Terms and Conditions
Please see below for details of our Terms & Conditions. Please tick the relevant checkbox when prompted if you accept them. If you refuse to accept these Terms, you will not be able to order any Products from our site.
1.1 In these Terms of Business the following definitions shall apply unless the context otherwise requires:
means the Data Protection Act 1998;
“We” or “Us”
means Pegasus Parts of 14 Hillfield Close, Redhill, Surrey RH1 4AR, United Kingdom;
“You” or “Customer”
means a customer who places an Order;
means Our charges for the Goods as set out on the Website and as agreed and accepted by You at the time of placing the Order;
means the contract between Us and You for the supply of the Goods comprising an Order as and these Terms as amended from time to time;
means any and all goods, parts, materials or equipment supplied or provided by us to You in accordance with an Order;
means personal data, information and documents;
“Intellectual Property Rights”
means any and all trade and service marks, patents, copyrights, design rights, (whether registered or not and all applications for any of the foregoing), database rights and rights in know-how, confidential information and inventions and other intellectual property rights of a similar or corresponding nature whenever and howsoever arising for the full term thereof and all renewals and extensions thereof which may now or in the future subsist in the United Kingdom and all other countries in the world;
means an order placed or made by You via the Website for the provision by Us of the Goods;
means the Distance Selling Regulations;
means any details, requirements, drawings, measurements, calculations, photographs or other information whatsoever provided by You to Us upon which an Order is based for the supply and/or manufacture of any Goods by Us for You;
means these terms of business;
means any applicable value added tax at the prevailing rate from time to time;
means the website owned and operated by Us via which Orders may be placed, the address of which is www.pegasusparts.co.uk;
means Monday to Friday between the hours of 9am and 5pm GMT excluding UK Bank and Public Holidays in the United Kingdom.
1.2 In these Terms:
1.2.1 words importing the singular meaning shall include, where the context so admits, the plural meaning and vice versa;
1.2.2 words importing the masculine gender shall include the feminine and the neuter.
1.3 References in these Terms:
1.3.1 to a clause is a reference to the whole of that clause unless stated otherwise;
1.3.2 to any statute, enactment, order, regulation or other similar instrument shall be construed as a reference to the statute, enactment, order, regulation or instrument as amended by any subsequent enactment, modification, order, regulation or instrument as subsequently amended or re-enacted;
1.3.3 to any person shall include natural persons and partnerships, firms and other incorporated bodies and all other legal persons of whatever kind and however constituted and their successors and permitted assigns or transferees.
1.4 The words “include”, “includes” and “including” are to be construed as if they were immediately followed by the words “without limitation”.
1.5 Headings in these Terms are included for ease of reference only and shall not affect their interpretation or construction. Unless the contrary is stated, references to clauses shall mean the clauses in these Terms.
1.6 Other than in respect of any payment due from You under these Terms, time shall not be of the essence in respect of these Terms.
2. The Goods
2.1 We will use our reasonable endeavours to supply the Goods to You as requested in Your Order and We will do so in accordance with these Terms. Any changes, amendments or additions to an Order and any resulting changes to the Charges will only be effective if agreed by Us in writing (including by email).
2.2 We will provide the Goods to You strictly on the basis of the Specification given to Us by You in accordance with the Order.
3.1 The payment of the Charges in respect of any Orders You place shall be made by You at the time You submit Your Order via the Website. No Orders will be processed by Us without prior payment of the Charges in accordance with these Terms as set out on the Website at the time You place Your Order unless otherwise agreed in writing by Us.
4. Your warranties
4.1 You hereby agree, acknowledge, confirm and warrant that:
4.1.1 You have the right and authority to enter into this Contract and to place the Order;
4.1.2 the Specification You have provided or will provide Us with is accurate and correct and You hereby acknowledge and confirm that You are aware that any Goods supplied and/or manufactured by Us shall be in accordance with the Specification and that as such any errors and/or inaccuracies in the Specification shall be Your sole responsibility and they shall not affect Your obligation to pay the Charges.
5. Delivery and risk
5.1 You will be required to select Your preferred delivery method when You place Your Order. The Goods will be considered to be delivered (and as such shall be at Your risk and with no further obligation or liability upon Us) when (depending upon the delivery option chosen by You):
5.1.1 collected by the Royal Mail or such other postage delivery service as We may choose from time to time; or
5.1.2 when collected by courier.
6.1 Any delivery times given by Us to You in respect of the date of supply of any Goods which We are required to manufacture, are estimates only and shall not be binding upon Us. Any failure on Our behalf to meet any estimated delivery time shall not amount to a breach of this Contract.
7. Intellectual Property Rights
7.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation or social network (eg if you own a blog) to material posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
8. Data Protection
8.2 The Act requires Us to advise You that Your Information shall be held on Our database. You agree that We may from time to time use these details to send You information (whether by email or otherwise) which We think might be of interest to You.
8.3 Any Information which You provide to Us or which We otherwise handle in relation to You, may be both confidential and subject to the Act. In providing the Services to You, it may be necessary for Us to disclose some or all of this Information (including Information about You) to third parties. For example, disclosure may need to be made to other professional advisors, Our auditors, regulators and/or insurers, as well as to government agencies. We may also be required to disclose such Information by law or court order. You agree to the disclosure by Us of this Information for such purposes.
