Terms & Conditions
1. Terms & Conditions
1.1 All Goods sold and Services provided shall be on these Terms & Conditions to the exclusion of all other terms and conditions of business, including any that the Client may send to the Supplier or require the Supplier to accept through a purchase order process, and all terms and conditions otherwise implied by law, custom or previous course of dealing to the maximum extent permitted by law.
1.2 If there are any inconsistencies between these Terms & Conditions and any of the provisions of the Order Form, these Terms & Conditions shall take precedence.
1.3 The individual signing or completing as the case may be the Order Form on behalf of the Client represents and warrants that he/she has the authority to bind the Client.
1.4 We reserve the right to update these Terms & Conditions from time to time at our discretion. If we do so, the updated version will be effective as soon as it is accessible. We recommend that you review these Terms & Conditions before every purchase of Goods and/or Services that you make.
In these Terms & Conditions, the following words have the following meanings:
2.1 Client/you: the client identified in the Order Form;
2.2 Goods: the goods identified in the Order Form;
2.3 Fee: the fee for the Goods or Services;
2.4 IP Rights: patents, copyright, database rights, registered and unregistered design rights, trade marks and all other intellectual property rights that may exist anywhere in the world;
2.5 Order Form: the online or offline document containing the commercial details of the Goods and/or Services;
2.6 Services: the services identified in the Order Form;
2.7 Site: the website operated by the Supplier;
2.8 Supplier/we: either O’Rourke Coachtrimmmers Limited a company registered in England with registered number 04895038 and O’Rourke Supplies Limited a company registered in England with registered number 10314624 each with a registered office at Building 6, Unit A, Lynwick Street, Rudgwick, Horsham, West Sussex, United Kingdom RH12 3DH, and in the event of a dispute, O’Rourke Coachtrimmers Limited shall determine the identity of the Supplier;
2.9 Vehicle: the vehicle that you provide to us for the provisions of the Services; and
2.10 Working Days: any day other than a Saturday, Sunday or public holiday in England.
3.1 We endeavour to display images of the Goods, including the colours of the Goods, accurately on the Site. However, the actual colours shown will depend on the device used to access the Site, and we do not guarantee that your device’s display of any colour will accurately reflect the colour of the Goods on delivery.
3.2 All Goods are subject to availability. We will inform you as soon as possible if the Goods ordered are not available and we may offer an alternative Good of equal or higher quality and value or provide a refund for sums paid.
3.3 You may only purchase Goods from this Site if you are purchasing as a consumer. If you are a business and you wish to purchase Goods, you can contact us on email at email@example.com.
3.4 You must make sure that all information you provide to us, including email and delivery address is accurate. We will not refund you or deliver replacement Goods if we have delivered the Goods to the address you provided to us – even if you have not given us your correct address.
3.5 We must receive payment of the whole of the Fee for the Goods that you order, including the delivery cost before your order can be accepted. We accept payment by credit or debit card. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in the order form. Our acceptance of your order brings into existence a legally binding contract between us which comprises the Order Form and these Terms & Conditions.
3.6 The prices payable for Goods and the costs of delivery are set out on the Site. We reserve the right to change the prices and costs of delivery at any time.
3.7 We will use all reasonable endeavours to deliver the Goods in accordance with the delivery timescale you select. If we are unable to deliver the goods within 30 days, we shall contact you to discuss delivery of the Goods and if you wish, we shall cancel your order and refund all sums paid.
3.8 Goods for delivery overseas may be subject to additional charges such as import duties and taxes, which are levied once the Goods reach the specified destination. We have no control over these charges and cannot predict what they may be. You are responsible for such charges and so we recommend that you contact the local customs office for further information as to the amount of such charges (if any). Please also note that Goods for delivery overseas may be opened and inspected by customs authorities.
4. Cancellation and Returns
4.1 The provisions of sections 4.1 to 4.5 do not apply to (a) any Goods made to your specification or otherwise personalised; and/or (b) a Client who is not based in the European Union.
4.2 You may cancel your contract with us for the Goods by contacting us by email at firstname.lastname@example.org or writing to Building 6, Unit A, Rudgwick Brickworks, Rudgwick, West Sussex, RH12 3DH within 14 days from the date you receive the Goods, clearly stating the following: your name, geographical address, details of the order you wish to cancel and, where available, your phone number and email address.
4.3 If you do cancel your contract, you must take reasonable care of the Goods whilst they are in your possession and they must be returned to us or made available for collection in accordance with our reasonable instructions, before we can issue your refund. If you are required to return the Goods to us, you must do so within 14 days of the notice to cancel, and you must return the Goods at your own cost and risk. We strongly recommend that you send the Goods back to us via a recorded post service and obtain a certificate of posting. We will not refund you if we do not receive the returned Goods. Please also make sure you package the Goods appropriately to avoid damage.
4.4 We will refund any sums paid for the Goods returned and, if you return the whole (not part) of the order, we will refund the delivery costs you paid up to the price of standard delivery. We will refund you using the same means of payment that you used to purchase the Goods.
