1.1 These Terms and Conditions govern the supply of goods sold by Automotion Factors Ltd trading as Parts in Motion (No 08666569) of 12 Norman Court, Budlake Road, Exeter, EX2 8PY, UK (we and us) to the customer (you). Our VAT number is 171 3581 15.
1.2 All transactions where you are placing an order and purchasing products from us (whether verbally, electronically or in any other method we make available) are on the basis of these Terms and Conditions and are subject to acceptance by us by delivery of the goods to you, at which point a legally binding contract is constituted between us.
1.3 The processing of your payment and acknowledgment of your order does not constitute legal acceptance of your order.
2.1 if you have selected product using the car registration lookup, it is limited to the accuracy of the data provided by the Vehicle Registrations Office. Therefore we cannot guarantee that any part found using this service will be 100% correct and it is your responsibility to verify that the attributes of the ordered parts are actually correct for your vehicle.
2.2 You may place an order to purchase a product advertised for sale on our website, by following the onscreen prompts to select the item you wish to purchase. You will have an opportunity to check and correct any input errors in your order up until the point at which you place your order by clicking the “PLACE ORDER" button on the checkout page.
2.3 All orders placed by you and purchases of goods by you from us are subject to acceptance by us (as described in clause 1.2). We may choose not to accept your order or purchase for any reason and will not be liable to you or to anyone else in those circumstances.
2.3 Where we accept your order, we have a legal duty to supply goods that are in conformity with these Terms and Conditions.
3. Price & Payment
3.1 The price payable for the goods you order or purchase is as set out on our website at the time you place your order, plus any charges for delivery as advised to you. All prices include the current applicable VAT rate.
3.2 We may advertise some goods at a promotional price; where applicable you must quote the relevant promotion code, otherwise you may be charged the full price.
3.3 Occasionally, an error may occur and goods may be either incorrectly priced or described in which case we will not be obliged to supply the goods at the incorrect price or in accordance with the incorrect description or at all. We reserve the right to correct any errors from time to time. We will (at our discretion) either cancel your order and refund the price you have paid or use reasonable endeavours to contact you and ask you whether you wish to continue with the order at the correct price or correct description. If we are unable to contact you or you do not wish to continue with the order at the correct price or correct description, we will cancel your order and refund the price you have paid.
3.4 We must receive payment for the whole of the price of the goods you order and purchase, and any applicable charges for delivery, before your order can be processed unless we have agreed otherwise in advance in writing.
3.5 Payment can be made by most major credit or debit cards, by completing the relevant details on the checkout page.
3.6 By using a credit/debit card to pay for your order or purchase, you confirm that the card being used is yours or that you are authorised to use it.
3.7 All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of the card refuses to authorise payment we will not accept your order or purchase, we will not be obliged to inform you of the reason for the refusal, and we will not be liable for the item not being delivered or provided to you. We are not responsible for the card issuer or bank charging the holder of the card as a result of our processing of your credit/debit card payment in accordance with your order or purchase.
3.8 We recommend that you do not communicate your payment card details to anyone, including us, by email. Subject to clause 8.5, we cannot be responsible for any losses you may incur in transmitting information to us by internet link or by email. Any such loss shall be entirely your responsibility.
3.9 The format of our invoice to you will solely be dictated by us and we will not enter into any variation of our format.
4. Delivery & Title
4.1 We aim to deliver the goods in accordance with your order usually within the stated delivery time (except in exceptional circumstances) but not more than 30 days after the day you place your order, unless otherwise agreed between you and us, subject always to clause 6 and 12. We reserve the right to deliver an order in instalments by separate delivery shipments.
4.2 Before placing your order, please refer to the delivery options set out on our website to ensure that we can deliver to your address. A valid signature may be required on collection or delivery. In the unlikely event that you have not received all the goods within the stated delivery time, you must notify us immediately. We strongly suggest that you do not schedule fitment of any part until after you have received your order and checked all the goods are suitable for your purposes and do not have any defects or missing parts.
4.3 You must do all that you reasonably can to enable delivery to take place at the given time and place. If you delay delivery, or delivery fails because you have not taken appropriate steps, we will try to arrange for an alternative delivery date within 30 days of the failed delivery. If delivery fails as a result of circumstances within your reasonable control, the cost of any re-delivery shall be borne by you. If we are unable to arrange a date for re-delivery we may cancel your order and refund to you the price that you have paid for the goods, less the failed delivery costs.
4.4 Without prejudice to clause 4.3, upon delivery of the goods to you or collection of the goods by you, the goods shall be at your risk and responsibility. In spite of delivery or collection, ownership (also known as title) in the goods shall not pass to you until you have paid the price for the goods in full. Until title in the goods passes from us to you, you shall: (i) not be entitled to use the goods; (ii) safely hold the goods for us; (iii) return the goods to us immediately if we ask you to; and (iv) be liable to us for any loss, damage or destruction of the goods. In addition, until title in the goods passes from us to you, you shall store the goods at your own cost separately from all other goods in your possession and marked in such a way that they are clearly identified as our property. You grant us an irrevocable licence to enter, with or without vehicles, any of your premises for the purpose of inspecting or repossessing the goods.
