(1) The present General Terms and Conditions shall apply to all business relations between RBS Spares Ltd, and its customers, as defined at the time of conclusion of the contract be it verbal or written, and as far as these refer to business transactions carried out by electronic means or not.
(2) These General Terms and Conditions shall apply exclusively. Conflicting conditions of the customer or conditions differing from those indicated in our General Terms and Conditions cannot be accepted, unless approved of by RBS Spares Ltd in writing in individual cases.
(3) RBS Spares Ltd will be responsible for delivery and invoicing.
Formation of Contract
(1) The description of our range of products on the Internet just serves to inform the customers. It is no offer to conclude a contract within the meaning of any contractual codes. Contractual obligations, e.g. within the meaning of a delivery guarantee, do not arise from that for RBS Spares Ltd
(2) By sending an order to RBS Spares Ltd, the customer offers to conclude a contract. The customer will then receive an e-mail or other message confirming receipt of the offer. If individual information on the range of products on the Internet are faulty, RBS Spares Ltd shall inform the customer separately after receipt of the order and submit an appropriate counter offer to him.
(3) The contract with RBS Spares Ltd shall be brought about with RBS Spares Ltd acceptance of this offer. The acceptance of the offer shall be subject to the proviso that the goods are actually available. A separate confirmation of the acceptance of the offer by RBS Spares Ltd to the customer shall not be necessary. If RBS Spares Ltd cannot accept the offer of the customer, the customer shall be informed about it electronically.
Right of Withdrawal
(1) The customer shall be entitled to withdraw his declaration of intention to conclude a contract within 14 days after dispatch of the goods by returning the goods at their expense to RBS Spares Ltd. No damaged or used item will be accepted. To comply with this term, it is sufficient to dispatch the goods in time.
(2) The charges and liabilities for the return of the goods shall be the responsibility of the customer.
(3) In the case of withdrawal, RBS Spares Ltd shall refund the purchase price, if already paid, to the customer. Any return charges paid by RBS Spares Ltd for whatever reason will be deducted from the purchase price. Where a purchase has been made by a person from a foreign country by mistake the amount paid will be returned, minus any fees payable to refund the monies.
(4) In the case of a considerable deterioration in the quality of the goods or in the case of loss, the customer shall make good the corresponding reduction in value or loss to if he withdraws his order. If the customer has already paid the purchase price, RBS Spares Ltd shall be entitled to deduct the reduction in value from the amount repayable thought reasonably fit by RBS Spares Ltd.
(5) The right of withdrawal shall be barred in the following cases:
a) with contracts for the delivery of car panels fitted by the customer to a car by welding or similar;
b) with contracts for the delivery of goods manufactured according to customer's specifications within the meaning of Art. 3 para. II No. 2 Mail Order Marketing Act, or of goods unsuitable for returns, such as one way fixing items;
c) with contracts on other deliveries barring the right of withdrawal expressis verbis.
(6) RBS Spares Ltd reserve the right to refuse and withdraw from any order made. RBS Spares Ltd do not have to give a reason for this retraction. In certain circumstances they may levy 2% admin charge, such as International money returns.
The Returns and Refund Policy
The returns policy in accordance with the terms and conditions document is as follows
(1) The customer shall have the right to return the item purchased. However, the customer must complete the online Returns form found at the bottom of the home page under Returns. Once the form has been completed a Returns Authorisation (RA) number will be issued in accordance with RBS Spares' Ltd Returns terms and conditions. When an RA number has been received the goods must be suitably packaged with the RA number clearly marked on the outside of the box / package.
(2) The item shall be returned at the customer's expense.
(3) Any postal or transfer loss upon a return shall be at the customer's liability. We therefore recommend some form of insurance.
(4) The item shall be returned within 14 days of dispatch, after this time returns will not be accepted under any circumstance.
(5) Any items returned within 14 days of dispatch, which have been returned due to buyer error will incur a £15.00 administration and re stocking fee. If an initial postage cost was charged then this cost will be deducted from the refund.
