Terms and Conditions
Welcome to the new Sunbeam Supreme website (“Website”).
These terms and conditions (“Terms”) apply between you, the User of this website, and Sunbeam Supreme, the owner and operator of this website, on the basis of how we supply our goods (“Goods”) to you. Your agreement to these terms and conditions is deemed to occur when you first use and access the website and by ordering any Goods from us. Please read these carefully as they affect your legal rights. If you do not agree to these terms and conditions you should stop using the website immediately and should not order any Goods from us.
ABOUT US
1. The Goods are provided by Sunbeam Supreme and may be referred to as we/us/our in the Terms. We are located at 70 Cannock Street, Leicester, LE4 9HR. We are registered in England and Wales and our VAT number is 661 44 82 34.
ABOUT YOU
2. By placing an order with us you/user/buyer/your refer to any person, sole trader, partnership or business as detailed in the relevant section of the sales order/ invoice form in the Terms. You must be at least 18 years of age and legally capable of entering into binding contracts. The information you provide us during the process of ordering the Goods is accurate, complete and not misleading and you are fully aware of the Terms. We shall not be held responsible for any inaccuracies or misleading information you provide to us.
GENERAL
3. These Terms apply to all Consumer sales of Goods provided by us to you including telephone, postal and internet orders.
4. No contract for the supply of Goods (“Contract”) will come into effect until Goods are dispatched or an email confirmation that your Goods have been dispatched when purchasing via our Website.
5. If you purchase Goods by any other means than the Website, the Contract will not come into effect until either your order is accepted by delivery of the Goods or our written acknowledgement of the Order
6. It is your responsibility to ensure you have ordered the correct Goods from us and that the Goods are suitable and fit for the purpose as intended for use by you. Unless stated otherwise, in writing, we do not provide such advice on suitability.
GOODS
7. The Goods ordered refer to the items listed in the appropriate section of the order/ invoice form. They shall form the core part of the agreement and any additional parts not detailed in this section will be additional to the agreement.
8. All brochures, catalogues, descriptions, photos, illustrations and specifications, and price lists (“Product Information”) are intended to only present a guideline of the Goods and for illustrative purposes only. Goods may vary in size, specification, colour and appearance. It is recommended buyers check all the current Product Information before ordering. The Goods will conform in all material respects to the Product Information and specification provided and accepted by us. This also applies to any advice given by our agents in all types of orders upon information given by you with no inspection.
9. All Goods supplied by us are subject to availability. We reserve the right to supply you with substitute goods of equivalent or matching quality if we cannot supply you with the Goods you have ordered. If such substitute goods are not accepted by you, we shall be responsible for collection and cost of collecting from you subject to returned in their original condition.
10. We retain all copyright and title to all documentation in relation to the Goods delivered to you by us and can only be used as intended in the Contract.
11. All Goods we provide wherever possible are original or equivalent patten parts. We also source parts and have reproduction items made to our existing standards. It is our policy to only supply Goods we would fit to our own cars.
12. Some Goods may be exchange items and may incur a surcharge on such Goods. We will supply such Goods on receipt of the exchange item.
PRICES
13. Prices of the Goods our quoted in our Product Information on the Website. The price displayed is the price you pay at the time we receive your order. Prices are listed both inclusive and exclusive of VAT. All prices are exclusive of any other sales tax or duty that may be applicable which will payable in addition to the price unless otherwise stated.
14. All prices may be changed at any time without notification to take into account increasing costs including but not limited to cost of materials, labour, transport and other overheads, any tax, duty or variation in exchange rates.
15. We always try to make sure our prices on our Website are accurate; there may be circumstances where it is incorrectly listed due to error. In this scenario, we will inform you of the correct price as soon as possible and offer the correct price. We are under no obligation to provide Goods at an incorrect, lower price even after acknowledgement of the order. If payment has been made and you wish to cancel the order, you will receive a full refund of payment.
16. All quoted prices are the total payable except for post and packaging. The cost of delivery will be quoted at the time of you place an order of Goods. The entire cost of any form of delivery will be borne by you including locations outside of the United Kingdom outside of our standard delivery service.
17. We offer a 5% discount to proven members of Sunbeam Owners clubs. Please contact us by e-mail if this applies.
PAYMENT TERMS
18. All payments of Goods shall be made in full to us without deductions or set-off by credit or debit card when an order is placed. Payments by credit or debit card will only be accepted where the card in question has been verified by the Website or the card holder is present at our premises.
DELIVERY
19. Delivery times will be quoted at the time of order and will not be of the essence and a delivery date is an estimate only. We will endeavour to avoid late deliveries where reasonably possible. You have to 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 are recorded by use upon dispatch from our place of business will be conclusive of the quantity received by you upon delivery unless you can provide conclusive evidence proving the contrary.
20. Any claim relating to the Goods have been delivered damaged or do not materially comply with their description will be notified by us and (where necessary the carrier) within 7 days of their delivery. Providing that you return such Goods in their original condition, at our sole discretion, we will replace such Goods, issue a credit note for the price of such Goods or refund the price paid for such Goods.
