Terms and Conditions
1 About us
We are Tuning UK (Tractor Tuning UK) And we are based in the United Kingdom. Our office address is Unit 6 River Bank Court, Chivenor, Devon , EX31 4FY Our VAT Number is GB400369825
2 How To contact us
You can contact us by sending an email to ed@tractortuninguk.co.uk or calling us on 07919181218
3 These terms
3.1 These terms apply to any purchases you make with us. Please read these terms carefully before you place any orders with us, as they set out important information about your and our rights and obligations. Please note that you must agree to these terms before you place your order. PLEASE SPECIFICALLY REFER TO CLAUSE 5 (TITLED “RISKS OF THE SERVICES”).
3.2 For the purposes of these terms, you are a ‘consumer’ if you are buying services or goods from us or from our website as an individual for purposes wholly or mainly outside of your trade, business, craft or profession. You are a ‘business customer’ if you are buying services or goods from us or from our website for purposes relating to your trade, business, craft or profession. Some terms only apply to your order if you are a consumer and other terms only apply to your order if you are a business customer, so please make sure you read these terms carefully.
3.3 Any reference to ‘we’, ‘us’ or ‘our’ in these terms is to Tuning UK, and any reference to ‘you’ or ‘your’ is to the person placing an order with us.
3.4 You must be a resident of the UK to place an order with us. If you are a business customer placing an order on behalf of a business, you confirm that you have authority to place such order for and on behalf of that business.
3.5 We may make changes to these terms at any time. However, the terms which apply to your order will be those in force at the time you submitted your order to us.
3.6 Please print out or save a copy of these terms and any emails from us for your records, as we will not save or file a copy for you. These terms are only available in English.
4 Orders
4.1 Below, we set out how a legally binding contract between you and us is made.
4.2 Any quotation given by us before you make an order for services and/or goods is not a binding offer by us to supply such services and/or goods.
4.3 When you decide to place an order for services and/or goods, either with us directly, by telephone or on our website, this is when you offer to buy such services or goods from us.
4.4 Any acknowledgement by us of your order, either in person, by telephone or email, does not mean that your order has been accepted by us. Your order is an offer to buy services or goods from us on these terms.
4.5 Acceptance of your order by us takes place at the time when we send you an order confirmation email, at which point a legally binding contract is formed between you and us on these terms.
4.6 If we do not accept your order, for example because we are unable to take payment, the services or goods are unavailable, you are under 18 or live outside of the UK, or there has been a mistake regarding the pricing or description of the services or goods, we will email you using the details you provided when you placed your order. We have the right to reject any order for any reason.
4.7 If we are making any bespoke or personalised goods for you which are based on measurements or other information you provide to us, you are responsible for ensuring that the information is correct.
5 Risks of the services and goods
By presenting your vehicle for us to complete the services or by purchasing any goods from us, you acknowledge, agree and accept that:
5.1 any modification (services or goods) that affects the emission standard of a vehicle means it will not be roadworthy and you must use some form of vehicle transportation, for example, when collecting your vehicle or driving it on the road as it will be illegal for you to drive it on the roads;
5.2 it is your responsibility to ensure that your vehicle is in a good and healthy condition before we commence any services or any goods bought are installed;
5.3 despite our skill and experience in providing the services and goods, the act of tuning and/or modifying a vehicle inherently carries an element of risk to a vehicle, including but not limited to mechanical damage, damage or corruption to a control unit and excessive wear to components;
5.4 we do not accept liability for any subsequent damage, premature wear and tear, or any other failures within your vehicle that arise as a result of the services that have been completed on your vehicle or goods installed to your vehicle;
5.5 you have sufficient experience and/or skill to drive a tuned/modified vehicle; and
5.6 it is your responsibility to ensure your vehicle insurance is valid following the completion of the services or goods installed.
6 Faulty services or goods —consumers
This clause 5 only applies to you if you are a business customer.
