We may update these User terms (and the documents referred to in them) and any aspect of the Service from time to time and will notify such changes to you by uploading details of them on the Site. You should review the User terms periodically for changes. By using the Site you agree to be bound by these User terms. If you do not agree to these User terms then please do not use the Services or any part of them.
1. About us
The Services are operated by Autofixa Limited ("we"). We are registered in England and Wales under company number 10773704 and with our registered office address at 11, The Green, Richmond, Surrey, TW9 1PX.
2. Accessing our Service
Access to the Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the services we provide through the Site without notice. We will not be liable if for any reason any of the Services are unavailable at any time or for any period.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these User terms.
It is your responsibility to ensure that all information (including your name and address) you upload to the Site, is correct and accurate. Ensure that you check all information before making a purchase.
If you breach any of these User terms, your right to use the Site and/or Services will cease immediately and you must, at our option, return and/or destroy any copies of the content you have made.
4. Intellectual property rights
We own, or are the licensee to, all right, title and interest in and to the Services, including all rights under patent, copyright, trade secret or trademark law, and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from any other part of the Service.
You must not extract or otherwise use any of the content on the Site and/or Services for commercial purposes without obtaining a licence to do so from us or our licensors.
We respect the intellectual property rights of others and we ask our Sellers to do the same. If you are aware that any of your intellectual property rights have been infringed on the Site, please contact us on email@example.com to report your concern.
5. Description of Services
Please note that when you decide to purchase goods and/or services the resulting legal contract is between you and that Seller and such contract shall comprise of these User terms, the email confirmation of your order and the applicable details on the product page and you agree to be bound by all such provisions.
You should carefully review the User terms, the email confirmation of your order and the applicable details on the product page in relation to the order. If there is any conflict or inconsistency between these User terms and the email confirmation of your order or the applicable details on the product page, these User terms shall prevail to the extent of the conflict or inconsistency.
We cannot give any undertaking, that goods and/or services you purchase from Sellers through the Site will be of satisfactory quality, and this and any other such warranties (whether express or implied) are disclaimed by us absolutely to the fullest extent permitted by law. This disclaimer does not affect your statutory rights against the Seller. Where you order goods and/or services through the Site we may disclose your customer information related to that transaction to the relevant Seller.
We are not responsible for listings provided by Sellers and at no time do we possess any items offered for sale by Sellers through the Site.
6. Disclaimer of Warranties and Limitation of Liability
(a)To the fullest extent permitted by applicable laws, we disclaim responsibility for any harm resulting from your use of any part of the Service.
(b) The Site is provided “as is” and “as available” and we expressly disclaim to the fullest extent permitted by law all express, implied and statutory warranties.
(c) Neither we nor any licensors are liable to you or any user for any use or misuse of the Site. Such limitation: (i) includes direct damages, whether such claim is based on warranty, contract, tort or otherwise (even if we have been advised of the possibility of such damages); (ii) includes indirect, incidental, consequential, special, exemplary and punitive damages, whether such claim is based on warranty, contract, tort or otherwise (even if we have been advised of the possibility of such damages).
(e) Nothing in these User terms shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
7. How contracts are formed between you and Sellers
Each order you place shall be deemed to be an offer by you to purchase the goods and/or services specified within it subject to the User terms and the applicable details on the product page.
No order shall be deemed to be accepted by the Seller until you have received an email acknowledgement of order. The contract between you and a Seller will relate only to those goods and/or services notified in the email acknowledgement of order.
You are responsible for inputting your VRM which you must do accurately.
Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from or deliver to addresses outside the UK.
8. Payment methods
You must pay for products before they are dispatched. You will not be charged until we dispatch the products to you. The costs of delivery will be as displayed to you on the Site.
Purchases for goods and/or services you make with Sellers may only be paid for using the payment methods made available from time to time through our payment facility. In accepting or otherwise processing your payments related to the purchase of items from sellers, we act in the capacity as commercial agent of the Seller. In respect of all payment methods, the Seller acknowledges and agrees that the valid payment by you to us for the purchase of item(s) between you and the Seller will satisfy your obligation to pay the Seller for the relevant item(s) and consequently, any debt obligations owed by you to the Seller for the purchase of such items shall be extinguished at that time. You acknowledge that these User terms, and/or any transaction made by you via www.autofixa.com, do not create or imply any partnership, joint venture or trust relationship between us, you and/or the Seller. The Seller further agrees that it will not seek recourse (legal or otherwise) against you for payment of items if you have validly paid us. You accept that some banks may charge you an additional fee for certain transactions.
9. Refusal of transaction
We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of so refusing or by reason of unwinding or suspending any transaction after processing has begun.
10. Delivery arrangements
Your shopping basket on the Site displays the goods you have chosen, the Seller who shall provide them and the details of any postage and packing. The delivery costs for each Seller vary according to the delivery methods they offer. Any delivery times quoted are in working days.
11. Your Rights to end the Contract and Returns
Your rights to end the contract will depend on what you have bought, whether there is anything wrong with it, how the Seller is performing and when you decide to end the contract:
A. Ending the contract because of something the Seller has done or is going to do.
If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) there is an upcoming change to the product or these terms which you do not agree to;
(b) there is an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside the Seller’s control;
(d) the supply of the products has been suspended for technical reasons; or
(e) you have a legal right to end the contract because of something the Seller has done wrong.
