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TERMS & CONDITIONS OF WEBSITE USE
Definitions:
Company', 'seller', 'us' and 'our', shall forthwith refer to LS Power Limited and trading in the selling, supply, and fitment of specialist motor parts and services.
Purchaser', 'customer', 'client', 'buyer' and 'you', shall forthwith mean any person, sole trader, partnership, business or other entity. Those purchasing in the course of trade, profession or vocation, or in pursuit of sport or hobby (thus acknowledged as an enthusiast or competitor), shall further be defined as trader.
The terms and conditions are applicable to any correspondence, estimate, quotation, contract or order.
Data protection
Website:
Our website does not store any information about you.
Email:
By emailing LS Power Limited you are agreeing that we may contact you via that medium. We do not have a formal mail list but from time to time we may consider emailing our customers with important news or announcements of interest. We will not spam you. If at anytime you decide you no longer wish to receive emails from us, please email to request that we stop. We will not share your email address with any third parties, unless you expressly agree to this - for example if you ask to be put in touch with a company that offers a product or service that we do not.
Details held on file in our office:
On making an enquiry with us, we may hold any of the following details on file (computer and paper):
Your name, address and telephone number, as well as details relating to your car and anything you purchase from us and enquire about.
In giving us your address, you agree that we may contact you via letter. We do not have a formal mail list but from time to time we may consider writing to our customers with important news or announcements of interest. We will not send you unsolicited mail shots. If at anytime you decide you no longer wish to receive written correspondence from us, please request in writing that we stop. We will not share your home address with any third parties, unless you expressly agree to this - for example if you ask to be put in touch with a company that offers a product or service that we do not.
If you purchase something from us using a credit or debit card, we will keep details of the card number, name on card, valid from and expiry dates, the registered address and delivery address. However, in line with the Data Protection Act, we do not keep a record of the security code written on the signature strip of your card.
Disclosure:
Under the terms of the Data Protection Act we are obliged to disclose any and all information held on you if you so request in writing.
Website Terms and Conditions:
All information, photographic images, graphical content etc remains the copyright of LS Power Limited and may not be reproduced without our express consent.
Pricing policy:
We reserve the right to change prices (either up or down) at any time without prior notice. Please note that manufacturers also reserve the right to make amendments to price without giving notice and furthermore some goods or services may be subject to fluctuations in tax, duty, levy, surcharge and/or exchange rate. Whilst we endeavour to maintain our website and regularly update its content, the prices shown here may not reflect the actual price of goods and services listed. Therefore, please telephone for today's price.
Descriptions and specifications:
The descriptions and specifications shown on this website are for indicative purposes and guidance only. They do not constitute a description under the terms of the Sales of Goods Act (1979) and the Supply of Goods and Services Act (1982). We reserve the right to change the description and specification of any listed product or service without prior notice. Please note that manufacturers also reserve the right to make amendments to specifications, descriptions and so on without notice. Whilst we endeavour to maintain our website and regularly update its content, the descriptions and specifications shown here may not be the most up to date. Therefore, please ensure that you are fully satisfied with the specification and description of any product before order or purchase.
Terms and conditions of Trade:
1. As per website terms and conditions, prices of products may be subject to alteration without prior notice and/or fluctuations passed down to us by suppliers/distributors. As such prices must always be confirmed with us.
2. As per website terms and conditions, descriptions and specifications of products and services may be subject to alteration without prior notice and/or amendments made by manufacturers/suppliers/distributors. As such you must ensure that you are fully satisfied with the specification and description of any product before order or purchase.
3. The company reserves the right to amend technical or clerical errors in any order without notice. In addition, the buyer shall ensure that all details contained within the order are correct and no liability for any error or inaccuracy shall lie with the company unless notified of such error within five days of receipt of any document containing the said error.
4. Statutory rights under Sales of Goods Act (1979) and the Supple of Goods and Services Act (1982) will be upheld.
Guarantees:
5a. Third party. Where products are guaranteed by the manufacturer, please ensure you fill out and return any cards or registration papers.
5b. LS Power Limited we offer additional guarantees on some items and services. These are determined individually and on a case by case basis. If the product you have purchased carries a LS Power Ltd guarantee, please refer to your individual documentation.
Limitations upon liability:
6. Advice given by agents or servants of this company during telephone/email orders is based entirely upon information given by the purchaser with no inspection undertaken. No liability can therefore be accepted by the company for incorrect advice given and all such advice should be checked by the purchaser prior to order.
7. Where advice is given after visual inspection by agents or servants of this company, such advice shall amount to an opinion only and the company shall not accept liability for any inaccuracies. Additionally, goods supplied are supplied only to correspond to the purpose for which goods of that kind are commonly supplied and not alternative uses to which they may be put. No liability for failure can be accepted by this company for such alternative use, amendment or modification.
8. Where goods purchased by the buyer are alleged to be defective, the purchaser agrees to return such goods to the seller for inspection and report at the purchaser's expense (without the seller replacing the said goods prior to such inspection). The purchaser further confirms that it shall be reasonable for the seller to inspect, repair or replace (at its option) such defective goods and allow manufacturers to undertake inspections so as to allow production methods to be modified. The purchaser also accepts that it is reasonable to inform the seller of any interruption, defect or other failure prior to contacting independent third parties or incurring additional expense and, in addition, to allow the seller to remedy the defect, failure or interruption. Parts modified or adapted by the purchaser shall no longer be warranted by the manufacturer nor shall the company be liable for any failures resulting subsequent to modification.
9. For trade buyers, the company is hereby excluded from any liability, howsoever arising, in respect of any express or implied condition, warranty or term, statement, representation whether statutory or otherwise, relating to the goods supplied. The trade buyer accepts that he is best placed to insure against losses which arise by virtue of any breach of this agreement and warrants that he carries adequate insurance in this respect.
