Terms and conditions
1. THESE TERMS AND CONDITIONS
1.1 WHAT THESE TERMS AND CONDITIONS COVER. THESE ARE THE TERMS AND CONDITIONS ON WHICH WE SUPPLY PRODUCTS AND SERVICES TO YOU, WHETHER THESE ARE VEHICLES, VEHICLE MODIFICATION, SERVICE, REPAIRS, MAINTENANCE, VEHICLE PARTS, MERCHANDISE OR ANY RELATED SERVICES.
1.2 WHY YOU SHOULD READ THEM. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE YOU SUBMIT YOUR ORDER TO US. THESE TERMS AND CONDITIONS TELL YOU HOW WE WILL PROVIDE PRODUCTS AND SERVICES, HOW WE WILL INVOICE YOU, HOW YOU AND WE MAY CHANGE OR END THE CONTRACT, WHAT TO DO IF THERE IS A PROBLEM AND OTHER IMPORTANT INFORMATION.
2. INTERPRETATION
2.1 DEFINITIONS. IN THESE CONDITIONS, THE FOLLOWING DEFINITIONS APPLY:
“BUSINESS DAY MEANS A DAY OTHER THAN A SATURDAY, SUNDAY OR PUBLIC HOLIDAY IN ENGLAND WHEN BANKS IN LONDON ARE OPEN FOR BUSINESS;
“CONDITIONS” MEANS THESE TERMS AND CONDITIONS AS AMENDED FROM TIME TO TIME;
“CONTRACT” MEANS THE CONTRACT BETWEEN US AND YOU FOR THE SUPPLY OF GOODS AND / OR SERVICES IN ACCORDANCE WITH THESE CONDITIONS;
“DISTANCE” MEANS AN ORDER FOR GOODS OR SERVICES MADE ONLINE, BY MAIL ORDER OR OVER THE TELEPHONE;
“GOODS” MEANS THE MERCHANDISE, VEHICLE PART(S), AND/OR VEHICLE(S) TO BE SUPPLIED BY US AS SET OUT IN THE RELEVANT ORDER;
“GOODS SPECIFICATION” MEANS ANY SPECIFICATION FOR GOODS PROVIDED IN WRITING BY US TO YOU INCLUDING, WITHOUT LIMITATION, IN QUOTATIONS, ORDERS AND EMAILS;
“OUR“, “US“, “WE”, “TWISTED” ” MEANS TWISTED AUTOMOTIVE LIMITED REGISTERED IN ENGLAND AND WALES WITH COMPANY NUMBER 14997869 WHOSE REGISTERED OFFICE IS AT UNITS 1 & 2 SUSSEX COURT, THIRSK INDUSTRIAL ESTATE, THIRSK, NORTH YORKSHIRE Y07 3TA OR SUCH OTHER COMPANY WITHIN THE TWISTED GROUP OF COMPANIES AS MAY BE SPECIFIED IN THE RELEVANT ORDER;
“ORDER” MEANS HE ORDER(S) PLACED BY YOU FOR OUR GOOD AND / OR SERVICES;
“SERVICES” MEANS THE VEHICLE MODIFICATION, RESTORATION, MAINTENANCE AND OTHER RELATED SERVICES TO BE SUPPLIED BY US TO YOU AS SET OUT IN THE SERVICE SPECIFICATION OR RELEVANT ORDER;
“SERVICE SPECIFICATION” MEANS THE DESCRIPTION OR SPECIFICATION FOR THE SERVICES PROVIDED IN WRITING BY US TO YOU INCLUDING, WITHOUT LIMITATION, IN QUOTATIONS, ORDERS AND EMAILS;
“YOU“, “YOUR” MEANS THE PERSON OR FIRM OR COMPANY WHO PURCHASES THE GOODS AND/OR SERVICES FROM US.
2.2 INTERPRETATION. IN THESE CONDITIONS, THE FOLLOWING RULES APPLY:
(A) A PERSON INCLUDES A NATURAL PERSON, CORPORATE OR UNINCORPORATED BODY;
(B) A REFERENCE TO A PARTY INCLUDES ITS PERSONAL REPRESENTATIVES, SUCCESSORS AND PERMITTED ASSIGNS;
(C) ANY PHRASE INTRODUCED BY THE TERMS INCLUDING, INCLUDE, IN PARTICULAR OR ANY SIMILAR EXPRESSION SHALL BE CONSTRUED AS ILLUSTRATIVE AND SHALL NOT LIMIT THE SENSE OF THE WORDS PRECEDING THOSE TERMS; AND
(D) A REFERENCE TO WRITING OR WRITTEN INCLUDES E-MAILS.
3. CONTACT BETWEEN YOU AND US
3.1 HOW TO CONTACT US. YOU CAN CONTACT US BY USING OUR DETAILS AS SET OUT IN THE RELEVANT ORDER.
3.2 HOW WE MAY CONTACT YOU. IF WE HAVE TO CONTACT YOU WE WILL DO SO BY TELEPHONE OR BY WRITING TO YOU AT THE EMAIL OR POSTAL ADDRESS YOU PROVIDED TO US WHEN AGREEING YOUR ORDER.