B. Exercising your right to change your mind (Consumer Contracts Regulations 2013).
For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
C. When you don't have the right to change your mind.
You do not have a right to change your mind in respect of services, once these have been completed, even if the cancellation period is still running.
D. How long do I have to change my mind?
How long you have depends on what you have ordered and how it is delivered.
(a) Have you bought products, if so, you have 14 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
(b) Have you bought fitment services? If so, you have 14 days after the day we email you to confirm we accept your order. However, once the Seller has completed the services you cannot change your mind, even if the period is still running.
12. How to end the contract with the Seller (including if you have changed your mind)
A. Tell us you want to end the contract.
To end the contract with a Seller please contact firstname.lastname@example.org Please provide your name, email address, home address, details of the order and, where available, your phone number.
B. Returning products after ending the contract.
If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must return the goods to the Seller. Please contact the Seller for a return label. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
C. When the Sellerwill pay the costs of return.
The Seller will pay the costs of return:
(a) if the products are faulty or mis-described; or
(b) if you are ending the contract because you have been told of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside the Seller’s control or because you have a legal right to do so as a result of something the Seller has done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
D. How you will be refunded.
You will be refunded the price you paid for the products including, where applicable, delivery costs, by the method you used for payment. However, deductions may be made, as described below.
E. Deductions from refunds if you are exercising your right to change your mind.
If you are exercising your right to change your mind:
(a) Your refund may be reduced 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.
(b) The maximum refund for delivery costs (if applicable) will be the costs of delivery by the least expensive delivery method we offer.
(c) Where the product is a service, an amount may be deducted for the supply of the service for the period for which it was supplied, ending with the time the Seller was informed you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
F. When your refund will be made. Any refunds due to you will be made as soon as possible.
If you are exercising your right to change your mind then:
(a) If the products are goods, your refund will be made within 14 days from the day on which the Seller receives the product back from you or, if earlier, the day on which you provide us with evidence that you sent the product back to us.
(b) In all other cases, your refund will be made within 14 days of telling the Seller you have changed your mind
13. Seller’s rights to end the contract
G. The Seller may end the contract if you break it.
The Seller may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within seven days of us reminding you that payment is due;
(b) you do not, within a reasonable time, allow delivery of the products.
14. Problem with the product
H. How to tell us about problems.
If you have any questions or complaints about the product, please contact the Seller. You can contact the Seller’s customer service team via the AutoFixa customer services team at email@example.com
I. Summary of your legal rights.
See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is goods, for example, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
If your product is services, for example [fitment], the Consumer Rights Act 2015 says:
See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).
Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. The Seller will pay the costs of postage. Please contact the Seller at its address for a return label or to arrange collection.
15. Uploading material to the Site
Uploaded material must not: (i) be defamatory of any person; (ii) contain material which is obscene, discriminatory, offensive, hateful, threatening or inflammatory; (iii) infringe any copyright, database right or trade mark of any other person; (iv) be likely to deceive any person; (v) promote any illegal activity; (vi) be likely to harass, upset, embarrass, alarm or annoy any other person; or (vii) be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
Any material a user uploads to the Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose a user’s identity to any third party who is claiming that any material posted or uploaded by such user constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by users. We have the right to remove any material or posting a user makes on the Site.
16. Viruses, hacking and other offences
You must not misuse our Site or any part of the Service by introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of-service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
If we fail at any time to insist upon strict performance of any of your obligations under these User terms, or if we fail to exercise any of the rights or remedies to which we are entitled under them, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these User terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of these User terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
19. Entire agreement
These User terms and any documents expressly referred to in them constitute the entire agreement between us and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between us, whether written or oral, relating to its subject matter. Each of us agrees that neither we nor you shall have any remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in these User terms or any documents expressly referred to in them. Neither of us shall have any claim for innocent or negligent misrepresentation based upon any statement in these User terms and any documents expressly referred to in them.
20. Force majeure
Where we or a Seller are prevented from or delayed in carrying out obligations under these User terms due to circumstances beyond our or the Seller's reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, inclement weather, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to the Seller's workforce), or restraints or delays affecting carriers or an inability or delay in obtaining supplies of adequate or suitable materials then either our or the Seller's (as the case may be) performance of its obligations shall be postponed for the period of time that the circumstances continue.
21. Rights of Third Parties
No provision of these User terms shall be enforceable by any third party (which includes for these purposes any third party: employee, officer, agent, representative or sub-contractor of either Autofixa or the Seller) under the Contracts (Rights of Third Parties) Act 1999 or otherwise. Nothing in this clause excludes the rights of Autofixa when acting as commercial agent of any Seller.
22. Law and Jurisdiction
Contracts for the purchase of goods or services through our Site shall be governed by English law. Any dispute arising from, or related to, such contracts shall be subject to the exclusive jurisdiction of the courts of England.
Model Cancellation Form
To [TRADER'S NAME, ADDRESS, TELEPHONE NUMBER AND, WHERE AVAILABLE, FAX NUMBER AND E-MAIL ADDRESS TO BE INSERTED BY THE TRADER]
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),