(6) Items returned within 14 days of dispatch as result of an error on the part of RBS Spares Ltd shall receive a full refund.
(7) The items must be well packed against damage.
(8) All items must be in reasonable condition. Any item found to have been mis-used, damaged, showing fitting damage or welds will not be accepted.
(9) RBS Spares Ltd reserve the right to repay the monies owed by cash, cheque or money transfer, whichever is deemed best for the circumstance.
Delivery of Ordered Goods
(1) RBS Spares Ltd shall deliver the ordered goods to the address indicated by the customer in the order as soon as possible. RBS Spares Ltd shall be entitled to make partial deliveries. However RBS Spares Ltd shall not be liable for the delay by any carrier or courier. Delivery will only be made within the United Kingdom unless pre-arrangements are made.
(2) The costs for the individual deliveries shall be charged to the customer by RBS Spares Ltd in the respective amount shown. All risks of delivery shall pass to the customer upon delivery of the goods from RBS Spares Ltd to the customer. Orders should be checked upon receipt to be in the condition they were expected in before being signed for. Signing for such items will invalidate the right to make any claim against RBS Spares Ltd or the courier company. If you are not satisfied with the delivered condition of your goods they should be signed for as damaged or refused.
(3) Information on terms of delivery shall not be binding, unless RBS Spares Ltd has given an undertaking in writing to the customer in individual cases.
(4) No backorders will be made for items which are out of stock.
Reservation of Ownership
Until complete settlement of all claims against the customer the delivered goods shall remain strictly the property of RBS Spares Ltd
Maturity and Payment of Purchase Price
(1) The purchase price shall be due upon conclusion of the contract.
(2) Payment shall be made by credit card, Paypal, bank transfer, cash or cheque. All cheques must be cleared funds before the item is dispatched. The goods will be dispatched then in accordance to the delivery terms as stated. RBS Spares Ltd shall act in accordance with the customer's wishes regarding the method of payment.
(3) If the customer is in default of payment for any reason, RBS Spares Ltd shall be entitled to charge default interest at a rate of 5% per year over the base lending rate in accordance with Art. 1 Discount Rate Transition Law of 9 June 1998 (BGBl. I S. 1242).
(4) The customer shall only be entitled to set-off if his counterclaims have been recognized by declaratory judgment in an English court.
Warranty of Quality
(1) RBS Spares Ltd shall be liable for any unstated defects upon delivery of the goods for the statutory warranty period. This however does not included any damage caused prior to, fitting of, or subsequent damage caused after the item was fitted.
(2) The customer binds himself to inform RBS Spares Ltd about any defects arising in writing immediately. In the event of a defect for which RBS Spares Ltd is responsible, RBS Spares Ltd shall, at its own discretion, either repair or replace the defective product.
(1) RBS Spares Ltd shall neither be liable for damages not related to the goods themselves, nor for missed profit or other economic losses of the customer.
All personal information of our customers will be treated confidentially. This information shall only be stored and processed to such extent as permitted by the customer and in strict observance of relevant rules and regulations of the data protection act.
The transfer of such information to third parties who are neither involved in the performance of the contract nor affiliates of RBS Spares Ltd, shall be excluded. RBS Spares Ltd shall be entitled to transfer personal information of the customers to affiliates of RBS Spares Ltd for the purpose of credit checking and credit control as part of a data exchange. RBS Spares Ltd shall also be entitled to transfer personal information upon legal request to any UK Government agency.
RBS Spares Ltd when taking debit /credit card order payments over the phone, does not store any credit card / debit card details or do they share any personal information with any third parties.
(1) These General Terms and Conditions are governed by the laws of The United Kingdom, to the exclusion of the CISG (United Nations Convention on Contracts for the International Sale of Goods). The place of performance and venue is Mainz.
(2) The nullity of any of the provisions herein shall affect neither the validity of the Agreement as such nor the validity of these General Terms and Conditions.