Terms and Conditions of Business
Parts Monster supply goods and services only subject to these terms and any person (hereinafter called “The Buyer”) supplied by Parts Monster accept that these terms will govern all contractual relations between them to the exclusion of any terms contained in any of The Buyers documents even if The Buyers terms purport to provide that The Buyers own or some other terms prevail.
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 in relation to the goods or services save only that a Partner, of The Company may in writing agree such alterations or make or give such representations or warranties.
Returns
You have the right to cancel your order within a Fourteen - Day "cooling off period", which starts the day after you received the goods. If you wish to cancel under the Consumer Protections (Distance selling) Regulations 2000, you must inform Parts Monster of your intention to cancel your order by either email or post within the Fourteen-day cooling off period. You will then receive confirmation from Parts Monster and given a returns number, that must be quoted on all correspondence along with your original invoice number. We will only except goods back in a re-saleable condition. Once we have received goods we will then issue you a full refund less any delivery charges. (You will be required to return goods at your cost) If goods go missing we will only issue refund on proof of receipt from your carrier. If you are unable to arrange a return contact us and we will arrange collection on your behalf but a charge will be made which will be deducted from your refund total. If a delivery charge was made on the original purchase this will not be refunded. As this is a service which is concluded at the point of order.
Old Unit Surcharge
Some parts are subject to a unit surcharge which is listed on the invoice as "Surcharge" this is refundable on receipt of the old unit, on condition that returning old unit is in one piece with no visible signs of damage caused by the removal of the part. To find out more information contact our help desk at sales@partsmonster.co.uk
Damage or Shortage
Damage or shortage of goods found by The Buyer must be notified to The Company within 3 days. Failure to do so will free The Company from any liability in this respect.
Carriage
If your order does not meet the required carriage paid amount a delivery charge will be made and indicated on the payment screen. Our carriage charges stated only apply for UK mainland please contact us if you are outside this area. See delivery options. The Company reserves the right to charge for any special delivery or deliveries.
Delivery Options
Next day delivery is subject to availability at time of order. Any order placed after 1.00 pm will be dispatched the following day. Normal delivery is one to three working days. Our standard delivery charge is for the UK mainland, excluding Channel Islands, Isle of Wight, Isle of Man, Scottish Highlands, Scottish Isles, Northern Ireland and other remote locations. Please contact us for delivery charges for these areas. We can deliver to your home address or an alternative location which you can state at point of transaction. A delivery signature will be required unless stated at point of transaction. (In the case of a non signature delivery we will not be held responsible for missing goods.)
Fit 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. 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 legally may 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 condition.
Under no circumstances shall The Company be liable for any loss of profit or contracts or other consequential loss or damage on the part of The Buyer however caused. Parts Monster will not be liable to any labour claims, all warranties will be dealt with in accordance to the manufactures warranty procedures.
Goods
All images and illustrations shown in this web site is only meant as a guide, the actual part may differ in size. We reserve the right to send an equivalant part as long as it meets the specification of the original part ordered without prior notification.
Reservation of Title
Because of the large number of individual part numbers and references and the unique applications of individual automotive parts and supplies it is recognised by The Buyer that it is outside the bounds of normal possibility for any parts or supplies of the same part number or reference on The Buyer’s premises not to relate to parts and supplies of the same part number or reference supplied by The Company.
Not withstanding delivery and passing of the risk, legal and beneficial ownership shall remain in The Company until full payment for goods has been made. Until ownership passes The Buyer shall hold the goods as bailee for The Company and must keep the goods free from any Charge. Lien or other Encumbrance. The Buyer shall have possession of the goods but at all times remain accountable to The Company on a fiduciary basis in respect of the goods until payment in full has been made to The Company.
The Company and its associated companies shall be entitled to repossess all goods not paid for if any sum due in respect of goods remains unpaid by the due date. The Company and its associated companies may enter upon the premises of The Buyer to repossess such goods.
Where goods (or brands of goods) supplied by The Company can be identified on the premises of the Customer, and The Company can produce invoices or other evidence of supply of such goods, this evidence will be accepted as proof of supply of the goods by The Company irrespective of whether or not the invoice can be specifically related to the particular item/s on the Customer’s premises.
Not withstanding the provisions of this clause and Section 49 (1) of the Sale of Goods Act 1979 The Company may bring action for the price due under these Terms at any time after the price has become payable under these Terms.
Prices
Prices shall be as ruling at the date of despatch. The Company reserves the right to change any price without prior notification.
Statutory Rights
All orders whether oral or written are subject to these terms but nothing in these terms shall be deemed to affect the statutory rights of The Buyer.
Buyer's Terms
The Company does not recognise any terms and conditions of contract supplied by The Buyer unless any such terms and conditions are specifically acknowledged and agreed in writing by a Partner of The Company. Executions of, compliance with, or implementation of orders does not imply acceptance of The Buyer’s terms and conditions.
Liability
If you purchase goods from us as a consumer (which means anyone who acts outside the course of their business, trade or profession), to the extent not prohibited by law, we accept no liability for any:
- loss which is not foreseeable (loss is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you and we entered into our contract);
- loss which arises when we are not at fault or in breach of these Terms and Conditions; and
- business loss (which includes loss of profits, loss of business, contracts, goodwill, business opportunity and other similar losses, as well as business interruption).
- If you are a business customer, we shall have no liability to compensate you (whether in contract, tort (including negligence), breach of statutory duty or otherwise), other than any refund we make under these Terms and Conditions or otherwise at our discretion.
- If you are a business customer, we shall not be liable to you(whether in contract, tort (including negligence), breach of statutory duty or otherwise)for any: (i) loss of profits, business, contracts, goodwill, business opportunity and other similar losses, or any business interruption; or (ii) indirect or consequential loss, neither will we be liable to you for any other loss which is not a foreseeable consequence of us being in breach of these Terms and Conditions or our legal duties.
- If you are a business customer, you acknowledge and agree that these Terms and Conditions constitute the entire and only agreement between us.
- Nothing in these Terms and Conditions is intended to affect your legal rights if you are a consumer, nor is it intended to exclude or limit our liability to you for fraud, fraudulent misrepresentation, for death or personal injury resulting from our negligence or for any other liability which cannot be limited or excluded as a matter of applicable law.
- Goods are intended for use in the UK only and we cannot confirm that the goods comply with any laws, regulations or other standards applicable outside the UK. All goods are sold in accordance with the manufacturer’s specifications and are subject to any qualifications, representations or instructions contained in the documentation associated with the goods.
- If you are a business customer we will not be responsible to you or, in the event that you are undertaking work for another person, to any other person, for the use or installation of any goods by you. Accordingly, if you are a business customer, you hereby agree to hold us harmless from and indemnify us against any liability associated with, any claim or allegation that we are responsible for any failings in the installation or use of goods that we supply.
Unfair Contract Terms
The Company has drawn these Terms of Business in the light of the Unfair Contract Terms Act 1977 and considers them to be fair and reasonable and its prices are based on contracts made on these conditions. If The Buyer considers these terms to be unreasonable The Buyer must inform The Company in writing before any contract is made, otherwise he will be deemed to have accepted that The Company’s terms are fair and reasonable.