4.5 Certain larger shipments to outlying regions of the UK such as Scottish Highlands, Northern Ireland and other islands, may incur a surcharge of £30 due to our courier charges. If this is the case we will inform you as soon as possible so you have the option to either cover the extra costs or cancel your order.
5. Product availability
5.1 All goods are subject to availability. While we endeavour to provide the product to meet all orders and purchases, if we are unable to supply or deliver the goods ordered and paid for by you, we will attempt to contact you using the details you have provided to us to ask you how you wish to proceed. We may, at our discretion, process any part of the order which is available. Where goods are out of stock, we will refund you the price paid for such goods as soon as possible and in any case within 30 days.
6. Manufacturer's Warranties & Guarantees
6.1 Some of our goods are sold with a manufacturer's warranty, guarantee or similar assurance (please see the relevant product description on our website for further details). Any complaint, query or claim under a manufacturer's warranty, guarantee or similar assurance must be made direct to the manufacturer and we do not have any responsibility or liability under or in connection with any such warranty, guarantee or assurance. You are entirely responsible for choosing exactly the correct part for your vehicle. All liability for damages caused due to incorrect choice of part or incorrect fitment will be yours. We will not be responsible for brokering communication between you and the manufacturer. We will not be liable for any warranty claim related costs.
6.2 Any manufacturer's warranty, guarantee or similar assurance applies in addition to your legal rights if you are a consumer.
7. Cancellation, Returns & Refunds
7.1 You may cancel your order and return the items purchased to us by giving us notice of cancellation within 14 days of the date of delivery to you. In relation to goods delivered to you, you may need to take delivery of the goods before you can cancel your order if the goods are placed into our delivery process before we receive your notice of cancellation. Where your order comprises multiple delivery shipments, the 14 day cancellation period for the goods in your order runs from the date of the delivery of the last shipment to you.
7.2 You will lose your right to cancel after the expiry of the 30 day period referred to in clause 7.1 (this does not affect your rights if there is any problem with the goods).
7.3 To exercise your right to cancel, you may inform us of your decision to cancel by email or through the channel you purchase on as set out below at clause 14.
7.4 On cancellation for whatever reason, where you have received the goods you must return the goods to us (together with the original packaging) without undue delay and in any event within 14 days after the day of the cancellation at your cost (subject to clause 7.11), unless we agree that you may dispose of them, in which case please comply with the manufacturer’s instructions before disposing of hazardous goods. You must return goods with all components and also any promotional items received (including free gifts) or discounted additional products. For more information on the ways in which you can return the goods you have received, please see the Returns section of our website.
7.5 Following cancellation, subject to clause 7.7, we will refund you the price paid for the cancelled order (or part of the order cancelled). Where you cancel the entire order, we will also refund the standard delivery charges (or an amount equal to the standard delivery charges if you elect to use a more expensive delivery method) paid. Where you cancel part of an order, we will not refund the delivery charges. We will pay the refund within 14 days after the day:
7.5.1 you notified us to cancel your order, where you have not received the goods; or,
7.5.2 we receive the goods you returned to us, where you are in receipt of the goods; or
7.5.3 you provide us with a proof of return for the goods, where you have returned the goods but we have not yet received them.
7.6 We will refund you using the same means of payment as you used to pay for your order or purchase.
7.7 We reserve the right to make a deduction from the amount of the refund for loss in value of the goods returned where the goods show signs of unreasonable use; for these purposes, unreasonable use includes handling the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods; this includes where fitment of the part to a vehicle has been attempted and oil, grease, fluid or fuel is on the part or the box. We may withhold any refund until we have received the goods or you have supplied proof of return for the goods. You are responsible for the goods until they arrive into one of our employees hands.
7.8 Your right of cancellation does not apply to any electronic items or sensor that are deemed faulty but are not accompanied by a diagnostic reading from the appropriate diagnostics system showing the original fault code in the vehicle (please ensure that you obtain a copy of this from your mechanic/fitter). Your right of cancellation does not apply to parts which have had the product box/packaging opened and cannot be returned to manufacturer for refund or credit.
7.9 Where the goods are being returned because they are faulty or not the exact product ordered, we will meet the cost of return delivery but we ask that you allow us to nominate the carrier. Your right to return goods in these circumstances is not limited to the 30 day period in clause 7.1. Cost of delivery will not be covered if the purchase did not fit your vehicle, however the part you ordered was delivered.
7.10 Without prejudice to your right to cancel orders generally under this clause 7, if you have notified us of a problem with the goods within 30 days of delivery or collection, we may at our option either offer to make good any shortage or non-delivery; replace or repair any goods that are damaged or defective upon delivery or collection; or cancel the order (or part of the order affected) and refund to you the amount paid by you for the goods in question.
7.11 If an item develops a fault after 30 days following delivery, and where the manufacturer has provided a helpline, repair service or warranty, you should contact the manufacturer direct.
