Terms and conditions.
Any acceptance by us of an order by you is subject to the following conditions. If your order form contains printed conditions such conditions are accepted only in so far as they are not inconsistent with our terms and conditions as set out below. We accept an order for goods or services by you on the earliest of our written acknowledgement of your order or our delivery of goods to you.
We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the website and it remains your responsibility to read the terms and conditions EACH occasion you use this website.
Whilst we endeavour to adhere to our published prices we reserve the right to amend them to those ruling at the date of dispatch. All prices are pound sterling and includes VAT unless otherwise stated.
- Goods purchased via our website, the price you pay is the price displayed when your order is accepted by us with the following exclusions:
- Reservations made via GGIE Click & Collect will be reserved at the price shown when placing an order, once the specified collection period has elapsed; prices are subject to change.
- While all our prices are checked for accuracy on a regular basis, some prices may be incorrect. If we discover an error with the price of your goods, we will inform you as soon as possible. We are no under obligation to provide goods to you at the incorrect lower price and reserve the right to cancel your order. In cases where contact cannot be made, we will treat the order as cancelled.
- 3PRODUCT INFORMATION
- Any application lists, catalogues, descriptions, information or advice provided by us in respect of goods is as accurate as possible although is for illustrative purposes only. In all instances, it is your responsibility to assure yourself that the parts supplied are suitable for the application involved.
- Goods supplied will conform in all material respects to their description or to any sample or specification provided to and accepted by us. We reserve the right to amend any design or specification without prior notification provided that it does not adversely affect the performance of the goods.
- We reserve the right to supply goods of a revised/modified design providing that any difference does not affect the goods performance or suitability for the intended purpose.
- Goods supplied by us may be different in colour or appearance from those shown on our website or the vehicle itself.
- While every endeavour has been made to ensure the accuracy of our catalogue, we do accept any responsibility for errors or omissions. Replacement parts should always be checked against the original ones prior to fitting to ascertain their suitability for purpose.
- Fitting position: Left Hand (LH) and Right Hand (RH) fitting positions are stated as if sitting in the driver’s seat.
We cannot be held responsible for any infringement of patent or copyright on the part of our suppliers or customers in the event of parts being supplied to their design.
- Unless otherwise stated deliveries charges will have to be paid when placing order, unless items are being collected from our premises.
- All orders made via the website or mail order for delivery will be subject to the appropriate carriage charges stated at the point of order
Whilst we use our best endeavours to fulfil orders made by you, we will not be liable for any failure in the performance of any of our obligations to you caused by factors outside our control including (without limitation) strikes, lockouts, shipping delays, fire, war, etc. In such an event, you will have no claim against us for any loss or damage which may result.
- 7PAYMENT TERMS
Full payment for items before delivery, unless prior arrangements have been made to open an account authorised by a Director of the company in writing. We reserve the right to charge daily interest on overdue accounts pursuant to the Late Payment of Commercial Debts (Interest) Act 1998, plus any legal or other costs incurred in the collection of such outstanding debts.
- Payments via our website will only be accepted where the card in question has been verified, where this is not possible, we reserve the right to cancel any order without notice
- We reserve the right charge interest for any overdue payments from the date of which payment was due to that the payment is made in accordance with the Late Payment of Commercial Debts Act 1998.
- Part payments towards any invoice or debt owes to us we reserve the right to allocate the payment in equal proportions to the outstanding amount in order in which they occurred (oldest debt first).
- In the event of a cheque not clearing, we reserve the right to charge a fixed fee to cover the return of the cheque and to cover any costs/administration charges.
- 8DELIVERY OF GOODS AND RETENTION OF TITLE
8.1 Goods are delivered to you and at your risk at the earliest of when we physically deliver them to you or make them available to you for collection at a location agreed by us.
8.2 Time of delivery will not be of the essence and any delivery date is an estimate only. You will have the right to cancel any order without liability to us if delivery has not taken place more than 30 days late after the time specified by us.
8.3 Any claim that goods have not been delivered to you by us must be notified by you to us within 7 days of their expected delivery.
8.4 The quantity of any consignments recorded by us upon dispatch from our business premises will be conclusive evidence of the goods received by you on delivery unless you can provide conclusive evidence to prove otherwise.
