These terms and conditions together with the documents referred to in them (“Terms”) tell you the basis on which we will supply our goods (“Goods”) and services (“Services”) to you. Please read these Terms carefully before ordering any Goods or Services from us. By ordering any of the Goods or Services, you agree to be bound by these Terms.
You may wish to retain a copy of these Terms for future reference or the Terms can be found online at www.alanquine.co.uk (“Website”)
- By placing an order with us, you warrant that:
- you are a Consumer;
- you are at least 18 years old and legally capable of entering into binding contracts;
- the information you provide to us during the process of placing an order for Goods and/or Services is accurate, complete and not misleading.
- GOODS AND SERVICES
- 4.1 All brochures, specifications, drawings, catalogues, particulars, shapes, descriptions and illustrations, application guides and information, price lists and other advertising matter (“Product Information”) are intended only to present a general idea of the Goods and/or Services described in them and the images of the Goods on the website or otherwise are for illustrative purposes only.
- 4.2 We reserve the right to deliver Goods of a modified design to that of the Product Information provided that any difference does not make the Goods unsuitable for any purpose you have made known to us.
- 4.3 The Goods will conform in all material respects to the Product Information and/or any sample provided to and accepted by us. The Goods and/or Services will conform in all material respects with any specification provided to and accepted by us. We reserve the right to amend any design or specification without prior notification provided that it does not adversely affect the performance of the Goods and Services.
- 4.4 We cannot guarantee that the appearance and/or colours of Goods (including without limitation paint) shown on the website or otherwise exactly reproduces the appearance and/or colours of the physical Goods themselves. Natural products may show some colour variations against your vehicle colour (whereby such vehicle colour may have been distorted due to e.g. weather conditions). where we agree to provide a specifically mixed paint product, you agree to check the accuracy and suitability of such product and use in accordance with any manufacturer’s guidance and instructions provided.
- 4.5 Please note that tools used to identify mixed paint products via printed samples or the manufacturer’s identification code or electronically analysed either through the Website and/or in-store (“Colour Identification Tools”) indicate the approximate colour of the product only, and are not representative of other characteristics such as the quality, durability.
- 4.6 We recommend that you apply the mixed paint product (refer to clauses 4.4 and 4.5 above) to a test card or small inconspicuous area of bodywork first in order to compare to the actual surface to be painted, before undertaking your vehicle bodywork, and use in accordance with the manufacturer’s instruction and/or guidance.
- 4.7 All Goods supplied by us are subject to availability. We reserve the right in the event that we cannot supply you with the Goods that you have ordered, to supply you with substitute goods of equivalent or matching quality. In the event that you do not accept such substitute goods, we shall arrange and be responsible for the cost of collecting such substituted goods from you.
- 4.8 We retain all copyright and title to all documentation relating to Goods delivered to you by us. This documentation may only be used for the purposes intended in the Contract and not for any other purpose without our permission. It must be returned on demand.
- 4.9 Technical specifications are approximations unless specifically stated otherwise.
- 4.10 You will not remove, alter, deface, obfuscate or tamper with any of the trademarks, names or numbers affixed to or marked on the Goods nor allow anyone else to do so as appropriate action may be taken by us (or the manufacturer) against you for such infringements.
- 4.11 If the Goods are manufactured in accordance with any design or specification provided or made by you, you will compensate us in full on demand for all claims, expenses and liabilities of any nature in connection with them, including any claim, whether actual or alleged, that the design or specification infringes the rights of any third party.
- 4.12 We prohibit the audio or video recording of on-site professional or technical Services, or training and consultancy without our prior written consent.
- 4.13 Certain Goods are subject to legally prescribed age restriction. If you are placing an order for Goods that by law, we are only permitted to sell to customers who are 18 years of age or older, then by clicking the order confirmation button, you are also confirming to us that you are 18 years of age or older, and you must verify your age to us. You further acknowledge and consent to us taking steps to verify your age by reference to publicly-available third party sources. We reserve the right not to supply age-restricted Goods where we believe that you are below the relevant minimum age.
- 4.14 In addition to the provisions of this clause 4 and in respect of appropriate Goods:
- Our employees, representatives or agents are not authorised to make any representations concerning the Goods or their installation unless confirmed by us in writing. You acknowledge that you do not rely on any representations that have not been confirmed in writing. Nothing in these Terms affects the liability of either party for fraudulent misrepresentation.
- Any advice or recommendation given by our employees, representatives or agents to you or your employees as to the storage, application, use, servicing or maintenance of the Goods which is not confirmed in writing by us is followed or acted upon entirely at your own risk, and we shall not be liable for any such advice or recommendation which is not so confirmed in writing.
- We retain all copyright and title to all documentation relating to Goods delivered to you by us. This documentation may only be used for the purposes intended in any contract between us and you and not for any other purpose without our permission. It must be returned on demand.
- The price(s) of the Goods and Services will be as quoted in our Product Information or any other marketing literature from time to time except in cases of error. The prices may be altered at any time without notification to take into account any increase in our costs (including but not limited to the cost of materials, labour, transport or other overheads, any tax, duty or variation in exchange rates).
- For Goods and/or Services purchased via our Website, the price you pay is the price displayed on this Website at the time we receive your order apart from the following exceptions:
- For Goods reserved online via our click and collect facility or via any other reservation service the price you pay is the price on the day of collection;
- While we try and ensure that all our prices on our Website are accurate, some prices may be incorrectly listed. If we discover an error in the price of the Goods you have ordered, we will inform you as soon as possible and offer you the Goods at the correct price. We are under no obligation to provide Goods or Services to you at an incorrect, lower price, even after we have acknowledged your order or despatched the Goods or started performance of the Services. If we cannot contact you, we will treat the order as cancelled. If payment has been made and you wish to cancel your order, you will receive a full refund of the price paid;
- Please note that the prices payable for Goods and Services in-store may vary from those stated on our Website
- Where there is no error in our pricing as per above or otherwise, the prices that you pay for the Goods and Services will be those ruling (in the case of Goods) at the date of despatch of the Goods or (in the case of Services) our confirmation of the start date of the Services.
