TERMS AND CONDITIONS
1. CONTRACTS
(a) Contracts are made and orders accepted only upon and subject to these conditions of sale. All other conditions are hereby excluded unless expressly accepted in writing by Fiennes Parts Ltd (hereinafter called "the Seller").
(b) No quotation, estimate or tender given or made by the Seller shall form an offer capable of acceptance
by the Buyer. A binding contract for sale shall only be created upon the acceptance in writing by the Seller of the Buyer's order or other offer to purchase together with payment in full of the contract price in accordance with the next following clause.
2. PRICES AND PAYMENT
(a) The right is reserved to alter the price to take account of any alteration in the rates or the imposition of any Value Added Tax or similar sales tax now or hereafter imposed.
(b) The price shall be payable in full and in advance with the order
3. CONDITIONS AND WARRANTIES
(a) Whilst all descriptions and illustrations of the goods in, inter alia, catalogues, brochures and price lists provided by the Seller have been carefully prepared they are intended nevertheless for general guidance only and do not form part of any contract for sale of goods and no responsibility is accepted for any errors or omissions therein or for any loss or damage resulting from reliance on such descriptions and illustrations.
(b) No condition is to be made or to be implied nor is any warranty given or to be implied as to the life of the goods supplied or that they will be suitable for any particular purpose or use under any specific conditions notwithstanding that such purpose or conditions may be made known to the Seller.
4. DELIVERY
(a) No claim for damage in transit, for shortage in delivery or for loss of goods will be entertained unless in the case of damage the goods must have been inspected upon delivery and signed damaged on the proof of delivery document. Written notice must be submitted within 3 working days of the receipt of goods, followed within fourteen days by return of the goods to the seller: or in the case of loss of goods notice in writing is given to the Seller within a reasonable time of the Buyer becoming aware of the loss.
(b) The Seller's liability for damage or non-delivery of goods duly notified in accordance with the above shall in any event be limited to replacement of the goods within a reasonable time (or at the Seller's option refunding the price thereof) whether the damage or non-delivery is due to the Seller's negligence or otherwise.
6. PASSING OF PROPERTY
(a) Ownership of the goods shall not pass to the Buyer until they are fully paid for but the risk in the goods shall be borne by the buyer from the date of delivery by the Seller to the Buyer.
(b) Until the goods are paid for in full by the Buyer the Seller shall at its absolute discretion be at liberty either to recover the goods or maintain an action for the price of the goods.
7. STRIKES. LOCKOUTS ETC.
The seller shall not be liable in the event of non fulfilment of a contract owing to act of God, war, disease, strike, lock outs, fire or any other accident or incident of any nature whatever beyond the control of the Seller.
8. ENGLISH LAW
These conditions and the contract shall be subject to and construed in accordance with English Law.
IMPORTANT INFORMATION FOR CUSTOMERS
1) PAYMENT
All goods will be the subject of a Sales Invoice. Please note that all invoiced values are given in Pounds Sterling (UK£). Due to increased levels of security being imposed by credit card companies we recommend that you notify your bank or credit card provider that an application will be submitted from Fiennes Parts Ltd for payment of your account.
Preferred payment methods:
a) Electronic bank transfer (bank details available on request.)
b) Debit card and credit card.
2) INTERNATIONAL CARRIERS
If you wish goods to be delivered to you by an international carrier such as UPS, please note that they will not deliver to a Post Office Box number. In addition they will request a telephone number by which you can be contacted, in case there is a query either about Customs clearance or delivery. We reserve the right to make a charge to cover packing and inspection procedures which are applied by a carrier in some circumstances.
Due to the high value of some of the orders we despatch, consignments are covered by our own insurance.
3) MULTIPLE PACKAGING TO AVOID CUSTOM CHARGES
Some countries to which we send parts allow packages through their Customs without imposing Customs or import duty provided that the value of the goods within the parcel does not exceed a threshold value. It is a good policy to establish whether your Customs apply such a system, and if so it can be worth despatching parts to you in several smaller parcels each of which is below the Customs threshold, rather than a single more expensive consignment which might incur duty.
4) DESCRIPTION OF CONTENTS
Generally we describe the contents of the parcels we send overseas as ‘Antique Auto Parts’ or similar, in the expectation that the Customs may look more favourably on such items than if the contents had a more obviously commercial purpose.
