Terms and Conditions (Webstore)

Terms & Conditions for AKS Tuning Ltd

By placing an order for Products (as defined below), you accept and agree to these terms and conditions.

A binding contract (as defined in Clause 4.6.2 below) will only be formed upon AKS Tuning Ltd (us/we/our) giving notice of its formal acceptance of an order (Order).

1.      Who we are

1.1.    We are AKS Tuning Ltd and our e-commerce website (www.akstuning.co.uk/shop/) specialises in the sale of genuine OEM, aftermarket and performance vehicle parts and accompanying products (the Products).

1.2.    These are the terms and conditions (the Terms) on which we supply the Products listed on our Site to you.

 

2.      These Terms and what they cover

2.1.    Please read these Terms carefully before you submit your Order to us.  These Terms tell you who we are, how we will provide Products to you, how you and we may change or end the Contract, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms, please contact us to discuss.

2.2.    You may only buy Products from our Site.

2.3.    We offer workshop and aftermarket fitting services (each a Service, and together the Services) however such Services are not provided under these Terms and they are not available for purchase via our Site.  Any supply of Services by us will be governed by separate terms and conditions, a copy of which will be made available to you if you make an enquiry with us for the supply of Services.

2.4.    By ordering Products from our Site you agree to be bound by these Terms and that they form the basis of the Contract between you and us for the supply of the Products.

2.5.    We draw your particular attention to our Privacy Notice, and the following Clauses of these Terms:

2.5.1.   Clause 6 (Changes);

2.5.2.   Clause 7 (Price and Payment);

2.5.3.   Clause 9 (Delivery of Products);

2.5.4.   Clause 10 (Your right to change your mind and end the Contract);

2.5.5.   Clause 12 (Our rights to end the Contract);

2.5.6.   Clause 15 (Our responsibility for loss or damage suffered by you).

2.6.    In these Terms:

2.6.1.   we, us, or our means AKS Tuning Ltd, a company registered in England and Wales. Our company registration number is 8561965 and our registered office is at AKS Tuning Ltd, The Workshop, Willow Vale, Pavenham Road, Oakley, Bedfordshire, MK437SZ.

2.6.2.   you or your means the person whose details are set out in the Order to be submitted to our Site.

 

3.      How to contact us

3.1.    You can contact us by emailing us at: info@akstuning.com or writing to us at AKS Tuning Ltd, The Workshop, Willow Vale, Pavenham Road, Oakley, Bedfordshire, MK437SZ.

3.2.    If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your Order.

 

4.      Our Contract with you

4.1.    Please check your Order carefully and correct any errors before completing the checkout process and placing your Order.

4.2.    You may place an Order with our Site as a guest user, or you can create an individual account (Customer Account).

4.3.    When you place your Order, we will acknowledge it by email. This acknowledgement does not however mean that your Order has been accepted, processed or begun to be packaged.

4.4.    If we are unable to accept all or part of your Order we will:

4.4.1.   contact you to say that we are unable to accept your Order in whole or part: and

4.4.2.   not charge you for:

4.4.2.1.     the Products that we are unable to accept your Order for (where we are unable to accept part of your Order); or

4.4.2.2.     any of the Products in your Order (where we are unable to accept your entire Order);

4.4.3.   and where a charge has been taken, we will refund the relevant amount taken from your payment method in respect of the Products we are unable to accept your Order for.

4.5.    We may be unable to accept your Order for the following reasons:

4.5.1.   the Product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for;

4.5.2.   your chosen Payment Method is unable to authorise your payment to us;

4.5.3.   we have reasonable belief or information to suggest that an Order is fraudulent;

4.5.4.   If you order a Product that cannot be delivered to your location, as the Product is prohibited such as, but not limited to, aerosols, oils, liquids or lubricants;

4.5.5.   we have identified an error in the price or description of the Product or the Product has been discontinued.

4.6.    Subject to Clause 4.7, our acceptance of your Order will take place when we email you to confirm:

4.6.1.   what Products we are supplying; and

4.6.2.   that we accept your Order and the Products have been dispatched,

at which point a contract will come into existence between you and us for the supply of the Products set out in our Order Despatch Confirmation (Contract). If you think any information in our Order Despatch Confirmation is wrong, please contact us promptly to let us know.