4. OUR CONTRACT WITH YOU
4.1 HOW WE WILL ACCEPT YOUR ORDER. WE WILL CONTACT YOU AND INFORM YOU IF WE ACCEPT YOUR ORDER WHEN YOU SIGN OR SUBMIT AN ORDER FORM AND ANY REQUIRED DEPOSIT IS RECEIVED INTO OUR BANK ACCOUNT IN FULL, AT WHICH POINT A CONTRACT WILL COME INTO EXISTENCE BETWEEN YOU AND US.
4.2 IF WE CANNOT ACCEPT YOUR ORDER. IF WE ARE UNABLE TO ACCEPT YOUR ORDER, WE WILL INFORM YOU OF THIS AND WILL NOT CHARGE YOU FOR THE GOODS OR SERVICES. THIS MIGHT BE BECAUSE THE GOODS ARE OUT OF STOCK, BECAUSE OF UNEXPECTED LIMITS ON OUR RESOURCES, BECAUSE WE HAVE IDENTIFIED AN ERROR IN THE PRICE OR DESCRIPTION OF THE GOODS OR SERVICES OR BECAUSE WE ARE UNABLE TO MEET A DELIVERY DEADLINE YOU HAVE SPECIFIED. IN SUCH CIRCUMSTANCES, WE WILL LET YOU KNOW PROMPTLY AND REFUND ANY SUMS YOU HAVE PAID.
4.3 QUOTATIONS. ANY QUOTATION PROVIDED BY US SHALL NOT CONSTITUTE AN OFFER AND IS ONLY VALID FOR A PERIOD OF 21 BUSINESS DAYS FROM ITS DATE OF ISSUE.
5. OUR GOODS
5.1 GOODS MAY VARY SLIGHTLY FROM THEIR PICTURES. THE IMAGES OF GOODS ON OUR WEBSITE AND ADVERTISING MATERIALS ARE FOR ILLUSTRATIVE PURPOSES ONLY. ALTHOUGH WE HAVE MADE EVERY REASONABLE EFFORT TO DISPLAY THE COLOURS ACCURATELY, A PRODUCT’S TRUE COLOUR OR ITS PACKAGING MAY BE SLIGHTLY DIFFERENT.
5.2 NEW VEHICLES. WHERE AN ORDER IS AGREED WITH YOU WHICH INCLUDES US SUPPLYING A NEW OR DONOR VEHICLE TO YOU, THIS IS DONE UNDER THE EXPRESS CONDITION THAT VEHICLE MODIFICATION WORK MUST ALSO BE CARRIED OUT TO THAT VEHICLE BEFORE IT WILL BE RELEASED TO YOU. WE DO NOT SUPPLY UNMODIFIED NEW OR DONOR VEHICLES TO CUSTOMERS UNDER ANY CIRCUMSTANCES. ORDERS FOR SUCH VEHICLES MAY NOT BE CANCELLED ONCE YOU HAVE PAID FOR THE VEHICLE AND IT ARRIVES WITH US. IF, ON ARRIVAL OF THE VEHICLE AT OUR FACILITIES, YOU WISH TO DELAY THE MODIFICATION WORK TO YOUR VEHICLE THEN WE SHALL STORE THE VEHICLE UNTIL THE VEHICLE MODIFICATION SERVICES ARE PAID FOR BY YOU AND UNDERTAKEN BY US; YOU WILL BE CHARGED FOR ALL RELATED COSTS AND EXPENSES ASSOCIATED WITH THIS STORAGE (INCLUDING INSURANCE AND THE COSTS OF MOVING AND MAINTAINING YOUR VEHICLE).
6. CHANGES TO ORDERS
IF YOU WISH TO MAKE A CHANGE TO THE GOODS AND/OR SERVICES YOU HAVE ORDERED PLEASE CONTACT US. WE WILL LET YOU KNOW IF THE CHANGE IS POSSIBLE AND IF SO, WE WILL LET YOU KNOW ABOUT ANY ALTERATIONS TO PRICING, TIMING OF SUPPLY OR OTHER CHANGES. WE WILL ALSO ASK WHETHER YOU WISH TO GO AHEAD WITH THE CHANGE.
7. PROVIDING THE GOODS AND SERVICES
7.1 CHANGES TO THE GOODS AND SERVICES. WE MAY CHANGE THE GOODS AND SERVICES OR SUSPEND SUPPLY:
(A) TO REFLECT CHANGES IN RELEVANT LAWS AND REGULATORY REQUIREMENTS; AND
(B) TO IMPLEMENT TECHNICAL ADJUSTMENTS AND IMPROVEMENTS.
7.2 WHEN WE WILL PROVIDE THE GOODS AND SERVICES
(A) IF YOU ORDER GOODS. WE WILL PROVIDE YOU WITH AN ESTIMATED DELIVERY DATE FOR THE GOODS.
(B) IF YOU ORDER SERVICES. WE WILL BEGIN THE SERVICES ON THE DATE AGREED WITH YOU WHEN YOUR ORDER WAS SIGNED AND SUBJECT TO THE PAYMENT OF ANY DEPOSITS AND/OR INTERIM PAYMENTS. WE WILL ALSO PROVIDE YOU WITH AN ESTIMATED COMPLETION DATE FOR THE SERVICES.