5) GOODS SENT OR RETURNED TO US BY CLIENTS OUTSIDE THE EEC
All goods except gifts (see below) sent to the UK from outside the EEC will give rise to charges on entry in to the UK, as follows :
Import handling charge
All goods which are processed through the Customs are subject to a handling charge levied by the importing agency. This charge may go by other descriptions, but it covers the costs of the documentation and procedures that are required to be completed during the importation process.
Customs Duty
All goods which are processed through the Customs are likely to give rise to a Customs charge or import duty and VAT. This can be kept to a minimum if in the following situations the recommended guidelines are followed:
A) Returned goods
This relates to goods which we have despatched to an address outside the EEC, and which are subsequently returned to us for whatever reason. When the goods were originally despatched they will have been the subject of a sales invoice which should refer specifically to the items in question. We can substantiate from our records that the goods were indeed supplied to you as part of a sale should a Customs Officer seek justification for the return.
**It is most important that the packaging containing the returned goods has with it documentation that clearly states that the items within the package were originally sent to you from the UK, and they are being returned to Fiennes Parts Ltd for a specific reason which should be stated.
All returned items must be accompanied by the original invoice(s) on which they were supplied. Returned Items may be subject to incoming duties and taxes, all of which will be borne by the customer, and are strictly non-refundable.
B) Supply and return of goods on an exchange basis.
If we are supplying you with overhauled or reconditioned part(s) on an exchange basis, you are required to send us your original part(s) before the overhauled or reconditioned part(s) is sent to you. On entry into the UK original parts are likely to be subject to import duty, VAT and customs clearance fees based on the declared value of the original parts. These fees will be charged to the customer.
Payment of charges
Please note that all charges made by UK Customs and the importing Agent (UPS, Fed Ex, Post Office etc) will be the responsibility of the sender, and will be charged accordingly.
6) AVAILABILITY OF ITEMS LISTED
Those items which are priced are either in stock at the time of preparation of the price list, or fresh stock is awaited. Items which are not priced are scheduled for manufacture in the future. The relative priority assigned to items in this category is governed partly by the level of demand – if you require a component which is not currently available please let us know.
We are happy to manufacture new parts on a one-off basis, but this can be very expensive. We prefer to manufacture in small batches and keep some “on the shelf”. The rate at which new batches become available is governed not only by demand, but also by budgetary considerations. These limitations mean that it is not always possible to complete parts as quickly as we or our customers would like.
7) PRICES AND VAT
We endeavour to hold prices as listed, but they may be subject to alteration without notice. To avoid any misunderstanding please check prices before ordering. All prices are given in pounds Sterling.
Prices do not include VAT. VAT will be charged at the rate current on the date of invoice on all goods delivered within the UK, and also within the EEC unless the customer is VAT registered. VAT is due on all packing and delivery charges.
Overseas sales : VAT is not charged on goods despatched by ourselves to an address outside the EEC. Should goods be collected from us by an overseas visitor to the U.K. for subsequent export, VAT will be charged. The amount of VAT will be refunded on receipt of proof of export when all the conditions of the VAT Retail Export Scheme are met.
8) POSTAL AND PACKING CHARGES
Postage and packaging charges apply to all orders.
9) RETURNS
We hope you are delighted with the products you have purchased from us. If for any reason you want to return something you can do so subject to the following conditions:
1. The item(s) is in stock condition i.e. as it was when it was delivered to you.
2. You inform us of your desire to cancel within 14 calendar days of delivery of the product(s).
3. Goods are returned within 14 calendar days of cancellation.
4. You are responsible for any return delivery charges, including import duties and taxes and these charges will be deducted from any refund. You are responsible for the goods until they are returned safely to us, therefore you may wish to send them by an insured delivery method.
5. We can reduce the amount of money refunded for goods returned which show evidence of use beyond the handling necessary to see whether the goods were as expected.
Exclusions
Built-to-order items and special order items are not returnable.
Please note that individual components of kits cannot be returned for credit.
Errors and omissions
Please check your order immediately on delivery. Any shortages or discrepancies must be reported to us within 48 hours of receipt of delivery. Please send an email to emily@fiennesparts.uk
Faulty item
If you believe a part to be faulty please send an email to emily@fiennesparts.uk immediately.
10) MAIL ORDER INVOICES
Please note that whenever we despatch parts to you the Invoice forms the label for delivery, attached to the outside of the parcel or packet. If you have received the goods you have also received the invoice.
Do not dispose of the packaging before you have recovered the invoice.