4.7.    In certain circumstances, the Products within your Order may be delivered by one of our third party suppliers before you receive our Order Despatch Confirmation. In these instances, the Contract between you and us for the supply of the Products set out in our Order Despatch Confirmation shall come into existence upon delivery of such Products to you.

4.8.    Your Order number. We will assign an Order number to the Contract and tell you what is in our Order Despatch Confirmation. It will help us if you can tell us the Order number whenever you contact us about your Order, and the name the Order was placed under.

4.9.      Our Site is both for the promotion of our products in the UK and internationally. To enquire with us about placing an Order from outside of the UK, please contact us by emailing us at info@akstuning.com or writing to us at AKS Tuning LTD, The Workshop, Willow Vale, Pavenham Road, Oakley, Bedfordshire, MK437SZ. We have sole discretion as to whether to accept any Order accepted outside of the UK.

4.10.   We reserve the right to only accept Orders from people who are over the age of 18.

 

5.      Our Products / Warranty

5.1.    Products may vary from the pictures on our Site - The images of the Products on our Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images.

5.2.    Product packaging may vary from that shown in images on our Site.

5.3.    It is your sole responsibility to check that Products ordered are suitable for their particular use, purpose or vehicle. If you are at all unsure, we encourage you to contact us and consult one of our team of experienced professionals.

5.4.    If you place an Order through our Site and we can clearly see something is wrong such as, without limitation, you have ordered one Product for one type of vehicle and one Product for another totally different vehicle, then we may contact you to confirm whether this was intentional or if it is an error.  We may then identify the most suitable replacement Product and issue a refund (as we decide, in our sole discretion).

5.5.    Where possible, we sell AKS Tuning own branded Products with a warranty. The details of any warranty provided by us will be set out on the relevant Product’s description on our Site, or on the Product’s packaging. Any Products which are not an AKS Tuning brand, may come with a manufacturer’s warranty and further information on any such manufacturer’s warranty can be found on the relevant Product’s packaging or on our Site. Should you have any issues with a Product we have sold to you, please contact us first and we will try to assist you or liaise with the manufacturer on your behalf, where we reasonably can.

5.6.    Notwithstanding Clause 5.3 above, the following Products do not have a warranty: genuine VAG electrical components including, but not limited to, coil packs, MAP/MAF, Lambda, Nox, Position, Pressure, impulse, level, Vacuum, Occupancy and Knock sensors and valves, alarm sirens, diverter valves, N75 & N80 valves, all of which should only be purchased by you in accordance with the relevant manufacturer’s guidance.

5.7.    For the avoidance of doubt, genuine VAG Products that are covered by the manufacturer’s warranty are subject to the VAG warranty terms and conditions, and process. The warranty is provided by the VAG Group on Products for up to 1 (one) year from the date of your purchase. The Products must be fitted to the vehicle for which the Product was intended, and unaltered from how the Product was supplied.  If you experience a fault in this time period, that you believe is covered by the manufacturer’s warranty, please follow the guidelines set out below:

5.7.1.   Contact your local main dealership (Audi, Seat, Skoda, VW, VW Commercial etc) depending on the vehicle make that you have;

5.7.2.   Speak to the service department and inform them that: you have a genuine part fitted that is within the manufacturer’s warranty period; you believe the part is faulty; and you would like to book in for a parts warranty booking to investigate and replace, if necessary;

5.7.3.   The dealership should book you in and then, on the day of the booking, you will need to bring with you a copy of your invoice from us that shows your proof of purchase. They should investigate the issue and confirm or deny if the issue is down to a faulty part;

5.7.4.   If the part is proven faulty, the dealership should replace the part without any charge to you and no labour or investigation charges should be payable by you.

5.7.5.  If the part is proven not to be faulty, or another issue is determined to be the cause of the problem, the dealership will charge you their relevant fees for diagnostic work, together with the cost of labour and parts required to investigate or rebuild the vehicle.

5.8.    Warranty on Products that are produced or modified by us i.e. they are not bespoke or special order Products, are subject to the terms set out in the description of the Product on our Site.