7.3 WE ARE NOT RESPONSIBLE FOR DELAYS OUTSIDE OUR CONTROL. IF OUR SUPPLY OF THE GOODS AND/OR SERVICES IS DELAYED BY AN EVENT OUTSIDE OUR REASONABLE CONTROL THEN WE WILL CONTACT YOU PROMPTLY TO LET YOU KNOW AND WE WILL TAKE REASONABLE STEPS TO MINIMISE THE EFFECT OF THE DELAY. PROVIDED WE DO THIS WE WILL NOT BE LIABLE FOR DELAYS CAUSED BY THE EVENT, BUT IF THERE IS A RISK OF SUBSTANTIAL DELAY YOU MAY CONTACT US TO END THE CONTRACT AND RECEIVE A REFUND FOR ANY GOODS AND/OR SERVICE YOU HAVE PAID FOR BUT NOT YET RECEIVED.
7.4 COLLECTION BY YOU. IF WE HAVE AGREED YOU WILL COLLECT THE GOODS FROM OUR PREMISES, YOU CAN COLLECT THEM FROM US ON A BUSINESS DAY DURING STANDARD WORKING HOURS.
7.5 IF YOU ARE NOT AT HOME WHEN THE GOODS ARE DELIVERED. IF NOBODY IS AVAILABLE AT YOUR ADDRESS TO TAKE DELIVERY AND THE GOODS CANNOT BE POSTED THROUGH YOUR LETTERBOX, YOU ARE RESPONSIBLE FOR RESCHEDULING DELIVERY.
7.6 IF YOU DO NOT RE-ARRANGE DELIVERY. IF YOU DO NOT COLLECT THE GOODS FROM US AS ARRANGED OR IF, AFTER A FAILED DELIVERY TO YOU, YOU DO NOT RE-ARRANGE DELIVERY OR COLLECT THEM FROM A DELIVERY DEPOT WE WILL CONTACT YOU FOR FURTHER INSTRUCTIONS AND MAY CHARGE YOU FOR STORAGE COSTS AND ANY FURTHER DELIVERY COSTS. IF, DESPITE OUR REASONABLE EFFORTS, WE ARE UNABLE TO CONTACT YOU OR RE-ARRANGE DELIVERY OR COLLECTION WE MAY END THE CONTRACT IN ACCORDANCE WITH THESE CONDITIONS.
7.7 WHEN YOU BECOME RESPONSIBLE FOR THE GOODS. THE GOODS WILL BE YOUR RESPONSIBILITY FROM THE TIME WE DELIVER THE GOODS TO THE ADDRESS YOU GAVE US OR YOU COLLECT THEM FROM US.
7.8 WHEN YOU OWN GOODS. YOU OWN GOODS ONCE WE HAVE RECEIVED PAYMENT IN FULL.
7.9 WHAT WILL HAPPEN IF YOU DO NOT GIVE REQUIRED INFORMATION TO US? WE MAY NEED CERTAIN INFORMATION FROM YOU SO THAT WE CAN SUPPLY THE GOODS AND/OR SERVICES TO YOU. WE WILL CONTACT YOU TO ASK FOR THIS INFORMATION. IF YOU DO NOT GIVE US THIS INFORMATION WITHIN A REASONABLE TIME OF US ASKING FOR IT, OR IF YOU GIVE US INCOMPLETE OR INCORRECT INFORMATION, THEN WE MIGHT NOT BE ABLE TO DELIVER THE GOODS OR SERVICES (PARTICULARLY IF WE CANNOT SCHEDULE YOUR VEHICLE INTO OUR WORKSHOP BECAUSE YOU HAVE NOT FINALISED A VEHICLE SPECIFICATION). WHERE THIS HAPPENS WE MAY MAKE AN ADDITIONAL CHARGE OF A REASONABLE SUM TO COMPENSATE US FOR ANY EXTRA WORK THAT IS REQUIRED AS A RESULT. WE WILL NOT BE RESPONSIBLE FOR SUPPLYING THE GOODS AND/OR SERVICES LATE OR NOT SUPPLYING ANY PART OF THEM IF THIS IS CAUSED BY YOU NOT GIVING US THE INFORMATION WE NEED WITHIN A REASONABLE TIME OF US ASKING FOR IT.
7.10 WE MAY ALSO SUSPEND SUPPLY OF THE GOODS AND/OR SERVICES IF YOU DO NOT PAY. IF YOU DO NOT PAY US FOR THE GOODS AND/OR SERVICES WHEN YOU ARE REQUIRED TO IN ACCORDANCE WITH THESE CONDITIONS WE MAY SUSPEND SUPPLY OF THE GOODS AND/OR SERVICES UNTIL YOU HAVE PAID US THE OUTSTANDING AMOUNTS. WE WILL CONTACT YOU TO TELL YOU WE ARE SUSPENDING SUPPLY OF THE GOODS AND/OR SERVICES AND IF THIS REQUIRES US TO STORE YOUR VEHICLE/GOODS THEN WE RESERVE THE RIGHT TO CHARGE YOU REASONABLE STORAGE COSTS. SUSPENSION MIGHT MEAN THAT YOUR ALLOCATED TIME IN OUR FACILITIES IS MISSED AND COULD RESULT IN A DELAY IN COMPLETING OUR SERVICES FOR WHICH WE WILL NOT BE RESPONSIBLE. AS WELL AS SUSPENDING THE GOODS AND/OR SERVICES WE CAN ALSO CHARGE YOU INTEREST ON YOUR OVERDUE PAYMENTS.
