Terms & Conditions
Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure they contain all that you want and nothing that you are not happy with. If you re not sure about anything and wish to clarify, just phone us on +44 (0)1263 768768.
1. These Terms and Conditions will apply to the purchase of good by you (the Customer or you). We are Jaymic Limited a Company registered in England & Wales under number 5218087 whose registered office is at 2002 Thurgarton Road, Aldborough, Norfolk, NR11 7NY. Or email address is: firstname.lastname@example.org; telephone is +44 (0)1263 768768; fax number +44 (0)1263 768336 (the Supplier or us or we).
2. These are the terms on which we sell Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. By ordering any of the services, you agree to be bound by these Terms and Conditions. You can only purchase the Goods from this Website if you are eligible to enter into a contract and are at least 18 years old.
3. Consumer mean an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
4. Contract means the legally-binding agreement between you and us for the supply of the Goods;
5. Delivery Location means the Supplier's premises or other location where the good are to be supplied, as set out in the Order;
6. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, that allows the unchanged reproduction of the information stored;
7. Goods means the Goods advertised on the Website that we supply to you of the number & description as set out in the Order;
8. Order means the Customer's order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
10. Website means our website www.jaymic.com on which the Goods are advertised.
11. The description of the Goods is as set out in the Website, catalogues or other forms of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the the size and colour of the Goods supplied.
12. Where possible our Goods are kept to original specification, however in some instances we have to supersede to the most viable alternative to maintain supply and keep cars on the road. Every effort is made to ensure good quality Goods.
13. In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
14. All Goods that appear on the Website are subject to availability. Stock level shown on the website is not live updated so may not be 100% accurate.
15. A back order system is used when a specific part is not in stock at the time of ordering. You will be notified if an item is back ordered on Order Confirmation. When the part is back in stock the back order will be processed automatically and the item will be dispatched to the Customer. If the particular part becomes NLA (No Longer Available) or does not become available within 6 months the back order will be cancelled and you will be refunded for the specific item.
16. We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
Personal Information and Registration
17. When registering on the Website you must set up a username & password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username & password to anyone else and keep them secret.
19. We may contact you by using email, telephone or other electronic communication methods and by prepaid post and you expressly agree to this.
Basis of Sale
20. The description of Goods in our Website doe not constitute a contractual offer to sell the Goods. When an order has been submitted on the Website, we can reject it for any reason, although we will try and inform you of the reason without delay.
21. The order process is set out on the Website. Each step allows you to check and amend any errors before submitting. It is your responsibility to check you have used the order process correctly.
22. A contract will be formed for the Sale of Goods only when you receive an email from us confirming your order. You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
23. Any quotation is valid for a maximum period of 7 days from it's date, unless we expressly withdraw it at an earlier time.
24. No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
25. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, e.g. by giving you rights as a business.
Price & Payment
26. The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing. Due to the volatility of world markets and currency fluctuations all prices are subject to change, we reserve the right to alter these prices without prior notice.
27. Prices and charges include VAT at the rate applicable at the time of the Order.
28. You must pay by submitting your credit or debit card details, via Paypal, with your Order and we can take payment immediately or otherwise before delivery of the Goods. Payment can also be taken by bank payment or Visa, Mastercard or Amex over the phone.
29. We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
30. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
a. we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
b. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
31. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
32 If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.
33. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
34. Overseas orders are often subject to local import duties, taxes, fees and Custom clearance, which will need to be paid for at point of entry. These charges are NOT included in the price of Goods or Delivery charges. We supply all relevant Customs forms and documentation required to ensure the Order arrives with the minimum of delay. If we accept an Order for delivery outside the UK you may need to pay import duties or other taxes, as we will not pay them.
35. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
36. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
37. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
Risk and Title
38. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
39. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
Withdrawal and cancellation
40. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us reason, and without incurring any liability.
41. You can cancel the Contract except for any Goods which are made to your special requirements (the Returns Right) by telling us no later than 14 calendar days from the day the Contract was entered into, if you simply wish to change your mind and without giving us a reason, and without liability, except in that case, you must return to any of our business premises the Goods in undamaged condition at your own expense. Then we must without delay refund to you the price for those Goods which have been paid for in advance, but we can retain any separate delivery charge. This does not affect your rights when the reason for the cancellation is any defective Goods. This Returns Right is different and separate from the Cancellation Rights below.
42. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods (with no others) in the following circumstances:
a. goods that are made to your specifications or are clearly personalised;
b. goods which are liable to deteriorate or expire rapidly.
43. Also, the Cancellation Rights for a Contract cease to be available in the following circumstances:
a. in the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery
Right to Cancel
44. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.
45. The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of goods over time (ie subscriptions), the right to cancel will be 14 days after the first delivery.
46. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by post, or email).You must be able to show clear evidence of when the cancellation was made.
47. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation in the cancellation period
48. Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you for the Order, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
Deduction for Goods supplied
49. We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.
Timing of reimbursement
50. If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:
a. 14 days after the day we receive back from you any Goods supplied, or
b. (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
51. If we have offered to collect the Goods or if no Goods were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this
52. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement unless you are an Overseas customer and have made payment in another currency. Currency fluctuations are beyond our control and may differ when exchanged back into the original currency.
53. If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at 2002 Thurgarton Road, Aldborough, Norfolk, NR1 7NY without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.
54. For the purposes of these Cancellation Rights, these words have the following meanings:
a. distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
b. sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.
Conformity and Guarantee
55. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
56. Upon delivery, the Goods will:
a. be of satisfactory quality;
b. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract. If you can supply a chassis number we can offer advice for the best suited part; and
c. conform to their description.
57. It is not a failure to conform if the failure has its origin in your materials.
58. We will immediately, or within a reasonable time, give you the benefit of the free guarantee given by the manufacturer of the Goods. Details of the guarantee, including the name and address of the manufacturer, the duration and territorial scope of the guarantee, are set out in the manufacturer's guarantee provided with the Goods. This guarantee will take effect at the time the Goods are delivered, and will not reduce your legal rights.
59. All parts are warranted against defects in materials and workmanship for a period of 12 months from date of purchase. The warranty does not cover labour charges, failure or a related component, failure resulting from incorrect installation or misuse, nor will the warranty in any event be greater than the cost of the original component. Most manufacturers will exclude warranty for parts used in Motorsport, if you wish to question a particular part please contact us for information.
Successors and our sub-contractors
60. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
Circumstances beyond the control of either party
61. In the event of any failure by a party because of something beyond its reasonable control:
a. the party will advise the other party as soon as reasonably practicable; and
b. the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery and any right to cancel, below.
62. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer's business, trade, craft or profession which would not be suffered by a Consumer - because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
Governing law, jurisdiction and complaints
63. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
64. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
65. We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs customers should contact us by telephone +44 (0) 1263 768768 to find a solution. We will aim to respond with an appropriate solution within 5 working days.