reference prior to returning the Goods)
17. 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 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. Manufacturers may also limit guarantees when components are installed for competition use.
18. Any Goods being returned from Consumer Buyer should be returned at the Consumer Buyer’s sole expense to the Standard Returns Address
19. The Consumer Buyer is required to return the Goods in accordance with clauses 14 and 15 within no less than fourteen days starting with the day after the Consumer notifies Kippax Performance of the cancellation of the contract. If the Consumer Buyer fails to return the Goods within that time, Kippax Performance 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
20. Within fourteen days of receipt of your notice of cancellation, or if the Goods have been dispatched to you within fourteen days of Kippax Performance’s receipt of the returned Goods, Kippax Performance shall refund you the price you paid for the Goods. Please note that we are permitted by law to reduce your refund to reflect any reduction in the value of the Goods if this has been caused by your handling them in a way which would not be permitted in a shop. Kippax Performance shall also refund you any delivery costs you have paid, although, as permitted by law, the maximum refund will be the cost of delivery by the least expensive delivery method.
21. Where Goods purchased by the Buyer are alleged to be defective, Kippax Performance agrees to accept a return of such Goods for inspection and report (without Kippax Performance replacing the said Goods prior to such inspection). Please refer to our Delivery and Returns Page for returns. The Buyer 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 Kippax Performance be liable for any failures resulting subsequent to modification as a result of such modification
22. If you have returned Goods to us under clause 23 because they are faulty or mis-described, we will (following our inspection and providing that inspection confirms the fault/mis-description) arrange for repair, by the relevant manufacturer, or replacement at the discretion of Kippax Performance.
23. Goods purchased and delivered to the Consumer Buyer (that are not subject to the Consumer Right of Cancellation) may be returned if they are returned within 14 days and complete, in a re-saleable condition and have not been fitted, installed or used and with all relevant enclosures intact. If you wish to return items in accordance with this clause 23 please contact Kippax Performance in advance in order to obtain a returns reference. A refund, credit or exchange (as requested) will be issued within fourteen days of receipt of the returned Goods however any delivery charges will not be refunded.
24. 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 (and are not subject to the Consumer Right of Cancellation), Kippax Performance may accept such Goods back into stock entirely at its discretion, and Kippax Performance shall either issue a refund or credit to the Buyer except where Goods are ordered to the personal specification of the Buyer (“Special Order Goods”) where no such refund, exchange or credit will be available or given
25. Special Order Goods shall not be returnable
Title & Delivery
26. Ownership or Title to the product shall not pass to the Buyer until Kippax Performance has confirmed acceptance of your order and received payment in full for your order
27. Delivery times will be estimated at time of order and all times given for despatch and/or deliveries are approximate and time shall not be of the essence. Kippax Performance will use reasonable efforts to deliver the Goods without undue delay and will try to ensure Goods are delivered no later than 30 calendar days from the date of acceptance of your order (“30 Day Period”) unless an extended delivery period is agreed between the parties
28. If the Goods are not delivered within either the 30 Day Period or a different period agreed between the parties the Buyer agrees to give Kippax Performance at least 20 days written notice to deliver the Goods and making time of the essence Kippax Performance (“Extended Period”). If Kippax Performance fails to deliver the Goods by the expiry of the Extended Period the Buyer shall be entitled to cancel the contract and Kippax Performance shall issue to the Buyer a full refund. Goods The Buyer acknowledges in respect of Special Order Goods, that further delays may occur and allows Kippax Performance 30 days in any written notice setting out the Extended Period for delivery Kippax Performance.
29. In any event, delivery times are approximate and variable. Risk shall pass to the Buyer immediately when delivery is affected to the Buyer directly or to an independent delivery contractor as agent for the Buyer
30. The Buyer is required to notify Kippax Performance, in writing, of any shortage, mis-delivery or other discrepancy immediately, or at the latest within fourteen days of receipt of delivery. Thereafter Kippax Performance shall not be liable for any such discrepancy. Where delivery is affected to the Buyer’s own independent delivery contractor, loss or damage in transit claims should be made directly to the carrier however Kippax Performance will use reasonable efforts to assist the Buyer in making a claim against the carrier. Buyers should retain all packaging in the event of a claim or return within the terms of this agreement
31. Delivery and packing prices indicated within Kippax Performance’s Internet Site are subject to change and will be confirmed at the time of order.
32. Buyers outside the United Kingdom and Europe shall be quoted approximate prices for delivery and packing and for timescales of delivery prior to order confirmation, in such instances confirmation of acceptance of such quote shall be required from the Buyer prior to Kippax Performance’s acceptance of order.
Limitations upon Liability
33. Advice given by agents or representatives of Kippax Performance during telephone/internet orders is based entirely upon information given by the Buyer with no inspection undertaken. As such, all advice given is indicative only and all such advice should be checked by the Buyer prior to order. Where advice is given after visual inspection by agents or representatives of Kippax Performance, such advice shall amount to an opinion only. Additionally, Goods 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 Kippax Performance for such alternative use, amendment or modification
34. For Trade Buyers, Kippax Performance 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.
35. 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 Buyers should note that any claim for failure/wear, shall not be entertained by Kippax Performance. 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 Kippax Performance and Kippax Performance shall, in turn, place importance upon this clause. In addition, parts connected to parts supplied by Kippax Performance may be placed under stress where specialist/competition parts are used, and Buyers should take advice from experts prior to purchase. Manufacturers may also limit guarantees when components are installed for competition use.
36. Where Goods are defective, incorrectly supplied, delayed or otherwise in breach of the contract and/or the Consumer Buyers Implied 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 Kippax Performance. In addition, Kippax Performance shall accept no liability for death or personal injury unless caused directly by Kippax Performance’s own negligence.
37. Kippax Performance strongly recommends that you seek the assistance of a fully qualified mechanic trained in servicing and maintaining your particular vehicle when fitting any Kippax Performance supplied product. Kippax Performance will not accept any liability should you incorrectly install any product
38. Kippax Performance does not accept any responsibility for any labour charges incurred during fitment or removal of Goods in any circumstances, including (but not limited to) whether Goods are allegedly faulty or incorrectly supplied.
39. No liability is accepted by Kippax Performance where Buyers attempt to modify or install components supplied where it is known or thought reasonably to be known to that Buyer that the part supplied is incorrectly supplied or otherwise not in accordance with the order
40. Kippax Performance accepts no liability in respect of failure to supply or other interruptions caused by matters beyond the reasonable control of Kippax Performance, including but without limitation, strikes, lockouts, civil disputes, acts of nature, war or actions by third parties
41. The Buyer confirms that they shall comply with any or all rules and instructions relating to installation and use of the Goods concerned and fully accepts that any loss which results from forced, misdirected, inappropriate or unqualified installation or use shall not be accepted by Kippax Performance.
42. Notwithstanding any other provision of this Agreement, nothing in this Agreement shall confer a benefit on any person or persons not named as the Buyer herein (for the purposes of the Contract (Rights of Third Parties) Act 1999 or for any other purpose).
43. 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 non-exclusive jurisdiction in respect of any dispute arising therefrom.
44. These Terms will apply to any contract between us for the sale of Goods to you. Please read these Terms carefully and make sure that you understand them, before ordering any Goods from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Goods from our site..
44. You should print a copy of these Terms or save them to your computer for future reference.
Copywrite to Kippax Performance UK Ltd, 132-134 Great Ancoats Street, Manchester, M4 6DE – UK. Company Registration No.8060449
UK VAT No.GB 134 7480 11