Terms & Conditions

Defintions:

'Company', 'seller', 'us' and 'our', shall forthwith refer to Zen Performance Limited, trading from Unit C7, Baird Court, Park Farm, Wellingborough, Northants, NN8 6QJ (registered office address 10 Blenheim Terrace, Woodhouse Lane, Leeds, west Yorks, LS2 9HX) and trading in the selling, supply, and fitment of specilist motor parts and services.

'Purchaser', 'customer', 'client', 'buyer' and 'you', shall forthwith mean any person, sole trader, partnership, business or other entity. Those purchasing in the course of trade, profession or vocation, or in pursuit of sport or hobby (thus acknowledged as an enthusiast or competitor), shall further be defined as trader.

The terms and conditions are applicable to any correspondance, estimate, quotation, contract or order.

Data protection

Website:

This website does not store any information about you.

Email:

By emailing Zen Performance Limited, you are agreeing that we may contact you via that medium. We do not have a formal mail list but from time to time we may consider emailing our customers with important news or announcemnts of interest. We will not spam you. If at anytime you decide you no longer wish to receive emails from us, please email to request that we stop. We will not share your email address with any third parties, unless you expressly agree to this - for example if you ask to be put in touch with a company that offers a product or service that we do not.

Details held on file in our office:

On making an equiry with us, We may hold any of the following details on file (computer and paper): your name, address and telephone number, as well as details relating to your car and anything you purchase from us and enquire about.

In giving us your address, you agree that we may contact you via letter. We do not have a formal mail list but from time to time we may consider writing to our customers with important news or announcemnts of interest. We will not send you unsolicited mailshots. If at anytime you decide you no longer wish to receive written correspondance from us, please request in writing that we stop. We will not share your home address with any third parties, unless you expressly agree to this - for example if you ask to be put in touch with a company that offers a product or service that we do not.

If you purchase something from us using a credit or debit card, we will keep details of the card number, name on card, valid from and expiry dates, the registered address and delivery address. However, in line with the Data Protection Act, we do not keep a record of the security code written on the signature strip of your card.

Disclosure:

Under the terms of the Data Protection Act we are obliged to disclose any and all information held on you if you so request in writing.

Website Terms and Conditions:

All information, photographic images, graphical content etc remains the copyright of Zen Performance Limited and may not be reproduced without our express consent.

Pricing policy:

We reserve the right to change prices (either up or down) at any time wihtout prior notice. Please note that manufacturers also reserve the right to make ammendments to  price without giving notice and furtherore some goods or services may be subject to fluctuations in tax, duty, levy, surcharge and/or exchange rate. Whilst we endeavour to maintain our website and regularly update it's content, the prices shown here may not reflect the actual price of goods and services listed. Therefore, please telephone for todays price.

Descriptions and specifications:

The descriptions and specifications shown on this website are for indicative purposes and guidance only. They do not constitute a description under the terms of the Sales of Goods Act (1979) and the Supply of Goods and Services Act (1982). We reserve the right to change the description and specification of any listed product or service without prior notice. Please note that manufacturers also reserve the right to make ammendments to specifications, descriptions and so on without notice. Whilst we endeavour to maintain our website and regularly update it's content, the descriptions and specifications shown here may not be the most up to date. Therefore, please ensure that you are fully satisfied with the specification and description of any product before order or purchase.

Terms and conditions of Trade:

1. As per website terms and conditions, prices of products may be subject to alteration without prior notice and/or fluctuations passed down to us by suppliers/distributors. As such prices must always be confirmed with us.

2. As per website terms and conditions, descriptions and specifications of products and services may be subject to alteration without prior notice and/or ammendments made by manufacturers/suppliers/distributors. As such you must ensure that you are fully satisfied with the specification and description of any product before order or purchase.

3. The company reserves the right to amend technical or clerical errors in any order without notice. In addition, the buyer shall ensure that all details contained within the order are correct and no liability for any error or inaccuracy shall lie with the company unless notified of such error within five days of receipt of any document containing the said error.

4. Stautory rights under Sales of Goods Act (1979) and the Supple of Goods and Services Act (1982) will be upheld.

Guarantees

5a. Third party. Where products are guaranteed by the manufacturer, please ensure you fill out and return any cards or registration papers.

5b. Zen Performance Limited. We offer additonal guarantees on some items and services. These are determined individually and on a case by case basis. If the product you have purchased carries a Zen Performance guarantee, please refer to your individual documentation.

Limitations upon liability.