10. Competition goods are supplied for specialist use. Life expectancy and durability are greatly reduced and purchasers should note that any claim for failure/wear & tear shall not be entertained by the company and it is agreed that such use shall be a relevant circumstance for the Sale of Goods Act 1979 (as amended). In addition, parts connected to parts supplied by this company may be placed under stress where specialist/competition parts are used, and purchasers should take advice from experts prior to purchase. Manufacturers may also limit guarantees when components are installed for competition use.
11. Where goods are defective, incorrectly supplied, or otherwise in breach of the implied terms of the buyers statutory rights, all losses which result from loss of competition points, awards, loss of entry fees or other similar losses, are excluded and shall not be reclaimable from the company. In addition, the company shall accept no liability for death or personal injury.
12. No liability is accepted by the company where purchasers attempt to modify or install components supplied where it is known or ought reasonably to be known that the part supplied is incorrectly supplied, defective or otherwise not in accordance with the order.
13. The company accepts no liability in respect of failure to supply or other interruptions caused by matters beyond the reasonable control of the company, including strikes, lockouts, civil disputes, acts of God, war or actions by third parties.
Payment terms:
14. All goods must be paid for in full before delivery.
15. Special order parts must be paid for in full, in advance.
16. Quotations are given on the understanding that prices will not change due to price changes imposed from manufacturers/suppliers/distributors and/or due to fluctuations in tax, duty, levy, surcharge and/or exchange rate. In the event of such changes the purchaser will be liable for the full amount without prior notice form the company.
Title and delivery:
17. Title to the product shall not pass to the buyer until the company has received payment in full. In the event that sums owing in respect of other items ordered remain due, apportionment by this company shall take place without prejudice to the right to retain title in respect of all goods ordered.
18. Delivery times will be advised at the point of order but should be taken as approximate. Where delivery is affected by the purchaser directly, or his agent, risk shall pass to the buyer immediately.
19. The buyer is required to notify the company, in writing, of any shortage, mis-delivery or other discrepancy immediately, or at the latest within five days of such failure, thereafter the buyer shall be liable for any such discrepancy. Where delivery is affected to the buyers own delivery contractor loss or damage in transit claims should be made directly to the carrier. The company will assist purchasers in making their claim. Buyers should retain all packaging in the event of a claim or return within the terms of this agreement.
Cancellation:
20. Under the Consumer Protection (Distance Selling) Regulations 2000, you have the right to cancel any order made via telephone, fax or email, within 7 working days of placing the order. This must be done in writing. On our receipt of such notification of cancellation, you must return the goods, in original packaging, unused or installed, with any original seals or tags in place, at your sole expense. We will then affect a full refund. Special order items cannot be returned or refunded.
This agreement shall be interpreted within English law.
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PRIVACY POLICY
At LS Power Ltd we are committed to maintaining your privacy.
We operate a policy devoted to strict customer confidentiality at all times. The company is registered under the Data Protection Act 1998 (the Act). If we make any changes to this Privacy Policy we will immediately notify you by updating this statement on our websites.
Information Collected
We collect information via online feedback and ordering forms, by e-mail, fax and post. We may ask for your name, address, telephone number, fax number and e-mail address and/or any additional information sent voluntarily.
How do we use the information we have?
We collect information for the purposes of:
1. Supplying information about our products or services when requested.
2. Answering any questions or queries.
3. Fulfilling orders.
4. Providing a first class, confidential and effective service.
We may also use the information to keep you informed by post, e-mail or other available channels of features, services, products, promotions and special offers from us. We may sometimes use the information we collect to let you know about important functionality changes to our websites. If you prefer us not to provide you with any of this information, please let us know by emailing us at sales@lsv8power.co.uk.
Disclosing the information we have
Customer information is always treated as strictly confidential. We will not disclose it to any third party (other than an affiliated company of LS Power Ltd) without the express permission of the customer except:
- As required by law.
- In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
- If our company or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
- If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use or terms and conditions of supply and other agreements; or to protect the rights, property, or safety of us, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
We may pass non-personal aggregated information about sales and website usage to reputable organisations for research or analysis purposes only.
In the unlikely event that information about you is transferred outside the European Economic Area we will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.
Links to other websites
Our website has a number of links to other websites. We have no control over their content and are therefore not responsible for their privacy practices. We never disclose personal information to sites linked to our website. This privacy policy applies solely to LS Power Ltd and information collected by us.
Security of information we have
Any information collected by us is collected and processed in accordance with the UK's Data Protection laws. We aim to ensure that the personal information you give us is kept secure and processed fairly and lawfully.
We take all reasonable precautions to protect all personal data that you may input via our websites, however, we cannot be responsible for and therefore exclude all liability for loss or misuse of personal data which is intercepted or otherwise accessed by unauthorised persons.
Removing your details
You may at any time have your details removed from our database. Simply email your request to us at sales@lsv8power.co.uk. We will then ensure that your details are removed as soon as practicable.
The Act also gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
Customer information
By using our websites, you consent to the information you give us being processed for any of the purposes we have explained above except where we have received your email message through the email address sales@lsv8power.co.uk.
Cookies
No cookies from our website are downloaded on to your computer.
Feedback
If you have any comments, queries or complaints relating to our Privacy Policy, please email us at sales@lsv8power.co.uk.
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ACCEPTABLE USE POLICY
Use of Site
You may use our site only for lawful purposes. You may not use our site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
Interactive Services
We may from time to time provide interactive services on our site, including, without limitation:
- Chat rooms.
- Bulletin boards.
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
Content Standards
These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
Contributions must:
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Suspension and termination
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this acceptable use policy constitutes a material breach of the terms of use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use our site.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
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