8. YOUR RIGHTS TO END THE CONTRACT
8.1 YOUR RIGHTS TO END YOUR CONTRACT WITH US. YOUR RIGHTS TO END THE CONTRACT WILL DEPEND ON WHAT YOU HAVE BOUGHT, WHETHER THERE IS ANYTHING WRONG WITH IT, HOW WE ARE PERFORMING AND WHEN YOU DECIDE TO END THE CONTRACT:
(A) IF WHAT YOU HAVE BOUGHT IS FAULTY OR MIS-DESCRIBED YOU MAY HAVE A LEGAL RIGHT TO END THE CONTRACT (OR TO GET THE GOODS REPAIRED OR REPLACED OR THE SERVICES RE-PERFORMED OR TO GET SOME OR ALL OF YOUR MONEY BACK);
(B) IF YOU WANT TO END THE CONTRACT BECAUSE OF SOMETHING WE HAVE DONE OR HAVE TOLD YOU WE ARE GOING TO DO;
(C) IF YOU PURCHASE THE GOODS AND/OR SERVICES AT A DISTANCE AND HAVE JUST CHANGED YOUR MIND ABOUT THE GOODS AND/OR SERVICES. YOU MAY BE ABLE TO GET A REFUND IF YOU ARE WITHIN THE COOLING-OFF PERIOD (SEE CONDITION 8.4), BUT THIS MAY BE SUBJECT TO DEDUCTIONS AND YOU WILL HAVE TO PAY THE COST OF RETURN OF ANY GOODS;
8.2 ENDING THE CONTRACT BECAUSE OF SOMETHING WE HAVE DONE OR ARE GOING TO DO. IF YOU ARE ENDING A CONTRACT FOR A REASON SET OUT AT (A) TO (D) BELOW THE CONTRACT WILL END IMMEDIATELY AND WE WILL REFUND YOU IN FULL FOR ANY GOODS AND/OR SERVICES WHICH HAVE NOT YET BEEN PROVIDED. THE REASONS ARE:
(A) WE HAVE TOLD YOU ABOUT AN ERROR IN THE PRICE OR DESCRIPTION OF THE GOODS AND/OR SERVICES YOU HAVE ORDERED AND YOU DO NOT WISH TO PROCEED;
(B) THERE IS A RISK THAT SUPPLY OF THE GOODS AND/OR SERVICES MAY BE SIGNIFICANTLY DELAYED BECAUSE OF EVENTS OUTSIDE OUR CONTROL;
(C) WE HAVE SUSPENDED SUPPLY OF THE GOODS AND/OR SERVICES FOR TECHNICAL REASONS, OR NOTIFY YOU WE ARE GOING TO SUSPEND THEM FOR TECHNICAL REASONS, IN EACH CASE FOR A PERIOD OF MORE THAN 3 MONTHS; OR
(D) YOU HAVE A LEGAL RIGHT TO END THE CONTRACT BECAUSE OF SOMETHING WE HAVE DONE WRONG.
8.3 WHEN YOU DON’T HAVE THE RIGHT TO CHANGE YOUR MIND. YOU DO NOT HAVE A RIGHT TO CHANGE YOUR MIND IN RESPECT OF:
(A) GOODS MADE TO YOUR SPECIFICATIONS OR OTHERWISE PERSONALISED FOR YOU;
(B) GOODS, SPECIFICALLY A NEW OR DONOR VEHICLE, BOUGHT THROUGH US AND PAID FOR BY YOU AND DELIVERED TO OUR FACILITIES, WHERE YOU TELL US THAT YOU DO NOT WANT THE AGREED MODIFICATION WORK ON THAT VEHICLE TO BE UNDERTAKEN;
(C) SERVICES, ONCE THESE HAVE BEEN COMPLETED, EVEN IF THE CANCELLATION PERIOD IS STILL RUNNING.
8.4 HOW LONG DO I HAVE TO CHANGE MY MIND WHERE I HAVE ORDERED GOODS AND/OR SERVICES AT A DISTANCE? HOW LONG YOU HAVE DEPENDS ON WHAT YOU HAVE ORDERED AND HOW IT IS DELIVERED.
(A) HAVE YOU BOUGHT SERVICES AT A DISTANCE? IF SO, YOU HAVE 14 DAYS AFTER THE DAY WE ACCEPT YOUR ORDER WHICH IS MADE AT A DISTANCE. HOWEVER, ONCE WE HAVE COMPLETED THE SERVICES YOU CANNOT CHANGE YOUR MIND, EVEN IF THE PERIOD IS STILL RUNNING. IF YOU CANCEL AFTER WE HAVE STARTED THE SERVICES, YOU MUST PAY US FOR THE SERVICES PROVIDED UP UNTIL THE TIME YOU TELL US THAT YOU HAVE CHANGED YOUR MIND.