8.5 If you fail to take delivery of any goods at the time agreed for delivery then we will be entitled to cancel or suspend such delivery and all other outstanding deliveries and to charge you for the loss suffered. It is your responsibility to provide the means for unloading goods from our vehicles on delivery.
8.6.1 Notwithstanding delivery, title in the goods shall remain ours until we have received payment of the full price of all goods the subject of this contract and (b) all goods supplied by us to you under any other contract whatsoever.
8.6.2 You shall nevertheless be entitled to deal with goods in which we retain title in the ordinary course of business provided that:
8.6.3 any such sale will be a sale of our property on your behalf;
8.6.4 you shall first dispose of the goods that you have paid for and any payments received by us from you shall first be appropriated to goods disposed of by you;
8.6.5 Until property in the goods passes to you, you shall hold the goods as bailee for us and shall store the goods in such a way that they are readily identifiable as our property. You shall also maintain the goods in satisfactory condition and keep them insured on our behalf.
8.6.6 In the event of an Insolvency Event (as defined herein):
8.6.7 All sums payable by you to us under this or any other contract shall become immediately due and payable;
you shall cease to be entitled to sell, use in manufacture or otherwise deal with any goods
8.6.8 we shall be entitled to recover and resell any goods that we retain title in (without prejudice to our right to damages) and for that purpose you hereby irrevocably grant us our servants or agents the right to enter your premises for the purpose of removing the goods;
(ii) we shall be entitled to stop all further deliveries of goods to you under this or any other contract;
(b) For the purposes of this clause 8, an Insolvency Event occurs if:
(I) you (being an individual) have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of your undertaking or any part thereof, or a resolution is passed or a petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency in any jurisdiction; or
(ii) you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you, or fail to observe/perform any of your obligations under this contract or any other contract between us and you, or are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or you cease to trade; or
(iii) you encumber or in any way charge any goods to which we retain title; or
(iv) anything analogous to the foregoing occurs in any jurisdiction.
8.7 All non-delivery claims will at our discretion, limited to, replacing the goods or issuing a credit note within a reasonable time so not to cause excessive inconvenience.
8.8 Any claim that goods have been delivered damaged or do not comply with their description should be made within 7 days of their delivery. Provided that such goods are returned to us in accordance with clause (10), we will refund, issue a credit or replace the goods at our discretion.
8.9 All claims that goods have not been delivered to you by our appointed carriers must be made within 7 days of the expected delivery date. We reserve the right to make appropriate investigations with our carrier within a reasonable timescale. In some cases, we may require compelling evidence from you or a third party to aid the investigation process. You will be notified of our decision (to refund, replace or issue a credit for the goods) within 14 working days of your initial claim.
8.10 If you fail to take delivery of goods on a mutually agreed date, we may, where required, store them at a nominated site or have them stored by a third party where we deem it necessary. In any event, you will be liable for the cost of storage until delivery is complete.
9.1 All products are supplied and guaranteed by the manufacturer in accordance with manufacturers specifications. Any item which is proved and admitted by the manufacturer to be defective during the relevant warranty period due to material or structural defect will be replaced free of charge or credited in full at our discretion. Under no circumstances will we accept liability for consequential loss or damage or pay for any repairs or alterations without prior authorisation.
9.2 In the event of a guarantee claim, you must notify us in writing and by completing a warranty form detailing the fault and vehicle details.
9.3 You must return the goods to us for inspection by the manufacturer. The manufacturers report will be final and we shall have no further liability to you.
9.4 You will allow reasonable opportunity for claims to be investigated by us/the manufacturer prior to any replacement, refund or credit being issued and where required provide additional information and or goods for inspection if requested by us or the manufacturer
9.5 We will have no liability to you in respect if any defect arising from wear and tear, wilful damage, negligence, tampering of goods, abnormal working conditions, incorrect fitting or ordering of goods or failure to follow the manufacturer’s instructions.
9.6 A warranties provided are non-transferable and apply only for the original customer.
9.7 The warranty starts from the date of delivery, if we replace the goods within the warranty period, the warranty does not start again, you will only benefit from the remaining warranty period.
9.8 If you are exercising your ‘right to reject’, you must notify GGIE prior to fitment of the goods and within the 30 day period. Once fitted we reserve the right to investigate your claim as per clause 9.4.
