Terms & Conditions of Use
Welcome to the Motaparts Downend Ltd website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy, delivery & returns policy govern Motaparts relationship with you in regard to this website and to a more limited extent in our stores. If you disagree with any part of these terms and conditions, please do not use our website.
About Us
Motaparts is the trading name of Motaparts Downend Ltd. We are an independent motor accessory store based in Downend, Bristol and we have been established since 2014. We are a real shop with real people who care about our customers and the products we offer.
Our website has been developed to offer visitors the convenience of viewing and selecting products we have available even if not in our store at the time. We offer home delivery and buy online - collect instore.
We hope you think our online store is simple and easy to use but if you have a suggestion that would make it even easier please email us and let us know.
Some important points to remember about shopping with Motaparts include:-
Quality Products
Our Products and services are described to the best of our ability on the Website. We reserve the right to amend the product description as required.
We only sell products online that we have seen and tested in our stores and that we feel have been manufactured to the highest standards. Motaparts recommend that professional advice is taken when fitting any product that may alter the original design or performance of the vehicle. The price of any product included in this online store excludes the price of painting or fitting unless stated otherwise.
All the products you find listed on our site are purchased by us direct from the manufacturer or the authorised UK importer or distributor. This means that all our prices are extremely competitive and all our items are genuine UK products authorised to be sold by us in this country.
Our range of branded products is far too long to list but you can search our database here.
Representations of colour shown online are only as accurate as our image used will show. Colours shown online can also be affected by the screen they are being viewed on. If in doubt please visit us in-store to check.
Weights and sizes are approximate and should only be used as a guide.
Buyers Guides and advice are only to help you in your purchasing decisions and to give guidance. These articles are provided for general information, but if you are in any doubt, you should seek help from an appropriate professional.
Purchase of products
Orders
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the website.
All orders may subject to: up to a two day handling time, adjustments in delivery method if chosen method is unavailable
Any order received after 4pm will be processed the following business day
Contract creation and electronic contracting
The technical steps required to create the contract between you and us are as follows:
- You place the order for your products on the Website by pressing the confirm order button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the Website.
- We will send to you an order acknowledgement email detailing the products you have ordered. This is not an order confirmation or order acceptance.
- As your product is shipped from our warehouse we will send you a despatch confirmation email.
- Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the Products ordered
Non-acceptance of an order may be a result of one of the following:
- The product you ordered being unavailable from stock.
- Our inability to obtain authorisation for your payment.
- The identification of a pricing or product description error.
- You not meeting the eligibility to order criteria set out in the main Terms & Conditions.
The repayment of such monies paid to us will be the extent of our liability to you in the event of these errors.
The details of your specific contract will not be filed by Motaparts Downend Ltd. If you do require any information regarding orders you have placed please contact us.
The contract will be concluded in English.
Pricing
Our prices are shown in £’s (Pounds Sterling) and include VAT (if applicable).
Motaparts VAT Registration Number is 201 6551 50
The price of the Goods is exclusive of the costs and charges of packaging, insurance and transport of the Goods, which is added to the value of your order. See Delivery policy for full details.
The prices shown are only applicable to orders made via the Website. On some occasions prices offered online may differ from prices offered at the same time in some or all Motaparts stores. We are under no obligation to honour prices seen online in our stores if no order has been made online Similarly, we are under no obligation to honour in-store prices in an order made online.
All offers to sell are subject to availability and while stocks last. Offers cannot be used in conjunction with one another. Where more than one offer is available on the same product only one discount will apply. The offer giving the greatest saving will be applied in the basket.
Payment
Motaparts accept payment by most major credit, debit cards & Paypal registered to UK addresses.
We are unable to accept payment online by any other method. Visit us in-store to pay by cash, gift card or to ask about our finance scheme on selcted items.
Payment will be debited from your account immediately after you place your order. Motaparts are not liable for bank charges that may be incurred by you if sufficient funds are not available at the time when payment is taken.
Validation checks and authorisation by the card issuer will take place. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for delay or non-delivery.
We use a third party payment service provider to process your order for payment. Paypal consider payment security and fraud prevention as two of their top priorities.
All our transactions through Paypal are encrypted to the highest global standards. Payment systems are monitored and audited regularly by a world leading Qualified Security Assessors (QSA), so you can be confident our payment services are completely secure. Transactions processed using Paypal go through powerful fraud prevention tools to check if card details have previously been compromised somewhere else online or to prevent the illegal use of a card by an unauthorised person.
Delivery
We charge for delivery. See Delivery policy for full details.
Refunds & Returns procedure
We offer a 30 day returns policy provided product is unused, undamaged and in original packaging (carriage at your cost). Any product such as Number plates, Aerosol Paint etc that are made to order especially for you are exempt from this returns policy. You statutory rights are not affected.
If an item arrives damaged or becomes faulty we will arrange to replace it at our cost (up to 90 days after purchase) After 90 days we may offer to collect the item and arrange for it to be repaired where appropriate (again at our cost).
We will keep you informed about the progress of any replacement products. For more details of our returns procedure see our returns policy
In July 2007 the UK introduced Waste Electrical and Electronic Equipment (WEEE) Regulations to allow members of the public to deposit old electrical and electronic items at recycling sites across the UK, free of charge.
