ShukersParts.co.uk Terms & Conditions
These terms and conditions augment and in places override our standard terms and conditions where noted. Our Web Shop Terms and Conditions are to be considered an addition to our General Terms of Website Use and our Terms of Business which are both part of this document, and form constituent parts of a whole which will be known herein as the 'Terms and Conditions'. By purchasing from our online shop, you agree and understand that you have read the Terms and Conditions, and the Shukers Limited (known herein as 'The Company') Standard Terms and Conditions.
Shukersparts.co.uk is a trading name of Shukers Limited ('The Company'), and shall be referred to herein as 'ShukersParts'. By purchasing or ordering from ShukersParts, you are signifying your agreement to be bound by the conditions herein.
Cookies, Privacy and security
ShukersParts will not share your details with any third parties except for WorldPay, our payment processor. Details held by ShukersParts are responsibly stored by Shukers Ltd, and your email address may be used to keep you informed of the progress of your order or relevant future offers. You can request exclusion from such updates at any future point by request.
Your payment details will be handled soley by WorldPay. ShukersParts nor The Company will have any part in card payment transactions, and your card details will only ever be requested by our WorldPay portal. Your privacy and security when entering these details are handled by WorldPay and you are bound by their own terms, conditions, privacy policies and guarantees.
At no point will ShukersParts or The Company request your card details online via our own site, and payments SHOULD ONLY BE MADE once you are securely transferred to our WorldPay portal.
Whilst ShukersParts and The Company aim to ensure that to the extent of our power your details are securely stored, The Company nor ShukersParts may be held liable for leakage or failure due to technical reasons beyond our control.
As our cookies are unique to us, no personal data of yours is stored or retrieved; only encoded reference values are passed around.
If you are interested in disabling cookies for this, or any other website, this is possible by adjusting your web browser settings...The Help menu on the menu bar of most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie and how to disable cookies altogether.
Shopping and browsing
Whilst we do our utmost to ensure a pain-free and uninterrupted shopping experience, due to the unpredictable nature of internet and client-side errors we cannot fully guarantee continual service in all cases. In addition, where we need to make changes or restrict access due to website maintenance, there may also be restriction or suspension of our site service for which we apologise in advance and aim to keep to a minimal outage time.
Please be sure to check and re-check items in your shopping trolley at ShukersParts, as The Company and ShukersParts accept no responsibility for errors occurring on behalf of the customer. By completing the checkout process, you are agreeing to the purchase of the items in your trolley at the costs indicated.
By shopping or using Shukersparts.co.uk and any of its storefronts, you are granted temporary licence for personal usage of the content and design of our systems. Your are not, however, permitted to download, copy or retain (other than browser caching) any portion of the site either electronically or using any other media.
The Shukersparts.co.uk website and any page within, including all page code, text, images, design and layout may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any purpose without express written consent.
You also agree that you will conduct your behaviour upon the shukersparts.co.uk website in a manner which is respectful. You may post reviews, comments and other comments, but The Company reserves the right (but not the obligation) to remove any such content or edit it at our discretion.
By posting such information, you are granting The Company to display such information for an undetermined amount of time, with non-exclusive and royalty-free rights to use, modify, reproduce, adapt and create derivatives for use within The Company and our affiliated websites.
The name you submit in these circumstances will be used in any such instances, and where applicable, any text used outside ShukersParts will be credited with this information.
Content, disagreements and claims
ShukersParts is a website which contains many product lines, many details and many external links and subtexts. Therefore, ShukersParts and The Company would like to express that where applicable, any errors in listings, descriptions, pricing or imagery are possible, and in such instances we urge you, the customer, to make us aware of such errors BEFORE purchasing or ordering, as we, The Company and ShukersParts will accept no responsibility for errors once items are ordered.
Whilst the ShukersParts website may contain reviews and comments, we would point out that it is not always possible for us to be aware of these comments, or any intended defamation or malice. Should such an occasion arise, we operate a strict policy which is instigated by notice from our customers.
Should you notice any errors, defamatory or incorrect statements, or problems with any of the content, please inform us immediately and we will take appropriate measures as soon as possible.
Pricing and availability
Where applicable on ShukersParts.co.uk, stock availability is shown in our product listings. As we are using stock as part of our service workshops, stock levels can fluctuate daily, and we therefore apologise if an item appears out of stock. However, where possible, we will inform you as soon as we are able of any unforeseeable stock issues with items you may have ordered, and in cases where an item is unobtainable, we may offer a full refund.
