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Conditions of Use

Tractor Spare Parts Ltd
Terms and Conditions
 
1             These terms and Conditions
 
1.1        What these terms cover. These are the terms and conditions on which we supply products to you, the buyer.      
1.2        Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
1.3        Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
1.3.1     You are an individual.
1.3.2     You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
1.4        If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
 

2             The contract between us

2.1        We must receive payment of the whole of the price for the goods that you order before your order can be accepted. If you make an order through our website we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us.
2.2        Who we are.  We are Tractor Spare Parts Limited, a limited company in England and Wales. Our registered address is Wesleyan House, Alstonefield, Ashbourne, Derbyshire, DE6 2FY.
2.3        How to contact us. We can be contacted by email or by telephone using the details supplied on our website or by writing at the above address.
2.4        How we may contact you.  If we need to contact you it will be by telephone or by email or by writing using the details provided to us when you placed your order.
2.5        Writing includes email.  Where the term writing or written is used in these terms, this includes emails. 
 

3             Price

3.1        The prices payable for goods that you order are as set out in our website or as advised over the telephone at the time you make your order.  All sales are in pounds sterling.  All invoices will be in pounds sterling.
3.2        You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations.  Our delivery charges are set out on our website or as advised over the telephone at the time you make your order.
3.3        We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
3.4        When you must pay and how you must pay. We accept payment with PayPal and by the following card payments: Visa, Visa Debit, Electron, MasterCard and Maestro. All transactions should be in pounds sterling unless agreed by us prior to your purchase.  When you must pay depends on what product you are buying:
3.4.1     Goods: you must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
3.5        Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
3.6        We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 2.5% per month from the date 2 months after the invoice was sent to you. This interest shall accrue from that date until the date of actual payment of the overdue amount, whether this is before or after a Court judgment. You must pay us interest together with any overdue amount.
3.7         What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
3.8         What happens if we got the price wrong? It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.

 

4             Delivery of goods to you

4.1        We will deliver the goods ordered by you to the address you give us for delivery, whether in the United Kingdom or Overseas, at the time you make your order.
4.2        Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of your order, unless we contact you to advise otherwise.
4.3        You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
4.4        If you place an order from outside of the United Kingdom, unless we contact you to say otherwise, the order will be delivered using UPS.   The goods will be deemed to be delivered when they are placed at your disposal.
4.5        When purchasing from overseas you will be responsible for all taxes, import taxes or otherwise and any duties and customs duties applicable in the country of delivery.

 

5             Condition or Warranties

5.1        Many of the goods we supply are original parts for vintage and classic tractors. If these parts are no longer made by the manufacturer we will, where possible, supply unused parts that have been in storage. In most cases these parts will no longer be subject to the manufacturer’s original guarantee.
5.2        If unused parts are not available we will supply used goods. When we supply used goods, this will be clear at the time you make your order.
5.3        In certain circumstances we will provide re-conditioned goods. When we supply re-conditioned goods, this will be made clear to you at the time you make your order. Re-conditioned goods are usually supplied with a 12 month guarantee from the organisation that has undertaken the re-conditioning work.
5.4        If you order goods of the type described at 5.1, 5.2 and 5.3 above we supply them subject to no conditions and warranties whether express or implied and it is your duty to examine the goods for defects and act in accordance with clause 6.1 below if appropriate. You also agree and declare that we supply such goods without any condition that they are fit for any particular purpose and you admit that this provision has been brought to your notice and made clear to you by us.

 

6             Liability

6.1        If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we will have no liability to you, save for reference to clause 10 below, unless you notify us in writing at our contact address of the problem as soon as possible and, in any event, within 14 working days of the delivery of the goods in question, whether you have ordered from the United Kingdom or from overseas.
6.2        If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we will have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the goods.
If you notify a problem to us under this condition, our only obligation will be, at your option:
6.2.1     to make good any shortage or non-delivery;
6.2.2     to replace or repair any goods that are damaged or defective; or
6.2.3     to refund to you the amount paid by you for the goods in question in whatever way we choose.
6.3        Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we will have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 6.2.3 above.
6.4        You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site.  The importation or exportation of certain goods to you may be prohibited by certain national laws.  We make no representation and accept no liability in respect of the export or import of the goods you purchase.
6.5        Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
 

7             Your rights to end the Contract  

7.1        You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
7.1.1     If what you have bought is faulty or misdescribed you may have a legal right to end the contract or to get the product repaired or replaced or a service re-performed or to get some or all of your money back, see clause 10 if you are a consumer and Clause 11. if you are a business;
7.1.2     If you want to end the contract because of something we have done or have told you we are going to do, see Clause 7.2;
7.1.3     If you are a consumer and have just changed your mind about the product, see Clause 7.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
7.1.4     In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clauses 7.7 and 7.8.
7.2        Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (7.2.1) to (7.2.5) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
7.2.1     we have told you about an upcoming change to the product or these terms which you do not agree to;
7.2.2     we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
7.2.3     there is a risk that supply of the products may be significantly delayed because of events outside our control;
7.2.4     we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 12 weeks; or
7.2.5     you have a legal right to end the contract because of something we have done wrong.
7.3        Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
7.4        When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of:
7.4.1     Any product which you ask us to make for you and/or any product which has been made or altered to fit or retrofitted to your tractor.
7.4.2     Any products which become mixed inseparably with other items after their delivery.
7.5        How long do consumers have to change their minds? If you are a consumer how long you have to change your mind depends on what you have ordered and how it is delivered.
7.5.1     Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery.
7.5.2     Your goods are for regular delivery over a set period (for example 6 weeks). In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.
7.6        Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind (see Clause 7.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund

 

8             How to end the contract with us (including if you are a consumer who has changed their mind)  

8.1        Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
8.1.1     Phone or email. Call customer services on 01335 310538 or email us at sales@tractorspareparts.co.uk.  Please provide your name, home address, details of the order, your order number and, where available, your phone number and email address.
8.2        Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us at the address at Clause 2.2 or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on 01335 310538 or email us at sales@tractorspareparts.co.uk for a return label or to arrange collection. If you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
8.3        When we will pay the costs of return. We will pay the costs of return:
8.3.1     if the products are faulty or misdescribed;
8.3.2     if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; orIn all other circumstances including where you are a consumer exercising your right to change your mind you must pay the costs of return.
8.4        What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.  The costs of collection will be the same as our charges for standard delivery, see https://www.tractorspareparts.co.uk/delivery.
8.5        How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
8.6        When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind:
8.6.1     We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
8.6.2     The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
8.6.3      When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then:
8.6.4     If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 8.2.
8.6.5     In all other cases, your refund will be made within 14 days of your telling us you have changed your mind

 

9             Our rights to end the contract  

9.1        We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
9.1.1     you do not make any payment to us when it is due and you still do not make payment within 3 days of us reminding you that payment is due;
9.1.2     you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products.
9.1.3     you do not, within a reasonable time, allow us to deliver the products to you or collect them from us;
9.1.4     you do not, within a reasonable time, allow us access to your premises to supply the services; or
9.2        You must compensate us if you break the contract. If we end the contract in the situations set out in Clause 9.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract
9.3        We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 7 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.

 

10          Your rights in respect of defective products if you are a consumer  

10.1     If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.
10.2     Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 01335 310538 or email us at sales@tractorspareparts.co.uk for a return label or to arrange collection.

 

11          Your rights in respect of defective products if you are a business  

11.1     If you are a business customer we warrant that on delivery, and for a period of 1 month from the date of delivery (warranty period), any products which are goods shall:
11.1.1 conform with their description;
11.1.2 be free from material defects in design, material and workmanship;
11.1.3 be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
11.1.4 be fit for any purpose held out by us.
11.2     Subject to Clause 11.3, if:
11.2.1 you give us notice in writing, during the warranty period, within a reasonable time of discovery that a product does not comply with the warranty set out in Clause 11.1;
11.2.2 we are given a reasonable opportunity of examining such product; and
11.2.3 you return such product to us at our cost;
11.2.4 we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.
11.3     We will not be liable for a product’s failure to comply with the warranty in Clause 11.1 if:
11.3.1 you make any further use of such product after giving a notice in accordance with clause 11.2.1;
11.3.2 the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
11.3.3 the defect arises as a result of us following any drawing, design or specification supplied by the Customer;
11.3.4 you alter or repair the product without our written consent; or
11.3.5 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
11.4     Except as provided in this Clause 11  we shall have no liability to you in respect of a product’s failure to comply with the warranty set out in Clause 11.1.
11.5     These terms shall apply to any repaired or replacement products supplied by us under Clause 11.2.

 

12          Our responsibility for loss or damage suffered by you if you are a consumer  

12.1     We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
12.2     We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at Clause 10.1 and for defective products under the Consumer Protection Act 1987
12.3     We are not liable for business losses. If you are a consumer we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in Clause 13.

 

13          Our responsibility for loss or damage suffered by you if you are a business  

13.1     Nothing in these terms shall limit or exclude our liability for:
13.1.1 death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
13.1.2 fraud or fraudulent misrepresentation;
13.1.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
13.1.4 defective products under the Consumer Protection Act 1987; or
13.1.5 any matter in respect of which it would be unlawful for us to exclude or restrict liability.
13.2     Except to the extent expressly stated in clauses 11.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
13.3     Subject to Clause 11.1:
13.3.1 we shall not be liable to you, 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 any contract between us; and
13.3.2 our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited the total sums paid by you for products under such contract.

 

14          Notices

Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at Tractor Spare Parts Limited, Wesleyan House, Alstonefield, Ashbourne, Derbyshire, DE6 2FY and all notices from us to you will be displayed on our website from to time.

 

15          Events beyond our control

We will have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

 

16          Invalidity

If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

 

17          Privacy

You acknowledge and agree to be bound by the terms of our Data Protection Privacy Policy.

 

18          Third party rights

Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

 

19          Governing law

The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us, regardless of whether you are a consumer or a business.

 

 

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Contact

Wesleyan House
Alstonefield, Ashbourne
Derbyshire, DE6 2FY
United Kingdom

Call: +44 (0)1335 310538