 

6.      Changes

6.1.    Your rights to make changes to your Order - If you wish to make a change to the Products you have ordered please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the Products, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the Contract (see Clause 9 - Your rights to end the Contract).

6.2.    Our rights to make changes – We may change Products:

6.2.1.  to reflect changes in relevant laws and regulatory requirements; and/or

6.2.2.  to implement minor technical adjustments and improvements. These changes will not affect your use of the Product.

7.      Price and payment

7.1.    Where to find the price for the Product - The price of a Product (which includes VAT) will be the price indicated on the Order pages when you placed your Order. We take all reasonable care to ensure that the price of the Product advised to you is correct. Prices are correct at time of publishing and are subject to increase or decrease, without prior warning. Price changes  are commonplace amongst with all our suppliers, and when we are informed of price changes on Products, we will adjust our prices in line with the suppliers’ recommended retail price.  However, please see Clause 7.3 for what happens if we discover an error in the price of a Product you have ordered.

7.2.    If the rate of VAT changes between the date of your Order and the date we take payment for the Product, we will adjust the rate of VAT that you pay to account for such changes.

7.3.    Incorrect pricing - It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We will normally check prices before accepting your Order so that, where the Product's correct price at your Order date is less than our stated price at your Order date, we will charge the lower amount. If the Product's correct price at your Order date is higher than the price stated to you, we will contact you for your instructions before we accept your Order. If we accept and process your Order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the Contract, refund you any sums you have paid and require the return of any Products provided to you.

7.4.    We accept payment by most major credit or debit cards, Klarna (subject to Klarna’s terms and conditions of business), Paypal and bank transfer (although Paypal and bank transfers are not available as payment option on our Site webstore – please contact us by telephone (+44 (0) 1234 822 324) or in writing (info@akstuning.com) for more information) but we do not accept American Express cards (your Payment Method).

7.5.    If you use the Products for any commercial, business or re-sale purpose, we will only accept payment by bank transfer, unless another form of payment has been agreed by us in advance with you by phone or email.

7.6.    You must pay for the Products before we dispatch them to you.

7.7.    We may charge interest if you are late in paying for Products - 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 8% a year above the base lending rate of the Bank of England 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.

7.8.    If you select your country and address in your Customer Account on our Site, the Site webstore will show you a version of our Site with or without UK VAT as applicable, and with shipping options relevant to you (for example, DHL only for high value international orders).

7.9.    Customers outside the UK will be subject to your country’s customs charges where applicable on Orders. We are not in any way responsible for these charges and you are solely responsible for familiarising yourself with your country’s applicable charges, before you place an Order with us.

 

8.      Delivery of the Products

8.1.    The costs of delivery will be as displayed to you on our Site and will depend on the method of delivery you have chosen. The delivery cost displayed when adding items to a basket on our website will be the least expensive delivery option we offer for that particular Product/combination of Products, when you go through to checkout you may be presented with multiple shipping options, at this point you can choose the delivery option that best suits you.

8.2.    We will deliver or facilitate the delivery of the Products to you as soon as reasonably possible.

8.3.    If our supply of the Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take 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 Products you have paid for but not received.

8.4.    If no one is available at your address to take delivery of the Products redelivery attempts will be made until an authorised person is present to receive the consignment. Due to ongoing security risks we are unable to leave parcels unattended, with a neighbour or at local collection depots. If you have selected DPD as your shipping / courier option, then once the Order has been dispatched, your DPD tracking link will request you to: rearrange a delivery if you won’t be in; select a new location for delivery within a reasonable distance; or arrange for the parcel to be dropped off at a local pick up point, usually within a shop or establishment. If you choose to alter the delivery address from your specified delivery, then we cannot accept liability for parcels being damaged, lost or stolen as a consequence.

8.5.    If you do not collect the Products 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 and Clause 12.2 will apply.

