Zetor Tractor Supplies Terms and Conditions
TERMS AND CONDITIONS
1. GENERAL AND INTERPRETATION
1.1 www.zetorparts.co.uk (the website referred to in these terms and conditions) is operated by McLaren Tractors Limited, a Company registered in Scotland (Company Number SC257013) with a Registered Office at Kintail House, Beechwood, Inverness, IV2 3BW and a place of business at Strathpeffer Road, Dingwall, Ross-shire, IV15 9QF. Our contact email address is email@example.com .Our VAT number is 827854491.
1.2 In these terms and conditions:
(a) McLaren Tractors Limited are referred to as "we" or "us" etc as appropriate
(b) a visitor to or Purchaser of products from this website is referred to as "you".
(c) a Product or Products are a tractor part or parts offered for sale on the website, and/or purchased by you from this website.
(d) Your e-mail address is the e-mail address you provide when you place an order with us.
(e) Your details are the details you provide when you complete the form on the billing and shipping page of the website.
(f) The delivery address is the postal address you provide when you complete the form on the billing and shipping page of the website.
(g) Despatch means our posting or passing a product or products to a courier for delivery to you
(h) Your payment details are the details of your debit or credit card you provide when you complete the form on the payment page of the website
1.3 When you visit the website or send e-mails to us you are communicating with us electronically. We will communicate with you by e-mail or by posting notices on the website. For contractual purposes you consent to receiving communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing. Notices may be sent by you to us by post to Strathpeffer Road, Dingwall, Ross-shire, IV15 9QF or by email to our email address.
2. PLACING AN ORDER WITH US
2.1 Our putting a product on our website is an invitation to accept offers for such product and is not an offer to sell at the listed price. We are under no obligation to accept any order you make. Prices shown on the website are exclusive of VAT.
2.2 When you wish to place an order with us from the website:
(a) browse to the product you wish to purchase, and then click “add to basket.” This will add the product to your shopping basket. You may then continue browsing, and adding further products to your shopping basket. If at any point you wish to remove a product from your shopping basket or amend the quantity of any product in your shopping basket before placing your order, you should click “View basket.” This will take you to the Basket page, where you can view the products in your shopping basket and remove them or amend quantities.
(b) Once you have added all of the products you wish to purchase to the basket, and have checked and removed or amended any unwanted products, you should click “checkout.” This will take you to the checkout page where you will be provided with a summary of the products in your shopping basket.
(c ) If you wish to proceed to place an order with us for the products in your shopping basket, you should click “continue” from the checkout page. This will take you to the billing and shipping page, where you will be asked to provide us with your details including your or your business’s name, email address, and telephone number, and the delivery address for the products. You will also be required to acknowledge that you have read and accept these terms and conditions. The VAT payable and the cost of postage or courier delivery will be confirmed by us on this page.
(d) Once you have provided the information required on the billing and shipping page, you should click “continue.” This will take you to the payment page where you will be asked to provide us with your payment details including details of the credit or debit card from which you are paying for the products.
(e) Once you have provided us with your payment details you should click continue to finalise and place your order. By doing so you are authorising us to process and take payment for your order and the delivery costs using the payment details you provided. You will then be taken to the “receipt” page, which confirms the order details and manner of payment. The confirmation on the receipt page is not an acceptance of your order.
2.3 Your order represents an offer to us to purchase a product or products from us and is only accepted by us when your payment has been successfully processed by us and we send an e-mail to you confirming payment has been received, that we have despatched that product or products to you, and these terms of the contract. At that point we will have entered into a contract to sell the product or products to you, and you will have entered into a contract to buy the product or products from us. Any products on the same order which we have not confirmed in that e-mail do not form part of that contract.
2.4 We will process payment for the order and the delivery costs using the payment details you have provided. If your payment fails your order will be cancelled and we will have no obligation to fulfil your order or any part of it, and no liability to you whatsoever.
2.5 Any order you make is subject to availability of the products ordered. If a product becomes unavailable after receipt of your order but prior to despatch we will notify you and give you the option of cancelling the order, or of awaiting the product becoming available again. If payment has been made for the product and you decide to cancel the order we will issue a refund within 30 days of your notice of cancellation.
2.6 In the event a product you order was listed at an incorrect price on this website or if the price of a product changes between you placing your order and our despatch of the product;
(a) If the correct or new price is greater, we will e-mail you to advise of this before despatch of the product, and give you the option of either purchasing the product at the correct or new price or cancelling your order for the product. If you give us notice within 7 days of our e-mail that you wish to cancel the order for the product, any payment made by you will be refunded by us within 30 working days of your notice. If you do not give such notice, we shall process payment at the correct or new price under and thereafter deliver the product to you; or
(b) If the correct or new price is less, we shall process payment at the correct or new price and thereafter deliver the product to you and refund the overpayment within 30 working days.
3.1 Products will be delivered by First Class Registered Post or Courier to the delivery address. We reserve the right not to make delivery to delivery addresses outside the United Kingdom. The method and cost of delivery is specified by us on the billing and shipping page before you place your order. Except where you are a consumer, products are deemed to be delivered by us to you once we have despatched them.
3.2 The risk in products passes to you when the products are despatched by us.
4. CONSUMER’S RIGHT TO CANCEL AN ORDER
4.1 Clauses 4.2 to 4.4 shall apply only if you are a consumer.
4.2 You have the right to cancel the contract at any time up to seven working days after you receive the product by notifying us by e-mail to the e-mail address provided.
