Terms and Conditions

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website APRILAQUADARTSPARES.CO.UK (Our Site) to you.  Please read these terms and conditions carefully before ordering any Products from Our Site.  You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.

You should print a copy of these terms and conditions for future reference.

Please click on the button marked "I Accept" when placing your order if you accept them.  Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from Our Site.

 

1. Information about us

1.1 APRILAQUADARTSPARES.CO.UK is a site operated by CAVALIER MARKETING LIMITED (We/Us).  We are registered in England and Wales under company number 2295824 and with our registered office at NORTH DEAN ROAD, KEIGHLEY, WEST YORKSHIRE BD22 6QY. Our VAT number is GB 607 2884 30.

 

2. Service availability

2.1 Our Site is only intended for use by people resident in the United Kingdom.  We do not accept orders from individuals outside of the United Kingdom.

 

3.  Your status

3.1 By placing an order through Our Site, you warrant that:

(a)  you are legally capable of entering into binding contracts;

(b)  you are at least 18 years old;

(c)  you are resident in the United Kingdom; and

(d)  you are accessing Our Site from the United Kingdom.

 

4. How the contract is formed between you and us

4.1  After placing an order, you will receive an e-mail from us acknowledging that We have received your order.  Please note that this does not mean that your order has been accepted.  Your order constitutes an offer to us to buy a Product.  All orders are subject to acceptance by us, and are subject to confirmation of delivery details.

4.2  We will confirm such acceptance to you by email.  The contract between us (Contract) will only be formed when we have confirmed acceptance. 

 

5. Consumer rights

5.1  If you are contracting as a consumer, you may cancel a Contract for any reason at any time within seven working days, beginning on the day after you received the Products.  In this case, you will receive a full refund of the price paid for the Products provided that you follow the procedure set out in our refunds policy (set out in clause 9).  

5.2  You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk.  You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, We may have a right of action against you for compensation.

5.3  This provision does not affect your statutory rights.

 

6. Availability and delivery

6.1  Your order will be fulfilled within a reasonable time of your order, unless there are exceptional circumstances. Any delivery date provided is approximate and should not be relied upon.

DO NOT ARRANGE FOR INSTALLATION OF THE PRODUCT(S) UNTIL THEY HAVE BEEN DELIVERED AND CHECKED FOR DAMAGE

6.2  If access to your house is not via a public road, on placing your order you accept that delivery will be to the nearest public road only as our drivers are not insured to take their vehicles on roads other than public highways.  If you refuse the delivery because of this, you will be charged collection fees.

6.3  You agree to make sure that someone is available to sign for the Product(s) and check all Product(s) as soon as reasonably possible.  You should notify us as soon as reasonably possible of the delivery of any damage sustained in transit. Where it is reasonable to do so you should inspect the Product(s) for carrier damage before signing the delivery note.

 

7. Risk and title

7.1  The Products will be at your risk, and ownership of them will pass to you from the time of delivery.

 

8. Price and payment

8.1  The price of any Products will be as quoted on Our Site from time to time, except in cases of obvious error. 

8.2  These prices include VAT and delivery costs.

8.3  Prices are liable to change from time to time, but changes will not affect orders which have already been placed.

8.4  Our Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on Our Site may be incorrectly priced.  We will [normally] verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, We will charge the lower amount when dispatching the Product to you.  If a Product's correct price is higher than the price stated on Our Site, We will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.

8.5  We are under no obligation to provide the Product to you at the incorrect (lower) price, even after We have accepted your Order, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.

8.6  Payment for all Products must be by credit or debit card.  We accept payment with:

· Visa/ Visa Electron/ Solo

· Mastercard

· Maestro

 

9. Our refunds policy

9.1  When you return a Product to us:

(a)  because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 6.1), We will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, We will refund the price of the Product in full, including the cost of sending the item to you.  However, you will be responsible for the cost of collection.

(b)  because you claim that the Product is defective, We will examine and test the returned Product and will notify you of your refund via email within a reasonable period of time.  We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day We confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by us in collecting the item from you. 

9.2  If you return Product(s) to us outside of the cooling off period, claiming that they are defective, and testing pursuant to clause 9.1(b) shows the Product not to be defective, then only the Product value will be refunded. You will be responsible for the cost of collection and delivery.

9.3  We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

9.4  You must return the Product(s) to us in good condition; this includes the packaging in which the Product(s) are supplied. Do not write our address or anything else on the packaging.

9.5  When cancelling a Contract for any reason, you must complete a returns form and return this with the unwanted Product(s). The returns form can be requested by emailing returns@aprilaquadartspares.co.uk.

9.6  The returns form must include a return reference number. This can be obtained by emailing returns@aprilaquadartspares.co.uk. If necessary, we will also make arrangements for collecting the Product(s).

 

10.  Our liability

10.1  We warrant to you that any Product purchased from us through Our Site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied. 

10.2  Our liability for losses you suffer as a result of us breaching this agreement is limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaching the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.

10.3  This does not include or limit in any way our liability:

(a)  For death or personal injury caused by our negligence;

(b)  Under section 2(3) of the Consumer Protection Act 1987;

(c)  For fraud or fraudulent misrepresentation; or

(d)  For any deliberate breaches of these Terms by us that would entitle you to terminate the contract between us.

(e)  For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

10.4  We are not responsible for the following losses where they are suffered by you in relation to a business:

(a)  indirect or consequential loss, including but not limited to any loss resulting from the cost of plumbers, contractors or anyone else involved in the installation of the Products;

(b)  loss of income or revenue;

(c)  loss of business;

(d)  loss of profits or contracts;

(e)  loss of anticipated savings;

(f) loss of data; or

(g)  waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable;

provided that this clause 10.4 shall not prevent claims for loss or damage that falls within the terms of clause 10.3.

 

11.  Written communications

11.1  Applicable laws require that some of the information or communications We send to you should be in writing.  When using Our Site, you accept that communication with us will be mainly electronic.  We will contact you by e-mail.  For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that We provide to you electronically comply with any legal requirement that such communications be in writing.  This condition does not affect your statutory rights.

 

12.  Notices

12.1  All notices given by you to us must be given to CAVALIER MARKETING LIMITED at NORTH DEAN ROAD, KEIGHLEY, WEST YORKSHIRE BD22 6QY. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served 24 hours after an e-mail is sent, or three days after the date of posting of any letter.  In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

 

13.  Transfer of rights and obligations

13.1  The contract between you and us is binding on you and us and on our respective successors and assigns. 

13.2  You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. 

13.3  We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

 

14.  Events outside our control

14.1  We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event). 

14.2  A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

(a)  Strikes, lock-outs or other industrial action.

(b)  Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.

(c)  Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.

(d)  Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

(e)  Impossibility of the use of public or private telecommunications networks.

(f) The acts, decrees, legislation, regulations or restrictions of any government.

14.3  Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance for the duration of that period.  We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

 

15.  Waiver

15.1  If We fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if We fail to exercise any of the rights or remedies to which We are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

15.2  A waiver by us of any default shall not constitute a waiver of any subsequent default.

15.3  No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 12.

 

16.  Severability

16.1  If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

 

17.  Entire agreement

17.1  These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

17.2  We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

17.3  Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.

 

18.  Our right to vary these terms and conditions

18.1  We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities. 

18.2  Your order will be subject to the terms and conditions in force at the time that you order Products from us, unless any change to these terms and conditions is required to be made in respect of existing orders by law or governmental authority (in which case it will apply to orders previously placed by you).

 

19.  Law and jurisdiction

19.1  Contracts for the purchase of Products through Our Site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law.  Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.