8.6.    Ending the Contract for late delivery - If you do choose to treat the Contract as at an end for late delivery under Clause 9.3.3 or Clause 9.3.4, you can cancel your Order for any of the Products or reject Products that have been delivered. If you wish, you can reject or cancel the Order for some of those Products (not all of them), unless splitting them up would significantly reduce their value. After that, we will refund any sums you have paid to us for the cancelled Products and their delivery (but, in cases of late delivery through the fault of the courier or other delivery service, we will only provide a refund once the courier or other delivery service provider, has refunded us in full). If the Products have been delivered to you, you must either post them back to us or deliver them in person to our registered address, which is AKS Tuning LTD, The Workshop, Willow Vale, Pavenham Road, Oakley, Bedfordshire, MK437SZ.

8.7.    Your responsibility for the Products - The Products will be your responsibility from the time we deliver them to the address you gave us for delivery.

8.8.    When you own the Products - You will own the Products once we have received payment in full.

8.9.    Disputes for delivery issues with a driver, signature disputes, damaged or missing consignments must be submitted by telephone (+44 (0) 1234 822 324) or in writing (info@akstuning.com) to us and if required, to a third party courier (if relevant). If a delivery appears successful but an issue with your Order still remains, a declaration must be submitted (once received) by telephone (+44 (0) 1234 822 324) or in writing (info@akstuning.com). Instructions will be provided on the Order form.

8.10.   All deliveries must be checked upon receipt for accuracy of fulfilment, defects or other issues potentially experienced throughout transit. We allow 48 (forty-eight) hours for notification of any defects following delivery. After this time has elapsed, the return period remains 28 (twenty-eight) days, but the Product is considered your responsibility as per Clause 8.7 and any damage will be treated as such while in your care.

8.11.   Time shall not be of the essence in relation to any delivery date.

8.12.   Orders placed through the Site, over the value of £100.00 (one hundred GB pounds sterling) must be delivered to the billing address of the card used for the transaction only.  If you select a different delivery address from your billing address, or your billing address does not match the one the card you are using is matched too for any reason (such as, wrong inputting by you, numbers the wrong way around on the registered address, or wrong address entirely), Site ordering system will initially process your Order but will then cancel the Order and instruct you via email that you will receive a refund for your Order or that it has been cancelled. This feature of our website is due to the type of desirable and high value Products we sell, which are a high target for fraudulent activity and criminals using stolen card/bank information to try and order high value goods. This feature is in place to protect you and us from criminal activity, using stolen cards or financial information.

 

9.      Your rights to change your mind and end the Contract

9.1.    Your rights to end the Contract will depend on whether there is anything wrong with the Products, how we are performing the Contract and when you decide to end the Contract.

9.2.    Your right to change your mind (Consumer Contracts Regulations 2013) - You have 28 (twenty-eight) days after the day you receive the Products set out in our Order Despatch Confirmation to change your mind, unless:

9.2.1.  the Products are split into several deliveries over different days. In this case you have until 28 (twenty-eight) days after the day you receive the last delivery of the Products set out in our Order Despatch Confirmation to change your mind about the Products; or

9.2.2.  the Products are for regular delivery over a set period. In this case you have until 28 (twenty-eight) days after the day you (or someone you nominate) receive the first delivery of the Products.

9.3.    You may end the Contract for the following reasons:

9.3.1.   we have told you about an upcoming change to the Product or these Terms which you do not agree to;

9.3.2.   we have told you about an error in the price or description of the Product you have ordered and you do not wish to proceed;

9.3.3.   there is a risk that supply of the Products may be significantly delayed because of events outside our control;

9.3.4.   we have suspended supply of the Products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 (thirty) days; or

9.3.5.   you have a legal right to end the Contract because of something we have done wrong.

9.4.    You may end the Contract for one of the reasons under Clause 9.3 by emailing us at info@akstuning.com with your Order number and delivery address.

9.5.    Ending the Contract where we are not at fault and there is no right to change your mind - Even if we are not at fault and you do not have a right to change your mind (see Clause 10.1), you can still end the Contract before it is completed, but you may have to pay us compensation. The Contract is completed when the Product or Products to be supplied under that Contract are delivered and paid for. If you want to end a Contract before it is completed where we are not at fault and you are outside the time limits in which you have the right to change your mind, just contact us to let us know. The Contract will end immediately and we will refund any sums paid by you for Products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of you ending the Contract.

