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TERMS AND CONDITIONS

1. Terms and Conditions

By using this Website you agree to comply with the listed terms and conditions. The term “you” refers to the Website user. The terms “us” or “we” used throughout the terms and conditions refers to German Car Parts Centre Limited who own and operate Ottocarparts.com. The term “Website” refers to the website Ottocarparts.com. The term “Products” refers to the products for sale on this Website.

2. Information about us

German Car Parts Centre Limited operates the Website Ottocarparts.com. The company was formed in 1995. Our primary trading address and address for general correspondence is OTTOcarparts.com, Unit B2 Airton Park, Airton Road, Tallaght, Dublin 24, Ireland. Our registered office is at 69 Fitzwilliam Square, Dublin 2, Ireland and our registered company number is 8235552. Our Irish VAT number is IE8335552V.

3. Website use

3.1 Access to this Website is permitted on a temporary basis.

3.2 You agree to use this Website for lawful purposes only and in a manner which does not infringe upon the rights of Ottocarparts.com or any third parties.

3.3 We reserve the right to withdraw or amend the services provided without notice.

3.4 Ottocarparts.com shall in no event be liable for any loss or damage including without limitation, indirect or consequential damages, whatsoever arising from or in connection with the use or loss of use of the Website, or any content of the Website.

3.5 This Website contains links to other websites and your use of these sites is governed by the terms and conditions within those websites and is not the responsibility of Ottocarparts.com.

4. Website content

4.1 The intellectual property rights in all software and content made available to you on this Website are solely for your personal use and remains the exclusive property of Ottocarparts.com or it’s licensors.

4.2 The content of this Website may not be used in connection with any commercial enterprise or business.

4.3 You are not permitted reproduce, distribute, manipulate or publish the content or copies of the content of this Website.

4.4 The content provided by us or other content providers on the Website including but not limited to, images, photographs, design, graphics and text are protected by copyright laws and treaties around the world.

4.5 German Car Parts Centre Limited reserve the right to close or suspend an account if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to interfere with the operation of the Website or to hide the use of multiple accounts.

5. Your Status

By placing an order to purchase Products on our Website you warrant that

  • You are over 18 years of age
  • You possess a valid Credit or Debit card
  • You are capable of entering into legally binding contracts
  • The information you supply to us is complete, factually accurate and not misleading.

 

6. Forming the contract

6.1 Orders are placed online.

6.2 If we accept your order, you will receive confirmation by email.

6.3 The contract between us shall not be formed until we have debited your debit or credit card.

7. Pricing and Availability

7.1 Product prices shown on our Website are inclusive of VAT.

7.2 The price of our Products and delivery charges are as quoted on our Website.

7.3 The “Total Cost” is clearly displayed and includes the price of the Products together with any related delivery, insurance and packaging charge.

7.4 Whilst we try to ensure that all prices, descriptions and availability indicators are accurate on our Website, errors may sometimes occur. If we discover an error in the price of a Product you have ordered from us or in the cost of delivery of that Product we will inform you of this price change to allow you cancel the order or to reconfirm the order at the correct price.

7.5 It is you responsibility to ensure that reasonable contact by ourselves is possible during reasonable hours, based on the information you provided to us. If we are unable to contact you to inform you of the price or availability change we will cancel your order.

8. Payment

8.1 Your debit or credit card will be charged in full, once the order has been confirmed.

9. Delivery

9.1 Delivery of the Products normally takes between 1 to 3 working days from the time of order confirmation.

9.2 Products are subject to availability therefore delays may occur. If we are unable to deliver the Products with 14 days you have the right to cancel the delivery. We are not liable for any loss, damage, costs or expenses that may arise as a result of a delay in delivery of the Products or from our inability to deliver the Products. You remain responsible to do what is best for your own circumstances in this regard.

9.3 It is your responsibility to provide us with a complete and accurate delivery address. We will not accept liability for your failure to provide this information.

9.4 Your order will be shipped by the most suitable carrier.

9.5 A signature and proof of identity may be required by the carrier.

9.6 We shall not be held liable for any delay in delivery or failure to deliver due to Force Majeure Events. Such events include war, flood, fire, theft, strike action and any other unforeseen conditions over which we have no control. In such circumstances we reserve the right to cancel your order and limit our liability to a full refund.

9.7 It is your responsibility to ensure that all Products you order are legal in your country.

10. Vehicle identification

10.1 Please ensure that the make and model returned by the "Search by Registration" feature on our website matches your vehicle.

10.2 An incorrectly entered registration number will result in the wrong parts catalogue being returned.

10.3 A large number of imported vehicles in Ireland do not have their chassis numbers correctly recorded with the Vehicles Registration Office which makes it difficult to positively identify the vehicle. We accept no liability for the supply of Products unsuitable for your vehicle where such an errors have occurred.

10.4 If the vehicle returned by the "Search by Registration" feature does not match your vehicle you can alternatively use the "Search by Vehicle" feature.

