TERMS AND CONDITIONS
‘The Seller’ means Pinns Automotive, Pinns means “Pinns Automotive” (Trading name of Seth Trading Ltd)
‘The Buyer’ means the company, person, firm or other legal entity placing the order and acceptable to the Seller.
‘The Goods’ means the goods, products and materials which are to be supplied by the Seller to the Buyer and shall include services when specified.
‘The Contract’ (if any) means any contract relating to the Goods made between the Seller and the Buyer and shall incorporate the ‘Quotation’ (if any) and these Standard Conditions of Sale.
‘The Quotation’ (if any) means the written proposal from the Seller to the Buyer for sale of the Goods, and shall include these Standard Conditions of Sale insofar as they are not expressly varied in the Quotation.
“Territory” means England, Scotland and Wales; and “Commercial Terms” such as FOB or CIF shall have the meaning conferred upon them by Incoterms 2010
“Trading name fo Seth Trading Ltd
Access to and use of this website both within the UK and internationally is provided by Pinns Automotive on the terms set out below. These terms are subject to change from time to time without notice so should be checked regularly. Continued use of this website will be deemed acceptance of the updated or amended terms.
Products, Prices and Payment
Each product purchased is sold subject to its Product Description. We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the website as up to date as possible, the information, including Product Descriptions and Product Images, appearing on this website at a particular time may not always reflect the position at the exact moment you place an order. We reserve the right to withdraw any products from this Website or Catalogues at any time and/or remove or edit any materials or content on this Website and Catalogues.
All prices, UK and Export are subject to change/adjustment without notice. Prices are correct at the time of publication or upload to our website. We are unable to process your order until your payment method has been received. We accept most major Credit / debit cards, Cheques (made payable to Pinns Automotive), Bank transfer, PayPal, Cash and Postal Orders.
We do our best to ensure that all prices on our web site are up to date and current at all times. However despite our best efforts some may be incorrect. Please be assured however that as part of our order checking and despatch processes we do verify our prices. In the event that the price is lower than our stated price, we charge the lower amount and still send you the product. In the event that the current price is higher than our stated price, we will contact you to discuss this. We do however reserve the right to withdraw the product from sale at the incorrect price and cancel your order.
Any bank or other charges on negotiable instruments in respect of Export payments are payable by the customer. The Company reserves the right to charge interest on overdue payments at 15% per annum from the date they first become overdue. Interest is at the latest charged from the normal due date + 120 days for UK customers or the due date + 150 for export customers.
Payment must be made to Pinns in accordance with its invoice or within 28 days net monthly. Pinns will exercise its statutory right to claim interest and compensation charges under the Late Payment of Commercial Debts (Interest) Act 1998, as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002 on all overdue invoices. Pinns will accept payment by credit or debit cards but reserves the right to recover any charges incurred.
Payment by the Buyer shall be through PayPal except where the company agrees otherwise. In such an event where payment is due 30 days from the invoice the Seller reserves the right to charge interest at the rate of 2.5% per month on any account not paid on due date but this condition shall in no way constitute a right for the Buyer to delay a payment. In the event of 30-day terms this applies 30 days net from date of Invoice, such Invoice is deemed delivered two working days after the date thereon.
Licenses, Taxes and Other Charges
The placing of an order with the Company is deemed to constitute a warranty and representation by the Buyer that every applicable license (import or otherwise), foreign exchange control authorisation or any other authorities that may be required in connection with the goods supplied have been or will be duly obtained by and at the expense of the Buyer.
Unless otherwise agreed in writing the contract price does not include Value Added Tax (“VAT”) or any other tax or levy on the supply or importation of the goods which shall be charged extra. Insofar as the Buyer is situated in another member state of the European Community, with effect from 1st January 1993 and until completion of the Internal Market of the European Community, VAT will be added to the contract price automatically unless the Buyer provides its VAT registration details and all other appropriate information to the Company.
The Basic Tax Point for VAT (where applicable) is the invoice date.