 

10.   Returning Products after ending the Contract

10.1.   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 at: AKS Tuning Ltd, The Workshop, Willow Vale, Pavenham Road, Oakley, Bedfordshire, MK437SZ. If you are exercising your right to change your mind you must send off the Products within 28 (twenty-eight) days of telling us you wish to end the Contract.

10.2.   We will pay the costs of return if:

10.2.1.    the Products are faulty or misdescribed (which, for the avoidance of doubt, does not include whether the Product: (a) is compatible with a particular vehicle; or (b) is appropriate to be used in cases where the Product or vehicle has been modified by you); or

10.2.2.    if you are ending the Contract because we have told you of an upcoming change to the Product or these terms, an error in pricing or description or because you have a legal right to do so as a result of something we have done wrong.

In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.

10.3.   What we charge for collection - If you are responsible for the costs of return and we are collecting the Product from you, we will charge you the direct cost to us of collection.

10.4.   We do not provide a free return service. The postage cost remains your responsibility.

10.5.   How we will refund you - We will refund you the price you paid for the Products excluding delivery costs, by your Payment Method and if you used more than one Payment Method, by the same proportion of each Payment Method you used for payment. However, we may make deductions from the price refunded, as described below.

10.6.   Once a return status has been established, you remain responsible for the Order contents and its condition until goods have arrived, and been Inspected by staff at our business premises (AKS Tuning Ltd, The Workshop, Willow Vale, Pavenham Road, Oakley, Bedfordshire, MK437SZ).

10.7.   We always recommend using a method of postage which includes insurance while transporting goods back to our business premises. However, this is your liability to do so.

10.8.   In any event:

10.8.1.    we reserve the right to deduct an appropriate amount if you return a Product without its original packaging or if the original packaging is damaged;

10.8.2.    Unless 10.2.1 or 10.2.2 apply, any of the following categories of Product shall be non-returnable under any circumstances:

10.8.2.1.      custom made or altered Products for you, to an alternate specification from normal.  This includes, without limitation, Products modified by us to fit a unique requirement stipulated by you or where parts are painted or hydro-dipped to your specification such as custom colour options on brake calipers or wheels, etc;

10.8.2.2.      backordered from the VAG Group at the time of Order;

10.8.2.3.      ordered from Audi Tradition; or

10.8.2.4.      chassis specific items ordered from an OEM manufacturer including, without limitation, to vehicle keys, engine or transmission control units, ignition or door lock barrels, mechatronics units and seat covers under the manufacturers’ guidance.

 

11.   Refunds

11.1.   We pride ourselves on our customer service. If you have a concern or experience an issue with our Products, please contact us via email at: info@akstuning.com, phone: 01234 822 324, or via the AKS Tuning Facebook or Instagram messenger pages. We are always happy to discuss the options available to you and how best to resolve your concern.

11.2.   Whilst we take every opportunity to resolve your concerns, we specialise in performance vehicle parts, which means Products may not always be suitable or safe for resale. If you damage, alter, or use a Product, before discussing return options with us and seeking advice from us, you may not be entitled to a refund of the price you have paid for such Products.

11.3.   We do not cover the cost of damages, delays, additional labour costs (in our workshop or external businesses), parts, travel or compensation, whether you decide to exercise your right to change your mind, or not.

11.4.   If you are exercising your right to change your mind:

11.4.1.    we may reduce the amount of any refund (excluding delivery costs) to reflect any reduction in the value of the Products, if this has been caused by your handling, use or alteration of the Products in any way;

11.4.2.    if you notify us that you are exercising your right to change your mind but upon our inspection of the Product it is apparent you have continued to use the Products, we may reduce your refund of the price to reflect any reduction of value in the Product. If you notify us of any issues or concerns you may have regarding a Product, you must stop using the Product immediately and allow us to inspect the Product and discuss the issue with you further. If you continue to use a Product after notifying us of an issue or concern regarding such Product, and cause damage to the Product, we reserve the right to reduce the amount of any refund provided to you to reflect the reduction in value of the Product.