4.5 If you do not return all of the Goods that you have cancelled in accordance with our request, or you do not pay the costs of returning them to us, or the Goods are damaged during the course of returning the Goods, we shall be entitled to deduct from the amount to be refunded to you the direct costs of recovering the Goods or to reflect the loss or damage to the Goods.
4.6 The provisions of this section do not affect your statutory rights. If the Goods we deliver are not what you ordered or are damaged or defective, please let us know and we will either (a) replace any Goods that are damaged or defective; or (b) refund to you the amount paid by you for the Goods in question. You must return the Goods to us or make the Goods available for collection in accordance with our reasonable as soon as possible after informing us that the Goods are damaged or have been incorrectly supplied.
5.1 We shall provide the Services with reasonable skill and care.
5.2 We shall endeavour to provide the Services with any agreed timetable, provided that time for provision of the Services shall not be of the essence. In addition, you agree that we shall not be liable for any failure to provide the Services in accordance with any agreed timetable as result of your act or omission, including your failure to deliver the Vehicle to us on the agreed delivery date.
5.3 Unless we otherwise agree including on the Order Form, you shall pay the Fees for the Services 50% in advance and 50% on the completion date for the Services. If you are purchasing the Services as a consumer, you may terminate the Services by contacting us by email at email@example.com or in writing to Building 6, Unit A, Rudgwick Brickworks, Rudgwick, West Sussex, RH12 3DH within 14 days from the date you sign the Order Form, clearly stating the following: your name, geographical address, details of the order you wish to cancel and, where available, your phone number and email address. However, you may not cancel the Services if we have, following your request to do so, began to provide the Services.
5.4 You warrant that you own the Vehicle or have the right to require the Services in respect of the Vehicle, and at our request you shall immediately provide appropriate documentary evidence of ownership the Vehicle or such right as the case may be. If we receive any claim from a third party claiming ownership of the Vehicle, you shall indemnify and keep us indemnified in respect of all costs, claims, damages, losses and expenses we may incur in relation to such claim.
5.5 You shall notify us if the vehicle tax has not been paid for the Vehicle and you warrant that you have in place valid insurance in respect of your Vehicle.
5.6 We shall endeavour to provide you with 10 Working Days’ notice of the completion date for the Services and you shall ensure that all Fees are paid in full and that the Vehicle is collected on the completion date. If your do not pay all Fees in full and/or the Vehicle is not collected within 5 Working Days of the completion date, we reserve the right to transport the Vehicle to a storage facility local to us. In such circumstances, you shall pay all reasonable transportation costs, plus VAT and storage costs of £20.00 plus VAT per day. Your vehicle will not be released from storage until we receive in full the Fee, together with all transportation and storage costs. You agree that whilst providing the Services and for the purposes of this Condition 5.6, we shall be entitled to drive the Vehicle.
5.7 You shall remove all items of value from the Vehicle before delivering the Vehicle to us. If you fail to do so, we shall not be liable for any loss of or damage to such items.
5.8 If you believe that the Services have not been carried out in accordance with these Terms & Conditions, you must give us full details of your concern, and give us the opportunity to remedy the situation within a reasonable time.
6. Cancellation by us
6.1 We reserve the right to cancel the contract between us if (a) we have reason to believe that you are not purchasing the Goods as a consumer; (b) we have insufficient stock to deliver the Goods you have ordered or we have insufficient materials and/or resources to provide the Services; (c) we do not deliver Goods, or the particular Goods that you have ordered, to your area; (d) one or more of the Goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers; (e) we have reason to believe that you are in breach of the warranty under Condition 5.4 in respect of ownership and/or rights to require the Services; and/or (f) more than 12 months have passed from the date the Vehicle is to be delivered to us for the provision of the Services.
6.2 If we do cancel your contract we will notify you by e-mail and will refund you all sums paid within 30 days of the date of receipt of the Order Form except for any sums due for Services provided before the cancellation. We will not be obliged to offer any additional compensation for disappointment suffered.
7. Use of the Site
7.1 You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password.
7.2 Please ensure that the details you provide us with are correct and complete and let us know immediately of any changes to the information that you have provided to us.
7.3 The Site is made for your own, personal use. You agree not to try to gain unauthorised access to the Site or any networks, servers or computer systems connected to the Site and/or reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble all or part of the Site save to the extent expressly permitted by law.
7.4 The copyright in all material contained in the Site including all information, data, text, images and software is owned by or licensed to us. All rights are reserved.
7.5 The Site may contain links to websites or apps operated by third parties. We do not have any influence or control over any such third party websites or apps and we are not responsible for and do not endorse any third party websites or apps or their availability or content.
7.6 We accept no responsibility for adverts contained within the Site. If you agree to purchase goods and/or services from any third party who advertises on the Site, you do so at your own risk. The advertiser, and not us, is responsible for such goods and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser.
7.7 We will use reasonable endeavours to make the Site available to you at all times. However, there may be occasions when access to the Site may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. We reserve the right to remove any Goods, Services content or features from the Site for any reason.
8.1 To the extent permitted by law, we will not be liable to you for any indirect or consequential loss, damage or expenses howsoever arising out of the Goods, Services and/or the Site.