Refunds, cancellations and returns
Whilst many items on shukersparts.co.uk are covered by manufacturer's guarantees and warranties (in which case we request you contact the relevant manufacturer in case of fault or defect), we also operate a 7-day returns policy for items (unless specifically stated otherwise in the individual product description).
It is the customer's right to cancel the contract within 7 days of receipt of goods. Where applicable, any items returned within 7 days of receipt may be returned unopened, undamaged and in their original packing. Should the items be returned for no fault of The Company or ShukersParts, it will the responsibility of the purchaser to fund and arrange the return carriage (for which we recommend you use an insured and signed-for service), and items may be subject to a 15% restocking fee, which will be subtracted from the item price before refund.
ShukersParts.co.uk will endeavour to process any returns for replacement speedily, and we will keep you informed during the entire process.
Where a return is being made through the fault of The Company or ShukersParts, or for any other reason, please contact us to arrange a return and we will take you through the returns procedure. You will be supplied with a returns reference, and an address to send the items back to. Returns and cancellations will only be processed upon receipt of the items at Shukers Ltd. We cannot refund or replace items without following our returns procedure.
Card payments are made via WorldPay, and card transactions are handled away from our own website. Security is guaranteed by WorldPay. ShukersParts nor The Company handle any credit card details.
TERMS AND USE OF THIS THE COMPANY WEBSITES
Access to and use of the Shukers website on any of the domains shukers.com, shukers.co.uk, shukerslandrover.com, shukerslandrover.co.uk, shropshirelandrover.com, shropshirelandrover.co.uk, shukersparts.co.uk (the "Website") is provided by Shukers Landrover ("The Company") and is subject to the following terms:
Access to the Website
By using the website you agree to be legally bound by these terms, which shall take effect immediately on your first use of this Website. If you do not agree to be legally bound by all the following terms please do not access and/or use this Website.
The Company may change these terms at any time by posting changes online. Please review these terms regularly to ensure you are aware of any changes made to the Website. Your continued use of this Website after changes are posted means you agree to be legally bound by these terms as updated and/or amended.
Use of the Website
You may not copy, reproduce, republish, download, post, broadcast, transmit or otherwise use any of the Website content in any way except for your own personal and non-commercial use. You also agree not to adapt, alter or create a derivative work from any of the Website content except for your own personal, non-commercial use. Any other use of the Website content requires the prior written permission of The Company.
You agree to use the Website only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of the Website. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within the Website.
Disclaimers and Limitations of Liability
The Website content, including the information, names, images, pictures, logos and icons regarding or relating to The Company, its products (or to third party products and services), is provided "AS IS" and on an "IS AVAILABLE" basis without any representations or any kind of warranty made (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
The Company will not be liable for any damages, including indirect or consequential damages, or any damages arising from use or loss of use, data or profits, whether in contract, negligence or other tortuous action, arising from or in connection with the use of the Website.
The Company do not warrant that functions contained in the Website content will be uninterrupted or error free, that defects will be corrected, or that The Company or the server that makes it available are free of viruses or bugs.
Descriptions of functionality and screen shots are provided for general information only and may be derived from a number of products, platforms or versions; all such information is supplied on a non-contractual basis and is subject to change, omission or variation by The Company at the sole discretion of The Company Ltd.
The names, images and logos identifying The Company or third parties and their products and services are subject to copyright, design rights trade marks and other intellectual property rights of The Company. Nothing contained in these terms shall be construed as conferring by implication or otherwise any license or right to use any trademark, patent, design right, copyright or other intellectual property rights of The Company, or any other third party.
The Website may contain other proprietary notices and copyright information, the terms of which must be observed and followed.
Third Party Websites
Certain links in this Website may connect to other websites maintained by other parties over whom The Company has no control. The Company makes no representations as to the accuracy or any other aspect of information contained in other websites.
Notwithstanding the foregoing, none of the exclusions and limitations in these terms are intended to limit any rights you may have as a consumer under statute which may not be excluded nor in any way to exclude or limit our liability to you for death or personal injury resulting from our negligence or that of our employees or agents.
These shall be governed by and construed in accordance with English Law. If any provision of this notice shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
Shukers Limited Standard Terms and Conditions
1.0 General and Definitions
1.1 These items are the only terms on which Shukers Ltd or its subsidiaries by whom this form is used (called the Company) contracts with the customer.
1.2 """Goods "" means all goods, parts or other things to be sold by the Company" to the Customer whether or not supplied in conjunction with work to be done by the Company.