11.4.3.    if, upon our inspection of the Product, it is apparent the Product cannot be resold or refunded from our suppliers due to your handling, use or alteration of the Product (including your handling, use or alteration of the packaging), you may not receive a refund to reflect the reduction or loss of value in the Product;

11.4.4.    if we refund you the price paid for a Product before we are able to inspect the Product and later discover you have handled them in an unacceptable way, you must pay us such appropriate amount as we determine, upon our request;

11.4.5.    Individual items bought as part of a package Product cannot be individually refunded;

11.4.6.    Software Products which are no longer in their original, sealed packaging cannot be refunded;

11.4.7.    The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a Product within 3-5 (three to five) days at one cost but you choose to have the Product delivered within 24 (twenty-four) hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option;

11.4.8.    You may not be entitled to a refund on any custom made, bespoke or personalised Products purchased from us. If you ask us to change the colour, add a design or make any modification to a Product, then the Product shall be deemed a custom made and personalised Product created solely for you. We alert you at the time of placing your Order that, as the Products are custom made or personalised, you shall not be entitled to a refund.

11.5.   We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind, then:

11.5.1.    if we have not offered to collect the Products, your refund will be made within 14 (fourteen) days from the day on which we receive the Product back from you.

11.5.2.    in all other cases, your refund will be made within 14 days of your telling us you have changed your mind.

 

12.   Our rights to end the Contract

12.1.   We may end the Contract for a Product at any time by writing to you if:

12.1.1.    you do not make any payment to us when it is due, and you still do not make payment within 14 (fourteen) days of us reminding you that payment is due;

12.1.2.    you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products; or

12.1.3.    you do not, within a reasonable time, allow us to deliver the Products to you.

12.1.4.    You raise a dispute or escalated payment claim through the original gateway in which the payment was received (this includes, but is not limited to, refunds, warranty claims, repairs, third party services and replacement Products/components).

12.2.   If we end the Contract in the situations set out in Clause 12.1 we will refund any money you have paid in advance for Products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the Contract.

 

13.   We may suspend the Product

13.1.   We may have to suspend the supply of a Product:

13.1.1.    to deal with technical problems or make minor technical changes;

13.1.2.    to update the Product to reflect changes in relevant laws and regulatory requirements;

13.1.3.    to make changes to the Product as requested by you or notified by us to you (see Clause 6.2);

13.1.4.    in the event that you do not pay us for the Products when you are supposed and you still do not make payment within 14 (fourteen) days of us reminding you that payment is due, we may suspend supply of the Products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Products. We will not suspend the Products where you dispute the unpaid invoice. We will not charge you for the Products during the period for which they are suspended. As well as suspending the Products we can also charge you interest on your overdue payments.

13.2.   We may withdraw the Product - We may write to you to let you know that we are going to stop providing the Product. We will let you know at least 7 (seven) days in advance of our stopping the supply of the Product and will refund any sums you have paid in advance for Products which will not or cannot be provided.

 

14.   If there is a problem with the Product

14.1.   We are under a legal duty to supply Products that are in conformity with the Contract.

14.2.   If you have any questions or complaints about the Product, please contact us.

14.3.   If you wish to exercise your legal rights to reject Products you must post them back to us.

 

15.   Our responsibility for loss or damage suffered by you

15.1.   Insofar as it is permitted by English law, we are not responsible for any loss or damage:

15.1.1.    that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process;

15.1.2.    for Products delivered to the USA and Canada;

15.1.3.    for Products that we have manufactured and are delivered to anywhere in the world, insofar as permitted by the law where the aforesaid Products are delivered;

15.1.4.    that arises because of something you could have avoided by taking reasonable action. For example, damage to your own digital content or device, which was caused by digital content we supplied and which you could have avoided by following our advice to apply a free update or by correctly following the installation instructions or having the minimum system requirements advised by us; or

15.1.5.    caused by a delaying event outside our control.

15.2.   We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for:

15.2.1.    death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;

15.2.2.    fraud or fraudulent misrepresentation;

15.2.3.    breach of your legal rights in relation to the Products including the right to receive Products which are: as described (excluding vehicle compatibility) and match descriptive information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care.