10.5 It remains your sole responsibility to ensure that you have provided us with the correct vehicle details.

11. Privacy and Identification

11.1 We are totally committed to protecting the privacy of our Website visitors.

11.2 In order to process your order we require information from you. By using the Website you consent to us processing such information.

11.3 You warrant that all information provided by you is factually correct.

11.4 We will not disclose information about you to third parties except where it is part of providing a service to you.

11.5 Please see our full Privacy Policy

12. Returns and Refunds

12.1 As Products may need to be returned please keep all documentation, instructions, packaging and the Products themselves clean and protected until you are satisfied that they are precisely the Products that you require.

12.2 If you return The Products to us because you have cancelled the Contract between us within the 14 day period (see clause 13.1) then we will refund you for the Products (excluding delivery cost) as soon as possible subject to clause 12.3.

12.3 The Products must be in perfect condition and have not been fitted. The Products must be returned to us together with the original packaging and documentation intact and unmarked. They must as new and fit for resale as such.

12.4 If you have ordered or received an incorrect Product we may dispatch a replacement Product for which you will be charged. Once the incorrect Product has been returned we will issue a refund subject to clauses 12.3.

13. Consumer rights

13.1 If you are contracting as a consumer, you may cancel a Contract at any time within 14 days from the date you received the Products.

13.2 To cancel a Contract you must inform us by email or telephone. Provided you have complied with clause 12.3 and return the Products at your own cost and risk you will receive a full refund for the price you paid for the Products.

13.3 If you are purchasing the Products other than as a consumer then no such rights of cancellation shall apply.

14. Risk and Title

14.1 Risk in the Products passes to you from the time of delivery

14.2 The title of the Products remains with us and will not pass to you until we receive full payment of all sums due in respect of the Products, including delivery charges.

15. Warranty

15.1 Products are supplied with the benefit of a manufacturer’s warranty subject to clauses 15.2 and 15.3.

15.2 If Products become faulty during the manufacturer’s warranty period the Products must be returned to us together with a completed warranty returns form. The Products will be returned to the manufacturer for testing. Based on the manufacturer’s opinion and subject to clause 15.3 we will repair , replace or refund such Products or not.

15.3 No repair , replacement or refund of Products will be available in respect of

a) Consumable Products such as fluids, oils, filters, bulbs, brake pads and discs.

b) Faults arising due to the incorrect fitting of the Products, wear and tear, alteration, negligence, wilful damage, misuse, abnormal storage or working conditions, failure to follow manufactures instructions or (if there are none) good practice regarding the same.

c) Correctly supplied electric or electronic components including airflow meters, sensors, EGR valves, lambda probes, wheels speed sensors, fuel pumps etc., which are unaccompanied by a diagnostics fault report from an independent expert.

16. Events outside our control

We shall not be held liable for any delay in delivery or failure to deliver due to a Force Majeure Event. Such events include war, floods, fire, theft, strike action and any other unforeseen conditions over which we have no control. In such circumstances we reserve the right to cancel your order and limit our liability to a full refund.

17. Limitation of Liability

17.1 We will use reasonable skill and care in performing our duties under the Contract.

17.2 By placing an order on our Website or by telephone you warrant that the information you supply to us is accurate. We shall have no liability for any loss, damage, costs or expenses you may incur as a result of your failure to provide factually correct information about the intended delivery address and the quality and quantity of Products you have ordered.

17.3 It is you responsibility to ensure that the Products are suitable for use with the intended vehicle prior to use. We cannot make any representation as to the suitability or fitness for purpose of any of the Products sold on this Website for use on a specific vehicle.

17.4 Subject to clause 17.6 we shall not be liable to you in respect of :

a) Loss of income or revenue

b) Loss of business

c) Loss of profits

d) Loss of anticipated savings

e) Loss or corruption of data

f) Waste of management or office time

g) Depletion of goodwill

h) Any other losses which were not reasonably foreseeable to us at the time of entering into Contract

17.5 Subject to clause 17.6 our maximum aggregate liability to you under or in connection with these terms and conditions shall be limited to 125% (one hundred and twenty five per cent) of the price payable for the Products for any one event or series of connected events.

17.6 Nothing in theses terms and conditions excludes or limits our liability :

a) for death or personal injury resulting from our negligence;

b) for fraudulent misrepresentation or;

c) for any other liability which cannot be excluded or limited under applicable law.

18. Waiver

If you breach any of these terms and conditions and we take no action this does not constitute a waiver by us on any subsequent breach. We will still be entitled to use our rights and remedies under the Contract.

19. Severability

In the event any court decides that any of the provisions of these terms and conditions of the Contract are unlawful, invalid or unenforceable to any extent then the term will, to that extent only, be removed from the terms and conditions. All other terms and conditions will remain in full force.

20. Right to Amend Terms and Conditions

We reserve the right to amend and revise our terms and conditions at any time.

21. Third party rights

Only ourselves and you have any rights under this Contract. A person who is not a party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contract.

22. Law and Jurisdiction

Any contract formed for the purchasing of Products from this Website and any dispute arising in relation to this Contract will be governed by the relevant Irish Law and you consent to jurisdiction of the Irish Courts in all matters regarding same.


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