(B) HAVE YOU BOUGHT GOODS AT A DISTANCE? ? IF SO, YOU HAVE 14 DAYS AFTER THE DAY YOU (OR SOMEONE YOU NOMINATE) RECEIVES THE GOODS OR IN THE CASE OF AN ORDER FOR GOODS SPLIT INTO SEVERAL DELIVERIES THE DATE OF FINAL DELIVERY.
9. HOW TO END THE CONTRACT WITH US
9.1 TELL US YOU WANT TO END THE CONTRACT. TO END THE CONTRACT WITH US, PLEASE LET US KNOW BY DOING CONTACTING US BY PHONE, EMAIL OR POST USING THE DETAILS ON THE ORDER.
9.2 RETURNING GOODS AFTER ENDING THE CONTRACT. IF YOU END THE CONTRACT FOR ANY REASON AFTER GOODS HAVE BEEN DISPATCHED TO YOU OR YOU HAVE RECEIVED THEM, YOU MUST RETURN THEM TO US. IF YOU ARE EXERCISING YOUR RIGHT TO CHANGE YOUR MIND YOU MUST SEND OFF OR RETURN THE GOODS WITHIN 14 DAYS OF TELLING US YOU WISH TO END THE CONTRACT.
9.3 WHEN WE WILL PAY THE COSTS OF RETURN OF GOODS. WE WILL PAY THE COSTS OF RETURN:
(A) IF THE GOODS ARE FAULTY OR MIS-DESCRIBED;
(B) IF YOU ARE ENDING THE CONTRACT BECAUSE WE HAVE TOLD YOU OF AN UPCOMING CHANGE TO THE GOODS AND/OR SERVICES, AN ERROR IN PRICING OR DESCRIPTION, A DELAY IN DELIVERY DUE TO EVENTS OUTSIDE OUR CONTROL OR BECAUSE YOU HAVE A LEGAL RIGHT TO DO SO AS A RESULT OF SOMETHING WE HAVE DONE WRONG.
IN ALL OTHER CIRCUMSTANCES YOU MUST PAY THE COSTS OF RETURN.
9.4 WHAT WE CHARGE FOR COLLECTION. IF YOU ARE RESPONSIBLE FOR THE COSTS OF RETURN AND WE ARE COLLECTING THE GOODS FROM YOU, WE WILL CHARGE YOU THE DIRECT COST TO US OF COLLECTION.
9.5 HOW WE WILL REFUND YOU. WE WILL REFUND YOU THE PRICE YOU PAID FOR THE GOODS AND/OR SERVICES INCLUDING DELIVERY COSTS, USUALLY BY THE METHOD YOU USED FOR PAYMENT. HOWEVER, WE MAY MAKE DEDUCTIONS FROM THE PRICE, AS DESCRIBED BELOW.
9.6 DEDUCTIONS FROM REFUNDS. IF YOU ARE EXERCISING YOUR RIGHT TO CHANGE YOUR MIND:
(A) WE MAY REDUCE YOUR REFUND OF THE PRICE (EXCLUDING DELIVERY COSTS) TO REFLECT ANY REDUCTION IN THE VALUE OF THE GOODS, IF THIS HAS BEEN CAUSED BY YOUR USE OR HANDLING THEM.
(B) THE MAXIMUM REFUND FOR DELIVERY COSTS WILL BE THE COSTS OF DELIVERY BY THE LEAST EXPENSIVE DELIVERY METHOD WE OFFER.
(C) WHERE THE PRODUCT IS A SERVICE, WE MAY DEDUCT FROM ANY REFUND AN AMOUNT FOR THE SUPPLY OF THE SERVICE FOR THE PERIOD FOR WHICH IT WAS SUPPLIED, ENDING WITH THE TIME WHEN YOU TOLD US YOU HAD CHANGED YOUR MIND.
9.7 WHEN YOUR REFUND WILL BE MADE. WE WILL MAKE ANY REFUNDS DUE TO YOU AS SOON AS REASONABLY POSSIBLE.
10. OUR RIGHTS TO END THE CONTRACT
10.1 WE MAY END THE CONTRACT IF YOU BREAK IT. WE MAY END THE CONTRACT FOR THE GOODS AND/OR SERVICES 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 7 DAYS OF US REMINDING YOU THAT PAYMENT IS DUE;
(B) YOU DO NOT, WITHIN A REASONABLE TIME OF US ASKING FOR IT, PROVIDE US WITH INFORMATION THAT IS NECESSARY FOR US TO PROVIDE THE GOODS AND/OR SERVICES;
(C) YOU DO NOT, WITHIN A REASONABLE TIME, ALLOW US TO DELIVER THE GOODS TO YOU OR COLLECT THEM FROM US; OR
(D) YOU DO NOT, WITHIN A REASONABLE TIME, ALLOW US ACCESS TO YOUR VEHICLE TO SUPPLY THE SERVICES.