Legal Rights as a Consumer
7.12 The provisions of this clause 7 do not affect your legal rights if you are a consumer.
8.1 If you purchase goods from us as a consumer (which means anyone who acts outside the course of their business, trade or profession), to the extent not prohibited by law, we accept no liability for any:
8.1.1 loss which is not foreseeable (loss is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you and we entered into our contract);
8.1.2 loss which arises when we are not at fault or in breach of these Terms and Conditions; and
8.1.3 business loss (which includes loss of profits, loss of business, contracts, goodwill, business opportunity and other similar losses, as well as business interruption).
8.2 If you are a trade/business customer, we shall have no liability to compensate you (whether in contract, tort (including negligence), breach of statutory duty or otherwise), other than any refund we make under these Terms and Conditions or otherwise at our discretion.
8.3 Without prejudice to clause 8.2, if you are a trade/business customer, we shall not be liable to you(whether in contract, tort (including negligence), breach of statutory duty or otherwise)for any: (i) loss of profits, business, contracts, goodwill, business opportunity and other similar losses, or any business interruption; or (ii) indirect or consequential loss, neither will we be liable to you for any other loss which is not a foreseeable consequence of us being in breach of these Terms and Conditions or our legal duties.
8.4 If you are a trade/business customer, you acknowledge and agree that these Terms and Conditions constitute the entire and only agreement between us.
8.5 Nothing in these Terms and Conditions is intended to affect your legal rights if you are a consumer, nor is it intended to exclude or limit our liability to you for fraud, fraudulent misrepresentation, for death or personal injury resulting from our negligence or for any other liability which cannot be limited or excluded as a matter of applicable law.
8.6 Goods are intended for use in the UK only and we cannot confirm that the goods comply with any laws, regulations or other standards applicable outside the UK. All goods are sold in accordance with the manufacturer’s specifications and are subject to any qualifications, representations or instructions contained in the documentation associated with the goods.
8.7 If you are a trade/business customer and subject to clause 8.5, we will not be responsible to you or, in the event that you are undertaking work for another person, to any other person, for the use or installation of any goods by you. Accordingly, if you are a trade/business customer, you hereby agree to hold us harmless from and indemnify us against any liability associated with, any claim or allegation that we are responsible for any failings in the installation or use of goods that we supply.
9. Minimum Age Requirements for Specific Goods
9.1 Where you place an order for or otherwise purchase age-restricted goods such as solvents and knives, you confirm that you are over the age of 18 and that (where applicable) delivery will be accepted by a person over the age of 18. We reserve the right to cancel your order or purchase if we reasonably believe you do not meet the age restrictions for certain goods.
10.1 We may suspend further supply or delivery, stop any goods in transit or terminate our contract by notice in writing to you if you are in breach of an obligation hereunder or you become unable to pay your debts when they fall due or proceedings are or are reasonably likely to be commenced by or against you alleging bankruptcy or insolvency or an administrator, receiver or administrative receiver is appointed or is reasonably likely to be appointed over all or part of your undertaking and assets. Upon termination, any payments you owe to us (even if they are not yet due for payment) will be immediately due and payable and we shall be under no further obligation to supply goods to you.
11. Force Majeure
11.1 We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered hereunder or for any other liability, in each case that is caused by any event or circumstance beyond our reasonable control (including, without limitation, accidents, extreme weather conditions, fire, explosion, flood, storm, earthquake, natural disaster, failure of telecommunications networks, inability to use transport networks, mechanical failures, acts of God, terrorist attack, war, civil commotion, riots, strikes, lockouts and other industrial disputes, acts or restraints of Government, and imposition or restrictions of imports or exports).
12.1 If any provision of these Terms and Conditions (including any provision in which we exclude or limit our liability to you) is found to be invalid, illegal or unenforceable, the validity, legality or enforceability of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected. Our contract shall be governed by and interpreted in accordance with English law.
13.1 The information contained in the Website is for information purposes only and, although we have made every effort to ensure the correctness of the information contained herein, the information available through the Website is provided "as is" and "as available" and without warranties or conditions of any kind either express or implied. We do not warrant or represent that the use or the results of the use of the materials available through the Website or from third parties will be correct, accurate timely, reliable or otherwise. We accept no liability in relation to any of the above other than as may be provided for under your statutory rights
14. Contact Details
15.1 We understand our customer’s concerns regarding privacy and are fully committed to protecting it. The information we collect about you is firstly, to process your order and secondly to enable us to provide you with the best possible service. We will only use this information lawfully and in accordance with the Data Protection Act 1998. The type of information we collect includes your name and address, phone number, e-mail address, delivery address if different to your home records of any purchases you make from us. The information we hold about you will be accurate and up to date and you may check it by e-mailing us. If you find any inaccuracy we will delete or correct it promptly. Any information you supply to us is stored on a secure server and we follow strict procedures to prevent any unauthorised access. Partsinmotion.co.uk do not sell or trade in any way, your personal information to others. Data collected by this site is used to: a) Take and fulfil customer orders b) Administer and enhance the site and service c) Only disclose information to third-parties for goods delivery purposes.
15.2 Information we do not collect: We do not store any credit or debit card details of our customer. All transactions are handled by PayPal.