- We list prices as inclusive of VAT. All prices are exclusive of any other sales tax or duty that may be applicable which will be payable in addition to the price unless otherwise stated.
- Unless otherwise specified, the delivery costs (if any) will be quoted at the time you place your order for Goods. The entire cost of any other mode of transport or any special deliveries other than the standard delivery service we offer, will be borne by you, as will delivery to locations outside of the United Kingdom.
- No allowance will be credited for Goods collected from our premises by you rather than delivered by us.
- Unless otherwise specified, the price is exclusive of delivery (and return) and installation. The cost of delivery to you (and any return) and carrying out of any Services and installation of the Goods will be wholly borne by you.
- We reserve the right by written notice to you before completion of the Contract to vary the price of the Goods and/or Services to take into account increases in costs including (without limitation) the costs of any materials, carriage, labour or overheads, the increase or imposition of any tax, duty or other levy and any variation in exchange rates.
- The Goods are delivered to you when we make them available to you at a delivery point agreed by us.
- Time of delivery will not be of the essence and any delivery date is an estimate only. We will use all reasonable endeavours to avoid late deliveries. You will have the right to cancel any order without liability to us if delivery is more than 30 days late.
- The quantity of any consignment of Goods as recorded by us upon despatch from our place of business will be conclusive evidence of the quantity received by you on delivery unless you can provide conclusive evidence proving the contrary.
- Our liability for non-delivery of the Goods will be limited to, at our discretion, replacing the Goods within a reasonable time, issuing a credit note at the pro rata Contract rate against any invoice raised for such Goods or a refund of the purchase price paid.
- Any claim that any Goods have been delivered damaged or do not materially comply with their description will be notified by you to us and (where appropriate, to the carrier) within 7 days of their delivery. Provided that you return such Goods to us we will at our sole discretion replace such Goods, issue you with a credit note for the price of such Goods or refund the price paid for such Goods.
- Any claim that any Goods have not been delivered to you by us or our appointed carriers where we claim we have delivered the same to you, or left the Goods in a safe place or delivered the Goods to your neighbour and/or our appointed carriers have obtained a signature for the delivery of the Goods (from any of the above (where applicable), such claim must be notified by you to us within 7 days of their expected delivery. We shall then liaise with our carrier and/or our driver and we may require copies of two forms of personal identification documents from you (such as passport, driving licence, bank card etc.) or any third party. Once we have reviewed all documentary evidence and statements from the relevant drivers we shall then come back to you within a reasonable timescale of our decision (to replace such Goods, issue you with a credit note for the price of such Goods, refund the price paid for such Goods or to not provide any of the aforementioned) which shall be final and binding.
- We may at our discretion deliver the Goods by installments in any sequence. Where the Goods are delivered by installments, no default or failure by us in respect of any one or more installments will vitiate the Contract in respect of the Goods previously delivered or undelivered Goods.
- If you fail to take delivery of the Goods or accept performance of the Services or any part thereof at the time agreed for delivery, then we will be entitled to cancel or suspend such delivery and all other outstanding deliveries and to charge you for the reasonable loss suffered.
- If you fail to take delivery of the Goods or fail to give us adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond your reasonable control or by reason of our fault) then, without limiting any other right or remedy available to us, we may at our absolute discretion:
- store the Goods until actual delivery and charge you for the reasonable costs (including insurance) of the failed delivery and aborted installation costs, storage, re-delivery and installation costs; or
- sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to you for the excess over the price under the Contract or charge you for any shortfall below the price under the Contract.
- For the avoidance of doubt, delivery of Goods shall be deemed to take place upon our or our agent’s arrival at the site specified in the Order or as may have been agreed (“Delivery”).
- We shall not be liable for any delay in Delivery of the Goods howsoever caused and time for Delivery shall not be of the essence of any contract for us.
- The Goods may be delivered by us in advance of the estimated delivery date which shall be confirmed with you (“Advance Date”).
- If for any reason it is not possible for you to accept Delivery on that Advance Date you must notify us immediately in writing upon you receiving confirmation of the Advance Date.
- You will indemnify us for any processing, delivery and return costs incurred by us or and/or our agents if you fail to provide us with appropriate notice and the Goods have been dispatched.
- We may (at our discretion) deliver the Goods in installments in any sequence, in which case each delivery shall constitute a separate contract and failure by us to deliver any one or more of the installments in accordance with these terms or any claim by you in respect of any one or more installments will not vitiate the Contract in respect of the Goods previously delivered or any undelivered Goods nor shall it entitle you to treat the Contract as a whole as repudiated.
Each of our rights or remedies under the Contract is without prejudice to any other right or remedy that we may have whether under the Contract or not.
If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it will to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision will continue in full force and effect.
Failure or delay by us in enforcing or partially enforcing any provision of the Contract will not be construed as a waiver of any of our rights under the Contract.
Any waiver by us of any breach of, or any default under, any provision of the Contract by you will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of the Contract.
Save as for any of our Group of Companies which shall be entitled to enforce for its own benefit any of the provisions in this Contract which expressly or by implication apply to or confer a benefit on it, neither of us intend that any term of this Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
This Contract is personal to the parties and neither party shall assign, transfer, mortgage, charge, subcontract or deal in any other manner with any or all of its rights and obligations under this Contract without the prior written consent of the other party such consent not to be unreasonably withheld or delayed.
Each party confirms it is acting on its own behalf and not for the benefit of any other person.