Terms and conditions
BARKAWAYS PARTS SHOP
SALE OF VEHICLE PARTS ONLINE - OUR TERMS & CONDITIONS
1 THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we shall supply vehicle parts to you which you purchase on our website barkaways.myshopify.com (our “Website”).
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 the vehicle parts to you, how we may change or end the contract with you, what to do if there is a problem and other important information.
2 INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Barkaways Limited, a company registered in England and Wales. Our company registration number is 07636981 and our registered office is at 6 Arnolds Business Park, Branbridges Road, East Peckham, Tonbridge, Kent, TN12 5LG.
2.2 How to contact us. You can contact us by emailing us at parts@barkaways.com or writing to us at 6 Arnold Business Park, Branbridges Road, East Peckham, Kent TN12 5LG.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your request.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3 OUR CONTRACT WITH YOU
3.1 How we will accept your order. Our acceptance of your order will take place when you receive a confirmation email or we send the part(s) to you following our receipt of payment by you for the vehicle part, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the vehicle part. This might be because the vehicle part is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the vehicle part or because we are unable to meet a delivery deadline you have requested.
3.3 Your order number. You will be allocated an order number when your order is accepted. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 We only sell to the UK. Our online parts shop on our Website is solely for the sale of vehicle parts in the UK (excluding Northern Ireland) only. Unfortunately, we do not accept orders from or deliver to addresses outside this. Should you wish to order from or have us deliver to addresses outside the UK (including Northern Ireland) please contact as and we can discuss this further with you.
4 OUR VEHICLE PARTS
4.1 Vehicle parts may vary slightly from their pictures. The images of the vehicle parts on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the vehicle parts. Your vehicle part may vary slightly from those images.
4.2 Vehicle parts are intended to be used on unmodified vehicles. The vehicle parts on our Website are intended to be used on original specification unmodified vehicles. This is because modified vehicles may put different stresses and strains on the parts which the parts were not designed for. Consequently we shall not be liable for any loss or damage you incur as a result of fitting and/or installing the vehicle part to a modified vehicle.
4.3 Vehicle parts are not new. You acknowledge that the vehicle parts sold by us on our Website are second hand and are not new. You further acknowledge that it is your responsibility to ensure that any vehicle part chosen by you is the correct vehicle part and fit for the purpose for which you intend to use it for taking into account its age and condition as described and depicted on our Website.
5 YOUR RIGHTS TO REQUEST CHANGES
If you wish to request a change to the vehicle part you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price or delivery of the vehicle part, and anything else which would be necessary as a consequence of your requested change and ask you to confirm whether you wish to go ahead with the change by phone and/or email.
6 OUR RIGHTS TO MAKE CHANGES
6.1 We may make changes to the vehicle parts sold on our Website to reflect changes in relevant laws or regulatory or safety requirements.
6.2 In addition we may suspend or stop selling a particular vehicle part for any reason at any time. If you have placed an order for such a vehicle part but it has not yet been dispatched we will notify you that we can no longer deliver the vehicle part to you and you will receive a full refund for that vehicle part.
7 DELIVERY
7.1 Delivery costs. The costs of delivery will be as displayed to you on our Website.
7.2 When we will deliver the vehicle part(s) ordered by you. If you have elected to collect the vehicle part from our premises, delivery shall take place when you collect the vehicle part from us. Where you have not elected to collect the vehicle part from our premises, we will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order unless we contact you with an estimated delivery date. For the avoidance of doubt any dates stated shall be estimates only and shall not be of the essence.
7.3 We are not responsible for delays outside our control. If our supply of the vehicle part(s) is affected by an event outside our control then we will contact you as soon as reasonably possible to let you know and we will take reasonable steps to try to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any vehicle parts you have paid for but not received.
7.4 If you are not at home when the vehicle part is delivered. If no one is available at your address to take delivery and the vehicle part cannot be posted through your letterbox, we will inform of you of how to rearrange delivery or collect the vehicle part from a local depot.
7.5 If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery or collect the vehicle part from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 11 will apply.
7.6 When you become responsible for the vehicle part. The vehicle part shall be your responsibility from the time we deliver it to the address you gave us.
7.7 When you own the vehicle part. You shall own the vehicle part once we have received payment in full and you have taken delivery of it.
7.8 What will happen if you do not provide required information and/or instructions to us. We may need certain information and/or instructions from you regarding delivery of the vehicle part so that we can provide it to you. We will let you know what information and/or instructions we may require promptly on becoming aware that we require such information and/or instructions. If you do not, within a reasonable time of us asking for it, provide us with the relevant information and/or instructions, or you provide us with incomplete or incorrect information and/or instructions, we may either end the contract (see clause 11.1) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result, this will be payable before the part is delivered to you. We will not be responsible for providing the vehicle part(s) late or not providing any part of them if this is caused by you not giving us the information and/or instructions we need within a reasonable time of us asking for it.
8 PRICE AND PAYMENT
8.1 Where to find the price for the vehicle part ordered by you. The price of the vehicle part (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the vehicle part advised to you is correct. However please see clause 8.3 for what happens if we discover an error in the price of the vehicle part you order.
8.2 When you must pay and how you must pay. You must pay for the vehicle part ordered upfront by following the relevant instructions on our Website when ordering the vehicle part. Payment must be received before we can deliver the vehicle part ordered. We accept payment by the following methods: debit card or credit card (excluding American Express).
