1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply goods to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
1.3 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
• You are an individual.
• You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
1.4 If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
2. Information about us and how to contact us
2.1 Who we are. We are Bearmach Limited a company registered in England and Wales. Our company registration number is 00603417 and our registered office is at Bearmach House, Unit 8, Pantglas Industrial Estate, Bedwas, Caerphilly, CF83 8GE. Our registered VAT number is GB217862843.
2.2 How to contact us. You can contact us by telephoning our customer service team at 0333 1233152 or by writing to us at [email protected] or Bearmach House, Unit 8, Pantglas Industrial Estate, Bedwas, Caerphilly, CF83 8GE.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. Our contract with you
3.1 How we will accept your order. Our acceptance of your order will only take place when we email you our invoice, at which point a contract will come into existence between you and us. Your order is an offer to buy the products. On receipt of your order we will send you an email acknowledging receipt of your order, but this order confirmation email does not confirm our acceptance of your offer to buy the products.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
4. Our products
4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to be as accurate as possible, all descriptions, drawings and particulars of weights, dimensions and performance are approximate only and may vary. We will make every effort to supply the products as advertised but reserve the right to supply the goods subject to minor variations where these are changed by the manufacturer.
5. Your rights to make changes
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
6. Providing the products
6.1 Delivery costs. Where possible the costs of delivery for consumers will be as displayed to you on our website. For certain products costs of delivery are not displayed as they may vary, for example, due to the size and/or weight of a product and the the delivery location and method. Where it is not possible to specify the costs of delivery on our website, the cost of delivery will be notified to you once we have received your order. The costs of delivery for businesses may differ from those displayed on our website and shall be included on our invoice.
6.2 When we will provide the products. During the order process we will let you know when we will provide the products to you at the location specified by you.
6.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside of our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
6.4 Click and Collect. If you have asked to collect goods from our premises, we shall notify you of the availability of the goods for collection and you can collect them from us at any time during our working hours of 8.00am to 5.00pm Monday to Thursday and 8.00am to 3.30pm Friday (excluding public holidays). If you do not collect the products from us within seven (7) days of the goods becoming available for collection (unless otherwise agreed), we may end the contract and clause 9.2 will apply.
6.5 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery. We may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the contract and clause 9.2 will apply.
6.6 When you become responsible for the goods. Goods will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you collects the goods from us. Where you are responsible for the goods but do not own them, you shall:
(a) store the goods separately from all other goods so that they remain readily identifiable as ours;
(b) not remove, deface or obscure any identifying mark or packaging on or relating to the goods;
(c) maintain the goods in satisfactory condition and keep them insured against all risks for their full price on our behalf from the date of delivery;
(d) notify us immediately in the event of you entering into liquidation or having a winding up order made against you, or you entering into any composition with your creditors, or a receiver, receiver and manager or administrative receiver being appointed over your assets or income or any part thereof, or in the event of you being an individual or individuals you committing any act of bankruptcy, or having any bankruptcy petition presented against you;
(e) not allow the creation of any mortgage, charge, lien or other security interest in respect of the goods; and
(f) give the us such information relating to the goods as we may require from time to time.
6.7 When goods you are responsible for must be returned. Without limiting any other right or remedy we may have, become subject to any of the events listed in clause 6.6(d) your right to use the goods in the ordinary course of business shall cease and we may at any time:
(a) require you to deliver up all goods in your possession; and
(b) if you fail to do so promptly, enter any of your premises or premises of any third party where the goods are stored in order to recover them.
6.8 If you resell or dispose of goods which you do not own. In the event of you reselling or otherwise disposing of goods (or part of any goods) before you have received payment in full, you will, until payment is made in full to us, hold in trust for us all rights under any such contract of sale or other contract in pursuance of which the goods (or part of any goods) are disposed of, or any contract by which property comprising the said goods (or part of any goods) is or is to be disposed of and any monies or other consideration received for them, and such proceeds are to be used first in discharge of any outstanding indebtedness to us. Further if you have not received the proceeds of any such sale you will if called upon to do so by us, upon demand, assign to us all rights against the person or persons to whom our goods have been sold.
