TERMS OF USE

AGREEMENT TO OUR LEGAL TERMS

Last updated 09/04/2024

Welcome to Automotive Performance Specialists (APS), your trusted destination for high-quality car parts and accessories in the United Kingdom. Before using our services or making a purchase, please carefully read the following terms and conditions. By accessing our website and making a purchase, you agree to abide by these terms.

1. Definitions:

“APS” refers to Automotive Performance Specialists, the company providing car parts and accessories.
“Customer” refers to any individual or entity purchasing products from APS.
“Website” and/or “Service” refers to the online platform operated by APS for the sale of car parts and accessories.

2. Ordering and Payment:

By placing an order through our website, you warrant that you are legally capable of entering into a binding contract.
All orders are subject to availability and acceptance by APS. APS reserves the right to refuse any order placed through the website.
Prices listed on the website are in GBP and inclusive of VAT, where applicable. Additional charges such as shipping fees may apply and will be clearly communicated during the checkout process.
Payment for orders must be made in full at the time of purchase. APS accepts major credit and debit cards as well as other payment methods specified on the website.

3. Delivery:

APS aims to dispatch orders promptly, usually within 1-2 business days of receiving payment.
Delivery times may vary depending on the destination and the shipping method chosen at checkout. APS will provide estimated delivery times, but these are not guaranteed.
While APS endeavours to ensure timely delivery, we shall not be liable for delays caused by circumstances beyond our control, such as postal delays or customs clearance processes.

4. Returns and Refunds:

APS offers a 30-day return policy on most products, subject to certain conditions. Please refer to our Returns Policy for detailed information on eligibility and procedures for returning items.
Returned items must be unused, in their original packaging, and accompanied by proof of purchase.
Refunds will be processed within a reasonable timeframe after the returned items are received and inspected by APS. Shipping costs are non-refundable unless the return is due to a fault on our part.

5. Product Warranty:

Many products sold by APS come with a manufacturer’s warranty. The terms and duration of warranties vary depending on the product and manufacturer. Please refer to the product documentation or contact APS for warranty information.
APS will facilitate warranty claims on behalf of customers, but the resolution of such claims is subject to the policies of the respective manufacturers.

6. Limitation of Liability:

To the fullest extent permitted by law, APS shall not be liable for any direct, indirect, incidental, special, or consequential damages arising from the use or inability to use our products or services.
APS’s total liability for any claim, whether in contract, tort, or otherwise, shall not exceed the total amount paid by the customer for the relevant product or service.

7. Governing Law and Jurisdiction:

These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales.
Any disputes arising out of or in connection with these terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

9. Prohibited Activities:

Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
Use any information obtained from the Services in order to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Services in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to the Services.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another user.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
Use a buying agent or purchasing agent to make purchases on the Services.
Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavour or commercial enterprise.

10. Contribution Licence

You and Services agree that we may access, store, process, and use any information and personal data that you provide and your choices (including settings).

By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

11. Services Management

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

12. Term and Termination

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

14. User Data

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

15. Electronic Communications, Transactions, and Signatures

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

16. User Accounts and Security:

User Accounts: By creating an account on our website, you agree to provide accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify us immediately if you suspect any unauthorized access or use of your account.
Security Measures: We employ industry-standard security measures to protect your personal information and secure our website against unauthorized access, alteration, disclosure, or destruction. However, we cannot guarantee absolute security due to the inherent risks associated with internet transmission and electronic storage.
Prohibited Activities: Users are prohibited from engaging in any activities that may compromise the security or integrity of our website or interfere with the experience of other users. This includes but is not limited to hacking, phishing, spamming, distributing malware, or attempting to gain unauthorized access to other accounts or systems.
Suspension or Termination: We reserve the right to suspend or terminate user accounts at our discretion, especially in cases of suspected fraudulent activity, violation of our terms and conditions, or failure to comply with security protocols. We may also take legal action if necessary to protect our rights or the rights of other users.

17. Force Majeure:

Events Beyond Control: APS shall not be liable for any failure or delay in performing its obligations under these terms and conditions if such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, strikes, riots, government actions, or any other force majeure event.
Mitigation of Impact: In the event of a force majeure event, APS will make reasonable efforts to mitigate the impact on our operations and fulfil our obligations as soon as reasonably practicable. However, we shall not be held liable for any losses, damages, or delays resulting from such events beyond our control.
Notification: If a force majeure event occurs that affects our ability to fulfil orders or provide services, we will promptly notify affected customers and provide updates on the status of their orders or services.
Termination or Suspension: APS reserves the right to suspend, delay, or terminate the performance of our obligations under these terms and conditions if a force majeure event continues for an extended period, and it becomes impractical or impossible to fulfill our obligations.

18. Miscellaneous

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

19. Amendments:

APS reserves the right to modify or amend these terms and conditions at any time without prior notice. Any changes will be effective immediately upon posting on the website.
It is the responsibility of the customer to regularly review these terms and conditions. Continued use of our website and services constitutes acceptance of any modifications or amendments.
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

If you have any questions or concerns regarding these terms and conditions, please contact us at contact@aps.co.uk.