8.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the vehicle parts we sell may be incorrectly priced. We will normally check prices before accepting your order. If the vehicle part's correct price is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any vehicle parts provided to you.
9 YOUR RIGHTS TO END THE CONTRACT
9.1 You may end the contract if we breach it. You may end the contract at any time by writing to us if:
9.1.1 there is a risk the vehicle part may be significantly delayed because of events outside our control; or
9.1.2 you have a legal right to end the contract because we have breached the contract.
If you are ending the contract for an undisputed reason set out at 9.1.1 to 9.1.2 the contract will end once the part has been returned to us and we will refund you any money you have paid in relation to the vehicle part.
9.2 Exercising your right to change your mind. If you are acting as a consumer only (not as a business), you have a legal right to change your mind within 14 days after the day you (or someone you nominate) receives the vehicle part ordered by you, and receive a refund but this may be subject to deductions and you will have to pay the costs of return of any vehicle parts (as further described in clause 10 below).
10 HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
10.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
10.1.1 Email. Email us at parts@barkaways.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
10.1.2 Online. Complete the form on our website.
10.1.3 By post. Print off the form and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
10.2 Returning vehicle parts after ending the contract. If you end the contract for any reason after the vehicle part has been dispatched to you or you have received it, you must return it to us. You must arrange for the vehicle part to be delivered back to us at 6 Arnold Business Park, Branbridges Road, East Peckham, Kent TN12 5LG. If you are exercising your right to change your mind you must send off the vehicle part within 14 days of telling us you wish to end the contract.
10.3 When we will pay the costs of return. We will pay the costs of return:
10.3.1 if the vehicle part is faulty or mis-described; or
10.3.2 if you are ending the contract pursuant to clause 9.1 above because we have breached it;
and in either case this is undisputed by us.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of safe return.
10.4 How we will refund you. We will refund you the price you paid for the vehicle part including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
10.5 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
10.5.1 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the vehicle part, if this has been caused by your handling them in a way which would means it is not in the same standard of condition as delivered. If we refund you the price paid before we are able to inspect the vehicle part and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
10.5.2 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 vehicle part delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
10.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then, if we have not offered to collect the vehicle part, your refund will be made within 14 days from the day on which we receive the vehicle part back from you. For information about how to return a vehicle part to us, see clause 10.2 above.
11 OUR RIGHTS TO END THE CONTRACT
11.1 We may end the contract if you breach it. We may end the contract at any time by writing to you if:
11.1.1 you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
11.1.2 you do not, within a reasonable time of us asking for it, provide us with information and/or instructions that is necessary for us to provide the vehicle part to you pursuant to clause 7.8; or
11.1.3 you do not, within a reasonable time, allow us to deliver the vehicle part to you or collect it from us.
11.2 You must compensate us if you breach the contract. If we end the contract in the situations set out in clause 11.1 we may deduct or charge you reasonable compensation for the costs we will incur as a result of your breaching the contract.
11.3 We may stop providing the vehicle part ordered by you at any time. As stated earlier at clause 6.2, we may suspend or stop selling a vehicle part at any time. We may write to you to let you know that we are going to stop providing the vehicle part. If we do, we will let you know, and we will refund any sums you have paid in advance for the vehicle part which will not be provided.
12 IF THERE IS A PROBLEM WITH THE VEHICLE PART ORDERED BY YOU
12.1 How to tell us about problems. If you have any questions or complaints about the vehicle part ordered by you, please contact us. You can contact us by emailing us at parts@barkaways.com.
13 OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1 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 reasonably foreseeable result of our breaching this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not reasonably foreseeable. Loss or damage is reasonably 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.
13.2 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 sale of the vehicle part including the right to receive the vehicle part ordered by you which is: as described and match information we provided to you on our Website; of satisfactory quality; fit for any particular purpose we state on our Website; supplied with reasonable skill and care, and for defective products under the Consumer Protection Act 1987
13.3 Damage or loss due to incorrect use and/or installation of vehicle part. We are not responsible for any loss or damage that you may incur as a result of choosing the wrong part, incorrectly using the part and/or incorrect installation of the part by you or on your behalf.
13.4 We are not liable for business losses. We only supply the vehicle part ordered by you for domestic and private use. If you use the vehicle part ordered by you for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14 HOW WE MAY USE YOUR PERSONAL INFORMATION
14.1 How we will use your personal information. We will use the personal information you provide to us to:
14.1.1 provide the vehicle part ordered by you;
14.1.2 process your payment via our secure payment page provided by Shopify for such vehicle part ordered by you; and
14.1.3 if you agreed to this during the order process, to inform you about similar servicing that we provide, but you may stop receiving these communications at any time by contacting us.
14.2 We will only give your personal information to third parties where the law either requires or allows us to do so.
15 OTHER IMPORTANT TERMS
15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
15.2 You may only transfer this agreement to someone else with our written consent. You may only transfer your rights or your obligations under these terms to another person with our written consent.
15.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of you breaching the contract, that will not mean that you do not have to do those things or prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the servicing, we can still require you to make the payment at a later date.
15.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed exclusively by English law and you can bring legal proceedings in respect of the servicing in the English courts.