21. Any claim that the Goods have not been delivered to you by us or by 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, such claim must be notified to us within 7 days of their expected delivery. Liaisons will then take place with our carrier to establish documentary evidence and statements. We will then come back to you, within a reasonable timescale, of our decision with the same options as outlined in clause 18 or not to provide any of those which shall be final and binding.
22. If you fail to take delivery of the Goods at the agreed time of delivery, then we will be entitled to cancel or suspend such delivery and all other outstanding deliveries and to charge you for any reasonable loss suffered.
23. Delivery and packaging costs indicated on the Website are subject to change and will be confirmed at the time of order. When ordering outside of the United Kingdom and Europe, approximate prices for delivery shall be quoted prior to order confirmation which confirmation of acceptance may be needed by you before acceptance of the order.
RISK AND TITLE
24. Risk/ responsibility for the Goods passes when the Goods are delivered to you. As stated in section 12 of Sales of Goods Act 1979, we will only transfer such title or rights in respect of Goods as we have and if Goods are purchased from a third party will transfer only such title or rights as that party had and has transferred to us.
25. Notwithstanding that noted in clause 22, the title/ ownership of the Goods will remain with us and will not pass to you until the amount due on the invoice has been paid in full.
REFUNDS POLICY
26. You have a right to cancel any Contract for Goods, in accordance with these Terms within 14 days of receipt of the Goods. This must be a signed written notice detailing your name and address, sales invoice number and delivered by post to our registered premises or via email to our company email address. We reserve the right to carry a 25% handling charge if returned whatever the reason and if correctly supplied.
27. If written notice is received as outlined in clause 26, you are liable to return the Goods to us as directed in their original packaging and original condition (not used or installed) at your sole expense. Failure to return the Goods within 14 days of cancellation of the Contract to us, may entitle us to collect the goods from you and recover any reasonable costs involved with this.
28. We shall then refund any monies owing to you within 30 days of receipt of Goods by us, subject to any set off of monies to which we are entitled under clause 25.
LIMITATIONS OF LIABILITY
29. Subject to the provisions of these Terms, the following provisions show our entire financial liability to you in respect of any breach of these terms and any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.
30. Nothing in these terms excludes or limits our liability for death or personal injury caused by our own negligence, for fraud or for fraudulent misrepresentation or for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
31. Subject to clause 28 we will not be liable to you for any indirect or consequential, special or punitive loss, damage, costs or expenses; loss of profit; loss of business; loss of income or revenue; loss of corruption of or damage to data; waste of office time; or depletion of goodwill.
32. No liability can be accepted by us where Goods have been attempted to be altered for use or modified for than what it is originally intended for as described in the Product Information where it is known or ought to be known to you that the part was incorrectly supplied.
33. In the event where Goods ordered by you are alleged to be defective, you agree to return such Goods to us for inspection and report so that we can remedy the defect prior to contacting independent third parties or at any additional costs. As stated in clause 30, any Goods modified by you shall no longer make us liable for any failures resulting from such attempted modification by you.
34. It is possible that some Goods will not fit any vehicles that have been modified, altered or adapted. It is at our entire discretion to take such Goods back into stock, and shall issue you a refund or credit to you except where Goods are specifically ordered by you where no such refund or credit will operate.
35. The Goods supplied by us are not designed to be used for high performance means, unless stated otherwise, such as race competition where such Goods are subject to extreme conditions. This means life expectancy and durability of such Goods may be greatly reduced than through normal use. Therefore we will not be liable for any such claim for failure made when such Goods are purchased by you. It is advised that you take expert advice prior to any purchase made for high performance means including where such Goods from us may also be connected to parts which are placed under extreme conditions.
36. We accept no liability with failure to supply Goods or other interruptions caused by events outside of our reasonable control as determined solely by us.
INTELLECTUAL PROPERTY AND ACCEPTABLE USE
37. All content included on the Website, unless uploaded by Users, is the property of us, our affiliates or other relevant third parties. This means any text, images, audio, video, data, software and all other forms of information capable of being stored in a computer that appears on or forms part of this Website. By using this Website, you acknowledge this is all protected by copyright and other intellectual property rights.
38. You may use the Website for your own, personal, non-commercial use and must not reproduce or modify for commercial purposes any content without our written permission.
39. The Website may not be used to cause any damage to the Website or in any harmful, illegal, threatening or otherwise objectionable way or in breach of any applicable law.
REGISTRATION AND SECURITY
40. There is an option when making a purchase on the Website to register an account with us. You must ensure the details you provide are correct and complete. You must inform us of any changes to your personal details immediately so we can keep effective communication with you. You can cancel your registration at any time by contacting us and this does not affect your statutory rights. We may suspend or cancel your registration for any reasonable purposes or for a breach of terms and conditions.
41. You will be required to create a password when you register with us. This should be kept confidential and not shared with anyone else. In the event we suspect misuse of the Website or a breach of security, we may require you to change your password or suspend your account.
PRIVACY POLICY AND DISCLAIMER
42. The use of this Website is also governed by our Privacy Policy and Disclaimer which form a part of these Terms. These can be viewed here.
LAW AND JURISDICTION
43. This Contract will be governed by English Law and you consent to the exclusive jurisdiction of the English courts in all matters regarding it.