6. Advice given by agents or servants of this company during telephone/email orders is based entirely upon information given by the purchaser with no inspection undertaken. No liability can therefore be accepted by the company for incorrect advice given and all such advice should be checked by the purchaser prior to order.

7. Where advice is given after visual inspection by agents or servants of this company, such advice shall amount to an opinion only and the company shall not accept liability for any inaccuracies. Additionally, goods supplied are supplied only to correspond to the purpose for which goods of that kind are commonly supplied and not alternative uses to which they may be put. No liability for failure can be accepted by this company for such alternative use, amendment or modification.

8. Where goods purchased by the buyer are alleged to be defective, the purchaser agrees to return such goods to the seller for inspection and report at the purchaser's expense (without the seller replacing the said goods prior to such inspection). The purchaser further confirms that it shall be reasonable for the seller to inspect, repair or replace (at its option) such defective goods and allow manufacturers to undertake inspections so as to allow production methods to be modified. The purchaser also accepts that it is reasonable to inform the seller of any interruption, defect or other failure prior to contacting independent third parties or incurring additional expense and, in addition, to allow the seller to remedy the defect, failure or interruption. Parts modified or adapted by the purchaser shall no longer be warranted by the manufacturer nor shall the company be liable for any failures resulting subsequent to modification.

9. For trade buyers, the company is hereby excluded from any liability, howsoever arising, in respect of any express or implied condition, warranty or term, statement, representation whether statutory or otherwise, relating to the goods supplied. The trade buyer accepts that he is best placed to insure against losses which arise by virtue of any breach of this agreement and warrants that he carries adequate insurance in this respect.

10. Competition goods are supplied for specialist use. Life expectancy and durability are greatly reduced and purchasers should note that any claim for failure/wear & tear shall not be entertained by the company and it is agreed that such use shall be a relevant circumstance for the Sale of Goods Act 1979 (as amended). In addition, parts connected to parts supplied by this company may be placed under stress where specialist/competition parts are used, and purchasers should take advice from experts prior to purchase. Manufacturers may also limit guarantees when components are installed for competition use.

11. Where goods are defective, incorrectly supplied, or otherwise in breach of the implied terms of the buyers statutory rights, all losses which result from loss of competition points, awards, loss of entry fees or other similar losses, are excluded and shall not be reclaimable from the company. In addition, the company shall accept no liability for death or personal injury.

12. No liability is accepted by the company where purchasers attempt to modify or install components supplied where it is known or ought reasonably to be known that the part supplied is incorrectly supplied, defective or otherwise not in accordance with the order.

13. The company accepts no liability in respect of failure to supply or other interruptions caused by matters beyond the reasonable control of the company, including strikes, lockouts, civil disputes, acts of God, war or actions by third parties.

Payment terms

14. All goods must be paid for in full before delivery.

15. Special order parts must be paid for in full, in advance.

16. Quotations are given on the understanding that prices will not change due to price changes imposed from manufacturers/suppliers/distributors and/or due to fluctuations in tax, duty, levy, surcharge and/or exchange rate. In the event of such changes the purchaser will be liable for the full amount without prior notice form the company.

Title and delivery

17. Title to the product shall not pass to the buyer until the company has received payment in full. In the event that sums owing in respect of other items ordered remain due, apportionment by this company shall take place without prejudice to the right to retain title in respect of all goods ordered.

18. Delivery times will be advised at the point of order but should be taken as approximate. The buyer agrees to allow 30 days  for delivery in any written notice and within this time frame remains liable for late despatch or delivery. In the case of special orders or orders form overseas the purchaser agrees to extend this period to 45 days. Where delivery is affected by the purchaser directly, or his agent, risk shall pass to the buyer immediately.

19. The buyer is required to notify the company, in writing, of any shortage, misdelivery or other discrepancy immediately, or at the latest within five days of such failure, thereafter the buyer shall be liable for any such discrepancy. Where delivery is effected to the buyers own delivery contractor, loss or damage in transit claims should be made directly to the carrier. The company will assist purchasers in making their claim. Buyers should retain all packaging in the event of a claim or return within the terms of this agreement.

Cancellation

20. Under the Consumer Protection (Distance Selling) Regulations 2000, you have the right to cancel any order made via telephone, fax or email, within 7 working days of placing the order. This must be done in writing. On our receipt of such notification of cancellation, you must return the goods, in original packaging, unused or installed, with any orginal seals or tags in place, at your sole expense. We will then effect a full refund. Special order items cannot be returned or refunded.

This agreement shall be interpreted within English law.

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