9.1 In accordance with the Regulations, you have 7 days from the date of placing an Order to notify Us that You wish to cancel such an Order.
9.2 In the event that You wish to cancel an Order after the period set out in clause 9.1 above, You must immediately email Us to that effect at [email protected] Where We are required to manufacture any Goods which You have requested from Us, then any such cancellation shall be subject to the following:
9.2.1 for Orders cancelled before 4 weeks of the confirmed delivery date, You shall be entitled to a refund of 100% of the Charges paid;
9.2.2 for Orders cancelled within 4 weeks of the confirmed delivery date, You shall be entitled to a refund of 85% of the charges paid;
9.2.3 for Bespoke Orders cancelled within 6 weeks of the confirmed delivery date, You shall be entitled to a refund of 50% of the Charges paid;
10. Communication by e-mail
10.1 E-mail is our primary method of communication and You consent to Us sending and receiving e-mails to/from You in relation to the supply of the Goods.
11. Force Majeure
11.1 In this Agreement, an “Event of Force Majeure” shall mean any cause, event or contingency beyond Our reasonable control including, but not limited to, acts of God, outbreaks of hostilities, riots, civil disturbances, fire, explosion, flood or severe weather, power failure, failure of telecommunications lines (including, but not limited to, IT/data links), theft and/or malicious damage.
11.2 If We are prevented or delayed in carrying out any of Our obligations in respect of the supply of the Goods to You by an Event of Force Majeure, We shall use all reasonable endeavours to mitigate the effects of such an Event of Force Majeure, but We shall not be under any liability to You or any other party whatsoever for any losses, costs, expenses, claims, proceedings or damages suffered or incurred by You and howsoever caused as a result of such an Event of Force Majeure.
12. Limitation of Liability
12.1 Our aggregate liability and that of Our directors, consultants, agents, sub-contractors and employees for any and all losses, costs, expenses, claims, proceedings or damages whatsoever including, but not limited to, as a result of negligence, breach of contract, misrepresentation or otherwise on Our or their part in relation to any of the Goods We supply under the Contract shall not exceed the amount paid or payable by You for the relevant Services.
12.2 Subject to clause 11.5 below, any and all liability for the following is, so far as the law will allow, hereby excluded:
12.2.1 any losses, costs, expenses, claims, proceedings or damages which do not arise as a direct and/or natural consequence of the default in question, including, but not limited to, indirect, special, exemplary, punitive or consequential loss or damage;
12.2.2 loss of profits;
12.2.3 loss of anticipated savings;
12.2.4 loss of revenue or business;
12.2.5 loss of opportunity;
12.2.6 loss of or damage to reputation;
in each case whether arising from negligence, breach of contract or otherwise, even if We have been advised of the possibility of such losses, costs, expenses, claims, proceedings or damages arising.
12.3 We will not be responsible for any losses, costs, expenses, claims, proceedings or damages suffered or experienced by You resulting from inadequate, incomplete or erroneous information (whether in the Specification or otherwise) supplied to Us by You or on Your behalf. Unless We agree otherwise, and so consent in writing, the Goods are provided by Us to You and We shall be under no liability to any third party whatsoever in respect of the supply of the Goods to You.
12.4 Except as set out in these Terms, any and all warranties, representations, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
12.5 Nothing in these Terms shall exclude or limit in any way whatsoever, Our liability or that of Our directors, consultants, agents, sub-contractors and employees for:
12.5.1 death or personal injury caused by Our negligence or that of Our directors, consultants, agents, sub-contractors or employees; or
12.5.2 fraud or fraudulent misrepresentation; or
12.5.3 any other liability that cannot be excluded or limited by law.
12.6 We may, at Our option, decide to give You a refund of the Charges paid by You in the event that the Goods supplied by Us are defective or unsuitable for Your purposes. In these circumstances, You hereby agree to accept such a refund.
12.7 Under no circumstances whatsoever shall We be liable or accept any responsibility for any costs or expenses incurred or spent by You in making any change, modification or alteration of any Goods and, for the avoidance of doubt, We do not agree to or authorise You or any other party to make any of the same.
13.1 These Terms apply to any Goods supplied by Us subject to any variation as may be agreed in writing between You and Us.
13.2 Nothing in these Terms shall affect the rights of consumers.
13.3 These Terms comprise all of the terms and conditions which apply to the supply of the Goods and the Contract.
13.4 Neither You or Us may, without the prior written consent of the other, assign, transfer or sub-contract any or all of its rights or obligations under the Contract.
13.5 No person who is not a third party to the Contract shall have any rights whatsoever (whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise) to enforce any of the terms of the Contract.
13.6 The Contract sets forth the entire agreement between You and Us and supersedes any and all prior oral or written agreements, understandings or arrangements relating to the subject matter of these Terms. Neither You nor Us shall be entitled to rely on any agreement, understanding or arrangement which is not expressly set out in these Terms.
13.7 These Terms shall be governed by and construed in accordance with English Law and You and We hereby agree to submit to the exclusive jurisdiction of the English Courts.
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