6.9 When you own goods. You own goods once we have received payment in full including VAT and any delivery charges (where applicable).
7. Your rights to end the contract
7.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or to get some or all of your money back), see clause 11 if you are a consumer and clause 12 if you are a business or consumer;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2;
(c) If you are a consumer and have just changed your mind about the product, see clause 7.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
(d) In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 7.6.
7.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (c) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(b) there is a risk that supply of the products may be significantly delayed because of events outside our control; or
(c) you have a legal right to end the contract because of something we have done wrong.
7.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
7.4 When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of goods which have been made to your specification.
7.5 How long do consumers have to change their minds? If you are a consumer you have 14 days from date of invoice.
7.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind (see clause 7.1), excluding where a product or the line value of products with the same part number (set out in the invoice) being returned is less than ten pounds (£10.00) and special order products which are purchased for you outside of our stock range, you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct or charge you any delivery costs we have incurred and a restocking fee of 15% of the net price of the product we will incur as a result of you ending the contract.
8. How to end the contract with us (including if you are a consumer who has changed their mind)
8.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Phone or email. Call customer services on 0333 1233152 or email us at [email protected] Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) Online. Complete the form on our website at www.bearmach.com/returnorder
(c) By post. Write to us at Bearmach House, Unit, Pantglas Industrial Estate, Bedwas, Caerphilly, CF83 8GE including details of what you bought, when you ordered or received it and your name and address.
8.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must allow us to collect the goods from you. Please email us at [email protected] to arrange collection. If you are a consumer exercising your right to change your mind you must allow us to collect the goods within fourteen (14) days of you telling us you wish to end the contract.
8.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or misdescribed;
(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.
8.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.
8.5 How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
8.6 When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer a standard delivery of a product within 1-3 working days at one cost but you choose to have the product delivered next working day at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
8.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then:
(a) If the products are goods and we have not offered to collect them, your refund will be made within fourteen (14) days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 8.2.
(b) In all other cases, your refund will be made within fourteen (14) days of your telling us you have changed your mind
9. Our rights to end the contract
9.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within seven (7) days of us reminding you that payment is due; or
(b) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you a restocking fee of reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10. If there is a problem with the product
How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 0333 1233152 or write to us at [email protected] or by post at Bearmach, Unit 8, Pantglas Industrial Estate, Caerphilly CF83 8GE.
11. Your rights in respect of defective products if you are a consumer
11.1 If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. See also clause 7.3. Nothing in these terms will affect your legal rights.
11.2 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must allow us to collect them from you. Please email us at [email protected] to arrange collection. We will pay the costs of postage or collection.
12. Your rights in respect of defective products
12.1 We warrant that on delivery, and for a period of 12 months (unless an extended warranty period is stated on our website) from the date of delivery (warranty period), any goods shall:
(a) conform in all material respects with their description;
(b) be free from material defects in design, material and workmanship; and
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979).
This warranty is provided solely by us. For the avoidance of doubt, no warranty or guarantee is provided by Jaguar Land Rover, any of its official licenced importers, distributers or resellers.
12.2 Subject to clause 12.3 and 12.4 (where applicable), if:
(a) you give us notice in writing during the warranty period within a reasonable time of discovery that a product does not comply with the warranty set out in clause 12.1 prior to returning such product;
(b) we are given a reasonable opportunity of examining such product; and
(c) where requested by us, you return such product to us at our cost,
we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.
12.3 We will not be liable for a product's failure to comply with the warranty in clause 12.1 if:
(a) you make any further use of such product after giving a notice in accordance with clause 12.2(a);
(b) the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
(c) the defect arises as a result of us following any drawing, design or specification supplied by you;
(d) you alter or repair the product without our written consent; or
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
12.4 For business customers, where a warranty claim is in respect of genuine Jaguar Land Rover parts:
(a) the product must be returned within 14 days;
(b) the price paid must be minimum of thirty pounds (£30.00) per product and will be subject to our standard handling fee; and
(c) must be returned in the original undamaged packaging.
