Terms & Conditions
1 Area of Application
1.1 These following terms of business by BEE-COOL PERFORMANCE & MOTORSPORT (ONLINE) LIMITED (hereafter "vender"), are valid for all contracts which the customer enters into with the vender on the vender´s on-line shop.
1.2 Customers are for these purposes - consumers as well as enterprises. A consumer is an individual who closes a legal deal for a purpose, which can not attribute to his commercial nor his independent professional activity. In contrast an enterprise is a legal entity or incorporated partnership, which undertakes legal transaction in exercise of his independent professional or commercial activity.
2 Contract formation
2.1 The product line seen on the venders on-line shop serve as representations for products available for bidding by the customer. All bids are legally binding obligations.
2.2 The customer can submit an order in writing, by email, over the phone or by using the integrated on-line order form found on the vender´s on-line shop. By entering his personal data and clicking the “order now” button at the end of the on-line order form, the customer hereby enters into a legally binding contract with the vender in which he is obligated to the payment of all products currently found in his shopping cart. Before beginning the binding order of a product, all data entries can be corrected at any point prior to clicking the “order now“. In addition, all entries are displayed before the completion of the binding order once more in a confirmation window and can also be corrected there.
2.3 The vender will promptly confirm the receipt of customer´s order via electronic communication (e-mail). The vender can accept the offer of the customer by a written (letter) or electronically transmitted (e-mail) confirmation of order or by delivery of the product within five days. The vender reserves the right to reject the acceptance of the order e.g. after the inspection of the customer´s credit.
2.4 The order data is stored by the vender and can be accessed by the customer after submitting his order by logging into his password-protected customer account, provided that the customer has opened a customer account in the vender´s on-line shop prior to submitting his order. The order data is sent to the customer in text form after he has submitted his order. The same holds true for the provisions of the contract including these general terms of business and consumer information.
2.5 The order processing and formation of the contact between customer and vender takes place by e-mail and the automated order handling. The customer is obligated to ensure that he has entered a valid e-mail address when submitting his order, so that he will be able to receive any emails sent by the vender to him. In particular customers using spam filters must be aware that it is possible that emails sent by the vender or by third party commissioned with the handling of the order may be blocked.
3 Return shipment costs when exercising of the right of cancellation/withdrawal
A customer has a right of cancellation under the Distance Selling Regulations (DSR’s). The regular costs of the return postage are imposed on him, the customer, when exercising his right of the cancellation, unless the delivered product is not consistent with the ordered one. In all other cases the vender bears the costs for the return shipping.
4 Prices and Payment Terms
4.1 The prices quoted by the vender are final prices, i.e. they contain all price components, including the VAT. If applicable, additional shipping and handling fees will be included separately in the respective product description.
4.2 For deliveries within the UK mainland the vender offers the following payment options, unless otherwise specified in the respective product description:
- Credit card (visa / mastercard)
- Debit card (visa debit / Visa electron / Maestro)
5 Terms of shipping and delivery as well as the passing of risk
5.1 The delivery of goods occurs along the standard dispatch route and to the customer´s provided shipping address. During the handling of a transaction, the provided shipping address is the only applicable address for the vender.
5.2 If a delivery to the customer is not possible, the commissioned transportation company will return the product to the vender. The customer is responsible for the costs of the unsuccessful delivery, unless the customer is not at fault for this occurrence.
5.3 As a basic principle the risk of the accidental loss and the accidental damage to the sold product is transferred upon the delivery of the product to the customer or the person authorized to receive the product.
6 Right of ownership
All delivered products from the vender remains property of the vender until the vender has received full payment for the goods from the customer.
7 Fault liability
There are legal regulations in the case of a fault of sale items. The sale of goods through this website is governed by UK Law. Any dispute arising from or relating to such transactions shall be subject to UK Law.
For a complete guide to the Sale Of Goods Act 1979 please visit: http://www.legislation.gov.uk/ukpga/1979/54
Additional points as follows:
7.1 If an item delivered is not as described, not fit for purpose or not of satisfactory quality, please contact us using the Contact Support System on the website.
7.2 Goods are warranted for manufacturing faults only and it is the responsibility of the purchaser to ensure the goods are fitted as per manufacturers instructions where available. In most cases goods purchased from the vender require a reasonable level of technical experience and expertise to ensure correct fitting. It may be the case that special tools are required to fit the parts and it is therefore recommended that goods be professionally fitted.
7.3 If the consumer wishes to pursue a claim under warranty for faulty parts the vender reserves the right to request proof of professional services used in the fitting of the parts under claim.
7.4 Rights and claims within the scope of the liability for defects are principally excluded with used goods.
1.5 The period of limitation is not renewed within the scope of the liability for defects if a replacement delivery occurs.
8.1 The vender is liable in the case of the injury to life, body or health, with intention or an act of gross negligence, in deceitfulness and guaranteed promises and if the liability is otherwise imposed according to compelling legal regulations, such as for example under product liability law.
8.2 For the rest, the vender is directly liable under the following legal argument:
8.3 Provided that the vender neglects an essential contractual obligation the obligation to indemnify is limited to the foreseeable, typical statistically average damage costs.
8.4 provided that the vender neglects an unessential contractual obligation, the obligation to indemnify is limited to the order value.