15.3.   If you use the Products for any commercial, business or re-sale purpose:

15.3.1.    we will have no liability to you for any (whether direct or indirect): loss of profit, loss of revenue, loss of business, business interruption, loss of reputation, loss or corruption of data, loss or corruption of software or systems, loss of goodwill, loss of savings, discount or rebate (whether actual or anticipated),  loss of use, loss of production, loss or damage to equipment, loss of business opportunity or wasted expenditure. Any such commercial, business or re-sale usage is strictly prohibited; and

15.3.2.    all statements, conditions or warranties as to quality of the Products or their fitness for purpose whether expressed or implied by law or otherwise are hereby expressly excluded.

15.4.   We only supply the Products for off-road and private usage unless stated in the Product’s descriptive materials. Where modifying a vehicle may deem it un-road worthy we accept no liability for compliance in countries we supply to.

 

16.   How we may use your personal information

16.1.   We will only use your personal information as set out in our Privacy Policy.

16.2.   Not every Product advertised on the Site is kept in stock by us.  Some Products will be delivered directly to you from the manufacturer or distributor. As such, when you place an Order, you irrevocably agree that we may share the information you supply to us (including but not limited to), such as your name, address, phone number and email address, to any such third party for delivery of the Products to you. Unless required by law, your payment details are never shared, under any circumstance, with any third party.

 

17.   Other parties who may perform the Contract

17.1.   You agree that we may instruct other persons, companies or firms to carry out our obligations under the Contract on our behalf, including where we instruct such persons, companies or firms to procure or arrange delivery of the products to you. You may refer to their terms and conditions for further details and information as regards their services.

 

18.   Other important terms

18.1.   We may transfer our rights and obligations under these terms to another organisation. You may only transfer your rights or your obligations under these terms to another person if we agree to this in advance and in writing.

18.2.   The Contract is between you and us. No other person shall have any rights to enforce any of its terms.

18.3.   When we use the words writing or written in these terms, this includes emails.

18.4.   Each of the Clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining Clauses will remain in full force and effect.

18.5.   If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking the Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

18.6.   These Terms represent the whole Contract between you and us, and they may only be varied by written agreement between us.

 

19.   Which law applies to this Contract and where you may bring legal proceedings

19.1.   These Terms are governed by English law and you can bring legal proceedings in respect of the Products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the Products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the Products in either the Northern Irish or the English courts.

 

20.   Complaints Procedure

20.1.   Complaints may be made in writing to AKS Tuning Ltd, The Workshop, Willow Vale, Pavenham Road, Oakley, Bedfordshire, MK437SZ or alternatively via email to info@akstuning.com. Please enclose the nature of your complaint along with supporting evidence for our review.

 

21.   Phone call recording

21.1.   Phone calls made to us, and our outgoing phone calls to you are recorded and stored for customer service and training purposes only.

21.2.   All personal information that we may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (GDPR) and Your rights under the GDPR.

 

22.   Site discount promotion codes and vouchers

22.1.   Codes and vouchers are only available for the time windows stipulated on our Site or for specific customers, if we have agreed a discount code with them for any reason such as a goodwill gesture or discount.

22.2.   Any code or voucher supplied to you by us, is only valid for one use and, in some cases, only on specific Products to which the code or voucher applies.

22.3.   In any event, all and any codes and vouchers issued by us, shall be strictly subject to any rules and procedures that we stipulate, and shall only be redeemable if we agree (as we see fit, in our sole discretion).

 

23.   Consumer Rights

23.1.   As a “consumer” as defined by the Consumer Rights Act 2015, or as a consumer for the purposes of any other consumer protection legislation, nothing in these Terms is intended to or will exclude, limit, prejudice, or otherwise affect any of our duties or obligations to you, or your rights or remedies, or our liability to you, under:

23.1.1.       the Consumer Rights Act 2015; 

23.1.2.       the Regulations;

23.1.3.       the Consumer Protection Act 1987; or

23.1.4.       any other consumer protection legislation; 

as that legislation is amended from time to time.

For more details of your legal rights, please refer to your local Citizens’ Advice Bureau or Trading Standard Office.