Failure to meet these requirements will result in a warranty claim for genuine Jaguar Land Rover parts being rejected.
12.5 For business customers except as provided in this clause 12, we shall have no liability to you in respect of a product's failure to comply with the warranty set out in clause 12.1.
12.6 For business customers, where a warranty claim is rejected by us and you have fourteen (14) days to respond to us before the product returned to us is disposed of or returned to you at your cost.
12.7 These terms shall apply to any repaired or replacement products supplied by us under clause 12.2.
13. Price and payment
13.1 Where to find the price for the product. The price of the product (which excludes VAT) will be the price indicated on the order pages when you placed your order plus VAT or any other charges separately identified when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 13.3 for what happens if we discover an error in the price of the product you order.
13.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
13.3 Surcharges on serviceable core parts. Where applicable a surcharge will be charged to your order and will only be refunded to you upon the return to us of what we (in our absolute and unfettered discretion) deem to be a serviceable core part within three (3) months of the original order once we receive the credit from the supplier. You will be solely liable for the transport, insurance, shipping and any other costs of re-delivery to us of such materials (even where we agree to collect them from you) and any damage to the serviceable core part. You agree that such costs may be deducted by us from the surcharge before being refunded to you.
13.4 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
13.5 When you must pay
(a) For non-credit account holders, and you must pay for the products and cleared funds must be received before we dispatch them.
(b) For credit account holders, unless otherwise agreed in writing, and provided you are within your credit account limits, payments for goods supplied by us are strictly as per terms agreed by us in writing beforehand. We may at any time on or after acceptance by notice in writing vary the terms of payment by demanding immediate payment or, at our option, adequate security for sums due. Credit facilities are based upon settlement within agreed terms of settlement, any failure to adhere to such terms may result in credit facilities being withdrawn by us without notice.
13.6 Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
13.7 We can charge interest if you pay late. If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 5% a year above the base lending rate of Barclays plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
13.8 What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
14. Our responsibility for loss or damage suffered by you if you are a consumer
14.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
14.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 11.1.
14.3 We are not liable for business losses. If you are a consumer, we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 15.
15. Our responsibility for loss or damage suffered by you if you are a business
15.1 Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
(d) defective products under the Consumer Protection Act 1987.
15.2 Except to the extent expressly stated in clause 12.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
15.3 Subject to clause 15.1:
(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
(b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under such contract.
16. How we may use your personal information. We will only use your personal information as set out in our www.bearmach.com/privacy-policy.
17. Your right to use trademarks and intellectual property contained on our products
17.1 Where we have given our written authorisation for you to re-sell the products to third parties, we hereby grant you a non-exclusive licence to use the trade marks on those products solely for the purpose of re-selling the products and you agree to sell the products only under those trade marks.
17.2 You shall not without our prior written consent, alter or make any addition to the labelling or packaging of the products displaying the trade marks, and shall not alter or deface in any manner or remove any reference to the trade marks, any reference to us or the original manufacturer or any other name attached or affixed to the products or their packaging or labelling.
17.3 You agree not to use any name or mark similar to or capable of being confused with any of the trademarks on the products or any trademarks owned by us.
17.4 Copyright of all images and text relating to the products remains vested in us or our suppliers. You will not use any of this copyrighted material without our express written permission on a case by case basis. Any permission so granted will cease on one month’s notice or any time notified in the written permission.
18. Other important terms
18.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
18.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
18.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
18.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
18.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
18.6 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by the law of England and Wales and you can bring legal proceedings in respect of the products in the courts of England and Wales. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the courts of England and Wales. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the courts of England and Wales.
18.7 Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
Version 1 [December 2020]