All orders are processed in GBP (Pounds Sterling). Please contact your bank, PayPal or your card issuer for the exact exchange rate at the time and/or other charges, which may apply. We try our very best to make sure all parts and accessories that are advertised on our website and in catalogues are in stock, ready to order. However, due to the nature of our business, dealing in a huge selection of parts, spares and accessories it is inevitable that some of our products can go out of stock very quickly. We stock over 1000 items and it is sometimes very difficult to keep every item in stock at all times. We are sometimes dependent on our own suppliers to keep and deliver stock to us. Please do not use the website as a guarantee that parts are in stock.
Orders are usually dispatched within 1 – 5 days. Please allow up to 10 working days in busy periods i.e. Christmas. Delivery times can vary but as a rough guide please allow 10 working days for Royal Mail deliveries, 1 – 2 working days for courier deliveries. Please also be aware that deliveries to offshore may take longer i.e. Eire, Northern Ireland, Isle of Wight, Isle of Man and the Scottish Highlands.
In the unlikely event that your goods do not arrive within these times, please contact us via telephone or email to confirm your order has been shipped and that we have the correct delivery address.
Unfortunately parcels cannot be declared lost in post until 10 working days have elapsed from the shipping date. We therefore cannot replace your order until the courier or postal services have confirmed that your parcel has been lost/damaged.
Orders are usually dispatched within 1 – 5 working days. Please allow up to 10 working days in busy periods i.e. Christmas. Delivery times can vary but as a rough guide please allow 21 working days for Royal Mail deliveries, 1 – 5 working days for courier deliveries. Please also be aware that deliveries to distant locations may take longer. In the unlikely event that your goods do not arrive within these times, please contact us via telephone or email to confirm your order has been shipped and that we have the correct delivery address. Unfortunately parcels cannot be declared lost in post until 21 working days have elapsed from the shipping date. We therefore cannot replace your order until the courier or postal services have confirmed that your parcel has been lost/damaged. It is your responsibility as the customer to pay all applicable customs fees and taxes for your country. If you refuse to pay these charges then your order may be abandoned and you will lose your goods as well as your money. These taxes are only applicable for non-UK and non European Union countries.
Orders may be rejected as 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.
– A system error – such as automatic confirmation making an error.
– You request delivery outside of UK mainland and do not accept the extra delivery charges.
Out of Stock Items
If at the time of placing an order, an item is not in stock, we will try and inform you. When orders are received and agreed we will ship everything that is in stock. If items that you order are out of stock we will never charge your credit / debit card. Credit / debit cards are only charged at the time your order is ready for despatch. This excludes payments that have been sent via alternative methods i.e. PayPal, Cheques, Cash, Bank Transfer or Postal Orders.
Back orders are generated for any out of stock item that has been ordered. Back orders remain open for 12 weeks before being closed. As soon as out of stock items arrive with us they will be sent straight out without any additional shipping charges. However after the 12-week period, we will notify you by either telephone or email when the goods return to stock.
You must then re-order the goods by placing a fresh order. You may cancel your back order at any time at no cost and with no penalty by contacting us via phone or email. As with all orders you will only be charged when items are ready to be dispatched to you unless you have paid via PayPal, Bank transfer, Cheque, Cash or Postal order. Please note that if you do not cancel your back orders, they will remain an on-going order with us. When canceling a back order with us please make sure you receive confirmation from us that it is cancelled.
Carriage, Risk and Property
- Details of carriage terms are given in the Company’s current price list.
- In the case of U.K. sales, unless otherwise agreed, risk of loss or damage to the goods shall pass to the Buyer when the goods are handed to the carrier for delivery to the Buyer. Subject thereto, where goods are to be carried at the cost of the Company, the Company will bear the risk of loss or damage in transit provided that the Company shall have received written notification of such loss or damage within five days of the date of despatch.
- In the case of Export sales, unless otherwise agreed, Incoterms shall apply and risk of loss or damage to the goods shall pass to the Buyer in accordance with the terms of the shipping documents. The Company does not normally insure the goods during transit abroad.
- Where the goods are to be collected by the Buyer, the Company shall be entitled to treat the contract as repudiated, and re-sell the goods, should the Buyer fail to collect the goods within 14 days of notification by the Company that they are ready for despatch.
