1.0 These terms
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1.1 |
What these terms cover. These are the terms and conditions on which we supply products 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. |
2. Information about us and how to contact us
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2.1 |
Who we are. We are Perkins Engines Company Limited a company registered in England and Wales. Our company registration number is 02089227 and our registered office is at Frank Perkins Way, Eastfield, Peterborough, UK PE1 5FQ. Our registered VAT number is GB 661 546 137. |
2.2 |
How to contact us. You can contact us by writing to us at customerservices-uk@perkins.com. |
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
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3.1 |
How we will accept your order.. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. |
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 are prevented by law from selling to you, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline. |
3.3 |
Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order. |
3.4 |
We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not deliver to addresses outside the UK. |
4. Our products
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4.1 |
Products may vary slightly from their pictures. The images of the products or their packaging on our website are for illustrative purposes only. Although we have made every effort to display the product accurately your product may vary slightly from those images. |
5. Your rights to make changes
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5.1 |
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. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8.- Your rights to end the contract). |
6. Our rights to make changes
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6.1 |
6.1 Minor changes to the products. We may change the product:
- to reflect changes in relevant laws and regulatory requirements; and
- to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.
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6.2 |
More significant changes to the products |
6.3 |
In addition, we may make more significant changes to the product, if we do so we will notify you and you may then contact us to end the contract and receive a refund for any products paid for but not received: |
7. Providing the products
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7.1 |
Delivery costs. The costs of delivery will be as displayed to you on our website. |
7.2 |
When we will provide the products. During the order process we will let you know when we will provide the products to you. If the products are ongoing services or subscriptions, we will also tell you during the order process when and how you can end the contract. We will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order OR we will contact you with an estimated delivery date OR to agree a delivery date, which will be within 30 days after the day on which we accept your order. |
7.3 |
We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside 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. |
7.4 |
If you are not there 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, the courier will leave you a note informing you of how to rearrange delivery or collect the products from a local depot. |
7.5 |
If you do not re-arrange delivery. If after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and 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 or collection we may end the contract and clause 10.2 will apply. |
7.6 |
Your legal rights if we deliver products late.You have legal rights if we deliver any products late. If we miss the delivery deadline for any products then you may treat the contract as at an end straight away if any of the following apply:
- we have refused to deliver the products;
- delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
- you told us before we accepted your order that delivery within the delivery deadline was essential.
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7.7 |
Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 7.6, you can do so in accordance with the process set out in Clause 8. |
7.8 |
When you become responsible for the products. A product which is products will be your responsibility from the time we deliver the product to the address you gave us. |
7.9 |
When you own products. You own products once we have received payment in full. |
7.10 |
Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
- deal with technical problems or make minor technical changes;
- update the product to reflect changes in relevant laws and regulatory requirements;
- make changes to the product as requested by you or notified by us to you (see clause 6.).
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7.11 |
Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You will not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, and we will refund any sums you have paid in advance. |
8. Your rights to end the contract
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8.1 |
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 and when you decide to end the contract:
- 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 replaced or to get some or all of your money back), see clause 11.;
- If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
- If you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but we may not refund the original cost of shipping;
- In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.7.
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8.2 |
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 (e) below the contract will end immediately upon you notifying us in accordance with the process set out in Clause 9, 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:
- we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);
- 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;
- there is a risk that supply of the products may be significantly delayed because of events outside our control;
- we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons; or
- you have a legal right to end the contract because of something we have done wrong.
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8.3 |
Exercising your right to change your mind (Consumer Contracts Regulations 2013). 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. |
8.4 |
Our goodwill guarantee. Please note, these terms reflect the goodwill guarantee offered by Perkins Engines Company Limited of Frank Perkins Way, Eastfield, Peterborough, PE1 5FQ to its UK customers, which is more generous than your legal rights under the Consumer Contracts Regulations in the ways set out below. This goodwill guarantee does not affect your legal rights in relation to faulty or mis-described products (see clause 11.1): |