10.2 YOU MUST COMPENSATE US IF YOU BREAK THE CONTRACT. IF WE END THE CONTRACT IN THE SITUATIONS SET OUT IN THESE CONDITIONS WE WILL REFUND ANY MONEY YOU HAVE PAID IN ADVANCE FOR GOODS AND/OR SERVICES WE HAVE NOT YET PROVIDED BUT WE MAY DEDUCT OR CHARGE YOU REASONABLE COMPENSATION FOR THE COSTS WE WILL OR HAVE INCURRED AS A RESULT OF YOUR BREAKING THE CONTRACT. WHERE YOU HAVE ORDERED A VEHICLE FROM US AND IT HAS NOT BEEN RELEASED TO YOU BY US, WE MAY SELL THE VEHICLE ON YOUR BEHALF AT A REASONABLE MARKET RATE AND DEDUCT ANY SUMS DUE TO US UNDER THIS CONDITION.
11. IF THERE IS A PROBLEM WITH THE GOODS AND/OR SERVICES
11.1 HOW TO TELL US ABOUT PROBLEMS. IF YOU HAVE ANY QUESTIONS OR COMPLAINTS ABOUT THE GOODS AND/OR SERVICES, PLEASE CONTACT US USING THE DETAILS SET OUT IN YOUR ORDER
11.2 SUMMARY OF YOUR LEGAL RIGHTS. WE ARE UNDER A LEGAL DUTY TO SUPPLY GOODS AND/OR SERVICES THAT ARE IN CONFORMITY WITH THE CONTRACT. NOTHING IN THESE CONDITIONS WILL AFFECT YOUR LEGAL RIGHTS.
11.3 IF A SERIOUS FAULT WITH A VEHICLE SUPPLIED BY US ARISES WITHIN 30 DAYS OF BUYING A VEHICLE YOU MAY BE ENTITLED TO RETURN THE VEHICLE AND OBTAIN A FULL REFUND.
12. PRICE AND PAYMENT
12.1 WHERE TO FIND THE PRICE FOR GOODS AND/OR SERVICES. THE PRICE OF THE PRODUCT (WHICH INCLUDES VAT WHERE APPLICABLE) WILL BE THE PRICE INDICATED ON THE ORDER PAGES OF OUR WEBSITE WHEN YOU PLACED YOUR ORDER OR AS OTHERWISE NOTIFIED TO YOU ON A QUOTATION OR SET OUT IN THE ORDER. WE TAKE ALL REASONABLE CARE TO ENSURE THAT THE PRICE OF THE PRODUCT ADVISED TO YOU IS CORRECT.
12.2 CHANGES IN TAX RATES. IF THE RATE OF VAT OR OTHER APPLICABLE TAXES CHANGE BETWEEN YOUR ORDER DATE AND THE DATE WE SUPPLY THE PRODUCT, WE ADJUST THE RATE OF VAT OR APPLICABLE TAX THAT YOU PAY, UNLESS YOU HAVE ALREADY PAID IN FULL BEFORE THE CHANGE IN THE RATE OF VAT OR APPLICABLE TAX TAKES EFFECT.
12.3 WHAT HAPPENS IF WE GOT THE PRICE WRONG. IT IS ALWAYS POSSIBLE THAT, DESPITE OUR REASONABLE EFFORTS, SOME OF THE GOODS AND/OR SERVICES WE SUPPLY MAY BE INCORRECTLY PRICED. IF WE ACCEPT AND PROCESS YOUR ORDER WHERE A PRICING ERROR IS OBVIOUS AND UNMISTAKABLE AND COULD REASONABLY HAVE BEEN RECOGNISED BY YOU AS A MIS-PRICING, WE MAY END THE CONTRACT, REFUND YOU ANY SUMS YOU HAVE PAID AND REQUIRE THE RETURN OF ANY GOODS PROVIDED TO YOU.
