2. DEFINITIONS
In these Terms of Purchase:
“Contract”
means the contract formed when we accept your Order by sending you our Order Acceptance;
“Goods”
means any goods available to purchase from us on this Website;
“Order”
means your order for Goods or Services placed via this Website
“Order Acceptance”
has the meaning given to it in clause 3 below;
“Services ”
means any services available to purchase from us on this Website; and
“Working Day”
means Monday to Friday excluding UK Bank Holidays.
These terms apply to your purchase of goods and services from our website and incorporate our General Terms and our Privacy Policy together (“Terms of Purchase”). If there is any conflict between these Terms of Purchase, the General Terms and/or the Privacy Policy then the following order of precedence shall apply in descending order (a) these terms; (b) the General Terms; and (c) the Privacy Policy.
3. ORDERING ON OUR WEBSITE
To purchase from us you must be over 18. We can ship Goods to certain countries outside the United Kingdom on request.
If you are buying Goods or Services from us, we will ask you to confirm that your Order is correct before you proceed to the checkout. If it is not correct, you can revisit your Order and correct the mistakes before confirming and submitting your Order to us. It is your responsibility to ensure that your Order is correct before submitting it to us. If you have any problems with your Order, please contact amparts@astonmartin.com
When you submit your Order, you are offering to buy the Goods or Services at the price set out in the Order on these Terms of Purchase. We will acknowledge receipt of your Order by email. This acknowledgment email is not an acceptance of your Order. The Contract is not completed until we confirm that we have accepted your Order in accordance with the clause 4 below.
While every effort is taken to try to ensure that the colouring, design and style of the Goods in the photographs displayed on the Website are representative of the original Goods, variations may occur. If you have any questions about the Goods, you may of course contact our Customer Service Department at AMPARTS@astonmartin.com.
For every Order, you must provide complete and accurate information during the ordering procedure. The information requested shall include: title, surname, first name, phone number, e-mail address, delivery and invoicing address. You should check that the information you provide accurately reflects your selection before placing your Order.
4. OUR ACCEPTANCE OF YOUR ORDER
The Order constitutes an offer by you to buy the Goods or Services specified in your Order, on these Terms and Conditions. All Orders are subject to acceptance by Aston Martin. Where Aston Martin accepts an Order, it will confirm its acceptance of your Order to you by email. This email is referred to as our “Order Acceptance”. Please note that Orders placed via the Website, outside our normal business hours will not be processed until the following Working Day. Upon issue of an Order Acceptance there will be a binding Contract between us subject to and in accordance with these Terms of Purchase.
We check the prices on our Website regularly. However, if we find the price for Goods or Services has changed when we receive your Order we will contact you and ask if you wish to proceed.
If the Goods or Services stated in your Order are no longer available, we may offer you substituted Goods or Services of a similar nature and quality. Again, in this case, we will contact you and ask if you wish to proceed.
In both cases, if you confirm that you do wish to proceed with your Order, please remember that we will still not be under an obligation to supply the Goods or Services to you until we have sent you an Order Acceptance.
If any of the Goods or Services ordered are unavailable, only the price and delivery cost relating to the available Goods or Services will be debited .
5. IF YOU HAVE MADE A MISTAKE WITH YOUR ORDER
If you discover you have made a mistake with your Order after we have sent the Order Acceptance please contact us immediately at amparts@astonmartin.com. Please note that we are unable to rectify mistakes after the Order has been picked for dispatch, although you still have the right to cancel as described below.
6. PRICE AND PAYMENT
The prices on our Website do not include VAT which you may have to pay in respect of the Goods or Services.
The final price payable for your Order includes the delivery charges specified in your Order. Delivery charges are liable to change at any time (in which case the Website will be updated accordingly), but changes will not affect Orders in respect of which you have already been sent an Order Acceptance.
The Website contains details of a large number of Goods and Services and it is possible that, despite our best efforts, some of the pricing and other information shown for certain Goods and Services is incorrect. We will normally verify prices before sending the Order Acceptance. Where the correct price is lower than the price stated on the Website you will be charged the lower amount. If a price is higher than the price stated on the Website, we may either (a) contact you to see whether or not you wish to go ahead with the Order; or (b) cancel your Order and notify you of the cancellation, in which case we will refund the price already paid by you (if any).
You must pay for the Goods or Services when you place your Order. If we are unable to accept your Order for any reason then we will refund any money we have already debited in respect of that Order. We will not dispatch Goods until we receive payment in full. Payment for all Goods or Services must be made in pounds sterling by credit or debit card. Please note that Aston Martin accepts payment by the following cards:
• Visa Credit and Debit
• Maestro
• Solo
• Mastercard
• American Express.