1.3 """Work"" means any work to be done by the Company whether by way of repairs, servicing, fitting or otherwise.
1.4 The Customer will be deemed to have accepted these Terms of Business if he or his insurance company give instructions by any means for work to be done or goods supplied.
2.1 An estimate is a considered approximation of the likely cost involved. All estimates are valid for 30 (thirty) days from dispatch of the estimate by the company to the customer. If the customer deposits a vehicle with Shukers Limited for the purpose of an estimate, a storage charge of £5 (five pounds) per day will be made to the customer from 31st day after the dispatch of the estimate by the company unless the estimate is accepted by the customer within 30 (thirty) days of such dispatch or the vehicle is removed by the customer from the premises within that period.
2.2 Prices of goods are based on prices current at the time of preparation of the estimate and the Company reserves the right to increase such prices if the price to the Company is increased between preparing the estimate and obtaining the goods.
2.3 Unless otherwise agreed in writing if it appears during progress of any work that the estimate will be exceeded by a significant amount the Company will not continue the work without further express permission (which need not be written) from the Customer.
3.0 Uncompleted Work
3.1 If for any reason work requested by the Customer is not carried out in full the Company will charge a reasonable amount for any work actually carried out and the current price of any goods supplied or fitted.
4.1 Any variations agreed between the Company and the Customer in work to be done or goods to be supplied shall be deemed to be an amendment to this Contract and shall not constitute a new contract.
Shukers Limited will use its best endeavours to complete work or supply goods within a time period notified to the customer, but shall be under no liability whatsoever for loss occasioned by delay in completing work or supplying goods arising out of any cause beyond the control of Shukers Limited. The customer will be informed of any delays in completion of work or the supply of goods within a reasonable time frame prior to the due time or date.
6.0 Completion of Work and Payment
6.1 All goods shall be paid for upon delivery unless credit has been agreed in advance.
6.2 Work shall be deemed complete when the Customer is advised by the Company that such work is complete. The Customer will pay the Company for all work done and goods supplied as well as any storage charges before any vehicle may be removed from the Company's premises.
6.3 If the vehicle is not collected by the customer within 7 (seven) days of the customer being advised that the repair(s) is/are completed, Shukers Limited may charge a storage fee of £5 (five pounds) per day. Shukers Limited may sell the vehicle if the customer shall fail to pay monies due to Shukers Limited, and collect the vehicle within 3 (three) months of being notified that the repair(s) have been completed, and that Shukers Limited intention to proceed to sell it. Upon any such sale Shukers Limited shall pay the balance of the proceeds of the sale to the customer after deducting the cost of the repair(s).
7.0 Retention of Title and Risk
7.1 Goods are at the risk of the Customer as soon as they are delivered by the Company to the Customer.
7.2 Goods shall remain the sole and absolute property of the Company as legal and equitable owner until such time as the Customer shall have paid to the Company the full price thereof together with the full price of any goods the subject of any other contract with the Company and together with all storage charges and interest that may be due to the Company under this Contract or any other and until payment in full as aforesaid has been made the Customer acknowledges that he is in possession of the goods solely as bailee for the Company.
7.3 Until the Customer becomes owner of the goods he will store separately from his own goods or those of any other person and in a manner which makes readily identifiable as the goods of the Company.
7.4 The customers’ right to possession will cease if they, not being a company, commits an available act of bankruptcy or of they, being a company, does anything or fails to do anything which would entitle a receiver to take possession of any assets or which would entitle any person to present a petition for winding up.
7.5 The Customer shall be at liberty to agree to sell on the goods or any product produced from or with the goods subject to the express condition that such an agreement to sell shall take place as agents (save that the Customer shall not hold himself out as such) and bailees for the Company, whether the Customer sells on his own account or not and that the entire proceeds thereof are held in trust for the Company and are not mingled with other monies or paid into any overdrawn bank account and shall be at all times identifiable as the Company's Monies.
8.1 Unless otherwise agreed in writing, delivery of goods shall be from one of Shukers Limited company address.
9.0 Loss or Damage
9.1 The Company is only responsible for loss of or damage to any vehicle or its accessories or contents caused by the negligence of the Company or its employees. The Customer is strongly advised to remove any items of value not related to the vehicle and in respect of any loss or damage not the responsibility of the Company must rely upon his own insurance.
9.2 Parts received that are damaged must be reported to the Company within 24 hours of delivery if a credit or exchange is required.