- Notwithstanding the passing of risk, the Company retains ownership of the goods the legal and equitable title in which shall not pass to the Buyer until the Company has received payment of the price of all of the goods (whether or not the goods are delivered in installments and some have been paid for by the Buyer) and until such time the Buyer shall hold the goods in a fiduciary capacity for the Company and in particular the Buyer
- a. shall insure the delivered goods against any loss or damage with an insurance office of repute
- b. shall store the delivered goods separately or in some other way ensure that they are readily identifiable as the property of the Company
- c. shall deliver the goods to the Company forthwith on demand and if the Buyer fails to do so the representatives of the Company shall be entitled to enter upon the Buyer’s premises where the delivered goods are or are thought by the Company to be stored for the purpose of repossessing them (including without limitation removing or detaching them from the New Goods as defined in above Clause and subsequently reselling them
- d. shall keep and retain the delivered goods free from any charge lien or other encumbrance thereon.
Transfer of Risk
Risk shall pass to the Buyer on collection of the goods by the carrier from Pinns premises or when collected by the Buyer personally. Goods accepted unchecked or received in a damaged condition from the carrier should be recorded as such on the carrier’s docket at the time of delivery and in the case of shortage or damage to the goods Pinns should be notified by telephone or email within 24 hours of delivery. If not the carrier’s conditions will apply and no liability for short delivery or damaged goods can be accepted.
Cancellations and Returns
If, for whatever reason, you wish to cancel your order please let us know as soon as possible. Once an order has been despatched we are unable to cancel. Please do not refuse to accept delivery of an order as a way of cancellation. If delivery of an order is refused and the goods returned to us by our carriers, we will be charged for this return. In this case will deduct these charges, plus handling charges, from any refund amount.
Under the Consumer Protection (Distance Selling) Regulations 2000 you have a statutory right to cancel your order and receive a full refund if, for any reason, you are not entirely satisfied with your purchase or the goods are faulty or damaged. You must notify us within 7 (seven) working days of receiving the Products. Items must be returned in their original condition and packaging. If the returned items are not in a resalable “as new” condition a refund may not be possible. If items are missing from your order, please notify us as soon as possible. This regulation only covers countries that are member states of the EU. If you are ordering from a member state of the EU other than the UK please check your countries regulations on Distance Selling as this may vary. If you are ordering from a country that is outside of the member states of the EU this regulation is not applicable, but we will do our best to adhere to these guidelines in the way your returns are dealt with.
If you wish to cancel non-stock or special order item, this must be done before the order is placed with our suppliers. Non-stock or special order items that have arrived with us or are being returned will be subject to a handling charge of 18%. This does not apply to faulty or damaged items and normal stock items.
Goods must be returned to our head office within 14 days of notifying our sales advisors. Returns are sent at your own expense. When returning items you are strongly recommended to obtain proof of posting. We cannot accept responsibility for parcels lost in transit. We will only refund the costs of postage where the item returned is faulty or incorrectly supplied.
Delay and Force Majeure
Whilst every effort will be made to comply with any quoted dates given for despatch or delivery, time shall not be of the essence and the Company shall not be liable for any loss or damage caused by delay or failure by the Company in obtaining goods from the Company’s own suppliers, or any loss or damage caused by strikes, lockouts, trade disputes, transport delays, shortages of material, breakdowns, fire, accidents and/or any causes whatsoever beyond the company’s control. Such delay shall not constitute a breach or repudiation of the contract.
In the event of performance of the contract being frustrated or prevented by reason of war, civil commotion or the operation of any statute, order, regulation or promulgation made by any statutory or duly constituted authority whether in the UK or elsewhere, the Buyer shall accept and pay for all goods delivered, work executed and expenses incurred in connection with the contract up to the date of such event, and the Company shall from such date be under no further liability under the contract.
The specifications of the goods shall be those stated in the Company’s current catalogue. Whilst specifications are considered to be correct at the date of printing the Company reserves the right to change specifications of the goods and their packing and presentation without prior notification having regard to the Company’s continuing programme of research and development. Original equipment part numbers are quoted for reference purpose only and are not intended to infer that equivalent replacements are used as original equipment.
Subject to the conditions set out, the Company warrants that the goods will correspond to their specification and will be free from defects in materials and workmanship for a period of six months from the date of delivery, or in the case of goods which have a shorter working life as determined by the Company, three months from the date of delivery (“The Warranty Period”).