7. DELIVERY
We will arrange for delivery of the Goods with our chosen delivery partner. We aim to deliver Goods to you within the time indicated by us in the Order Acceptance but we cannot guarantee delivery on a specific date. We may also deliver the Goods in several consignments but will not charge you any extra delivery charges for this.
Risk of damage to or loss of the Goods shall pass to you at the time of delivery.
Ownership of the Goods will only pass to you when we receive full payment of all sums due in respect of the Goods, including delivery charges.
If we have not delivered the Goods within 30 days of you submitting your Order or any other date that we have agreed with you in writing then you may cancel the Contract and we will refund you any money that you have already paid.
8. RETURNS
If you are a consumer (i.e. you are not purchasing Goods or Services either wholly or in part for your business or you are not a business) you have the right, in addition to your other rights, to cancel the Contract and receive a refund from us.
Right to Cancel Contracts for Goods
To do this, you must inform us in writing that you wish to cancel your Contract for Goods within 14 Working Days, starting on the day after the Goods are delivered to you (the “Cancellation Period”).
If you choose to cancel then you must return the Goods to us at your cost and risk and we advise you to ensure the Goods are adequately insured during the return journey. Goods must be returned to us in perfect condition to the address specified on the delivery note. In this case, you will receive a full refund of the price paid for the Goods minus the delivery charge.
If you have not returned the Goods within 14 days of the expiry of the Cancellation Period then we may collect the Goods from you at your sole cost and deduct such costs from any sums paid by you to us.
Right to Cancel Contracts for Services
To do this, you must inform us in writing that you wish to cancel your Contract for Services no later than the earlier of (a) within 7 working days, starting on the day after we send you the Order Acceptance; or (b) prior to the date the performance of the Contract has commenced. In this case, you will receive a full refund of the price paid for the Services.
Faulty Goods
We also promise that all Goods supplied are of satisfactory quality and reasonably fit for all the purposes for which Goods of their kind are commonly supplied.
We promise that the Goods supplied will remain free from defects in materials or caused by workmanship for a period of 12 months (or longer if required by law) from the date of delivery.
Specifications on our Website of the Goods are not intended to be binding and are intended only to give a general description of the Goods. To the maximum extent permissible, we make no other promises about the Goods and any implied warranties are excluded other than those promises set out in these Terms of Purchase.
Please inspect the Goods when you receive them for defects or damage. If you find any you must tell us as soon as possible and in any event within 14 days of the delivery date quoting the order reference number. Upon our receipt of your notification we will arrange for the Goods to be returned, either to us or the manufacturer (at our option), at no cost to you. If you fail to notify us, within 14 days of the delivery date you will be deemed to have accepted the Goods.
If on inspection the Goods are found to be damaged prior to delivery to you, or defective, we will repair or replace the Goods or refund the price paid by you. If you would prefer repair or replacement of the goods please contact us and we will accommodate you where this is reasonably practicable.
9. LIMITATION OF LIABILITY
Our liability to you arising under or in connection with the Contract is limited to the value of the Goods or Services specified in the Contract and any refund of delivery costs in accordance with these Terms of Purchase.
We shall not be liable to you for any indirect, special, incidental or consequential loss or for any business losses that you may incur included but not limited to lost data, loss of profit or business interruption as a consequence of our failure to comply with the Contract.
This clause 9 does not exclude or limit in any way our liability:
(a) for death or personal injury;
(b) under section 2(3) of the Consumer Protection Act 1987;
(c) for fraud or fraudulent misrepresentation; or
(d) any matter for which it would be illegal for us to exclude or to attempt to exclude or liability.
10. EVENTS BEYOND OUR REASONABLE CONTROL
We will not be held responsible for any delay or failure to comply with our obligations under the Contract if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
11. TRANSFER OF RIGHTS AND OBLIGATIONS
The Contract between you and us is binding on you and us and on our respective successors and assigns.
You may not transfer, assign or otherwise dispose of this Contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of this Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
12. WAIVER
If we fail, at any time during the term of the Contract, to insist upon strict performance of any of your obligations under the Contract, 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.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these Terms of Purchase shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
13. OUR RIGHT TO VARY THESE TERMS OF PURCHASE
We have the right to revise and amend these Terms of Purchase from time to time. You will be subject to the policies and terms and conditions in force at the time of your Order, unless any change to these Terms of Purchase is required to be made by law or governmental authority, or we notify you of any changes to these Terms of Purchase before we send you the Order Acceptance.
14. APPLICABLE LAW AND JURISDICTION
These Terms of Purchase shall be governed by and construed in accordance with English Law and you agree to submit to the exclusive jurisdiction of the English courts.