9.9 Under no circumstances will we accept liability to you in respect of costs incurred such as: (but not limited to) loss of earnings, travel expenses, recovery costs, damages etc.
10.1 Goods purchased online may only be returned with our prior written authorisation and we reserve the right to deduct the appropriate handling charges or reduce the refund amount to reflect any damage or reduction in value of the goods as a result of incorrect handling or damage.
10.2 If you are exercising your right to change your mind, all refunds will be issued within 5 working days from the day on which your goods arrive with us, unless evidence of delivery is provided earlier.
10.3 All goods that are incorrectly supplied will be refunded within 7 days, providing they are returned as new in their original packaging.
10.4 All goods purchased via our website or mail order will only be credited back to the original payment method.
10.5 Only goods returned in the same condition in which you receive them qualify for a refund, you have no entitlement to a refund if the goods returned have been used and where applicable have been removed from sealed clear packaging.
10.6 Electrical items are non-returnable unless faulty or previously agreed with GGIE car parts.
10.7 Return postage remains your responsibility unless, the goods are faulty or are incorrectly supplied, there is an unreasonable delay in delivery or because of an error on our behalf.
10.8 All unwanted products must be returned within 30 days from the point of delivery, goods returned after this period will be subject to the appropriate handing charges. All special order items are non-refundable except at our discretion.
10.9 If you are responsible for return postage costs and we agree collection from yourself, you agree we can bill you for the direct cost to us of such collection, this will be agreed at the point of booking collection from yourself.
10.10 Where we are collecting goods from yourself on a mutually agreed date, you are liable for costs incurred if collection is missed/goods are not available for collection on that day.
10.11 Where we are liable for postage but are unable to organise a collection, you must return the goods to us via the cheapest tracked method possible and provide proof of purchase for the chosen postage. In cases where postage costs are deemed excessive, we reserve the right to refund the value of the cheapest postage method available at that time.
10.12 All goods bought via website must be returned to our Northampton premises, where you chose to return goods via a local store the onus is on you to get signed proof of return, we have no liability to you for goods returned via store without proof.
10.13 You agree to return goods in such a condition whereas no risk is posed to any employee.
10.14 All ‘Special Order’ items are non-returnable unless previously agreed with us, all special order returns are subject to at 20% restocking fee, deductible from any refund due.
10.15 Where items purchased are on an exchange basis, you have 30 days to return the old unit to us. If the old unit is returned within 30 days we will refund the ‘surcharge’ owed, providing the item is in a condition that enables it to be remanufactured. Any goods returned outside of the 30 day period will be credited at our sole discretion.
- 11CONSUMER RIGHTS APPLICABLE TO CONSUMERS BUYING GOODS VIA OUR WEBSITE
Clause 11 only applies if you are a Consumer AND purchasing goods from our website.
11.1 In accordance with the Distance Selling Regulations 2000 you may cancel a contract at any time within 14 days, beginning on the day after you receive the Goods (the 'Cooling off Period'). If you want to cancel the contract within this Cooling-Off Period a refund (or, if you require, an exchange or replacement) will be provided in accordance with our refunds policy below.
To cancel an order under this contract, you must:
11.1.1 Inform us in writing;
11.1.2 Return the goods to us in the same condition in which you received them with the original packaging and the product documentation, and at your own cost and risk. The goods must not have been used and, where applicable, must not have been removed from the sealed clear packaging; and
11.1.3 Provide proof of purchase in the form of our invoice for the original supply of such goods.
11.1.4 Nothing in this clause affects your statutory rights.
11.2 We will issue a full refund for the goods/services purchased via same method as payment.
11.3 You may also cancel an order for services within this period; however, once the services have been completed or started the services, you must pay us for all services provided to date.
- 12LIMITATION OF LIABILITY
12.1 The following provisions set out the entire financial liability of us (including any liability for the acts or omissions of our employees, agents and sub-contractors) to you arising out of or in any way related to the contract.
12.1.1 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979 (as amended)) are, to the fullest extent permitted by law, excluded from this Contract.
12.1.2 Nothing in these terms excludes or limits our liability for death or personal injury caused by our negligence under section 2(3) of the Consumer Protection Act 1987 for fraud or for fraudulent misrepresentation or for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
12.1.3 Subject to clause 12(c), we will not be liable to you for any indirect or consequential, special or punitive loss, damage, costs or expenses, loss of profit, loss of business, loss of income or revenue, waste of management or office time or depletion of goodwill.