4.3 If you cancel the contract under 4.1 after the product has been delivered to you, you will return the product to us at Strathpeffer Road, Dingwall, Ross-shire, IV15 9QF at your own cost and risk. If you cancel the contract after our confirmation of delivery but before the product has been delivered to you and you then receive the product, you must not unpack the product from its packaging but must immediately send it back to us. In any event you must return the product to us within seven working days of notifying us of cancellation under 4.1 or of receiving them if later. You shall be responsible for the return of the product to us and all costs associated with the return of the product to us.
4.4 Until you return the products to us you must keep them in your possession and take reasonable steps to ensure they are not damaged. If we receive the product within the specified period in the same condition as when they were sent to you then we will refund you the purchase price within 30 days of your notice of cancellation in terms of 4.2.
5. CANCELLATION OF ORDERS
5.1 Except as otherwise provided for in these terms and conditions, you may only cancel an order before despatch and by agreement with us. Such cancellation may be subject at our discretion to a cancellation charge of 10 percent of the price of the order. If a cancellation charge applies you authorise us to take payment of the cancellation charge using the payment details you provided.
6. EXAMINATION AND RETURN OF DELIVERED PRODUCTS
6.1 On delivery of product or products to you, you will have 5 working days to examine the product or products, and notify us of any defects. Should you fail to give us notice of any defects within this period we shall have no liability whatsoever in respect of any defects in the product or products.
6.2 Any products returned to us as defective will be checked and verified by us. Any returned products found not to be defective will be returned by us to you and we will charge you for the our return delivery costs using the payment details or retain the product until full payment has been received by us for our return delivery costs.
6.3 If you return a product to us as defective and we verify the product is defective, we will either replace the product or refund the price you paid for the product to you together with your reasonable costs for return of the product to us. If you are a consumer this does not affect your statutory rights.
7. OUR USE OF YOUR DETAILS AND YOUR PAYMENT DETAILS
7.1 We will only use your details and your payment details for the purpose of fulfilling the order you made. We will only store your details and your payment details for as long as we require to do so for this purpose, or to the extent we require to do so in respect of any legal obligations we have or for the purposes of the proper running of our business.
7.2 You authorise us and the operators of our payment collection system, Streamline, PO Box 600, Central House, Harrogate HG3 1XG, (http://www.streamline.com) a system provided by the Royal Bank of Scotland, to process payment using your payment details for the products or for any other reason provided for in these terms and conditions.
7.3 You may add your email address to our mailing list by clicking on “mailing list.” You do not require to make a purchase from us to add your email address. If you so add your email address, you authorise us to store your email address and to use it to send you promotional information or details of offers we believe you may be interested in. You may at any time require us to remove your email address from our mailing list by sending us a notice to that effect.
7.4 Except as provided above we will not in any way store or process the information you provide us, and we will not pass any information you provide us to any other party.
8. LIMITATION OF OUR LIABILITY
8.1 Whilst we have taken all reasonable steps to ensure the accuracy and completeness of the information on this website it is provided on an "as is" basis and no warranty or representation is made regarding the accuracy or completeness of the content of this website. No warranty is given that the website shall be available on an uninterrupted basis and no liability can be accepted in respect of losses or damages arising out of such unavailability.
8.2 Access to use of this website is at your own risk. It is not warranted by us that the use of this website, or any material downloaded from it, will not cause damage to any property (including without prejudice to that generality damage to your computer system or loss of data in your computer system or virus infection). We recommend that you take all appropriate safeguards before downloading information or images from this website.
8.3 You are responsible for satisfying yourself that any product you purchase is a suitable product for the purpose of your purchase, and we give no advice or warranty in that respect.
8.4 Any contract we have with you is for the sale of products only, and we have no liability whatsoever for any loss, injury or damage caused by the defective installation of any product sold by us to you.
8.5 We shall not be liable to you for any loss of profit or loss of anticipated revenue or loss of business or any consequential or indirect financial loss whatsoever.
8.6 In any event, our liability in respect of all causes of action arising out of, or in connection with, a product purchased by you from our website shall not exceed an amount equal to the price you paid us for the product.
8.7 Notwithstanding anything in these terms and conditions we do not exclude liability for personal injury and death caused by our negligence.
8.8 Except for any warranties expressly set out in these terms and conditions, any warranties, conditions or representations, whether implied by statute or otherwise, shall be excluded to the fullest extent permitted by law.
9. LINKS TO THIS WEBSITE
9.1 You are not permitted (nor will you assist others) to set up links from your own websites to this website by any manner whatsoever without our prior written consent.
10. ENTIRE AGREEMENT
10.1 These terms and conditions represent the entire contract relating to your order and your use of the site and supersede all other statements, representations or warranties whether written, made by e-mail, or orally by us. Nothing in these Terms and Conditions shall affect the liability of either party in respect of any misrepresentation, warranty or condition that it makes fraudulently. Any rights not expressly granted in these Terms and Conditions are reserved by us.
11. FORCE MAJEURE
11.1 We shall not be liable to you for any delay in or failure of performance of our obligations under these terms and conditions arising for any cause beyond our reasonable control, including any of the following: act of god, Governmental Act, war, fire, flood, explosion or civil commotion, failure in information technology or telecommunication services, failure of a third party and industrial action.
12.1 We may vary these terms and conditions in relation to future sales from time to time by publishing new terms and conditions on this website. You will be subject to the terms and conditions in force at the time you order the goods from us. Any part of the terms and conditions is deemed invalid, void or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining conditions.
13. LAW AND JURISDICTION
13.1 This contract will be governed by and construed in accordance with the laws of Scotland. Disputes arising in relation to the website or products purchased from the website shall be subject to the non-exclusive jurisdiction of the Sheriff Court at Inverness.