Electrical and Electronic Equipment is one of the fastest growing waste streams in the UK, increasing by at least 5% each year. The public dispose of over 1.2 million tonnes of waste every year in the UK, and landfill sites are now reaching full capacity. Much of this waste can be recycled, and the resources recovered to make new consumer goods. The WEEE regulations aim to reduce the quantity of electrical and electronic items disposed of in this way, and will encourage everyone to play a part in protecting our environment for future generations.
Motaparts Downend Ltd fully support the regulations. There are two ways you can recycle your old electrical item. Visit your nearest recycling centre or return your old item to us after you have received your new item.
To find your nearest recycling sites for waste electrical and electronic products, contact your local council, or visit www.recycle-more.co.uk and type your postcode into the recycling bank locator.
If you wish to return your old electrical appliance to us you must do so within 28 days of your new purchase & arrange the return yourself. The cost of return must also be borne by you. Please quote your original invoice number on the outside of any packaging or we will be unable to accept the return.
We can also accept your old like for like electrical appliance at any of our retail stores. You will need your original receipt.
Since 5 May 2009, the UK's Waste Batteries and Accumulators Regulations require those who manufacture, import or produce one tonne of batteries or those who place products containing batteries onto the UK market to be responsible for the collection, treatment and recycling of the waste batteries. In the UK, we use 600 million batteries every year - an average of 21 per household. In 2007 just 3% of batteries were being recycled, the rest were going to landfill. The UK is aiming to meet targets of 25% recycling of batteries by 2012 and 45% by 2016.
Everything from AAA cells to mobile phone batteries and button cells used in hearing aids and watches, must be separated from household rubbish and placed into designated recycling bins in shops or other recycling points. Recycling facilities are available instore.
We are also aware of how this legislation impacts on the products we select, and all our products which fall under the WEEE and batteries regulations are clearly identifiable with a crossed out wheelie-bin symbol.
Safety
Motaparts recommend that professional advice is taken when fitting any product that may alter the original design, safety, legality or performance of the vehicle.
Some products are designed for competition or ‘off road' use only. If this is the case the product packaging will display this. If you are unsure about the legal use of a product on the road please contact us .
Interpretation
Where vehicle manufacturers makes, models and names or logo's are used, these refer only to a product being ‘suitable for' and does not infer original equipment manufacturer supplied or approved. Please be certain that you are happy with the safety of any product before using your car on a public highway.
Privacy
A full explanation of our privacy policy, can be found here.
The Smaller Print
The term Motaparts’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is:-
Motaparts Downend Ltd
16 badminton road
Downend
Bristol
BS16 6BQ
Registered in England & Wales number 09288455
Website Use
The term ‘you’ refers to the user or viewer of our website whether acting as an individual or on behalf of any organisation. An individual person includes a human being, a corporate or unincorporated body (whether or not having separate legal personality). A reference to an organisation includes its personal representatives, successors or permitted assigns. Reference to written communication includes e-mails and message systems as so used on this site.
The use of this website is subject to the following terms of use:
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- This website uses cookies to monitor browsing preferences. If you do allow cookies to be used, the following personal information may be stored by us for use by third parties: [insert list of information].
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
- Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
- From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.
Liability
Nothing in these Conditions limit or exclude liability for:
- death or personal injury caused by the negligence of Motaparts, its employees, agents or subcontractors
- fraud or fraudulent misrepresentation
- breach of the terms implied by Section 12 of the Sale of Goods Act 1979
- defective products under the Consumer Protection Act 1987
- any matter in respect of which it would be unlawful for us to exclude or restrict liability
Subject to the liabilities mentioned above :
Motaparts shall under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and total liability to the Customer in respect of all other losses shall in no circumstances exceed 100% of the monies paid by the Customer to us.
The majority of card issuers cover all the charges that may result from unauthorised use of your credit card or debit card, but some may limit your liability to £50. If you believe your credit or debit card has been subject to unauthorised use you should contact your card issuer without delay.
Force Majeure
Neither party shall be liable for any failure or delay in performing its obligations under the Contract where such failure or delay is caused by a Force Majeure Event. A Force Majeure Event means any event beyond a party's reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party's), failure of energy sources or transport network, acts of God, war, riot, fires, floods, storms, earthquakes, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.
Variation
Motaparts reserve the right to alter these Terms and Conditions at any time, without notice. Changes take effect when posted on this Website. By using this Website you agree to be bound by these Terms and Conditions except where the law imposed by the Consumer Contracts (Information, Cancellation and Additional Charges) regulations 2013 applies.
Assignment and subcontracting
Motaparts may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.
The Customer may not assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract without prior written consent
Notices
Any notice or other communication given to the Customer under or in connection with the Contract shall be in writing, addressed to the Customer at the address that the Customer has specified in the order and shall be delivered personally, sent by pre-paid first class post, recorded delivery, commercial courier, fax or e-mail.
A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to above; if sent by pre-paid first class post or recorded delivery, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed; or, if sent by fax or e-mail, one Business Day after transmission.
The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
Severance
If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
Waiver
A waiver of any right or remedy under the Contract is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
Third Party rights
A person who is not a party to the Contract shall not have any rights under or in connection with it.
Governing law and jurisdiction
The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
Motaparts Downend Ltd
16 badminton road
Downend
Bristol
Tel: 0117 9575038