12.4 WHEN YOU MUST PAY AND HOW YOU MUST PAY. WE REQUIRE CLEARED FUNDS BEFORE WE WILL RELEASE ANY GOODS OR COMPLETED SERVICES TO YOU. PLEASE NOTE THAT CHEQUES AND SOME CREDIT CARD PAYMENTS TAKE SEVERAL DAYS TO CLEAR INTO OUR ACCOUNT; IT IS YOUR RESPONSIBILITY TO ALLOW SUFFICIENT TIME FOR YOUR PAYMENT TO CLEAR BEFORE YOU CAN TAKE YOUR GOODS/SERVICES FROM US. WHEN YOU MUST PAY DEPENDS ON WHAT GOODS AND/OR SERVICES YOU ARE BUYING AS FOLLOWS:
TYPE OF GOODS OR SERVICE | PAYMENT PROCESS |
GOODS OTHER THAN VEHICLES | WE INVOICE WHEN WE HAVE AGREED AN ORDER WITH YOU. PAYMENT IS REQUIRED IN CLEARED FUNDS BEFORE DELIVERY OF THE GOODS TO YOU. |
TWISTED CUSTOM BUILD/CONVERSION WITH TWISTED SOURCED DONOR VEHICLE |
PAYMENT OF NON-REFUNDABLE DEPOSIT OF £5,000 REQUIRED TO COMPLETE ACCEPTANCE OF ORDER. PAYMENT FOR THE DONOR VEHICLE IS REQUIRED WITHIN 14 DAYS OF THE INITIAL DEPOSIT PAYMENT. PAYMENT OF 50% OF THE TOTAL VALUE OF THE WORKS (INCL. VAT) IS REQUIRED 10 WEEKS PRIOR TO COMMENCEMENT OF WORKS OR ORDERING OF BESPOKE ITEMS. BALANCE PAYMENT DUE UPON COMPLETION OF WORKS. |
TWISTED CUSTOM BUILD / CONVERSION WITH CUSTOMER SUPPLIED VEHICLE AND RESTORATION SERVICES |
IF TOTAL ORDER VALUE OF WORKS (INCLUDING VAT) IS LESS THAN £25,000, PAYMENT OF A NON-REFUNDABLE DEPOSIT OF £1,000. IF TOTAL ORDER VALUE OF WORKS (INCLUDING VAT) IS GREATER THAN £25,000, PAYMENT OF A NON-REFUNDABLE DEPOSIT OF £5,000. PAYMENT OF THE NON-REFUNDABLE DEPOSIT IS REQUIRED TO COMPLETE ACCEPTANCE OF ORDER. PAYMENT OF 50% OF THE TOTAL VALUE OF THE WORKS (INCL. VAT) IS REQUIRED 10 WEEKS PRIOR TO COMMENCEMENT OF WORKS OR ORDERING OF BESPOKE ITEMS. BALANCE PAYMENT DUE UPON COMPLETION OF WORKS. |
ALL OTHER VEHICLES |
PAYMENT OF NON-REFUNDABLE DEPOSIT OF £5,000 REQUIRED TO COMPLETE ACCEPTANCE OF ORDER. PAYMENT OF THE BALANCE IN CLEARED FUNDS WITHIN 14 DAYS OF DEPOSIT PAYMENT. |
SERVICING | PAYMENT UPON COMPLETION OF WORK |
12.5 INSPECTION OF CUSTOMER OWNED VEHICLES. ALL CONTRACTS FOR WORK TO YOUR OWN VEHICLE ARE SUBJECT TO THE CONDITION THAT THE VEHICLE WILL BE INSPECTED WHEN IT ARRIVES AT OUR FACILITIES. IF IT IS FOUND TO BE UNSUITABLE FOR THE WORK REQUESTED TO BE CARRIED OUT, WE WILL EITHER AGREE A FEE FOR RECTIFICATION WORK TO BRING IT UP TO AN ACCEPTABLE STANDARD OR ARRANGE FOR YOU TO COLLECT THE VEHICLE, IN WHICH CASE THE NON-REFUNDABLE DEPOSIT WILL COVER OUR INSPECTION COSTS.
12.6 USING THIRD-PARTY FINANCE. WE WILL ACCEPT PAYMENT FOR VEHICLES AND ANY ASSOCIATED MODIFICATION SERVICES FROM THIRD PARTY FINANCE PROVIDERS WHICH YOU HAVE CHOSEN TO USE. PLEASE NOTE THAT THE TERMS OF PAYMENT FOR GOODS AND SERVICES (CONDITION 12.4) STILL APPLY EVEN IF A THIRD-PARTY FINANCE PROVIDER IS BEING USED. YOU WILL AT ALL TIMES BE LIABLE TO MAKE ANY PAYMENTS DUE. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOUR CHOSEN FINANCE PROVIDER WILL SETTLE INVOICES IN ACCORDANCE WITH THE CONTRACT. YOU SHOULD NOTE THAT SOME FINANCE PROVIDERS DO NOT PAY OUT FUNDS UNTIL THE VEHICLE IS COMPLETED AND AVAILABLE FOR YOU TO TAKE DELIVERY AND THAT THEY DO NOT FUND DEPOSIT PAYMENTS OR INTERIM PAYMENTS WHICH WE REQUIRE UNDER THE CONTRACT. YOU MUST THEREFORE ENSURE THAT IF USING THIRD PARTY FINANCE, THE NECESSARY FUNDS ARE IN PLACE AT THE APPROPRIATE TIME TO SETTLE IN FULL NON-RETURNABLE DEPOSIT INVOICES AND INTERIM PAYMENT INVOICES. WE RESERVE THE RIGHT TO RECOVER ANY COSTS OR EXPENSES INCURRED BY US IN CONNECTION WITH EITHER LATE AND/OR UNDERPAYMENT OF MONIES OWED TO US BY YOU RELYING ON THIRD PARTY FINANCE.
12.7 WE CAN CHARGE INTEREST IF YOU PAY LATE. IF YOU DO NOT MAKE ANY PAYMENT TO US BY THE DUE DATE WE MAY CHARGE INTEREST TO YOU ON THE OVERDUE AMOUNT AT THE RATE OF 4% A YEAR ABOVE THE BASE LENDING RATE OF THE HSBC PLC FROM TIME TO TIME. THIS INTEREST SHALL ACCRUE ON A DAILY BASIS FROM THE DUE DATE UNTIL THE DATE OF ACTUAL PAYMENT OF THE OVERDUE AMOUNT, WHETHER BEFORE OR AFTER JUDGMENT. YOU MUST PAY US INTEREST TOGETHER WITH ANY OVERDUE AMOUNT.