If the Company receives written notice during the Warranty Period from the Buyer of any breach of the above warranty then the Company shall at its own expense and within a reasonable time after receiving such notice repair, or at its option replace the goods or otherwise remedy such defect. The Buyer will, at the request of the Company, return such defective goods to the Company carriage paid.
The Company shall be under no liability under the above warranty:
- in respect of any defect in the goods arising from any drawing, design or specification supplied by the Buyer
- in respect of any defect arising from fair wear and tear, wilful damage, negligence of the Buyer, abnormal working conditions, failure to follow the Company’s instructions (whether oral or in writing), misuse or alteration or repair of the goods without the Buyer’s approval, or improper storage.
- where the goods are transported to the Buyer at the Buyer’s risk and the defect occurred during transit
- in respect of non-Pinns branded goods. In that case the buyer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to the Company.
- The Company shall have no liability under the above warranty. If the Company fails to comply with such obligations its liability for such failure shall be limited to the contract price of the goods.
- The express terms of these Conditions of Sale are in lieu of all warranties, conditions, terms, undertakings, and obligations implied by statute, common law, custom, trade usage, course or dealing or otherwise, all of which are hereby excluded to the fullest extent permitted by law. The United Nations Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to orders for goods.
Except in respect of injury to or death of any person caused by the Company’s negligence, or in respect of the Company’s liability under the Consumer Protection Act 1987 for any injury to or death of any person or loss of or damage to property intended for private use caused by a defect in the goods the Company shall not be liable to the Buyer for any loss or damage which arises out of or in connection with the supply of the goods or their use or resale by the Buyer, except as expressly provided in these Conditions of Sale.
These Conditions of Sale shall be subject to and shall be construed in accordance with English law and the High Court of Justice in London shall have non-exclusive jurisdiction over any dispute, which may arise hereunder unless the parties agree otherwise in writing
If the Buyer does not make appropriate arrangements to accept delivery of the Goods in accordance with the Contract within seven days after date of notification that the Goods are ready for shipment, then the Buyer must arrange storage and pay for storage and if the Buyer fails to make such arrangements, then the Seller may arrange storage at the Buyer’s expense without prejudice to the terms of payment.
(i) The Buyer will indemnify the Seller against any loss or damage or injury to persons or property suffered by the Seller and from and against any claim in respect of loss, damage or injury to persons or property made against the Seller by third parties and any costs and expenses arising in connection therewith (including fees and expenses of attorneys) which result from Buyer’s failure to comply with of the terms of the order or result from Buyer’s negligence of which result from the Buyer’s incorporation of the Goods into any other product (in the latter event, not if the defect is the Seller’s responsibility).
(ii) The Buyer will indemnify the Seller against all claims, costs and expenses resulting from any infringement of patents, registered trademarks or names registered designs, unregistered design rights, copyright, or any passing off action, or license arrangements and assist in the defence of any actions brought against the Seller insofar as any infringement is due to designs or specifications provided by the Buyer.
(iii) Without prejudice to (i) and (ii) above the Seller reserves the right to cease work on any order being carried out if it should have reason to believe that the Goods are subject to an infringement claim, in which case title to the work done shall not pass to the Buyer (except at the Seller’s discretion) and the Seller shall be entitled to be paid for the work done and materials supplied
Retention of Title
The property in the goods will pass to the Buyer only when payment is made in full on the relevant order. Pinns shall be entitled to recover full payment even though the property in the goods has not passed from Pinns. If the Buyer in the ordinary course of his business sells on goods prior to full payment to Pinns then he/she does so on his/her own behalf and as principal and must hold the proceeds of such sale on trust for Pinns in a separate account. In the event of the Buyer’s actual or apparent bankruptcy or insolvency Pinns may terminate these Terms and Conditions and where full payment has not been received, repossess the goods.
Promotions, Discounts and Special Offers
We do offer special offers, discount vouchers and promotional items to our customers either on the website, our Facebook page or printed media. These discounts will be usable on most of our stock items but not all. If a there is an exception, this will be printed or displayed with the promotion at the time of publishing. If you have an enquiry about a promotion, discount or special offer, please contact us.
We reserve the right to withdraw any promotion, discount or special offer at any time without notice or reason.
In the event a product is listed at an incorrect price due to typographical error Pinns shall have the right to refuse or cancel any orders placed for product listed at the incorrect price.