12.1.4 Subject to clause 12(c), our total liability to you under or connected with this contract will not exceed 125% (one hundred and twenty-five per cent) of the price payable for the goods for any one event or series of connected events.
13.1 These terms are incorporated into the contract between us at the exclusion of all other terms and conditions and supersede all prior dealings between us in relation to the subject matter of the contract.
13.2 No variation or amendment of this Contract will be valid unless in writing and signed by you and our authorised representative.
13.3 This contract will be governed by English law and any dispute arising out of or in any way connected to it shall be subject to the exclusive jurisdiction of the English Courts.
13.4 We retain all copyright and title to all documentation relating to goods/services provided to you by us. This documentation cannot be used for any other purpose than intended. We reserve the right to request the return of documents at our expense where required for us by us.
13.5 Any material which you contribute to us must not contain:
13.5.1 Any material which is defamatory of any person or is threatening or is likely to upset, embarrass alarm or annoy any other person.
13.5.2 Promote discrimination based on sex, religion, sexual orientation or race.
13.5.3 Infringe any copyright, database right or trade mark.
13.6 You shall comply with all laws, statues, regulations in relation to anti-bribery and anti- corruption including but not limited to the Bribery Act 2010
13.7 Video/Audio recording of any calls, staff member or any on-site professionals is prohibited without prior written consent from us.
13.8 We expressly dismiss liability for any third party links and any content within them.
13.9 You must no use any part of the website to knowingly introduce viruses, Trojans, worms or any other material which is malicious or harmful. You must not attempt to gain unauthorised access to our site, the server on which it is stored or any database connected to the site.
13.10 You may link the homepage, providing it is not to cause damage to the reputation of Guardian Global Imports & Exports Ltd or any third party employed by us. You must not suggest any form of association with Guardian Global Imports & Exports Ltd where none exists.
If you have any complaints about any goods or services supplied by us, please contact us immediately so we can deal with your complaint quickly.
15.1 All promotions (including but without limitation to) discounts, offers, promotional codes, prize drawers, vouchers and competitions) are subject to the conditions below.
15.2 Promotions are only valid on our website unless otherwise stated, promotion codes/discounts and or ‘gifts’ are not redeemable in store or via phone unless stated otherwise.
15.3 Promotions are limited to one per customer, per transaction and cannot be used in conjunction with any other offer.
15.4 All promotions are non-transferable.
15.5 We reserve the right to end any promotion without notice or refuse any customer to participate in the scheme.
15.6 By using a promotion code, you agree for your personal data to be held by our company for the purpose of contact with future promotions.
15.7 Promotions are only valid for the period stated, if no date limit is set, the promotion will expire no later than 2 days from issue
15.8 We reserve the right to cancel any order where in our opinion the promotion is not valid against the goods purchased and make reasonable effort to contact the customer.
15.9 Any goods supplied free as part of a promotion are subject to availability and we reserve the right to, at our discretion, supply another free item of the same or similar value. If returning an order, any free goods must be returned as new. We reserve the right to deduct the RRP from any refund issued in cases where goods are not returned to us.
15.10 By entering into any promotional, all participants agree to participate in any publicity arising from any free goods/services and vouchers etc. We reserve the right to feature the name, photograph and location of any participant for use in any future marketing material without payment or notification.
All goods are supplied subject to availability, in the event we cannot supply you with the goods ordered we reserve the right to supply equivalent goods of matching quality. In the event the supplied good are not accepted by you, we will be responsible for collection.
- 17DATA PROTECTION
17.1 We will use all personal information you provide to us to supply goods, process payments and where agreed by yourself inform you of similar products/promotions. If you wish to stop receiving marketing communications from us, please contact us to have your data removed from the database.
17.2 We may pass information provided by you for the purpose of credit checks, in some cases they may keep a record of any search they do.
17.3 We will only give your personal information to third parties where allowed in accordance with the Data Protection Act.
17.4 We do not permit the recording of any telephone calls between you and us without prior consent.
17.5 Certain services on our site will require registration and will be subject to an approved login name and password. Information that you provide on this site must be accurate and complete, all password details are accept and may be withdrawn at our sole discretion and are exclusive to you. In the event you have any concerns or become aware of misuse you must inform us immediately.