12.8 WHAT TO DO IF YOU THINK AN INVOICE IS WRONG. IF YOU THINK AN INVOICE IS WRONG PLEASE CONTACT US PROMPTLY TO LET US KNOW AND WE WILL NOT CHARGE YOU INTEREST UNTIL WE HAVE RESOLVED THE ISSUE.
13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1 WE ARE RESPONSIBLE TO YOU FOR FORESEEABLE LOSS AND DAMAGE CAUSED BY US. IF WE FAIL TO COMPLY WITH THESE CONDITIONS, WE ARE RESPONSIBLE FOR LOSS OR DAMAGE YOU SUFFER THAT IS A FORESEEABLE RESULT OF OUR BREAKING THE CONTRACT OR OUR FAILING TO USE REASONABLE CARE AND SKILL. WE ARE NOT RESPONSIBLE FOR SOMETHING YOU COULD HAVE AVOIDED BY TAKING REASONABLE ACTION.
13.2 WHEN WE ARE LIABLE FOR DAMAGE TO YOUR PROPERTY. IF WE ARE PROVIDING A SERVICE WE WILL MAKE GOOD ANY DAMAGE TO YOUR VEHICLE CAUSED BY US WHILE DOING SO. HOWEVER, WE ARE NOT RESPONSIBLE FOR THE COST OF REPAIRING ANY PRE-EXISTING FAULTS OR DAMAGE TO YOUR VEHICLE THAT WE DISCOVER WHILE PROVIDING THE SERVICES.
13.3 WE ARE NOT LIABLE FOR BUSINESS LOSSES. WE ONLY SUPPLY THE GOODS AND SERVICES TO YOU FOR DOMESTIC AND PRIVATE USE. IF YOU USE THE GOODS AND/OR SERVICES FOR ANY COMMERCIAL, BUSINESS OR RE-SALE PURPOSE WE WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.
14.PERSONAL DATA
14.1 HOW WE USE ANY PERSONAL DATA YOU GIVE US IS SET OUT IN OUR PRIVACY NOTICE: PLEASE SEE OUR PRIVACY POLICY ON OUR WEBSITE WWW.TWISTED.CO.
15. VARIATION
15.1 EXCEPT AS SET OUT IN THESE CONDITIONS, NO VARIATION OF THE CONTRACT, INCLUDING THE INTRODUCTION OF ANY ADDITIONAL TERMS AND CONDITIONS, SHALL BE EFFECTIVE UNLESS IT IS IN WRITING AND SIGNED BY US.
16. OTHER IMPORTANT TERMS
16.1 WE MAY TRANSFER OUR CONTRACT WITH YOU, SO THAT A DIFFERENT ORGANISATION IS RESPONSIBLE FOR SUPPLYING YOUR PRODUCT OR SERVICE.
16.2 YOU MAY ONLY TRANSFER YOUR RIGHTS OR YOUR OBLIGATIONS UNDER THESE CONDITIONS TO ANOTHER PERSON IF WE AGREE TO THIS IN WRITING.
16.3 THIS CONTRACT IS BETWEEN YOU AND US. NO OTHER PERSON CAN ENFORCE IT AND NEITHER OF US WILL NEED TO SIGN-OFF ON ENDING OR CHANGING IT.
16.4 EACH OF THE PARAGRAPHS OF THESE CONDITIONS OPERATES SEPARATELY. IF ANY COURT OR RELEVANT AUTHORITY DECIDES THAT ANY OF THEM ARE UNLAWFUL OR UNENFORCEABLE, THE REMAINING PARAGRAPHS WILL REMAIN IN FULL FORCE AND EFFECT.
16.5 EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER. WE MIGHT NOT IMMEDIATELY CHASE YOU FOR NOT DOING SOMETHING (LIKE PAYING) OR FOR DOING SOMETHING YOU ARE NOT PERMITTED TO DO, BUT THAT DOES NOT MEAN WE CANNOT DO IT LATER.
16.6 THESE CONDITIONS ARE GOVERNED BY ENGLISH LAW. THIS MEANS A CONTRACT FOR THE SUPPLY OF THE GOODS AND/OR SERVICES AND ANY DISPUTE OR CLAIM ARISING OUT OF OR IN CONNECTION WITH IT WILL BE GOVERNED BY ENGLISH LAW. YOU AND WE BOTH AGREE THAT THE COURTS OF ENGLAND AND WALES WILL HAVE NON-EXCLUSIVE JURISDICTION. HOWEVER, IF YOU ARE A RESIDENT OF NORTHERN IRELAND YOU MAY ALSO BRING PROCEEDINGS IN NORTHERN IRELAND, AND IF YOU ARE A RESIDENT OF SCOTLAND, YOU MAY ALSO BRING PROCEEDINGS IN SCOTLAND.
