1.In General
Access to and use of this Website and the products and services
available through this Website (collectively, the 'Services')
are subject to the following terms, conditions and notices (the
'Terms of Service'). By using the Services, you are agreeing
to all of the Terms of Service, as may be updated by us from
time to time. You should check this page regularly to take notice
of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and
we reserve the right to withdraw or amend the Services without
notice. We will not be liable if for any reason this Website
is unavailable at any time or for any period. From time to time,
we may restrict access to some parts or all of this Website.
This Website also contains links to other websites, which are
not operated by battery2u.co.uk (the 'Linked Sites') battery2u.co.uk has
no control over the Linked Sites and accepts no responsibility
for them or for any loss or damage that may arise from your use
of them. We try our best to specify the correct car battery via
our database however there may on occasions be errors due to
various situations we do advise that polarity and dimensions
are checked in order to ensure the correct battery is issued.
Our data is not compatible to inmported vehicles. Your use of
the Linked Sites will be subject to the terms of use and service
contained within each such site.
2. Prohibitions
You must not misuse this Website. You will not: commit or encourage
a criminal offence; transmit or distribute a virus, trojan, worm,
logic bomb or any other material which is malicious, technologically
harmful, in breach of confidence or in any way offensive or obscene;
hack into any aspect of the Service; corrupt data; cause annoyance
to other users; infringe upon the rights of any other person's
proprietary rights; send any unsolicited advertising or promotional
material, commonly referred to as 'spam'; or attempt to affect
the performance or functionality of any computer facilities of
or accessed through this Website. Breaching this provision would
constitute a criminal offence under the Computer Misuse Act 1990.
Battery2u.co.uk will report any such breach to the relevant law
enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed
denial-of-service attack, viruses or other technologically harmful
material that may infect your computer equipment, computer programs,
data or other proprietary material due to your use of this Website
or to your downloading of any material posted on it, or on any
website linked to it.
3 Intellectual Properties, Software and Content
The intellectual property rights in all software and content
made available to you on or through this Website remains the
property of battery2u.co.uk or its licensors and
are protected by copyright laws and treaties around the world.
All such rights are reserved by battery2u.co.uk and its licensors.
You may store, print and display the content supplied solely
for your own personal use. You are not permitted to publish,
manipulate, distribute or otherwise reproduce, in any format,
any of the content or copies of the content supplied to you or
which appears on this Website nor may you use any such content
in connection with any business or commercial enterprise.
4 Terms of Sale
By placing an order you are offering to purchase a product on
and subject to the following terms and conditions. All orders
are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and any guarantees
or representations made as to delivery times are limited to mainland
UK and subject to any delays resulting from postal delays or
force majeure for which we will not be responsible.
In order to contract with battery2u.co.uk you must be over
18 years of age and possess a valid credit or debit card issued
by a bank acceptable to us. We retain the right to refuse any
request made by you. If your order is accepted we will inform
you by email. When placing an order you undertake that all details
you provide to us are true and accurate, that you are an authorised
user of the credit or debit card used to place your order and
that there are sufficient funds to cover the cost of the goods.
The cost of foreign products and services may fluctuate. All
prices advertised are subject to such changes.
(a) Our Contract
When you place an order, you will receive an acknowledgement
e-mail confirming receipt of your order: this email will only
be an acknowledgement and will not constitute acceptance of
your order. Only those goods listed in the confirmation e-mail
sent at the time of dispatch will be included in the contract
formed.
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices
which appear on this Website are accurate, errors may occur.
If we discover an error in the price of any goods which you
have ordered we will inform you of this as soon as possible
and give you the option of reconfirming your order at the correct
price or cancelling it. If we are unable to contact you we
will treat the order as cancelled. If you cancel and you have
already paid for the goods, you will receive a full refund,
if the goods are despatched then there may be a cancellation
charge of carriage and restocking of up to £20.00
(c) Payment
Upon receiving your order we carry out a standard pre-authorisation
check on your payment card to ensure there are sufficient funds
to fulfil the transaction. Goods will not be dispatched until
this pre-authorisation check has been completed. Your card
will be debited once the order has been accepted.
(d) Trade orders
We offer discounts on bulk orders for trade customers with free
delivery on pallet quantities*. Contact customer services for
a quote.
(e) Delivery
We will only deliver to addresses within the United Kingdom .
For delivery to non-mainland UK addresses and certain remote
locations e.g. Scottish Isles, Isle of Man, Isle of Wight,
Northern Ireland, Scottish Highlands and the Channel Islands
and certain Aberdeen and Inverness postcodes, contact customer
services for a quote. We do everything we can to meet the delivery
time specified in this section, however occasionally delivery
times may be affected by factors beyond our control and cannot
be guaranteed. We offer a Next Day Delivery service based on
orders placed before 2.00pm Mon - Fri. Saturday and Sunday
are not days which we deliver on. We will inform you if
we become aware of an unexpected delay. Please note that if
your order is made up of a combination of items, deliveries
may, on occasion be made separately. Any issues with the items
we must be notified within 7 days of the delivery.