10.0 Replaced Parts
10.1 All parts replaced during any work done, except those that have to be returned to manufacturers or suppliers under warranty or service exchange arrangements, will be retained by Shukers Limited for the Customer until the vehicle is collected. If the Customer does not specifically ask to take possession of such replaced parts when collecting the vehicle, then they will become the property of Shukers Limited to dispose of as it deems fit.
11.0 Returned Goods
The goods will be accepted back for credit provided:
i) The customer returns the goods within 5 (five) working days of delivery: and
ii) The original invoice is produced: and
iii) The customer pays Shukers handling charge for returned goods, which is 10% (ten percent) of the pre VAT invoice value: and
iv) The goods were not specially ordered by the customer
The above clause (12.1) does not affect the customers’ statutory rights.
11.2 Save as aforesaid goods will not be accepted back by Shukers Limited.
11.3 Exchange units that are to be returned for a surcharge credit must be returned to the Shukers Limited within one calendar month of the original issue.
12.0 Sub Contracting
12.1 Shukers Limited shall be entitled to carry out its obligations under this contract by sub contractors but shall be responsible for quality of sub contractor’s work.
13.0 Health and Safety
13.1 Notice is hereby given to the Customer that the instructions for use, cautionary notices, and other technical notices and information are supplied to the customer with the goods.
14.1 Repairs carried out by Shukers Limited are warrantied for a period of no less than 12 months. In respect of any parts fitted or other goods, Shukers Limited assigns to the customer, the benefit of the applicable manufactures warranty.
14.2 If the work includes painting then: i) if the metal to be painted is rusted every reasonable precaution will be taken to prevent rust penetrating the paint after completion of the work but no warranty can be given in this respect. ii) no warranty can be given that the new paintwork will match existing paintwork exactly.
14.3 The warranties in 14.1 above are in addition to any other remedies the Customer may have under the Contract but where applicable do not extend to cover defect, arising from failure by the Customer to have the vehicle serviced in accordance with the manufacturer's recommendations.
15.1 All written notices given by the Company to the Customer shall take effect 24 hours after being despatched by the company in the normal course of post to the Customer address.
NOTHING CONTAINED HEREIN SHALL AFFECT THE STATUTORY RIGHTS OF A CUSTOMER
16.0 Distance Selling
16.1 In accordance with the Consumer contracts (information, cancellation and additional charges) Regulations 2013. The Customer is defined as an individual acting for the purposes which are wholly or mainly outside the individual trade, business craft or profession, has entered into this contract prior to a face-to-face meeting with Shukers Limited, the Consumer may cancel the contract from placing the order until 14 days after delivery.
16.2 Once a request for cancellation has been received, a refund must be given within 14 days of cancelling the contract or within 14 days of returning the goods.
16.3 If the Customer fails to deliver the Goods to Shukers Limited, Shukers Limited may make a charge for its direct costs of recovering the Goods from the Customer, Shukers Limited may deduct this charge from any sum that Shukers Limited must pay or repay to the Customer
16.4 On cancellation any related credit agreement will be cancelled.
16.5 On cancellation the Customer must, until the Goods are restored to Shukers Limited, take reasonable care of the Goods and keep the Goods in the Customer's possession.
16.6 If the Customer has altered, modified, personalised, or done anything to the Goods inconsistent with Shukers Limited ownership of the Goods, then if the Customer cancels the contract for the Goods he shall indemnify Shukers Limited for any loss Shukers Limited suffers as a result of such alteration, modification or thing done to the Goods which is inconsistent with Shukers Limited ownership;
16.7 If the Goods are made to the Customer’s specifications or clearly personalised then the Customer does not have the right to cancel the contract.
17.0 Use of Customers Vehicle(s)
The customer gives Shukers Limited, with express authorisation, to use the customers’ vehicle for all purposes in connection with the work undertaken.
18.0 Data Protection
Shukers Limited shall keep and use any data relating to the Customer in accordance with the provisions of all relevant data protection legislation and the Customer consents to such data being kept and used for appropriate purposes, including informing the Customer of any offers or other matters of interest from time to time.
Any disputes will be subject to the exclusive jurisdiction of the English Courts and will be determined in accordance with the laws of England and Wales.
REGISTERED OFFICE: 7 BATTLEFIELD ROAD, SHREWSBURY, SY1 4AE PHONE 01743 450045
REG No. 351322 ENGLAND. VAT No. 100 4016 54
Revised August 2014