8.2 We shall have no additional liability to you for any failure to deliver Goods or provide Services or any delay in doing so that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
8.3 The Site is provided ‘as is’ and we exclude all warranties in relation to the Site and accept no liability arising from your use of the Site.
8.4 We shall not be liable for any defect in the Vehicle that occurred before the commencement of the Services, and you are solely responsible for ensuring that the Services are appropriate and suitable for your needs.
8.5 Our maximum liability for any claim by you whatsoever, including breach of contract and tort including negligence or otherwise, shall be limited to the price paid for the Goods or Services that are the subject of the claim.
8.6 Nothing in these Terms & Conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights, for fraud, death or personal injury or other loss that may not be excluded or limited by English law. For further information about your legal rights in the UK, contact your local authority Trading Standards Department or Citizen’s Advice Bureau.
8.7 Each of O’Rourke Coachtrimmmers Limited and O’Rourke Supplies Limited is severally and not jointly liable as Suppliers under these Terms & Conditions.
9.2 If any provision of these Terms & Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force and effect.
9.3 Our failure to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision.
9.4 If you have any complaint or wish to raise a dispute under these Terms & Conditions or otherwise in relation to the Site please follow this link http://ec.europa.eu/odr
9.5 These Terms & Conditions shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English Courts.
Last updated: November 2016
We do update this Policy from time to time so please do review this Policy regularly.
Information we collect
In operating this website, we may collect and process the following data about you:
i. details of your visits to our website and the resources that you access, including, but not limited to, traffic data, location data, weblogs and other communication data
ii. information that you provide by filling in forms on our website, such as when you registered for information or make a purchase
iii. information provided to us when you communicate with us for any reason.
On occasion, we may gather information about your computer for our services and to provide statistical information regarding the use of our website to our advertisers.
Such information will not identify you personally it is statistical data about our visitors and their use of our site. This statistical data does not identify any personal details whatsoever.
Similarly to the above, we may gather information about your general internet use by using a cookie file. Where used, these cookies are downloaded to your computer automatically. This cookie file is stored on the hard drive of your computer as cookies contain information that is transferred to your computer's hard drive. They help us to improve our website and the service that we provide to you.
All computers have the ability to decline cookies. This can be done by activating the setting on your browser which enables you to decline the cookies. Please note that should you choose to decline cookies, you may be unable to access particular parts of our website.
Use of your information
The information that we collect and store relating to you is primarily used to enable us to provide our services to you. In addition, we may use the information for the following purposes:
i. to provide you with information requested from us, relating to our products or services. To provide information on other products which we feel may be of interest to you, where you have consented to receive such information
ii. to meet our contractual commitments to you
iii. to notify you about any changes to our website, such as improvements or service/product changes, that may affect our service.
iv. to prevent prohibited or illegal activities and enforce the Terms;
v. to use within our internal records;
vi. to customise, measure and improve our products, content and advertising;
vii. to carry out credit checks and protect against fraud and theft, and as part of this we may share information about the way in which you conduct your account with lenders and credit reference agencies.
Furthermore, we may use your data, or permit selected third parties to use your data, so that you can be provided with information about unrelated goods and services which we consider may be of interest to you. We or they may contact you about these goods and services by any of the methods that you consented at the time your information was collected.
If you are a new customer, we will only contact you or allow third parties to contact you only when you have provided consent and only by those means you provided consent for.
If you do not want us to use your data for third parties, you will have the opportunity to withhold your consent to this when you provide your details to us on the form on which we collect your data.
Please be advised that we do not reveal information about identifiable individuals to our advertisers but we may, on occasion, provide them with aggregate statistical information about our visitors.
Storing your personal data
Data that is provided to us is stored on our secure servers. Details relating to any transactions entered into on our site will be encrypted to ensure its safety.
The transmission of information via the internet is not completely secure and therefore we cannot guarantee the security of data sent to us electronically and transmission of such data is therefore entirely at your own risk. Where we have given you (or where you have chosen) a password so that you can access certain parts of our site, you are responsible for keeping this password confidential.
Disclosing your information
Where applicable, we may disclose your personal information to any member of our group. This includes, where applicable, our subsidiaries, our holding company and its other subsidiaries (if any).
We may also disclose your personal information to third parties:
i. where we sell any or all of our business and/or our assets to a third party
ii. where we are legally required to disclose your information.
iii. to assist fraud protection and minimise credit risk.
iv. where such third party is one of our service providers, sub-contractors and agents that we may appoint to perform functions on our behalf and in accordance with our instructions.
Third Party links
You may find links to third party websites on our website. These websites should have their own privacy policies, which you should check. We do not accept any responsibility or liability for their policies whatsoever as we have no control over them.
Access to information
The Data Protection Act 1998 gives you the right to access the information that we hold about you. Please note that any demand for access may be subject to payment of a fee of £10 which covers our costs in providing you with the information requested. Should you wish to receive details that we hold about you please contact us using the contact details below.
We are committed to ensuring that your information is secure. In order to help prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online. However, no system can be completely secure. Therefore, although we take steps to secure your information, we do not promise that your personal information, or other communications will always remain secure.