6.1 We warrant that the services will be:
6.1.1 performed with reasonable care and skill within the meaning of section 13 of the Sale of Goods and Services Act 1982; and
6.1.2 free from material defects at the time the services are completed, subject to the exclusions listed in clause 6.1.
6.2 We warrant that any goods you purchase will, for a period of one month from the date of delivery (as described in clause) (Goods Warranty Period):
6.2.1 conform in all material respects to their descriptions on the website, or that which we provide to you;
6.2.2 be free from material defects in design, material and workmanship; and
6.2.3 be of satisfactory quality within the meaning of the Sale of Goods Act 1979.
6.3 We will (in each case at our option):
6.3.1 remedy or re-perform any services that do not comply with clause 5, provided that you notify us by email to ed@tractortuninguk.co.uk within 7 calendar days from the date that the services are completed; or
6.3.2 repair or replace any goods that do not comply with clause 5, provided that you notify us by email to ed@tractortuninguk.co.uk within the Goods Warranty Period.
6.4 Should you have any issues with the goods following the Goods Warranty Period, you may be able to obtain a remedy directly from the manufacturer under its warranty (if applicable). 6.5 Except as set out, we give no warranties and make no representations in relation to the services or goods, and all warranties and conditions (including the conditions implied by sections 1-14 of the Supply of Goods and Services Act 1982 and any implied terms relating to the ability to achieve a particular result), whether express or implied by statute, common law or otherwise are excluded to the extent permitted by law.
7 Events beyond our control
We are not liable to you if we fail to comply with these terms because of circumstances beyond our reasonable control.
8 Our liability to consumers
This clause 9 only applies to you if you are a business customer.
9.1 Subject to the below, our liability under or in connection with these terms (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) will not exceed the total price paid for your order.
9.2 We will not be liable to you under or in connection with these terms (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) for:
9.2.1 consequential, indirect or special losses; or
9.2.2 any of the following (whether direct or indirect): (a) loss of profit; (b) loss or corruption of data; (c) loss or corruption of software or systems; (d) loss or damage to equipment; (e) loss of use; (f) loss of opportunity; (g) loss of savings, discount or rebate (whether actual or anticipated); or (h) harm to reputation or loss of goodwill; or
9.2.3 losses arising in relation to those matters set out in clause 5.
9.3 Nothing in these terms will limit or exclude our liability for:
9.3.1 death or personal injury caused by negligence;
9.3.2 fraud or fraudulent misrepresentation; or
9.3.3 any other losses which cannot be excluded or limited by law.
10 Your information
Any personal information that you provide to us will be dealt with in line with our Privacy Policy available on our website, which explains what information we collect and hold about you, and how we collect, store, use and share such information.
11 No third party rights
No one other than us or you has any right to enforce any of these terms.
12 Complaints
12.1 If you are unhappy with us or the services we have provided to you, please contact us at ed@tractortuninguk.co.uk
13 Governing law and jurisdiction
13.1 If you are a consumer, the laws of England and Wales apply to these terms, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country. Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.
13.2 If you are a business customer, these terms and any dispute or claim arising out of, or in connection with, the terms, their subject matter or formation (including non-contractual disputes or claims) will be governed by, and construed in accordance with, the laws of England and Wales. You and us both irrevocably agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, these terms, their subject matter or formation (including non-contractual disputes or claims).
14 General terms
14.1 You are not allowed to transfer your rights under these terms to anyone without our prior written consent. We may transfer our rights under these terms to another business without your consent, but we will notify you of the transfer and make sure that your rights are not adversely affected as a result.
14.2 If any provision of these terms (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of these terms will not be affected.
14.3 If you breach these terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these terms.
14.4 If you are a business customer, any variation to these terms will not be binding unless expressly agreed in writing between you and us.
14.5 If you are a business customer, you and we both agree that these terms constitute the entire agreement between you and us in relation to your order. You acknowledge that you have not entered into these terms in reliance on any representation or warranty that is not expressly set out in these terms and that you will have no claim for innocent or negligent misrepresentation on the basis of any statement in these terms.