Risk in the goods will pass to you on delivery. We reserve
the right to alter or amend delivery times in exceptional circumstances.
The material displayed on this Website is provided without any
guarantees, conditions or warranties as to its accuracy. Unless
expressly stated to the contrary to the fullest extent permitted
by law battery2u.co.uk and its suppliers, content providers and
advertisers hereby expressly exclude all conditions, warranties
and other terms which might otherwise be implied by statute,
common law or the law of equity and shall not be liable for any
damages whatsoever, including but without limitation to any direct,
indirect, special, consequential, punitive or incidental damages,
or damages for loss of use, profits, data or other intangibles,
damage to goodwill or reputation, or the cost of procurement
of substitute goods and services, arising out of or related to
the use, inability to use, performance or failures of this Website
or the Linked Sites and any materials posted thereon, irrespective
of whether such damages were foreseeable or arise in contract,
tort, equity, restitution, by statute, at common law or otherwise.
This does not affect battery2u.co.uk liability for death or personal
injury arising from its negligence, nor for fraudulent misrepresentation,
misrepresentation as to a fundamental matter or any other liability
which cannot be excluded or limited under applicable law
6 Linking to this Website
You may link to our home page, provided you do so in a way that
is fair and legal and does not damage our reputation or take
advantage of it, but you must not establish a link in such a
way as to suggest any form of association, approval or endorsement
on our part where none exists.
You must not establish a link from any website that is not owned
by you.
This Website must not be framed on any other site, nor may you
create a link to any part of this Website other than the home
page. We reserve the right to withdraw linking permission without
notice.
7 Disclaimer as to ownership of trademarks, images of personalities
and third party copyright
Except where expressly stated to the contrary all persons (including
their names and images), third party trademarks and images of
third party products, services and/or locations featured on this
Website are in no way associated, linked or affiliated with battery2u.co.uk
and you should not rely on the existence of such a connection
or affiliation. Any trademarks/names featured on this Website
are owned by the respective trade mark owners. Where a trade
mark or brand name is referred to it is used solely to describe
or identify the products and services and is in no way an assertion
that such products or services are endorsed by or connected to
battery2u.co.uk.
8 Variation
Battery2u.co.uk shall have the right in its absolute discretion
at any time and without notice to amend, remove or vary the
Services and/or any page of this Website.
9 Invalidities
If any part of the Terms of Service is unenforceable (including
any provision in which we exclude our liability to you) the
enforceability of any other part of the Terms of Service will
not be affected all other clauses remaining in full force and
effect. So far as possible where any clause/sub-clause or part
of a clause/sub-clause can be severed to render the remaining
part valid, the clause shall be interpreted accordingly. Alternatively,
you agree that the clause shall be rectified and interpreted
in such a way that closely resembles the original meaning of
the clause /sub-clause as is permitted by law.
10 Complaints
We operate a complaints handling procedure which we will use
to try to resolve disputes when they first arise, please let
us know if you have any complaints or comments.
11 Waiver
If you breach these conditions and we take no action, we will
still be entitled to use our rights and remedies in any other
situation where you breach these conditions.
12 Governing Law and Jurisdiction
These terms and conditions are to be construed in accordance
with the laws of England and in the event of any dispute or claim
associated with these terms and conditions, that dispute or claim
shall be subject to the exclusive jurisdiction of the English
courts.
13. Price Beat terms
The competitor must have the item in stock in the UK
That you supply a current UK internet address to the product.
Special offers / prices are excluded.
The competitor must offer and be able to deliver the battery
to you.
The price beat request must be approved before submitting
your order.
The request is not against a product on an auction site.
The competitor is a bona fide registered business in the
UK.
The item must be identical i.e same brand and construction
14. Entire Agreement
The above Terms of Service constitute the entire agreement of
the parties and supersede any and all preceding and contemporaneous
agreements between you and battery2u.co.uk.
Battery2u.co.uk can restrict the services and benefits
to customers of which he or she is entitled, or impose conditions
under which they will be made available. Action may be taken
in the following circumstances:
If reasonable usage levels are exceeded.
If a customer behaves in a threatening or abusive manner
towards the staff at Battery2u.
If a customer has falsely represented that they are
entitled to services that they are not entitled to..
15. Cancellations
You have the right to cancel the contract for your purchase within 7 days of delivery. When sending an item back you must package the item securely and send it back along with the invoice and a note confirming you wish to cancel. Please contact us in advance so we are aware that the item is coming back to us.
We highly recommend you use a recorded delivery service. Please note that you will be responsible for the costs of returning the item back to us, we will also require 24 hours notice before goods are returned. Please note that once items are sent out for delivery you will not be able to cancel parts of the contract we have already carried out such as postage and packing. When we receive the goods along with your cancelation notice we will then refund the relivent amount left on that particular item or items.
Please note for all warranties for brands that are not covered by a national guarantee the above will also apply
16. Waste Batteries
Under the Waste Battery Regulations Battery Specialist NW offer a take back scheme for all waste batteries. To do this you must return your battery to us in person and not through the postal service.